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CHAP. 231.
AN ACT to incorporate the Rochester female academy.

Passed April 21, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows :

$1. James Seymour, Jonathan Child, Elijah F. Smith, Corporation James K. Livingston, Moses Chapin, Henry B. Williams and their associates, who shall be stockholders as herein after named, are hereby constituted a body corporate and politic by the name of “The Rochester Female Academy,' for the purpose of establishing, maintaining and conducting a literary institution for the education of females in the city of Rochester.

§ 2. The corporation hereby created shall be capable in Real and law to purchase, receive and hold real and personal estate personal to an amount not exceeding thirty thousand dollars, and shall have power to mortgage, lease, sell and convey their said real estate, and to sell and convey their said personal estate.

§ 3. The capital stock of said association may be increas- Capital ed from time to time, as the stockholders direct, but shall stock. not exceed the sum of twenty thousand dollars; and shall be divided into shares of twenty dollars each, which shall be deemed personal property, and be tranferrable in such manner as the by-laws of the corporation shall prescribe.

$ 4. The concerns of said corpora:ion shall be managed Trustees. by six trustees, who shall be stockholders. The first election of trustees shall be on the first Monday of April next, and the trustees then elected shall be by lot divided into three classes, of two in each class. The trustees of the first class shall hold their office one year; those of the scond class two years; and those of the third class three years. On the first Monday of April, in each year, an election shall be held of two trustees to fill the vacancies of the two whose term of office has expired; and the trustees thus to be elected shall hold their office the term of three years from the time of their election. Said trustees shall be elected by a plurality of the votes of the stockholders present, in such manner as the by-laws shall prescribe. Each stockholder shall be entitled to one vote, in person or by proxy, for each share of his stock; but no one person shall directly or indirectly give more than ten votes for any amount of stock.

§ 5. The persons named in the first section of this act First trusshall be the first trustees, and shall continue in office until tees. the first Monday of April next, and until the trustees then to be elected shall enter upon the duties of their office.

§ 6. In case of a vacancy, caused by the death, resigna- Vacancies. tion or removal from the city of Rochester of any trustee,



the remaining trustees may continue to act until the end of their official year, or they may proceed to fill such vacancy at any time within thirty days after it occurs.

And the person elected by them to fill such vacancy may officiate until the expiration of the term for which his predecessor was elected, and until the trustees elected as his successors enter upon their duties.

87. A majority of the trustees in office shall, at any meeting duly notified, constitute a quorum for business, and all questions shall be decided by a majority of those present.

§ 8. In case an election of trustees shall not be had according to the provisions of this act, the said corporation shall not, for that cause, be dissolved, but the trustees then in office shall hold over another year, and until others duly elected shall assume the office at the commencement of an official year.

9. The trustees may elect from their number a president; and may also if deemed desirable, elect, and at pleasure remove, a secretary and treasurer. They shall have power to elect and appoint professors and teachers, to make regulations and by-laws, to prescribe the course of studies and regulate the goverment of the institution.

§ 10. The said corporation shall not be entitled to any share of the literature fund until it shall comply with the rules and regulations, and become subject to the visitation of the regents of the university,

§ 11. The corporation hereby created shall possess the powers, and be subject to the provisions contained in the third title of the cighteenth chapter of the first part of the Revised Statutes.

§ 12. This act shall take effect immediately after the pas


Literature fund.

General powers.

Act to take effect.

sage thereof.

CHAP 232.
AN ACT relative to the Methodist book concern in the

city of New York.

Passed April 21, 1837. The People of the State of New York, represented in Se

nate and Assembly, do enact as follows: Agents of M. $ 1. It shall be lawful for Thomas Mason and George

Lane, agents for the Methodist book concern appointed by real estate the general conference of the Methodist Episcopal church

E. church

and their successors, as such agents, to take and hold real estate in trust, for the purposes of such agency, and to demise and convey the same: but the value of such real estate,

inay hold

so taken and held by them, shall not exceed two hundred
thousand dollars.

§ 2. The real estate heretofore conveyed to Thomas Ma- Real estate son and George Lane, as agents as aforesaid, shall be con- conveyed to sidered as part of the real estate to be held by them, and them. their successors, as such agents, in trust as aforesaid.

in a book

CHAP. 233.
AN ACT to amend article fifth, title tenth, chapter ninth,

part first of the Revised Statutes, entitled Regulations
and penalties on the inspection, packing and removal of
salt, and the payment of duties."

Passed April 21, 1837.
The People of the State of New York, represented in Se-
nate and Assembly, do enact as follows:

$1. It shall be the duty of every owner or occupant owners or of any manufactory of fine salt, in the town of Salina, to enter name: keep a book, in which he shall enter, or cause to be entered, 'the name and residence of every person who shall procure salt at such manufactory, together with the quantity of salt by measure set opposite such name, which shall be at any time taken from such manufactory by such person, not exceeding ten barrels of salt at any one time; which book shall be open to the examination of the inspector of salt, and his deputy or deputies, every day, from the rising to the setting of the sun.

