to furnish town thereof, in case of ment. § 16. The said company shall furnish water to the Company town of Morrisania, and other towns in the county of water to Westchester, for the purpose of extinguishing fires, upon such terms as may be agreed upon between them and Terms the proper authorities of said town or towns; and if how settled they cannot agree, application may be made by said. disagreecompany or the authorities of said town or towns for the appointment of commissioners, as provided in section ten of this act, who shall prescribe the terms upon which said water shall be furnished, subject to an ap peal by either party, as provided in section eleven of this act. The said company may make any agreements, May nake contracts, grants and leases for the sale, use and distri- and leases, bution of water that may be agreed upon between said for sale or company and any individuals, associations and corpora- water. tions, which agreements, contracts, grants and leases shall be valid and effectual in law, but nothing in this Proviso. section contained shall be held or construed to compel any town to take water of said company. contracts use of powers 17. The corporation hereby created shall possess General the powers and be subject to the provisions of title and prothree, chapter eighteen of the first part of the Revised visions. Statutes. stockhold ers. when to be § 18. All the stockholders of the company hereby Liability of created shall be severally individually liable to the creditors of said company, to an amount equal to the amount of stock held by them respectively, for all debts and contracts made by said company, and the capital Stock, stock fixed and limited by the directors of said company paid in. shall be paid in, one-half thereof in one year, and the other half within five years from the time of the commencement of the works of said company under this act, or the corporation hereby created shall be dissolved. of payment re corded. § 19. The president and a majority of the directors, Certificate within thirty days after payment of the last installment of stock, of the capital stock, shall make a certificate of the howe amount of the capital fixed and paid in, which certificate shall be signed and sworn to by the president and a majority of the directors, and shall within thirty days be recorded in the clerk's office of Westchester county. § 20. The stockholders of said company shall be Liability of stock holders for debts to laborers. directors, creating indebted ness. jointly and severally liable for all debts that may be due and owing to all their laborers and servants for services performed for said company. Liability of § 21. The indebtedness of said company shall not at any time exceed an amount equal to seventy-five per cent of its capital stock, and if the indebtedness of said company shall at any time exceed such amount, the directors of said company assenting thereto shall be personally and individually liable for such excess to the creditors of such company. executors, etc. Liability of § 22. No person holding stock in said company as guardians, executor, administrator, guardian or trustee, and no person holding such stock as collateral security, shall be personally subject to any liability as a stockholder of said company, but the person pledging said stock shall be considered as holding the same, and shall be liable as a stockholder accordingly; and the estates and funds in the hands of such executor, administrator, guardian or trustee, shall be liable in like manner and to the same extent as the testator or intestate, or the ward or person interested in such fund would have been if he had been living and competent to act, and held the May repre- stock in his own name. Every such executor, administrator, guardian or trustee shall represent the shares of stock owned by him as such administrator, guardian or trustee, at all meetings of the company, and may vote as a stockholder, and every person pledging his stock as aforesaid may in like manner represent the same and vote accordingly. sent stock, at meet ings of company. stock holders. Liability of § 23. No stockholder shall be personally liable for the payment of any debt contracted by said company which is not to be paid in one year from the time the debt is contracted, nor unless a suit for the collection of said debt shall be brought against the said company within one year after the debt shall have become due; and no suit shall be brought against any stockholder who shall cease to be a stockholder in said company for any debt so contracted, unless the same shall be commenced within one year from the time he shall have ceased to be a stockholder in such company, nor shall any suit be brought against any stockholder until an execution against the company shall be returned unsatis- to be in writing. § 24. Every contract to be made under this act by Contracts which said company shall obtain credit shall be in writing, and there shall be attached to the copy of said contract delivered to the creditor a printed copy of the twenty-second section of