§ 2. It shall be the duty of said inspector, or one or more Inspector to of his deputies, to examine all the said books, so kept as aforesaid, at least once in each day, and to compare the entries so made for each day, with the respective quantities of salt inspected, from the same manufactories on the same day, under the quantity of ten barrels.

$ 3. Every person procuring salt at any such manufacto- Names how ry in quantity of ten barrels or under, shall report to the to be reportperson having charge of the book kept therein as aforesaid, his name and

place of residence, when thereunto required by him; and for every neglect or refusal so to report, or for any false information contained in such report, in relation to his name or place of residence, the person so neglecting, refusing or falsely reporting shall forfeit and pay to the use of said people a penalty not exceeding twentyfive dollars for each offence, to be recovered in an action of debt, in any court having cognizance thereof, in the same manner that other penalties are recovered by the provisions of the act hereby amended.

examine books daily


Persons en: tering names to


§ 4. Every person whose duty it is made by this act to

make said entries shall, for that purpose, demand the name demand re- and residence of any person procuring salt in quantity less

than ten barrels at any such manufactory, and for every neglect or refusal to make such demand or entry, the person so neglecting or refusing shall forfeit and pay to the use of the said people a penalty not exceeding ten dollars for each offence, to be recovered in an action of debt in any court having cognizance thereof, in the same manner as provided in the third section of this act.

85. This act shall take effect from the passage thereof.

Act to take effect.

Consul or vice-consul

ter in certain cases.

CHAP. 234.
AN ACT to regulate the powers and duties of public ad-

ministrators and surrogates, relative to the property and
effects of foreigners.

Passed April 21, 1837. The People of the Stute of New-York, represented in Sea nate and Assembly, do enact as follows:

$ 1. After the decease of any non resident foreigner inmadininis testate, and who is not a permanent resident at the time of

his decease in the state of New York, who shall not have become naturalized or taken any incipient measurers for that purpose, leaving no widow or next of kin, administration of such intestate's goods and estate shall, within thirty days, be granted to the consul or vice-consul who shall have been duly appointed for the state of New-York, by the gorernment in which said deceased alien shall have been born, and who shall have been recognised as such by the president of the United States; and after thirty days from the death of such alien, in case the said consul shali refuse or neglect to take letters of administration, the surrogate the city or county where such alien may die, may commit the administration of such estate to one or more of the prin

cipal creditors of the intestate, or to the public administrator. Inventory of § 2. It shall not be necessary for the said consul or viceperty to be consul, on taking out letters of administration on the pro

perty of any alien belonging to the nation for which such consul or vice-consul is appointed, to give security as administrators are now required by law to give, but he shall make out a true inventory of all property and effects of such alien, which shall come to his knowledge, and cause the same, together with his affidavit of the correctness thereof, to be filed in the office of the said surrogate; and such consul or vice-consul shall be answerable for the debts owed by such alien, to the full amount of the value of the said pro


made and filed.



perty, after deducting the necessary expenses paid out by him in administering on the same, unless the said properly is sold under the order of the surrogate, and in that case he shall be liable to the amount for which the property was sold, after deducting the expenses as aforesaid.

§ 3. If any executor or administrator, duly appointed, Property shall appear to claim the property or effects of the deceas. when to be ed, all such property or effects shall be delivered over to

over by con such executor or administrator by such consul or vice-con- sul. sul, without any commission or fees charged against such property or deducted therefrom, except such charges as the surrogate shall allow and order to be paid out of the avails of the said property.

§ 4. The said consul or vice-consul shall not sell or dis- Not to be pose of any of the property of the deceased, without the order of sur order of the surrogate first obtained for that purpose ; nor shall he remit any of the proceeds arising from the sale of any of the property of the deceased, until he shall give such reasonable notice as the surrogate shall order and direct, and obtain his order for that purpose; and when he shall have obtained such order and remitted the proceeds arising from such sale, in pursuance of the laws of the government under which he is consul or vice-consul, he shall be exempted from any liability to any creditor of such alien.

$ 5. No fees shall be allowed or taken by any consul or vice-consul for any services rendered by him under the pro- fees. visions of this act.

$ 6. So much of part second, chapter six and title six of Part repealthe Revised Statutes, relative to public administrators, as is inconsistent with the provisions of this act, is hereby repealed.

$ 7. Nothing contained in this act shall interfere with the Saving said consuls or vice-consuls in conforming to the laws of the nation or country they represent, as to the effects of seamen of such nation in the service of such government or its subjects.

Consul not to charge



CHAP. 235. .
AN ACT to regulate the distribution of Bank Stock.

Passed April 22, 1837. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. When any corporation having banking powers shall appear hereafter be created, it shall be the duty of the officer ad-commissionministering the government of this state, to appoint three stock. individuals not interested in the stock of any bank, and re

Governor to

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