this act. § 25. This act shall take effect immediately. Chap. 796. AN ACT to amend an act entitled "An act to Passed May 10, 1869; three-fifths being present. missioners, bridge. SECTION 1. The Canal Commissioners are hereby canal comauthorized and required, within six months, to construct to con and complete a suitable iron bridge, with two roadways struct iron and two sidewalks, over the Cayuga and Seneca canal, at the place where Ovid street crosses said canal in the village of Seneca Falls, as provided for in section one of chapter six hundred and sixty-nine of the laws of eighteen hundred and sixty-eight. Said bridge shall be Heighth of raised in the discretion of the Canal Commissioner in bridge. charge, not less than three feet nor higher than the river bridge at the north end thereof. The work provided work, for by this act and the act hereby amended, shall be how adverduly advertised by the Canal Commissioners and shall let. be let by such Commissioners to the lowest bidder therefor, and the Auditor shall not pay any money appropriated by this act or by the act hereby amended under any pretence whatever, except to the lowest bidder, for such work, after the same shall have been advertised and let as aforesaid and performed in pursuance of such bid and the contract based thereon. tised and Appropria tion of applied. Loose wall §2. The said Canal Commissioners shall use for the 1968, how purpose mentioned in section one of this act, so much of the money appropriated for that purpose in section two of said chapter six hundred and sixty-nine of the laws of eighteen hundred and sixty eight, as may become necessary; and they shall expend the balance, if any, of the money so appropriated in replacing the loose wall and old docking along the berme bank of said canal from the north abutment of said bridge to the waste weir on the same level, with a stone wall in cement sufficient to prevent the leakage of water in said canal, and to secure the north bank of said canal. and old docking to be replaced with stone wall in cement. Appropriations for vertical Payment to be made upon release of § 3. The sum of two thousand dollars, or so much completing thereof as may be necessary, is hereby appropriated for wall. the purpose of completing the vertical wall mentioned in the second section of this act, out of any money appropriated to ordinary or extraordinary repairs of the middle division of the canals, which sum shall be paid by the Treasurer on the warrant of the Auditor of the Canal Department, upon the execution, by the owners of property on each side of said bridge and located near the same, and by the owners of property on the line of the north and berme bank of said canal where said old docking is to be repaired under the provisions of this act, of a contract of release to the State of any and all claims for damages which may arise from the rebuilding of said bridge or the repairing of said docking or wall. Vlage on. But a satisfactory indemnity executed by the corporate claim for damages by land owners. thorities, may exe cute indemnity for damages. authorities of the village of Seneca Falls, shall be Chap. 797. AN ACT to release and convey the interest of the People of the State of New York in certain real estate in the county and city of New York to Arthur Dougherty, William Dougherty, Catharine Dougherty and Mary Dougherty, heirs of Unatha Dougherty, deceased. Passed May 10, 1869, by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Title of State to lands in N. city re leased. SECTION 1. Arthur Dougherty, William Dougherty, Catharine Dougherty and Mary Dougherty, all children of Unatha Dougherty, deceased, late of the city of New York, are hereby authorized to take, hold, convey and dispose of all that certain lot or parcel of land (which escheated to the State by the alienage of the said Unatha Dougherty), situated and lying in the city and county of New York, in the State of New York, being all that certain lot of land situate, lying and being in the twelfth ward of the city of New York, and designated by the number one hundred and seventy-nine on a certain map entitled map of two hundred and forty-five lots of ground situate in the twelfth ward of the city of New York, belonging to the estate of James Clinton Norton, deceased, surveyed May, eighteen hundred and forty-seven, by Daniel Ewen, city surveyor, and which map was filed in the office of the register of the city and county of New York on the fifteenth day of July, eighteen hundred and forty-seven, said lot number.one hundred and seventy-nine being bounded and contains as follows, to wit: Commencing at a point distant three Descriphundred and seventy-five feet westerly from the south- lands. westerly corner of the Tenth avenue and Forty-third street; running thence westerly twenty-five feet along the line of Forty-third street to lot number one hundred and seventy-eight; thence southerly along lot number one hundred and seventy-eight one hundred feet five inches to lot number two hundred and ten; thence along lot number two hundred and ten easterly twenty |