Corporation ereated. Stock, Subscriptions to stock CHAP. 71. AN ACT to incorporate the Westchester whaling com pany. Passed April 5, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S1. John Hunter, Henry White, St John Constant, Tyler Fountain, Niles Frost, Solomon Rundle, William Nelson, Jonathan Ferris, Phillip Clapp, William Watts, Gerard Crane, and such other as now are or hereafter may be associated with them, for the purposes of engaging in the whale fishery in the Atlantic and Pacific oceans and elsewhere, and in the manufacture of oil and spermaceti candles, are hereby constituted a body corporate, by the name of "The Westchester Whaling Company," to be located in the village of Peekskill, or within three miles thereof. $ 2. The capital stock of said corporation shall not exceed the sum of two hundred thousand dollars, and be divided into shares of fifty dollars each: but it shall be lawful for said corporation, when, and as soon as fifty thousand dollars of the said capital stock shall have been subscribed and paid in, and an affidavit to be made by the president of said company, showing that the said sum of fifty thousand dollars have been so paid in, shall have been filed in the office of the secretary of state, to commence its said business, and with that capital to conduct and carry on the same until they shall find it expedient to extend their capital, which they are authorised to do from time to time to the amount herein before mentioned. S3. The subscription to the said stock shall be opened under the direction of John Hunter, Henry White, Tyler Fountain, St John Constant, Niles Frost, Solomon Rundle, William Nelson, Jonathan Ferris, Phillip Clapp, William Watts and Gerard Crane, who are hereby appointed commissioners for that purpose, and authorised to receive subscriptions to the said capital stock, on such days and at such places in the village of Peekskill as they shall appoint, giving at least fourteen days' notice of such time and place of receiving subscriptions, in two public newspapers, one printed in the village of Peekskill and the other in the city of New-York; and the sum of five dollars on each share subscribed, shall be paid to the;commissioners at the time of subscribing as aforesaid; and in case the amount of two hundred thousand dollars of the stock shall not be taken on said day, then the said commissioners may on such other days, and at such other place or places as they may from time to time appoint, receive further subscriptions, until the whole required capital stock shall have been subscribed for, and taken up. $ 4. The commissioners shall proceed to distribute the Distribution capital stock of the said corporation among the subscri- of stock. bers thereto, in such manner, and to such amount as they shall deem most advantageous to the interest of the corporation; but no such distribution shall be made until fifty thousand dollars of such stock shall have been subscribed. $ 5. The stock, property, affairs and concerns of the said corporation, shall be managed and conducted by eleven directors, who shall choose one of their number to be their president, and who shall hold their office for one year from the first Tuesday of January in every year, which said directors, except those appointed by this act, shall be stockholders to an amount not less than ten shares, and citizens of the United States; and the said directors shall be elected on the last Tuesday in December in every year, and at such time of the day, and at such place in the village of Peekskill, as a majority of the directors for the time being may appoint; and the said directors shall appoint three of the stockholders of said company who are not directors, to be inspectors of said annual election; and public notice of such election shall be given by the directors, not less than fourteen days previous to the time of holding the same, by an advertisement to be inserted in one of the newspapers printed in the village of Peekskill, and in a paper printed in the city of New-York. Such election shall be made by ballot, either in person or by proxy, and each stockholder shall be entitled to give one vote for each share of stock held by him; and the eleven persons having the greatest number of votes at an election shall be directors: but if at any election it shall so happen that eleven directors shall not be elected upon the first ballot by the greatest number of votes, by reason of two or more persons receiving an equal number of votes, then the directors in office at the time of such election, shall appoint a sufficient number of persons from among those having an equal number of votes, to complete the number of eleven directors. And if any vacancy shall at any time happen among the directors by death, resignation or otherwise, such vacancy shall be filled for the remainder of the year in which it may happen, by such person as the remainder of the directors for the time being shall appoint; and the persons above named as commissioners, shall be Directors Election. Calls on stockholders. directors until the first Tuesday in January, in the year one thousand eight hundred and thirty-five. $ 6. In case it shall at any time happen that an election of directors shall not be made on the day upon which, pursuant to this act it ought to have been made, the said corporation shall not for that cause be dissolved, but it shall and may be lawful to hold such election on such other day in the manner aforesaid, as shall be prescribed by the laws and ordinances of the said corporation; and until such new election shall be had, the directors of the preceding year shall continue to be directors of said corpo ration. $7. The president and directors of said company may call for and demand of the stockholders or subscribers for stock, all such sums of money as are by them respectively subscribed, which said sums such stockholders and subscribers are hereby declared liable to pay at such times and in such proportions as the said president and directors shall deem best for the interest of the company, the said president and directors giving thirty days previous notice of such call or demand, in one of the public newspapers printed in the village of Peekskill, and one in the city of New-York; and in case of failure to pay the same, the president and directors may declare the shares of such subscriber or stockholder so failing, forfeited, and such shares, with all previous payments made thereon, shall be thereby forfeited and become the property of said corporation, • Transfers. $ 8. No transfer of stock shall be valid or effectual un til such transfer shall be entered or registered in the book or books to be kept by the president and directors for that purpose. The stock shall be deemed personal property. $ 9. The corporation shall be authorised to purchase Real ostato. and hold real estate to the amount not exceeding twenty, five thousand dollars, and convey the same. Duration of S 10. The said corporation shall continue during twen charter. Right to repeal. Foreigners. Act to take effect ty years, and shall possess the general powers and be subject to the general restrictions and liabilities prescribed in the third title of the eighteenth chapter of the first part of the Revised Statutes. S 11. The legislature may at any time modify or repeal this act. S 12. No foreigner shall ever be a stockholder or in any way interested in this company. of. S 13. This act shall take effect from the passage there CHAP. 72. AN ACT to enable the Mayor, Aldermen and Commonalty of the city of New-York to raise money by tax. Passed April 5, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: The sum of $400,000 to raised. § 1. The mayor, recorder and aldermen of the city of New-York, as the supervisors of the city and county of New-York, or a majority of them, of whom the mayor or recorder shall be one, shall be and are hereby empowered, as soon as conveniently may be, after the passage of this act, to order and cause to be raised by tax on the estates, real and personal, of the freeholders and inhabitants of and situated within the said city, to be collected a sum not exceeding four hundred thousand dollars, to be applied to the support and maintenance of the poor of the said city and county; the support and maintenance of criminal persons; the support of bridewell and penitentiary of the said city; the repairing and taking care of the other public buildings belonging to and under the care of the mayor, aldermen and commonalty of the city of New-York; the making, regulating, repairing and improving the public roads in the said city and county; the defraying the other contingent expenses properly chargeable to the said city and county, and for defraying the expenses which the mayor, aldermen and commonalty of the city and county of New-York may sustain or be put to in executing the powers vested in them by an "Act to reduce several laws relating particularly to the city of New-York into one act," passed April the ninth, one thousand eight hundred and thirteen. And also such further sum, by a tax aforesaid, as is required to be raised by a tax in the said raised for city for the support of common schools, and as may be necessary for supplying the deficiences of taxes upon any and every of the wards of the said city, imposed or laid during the year one thousand eight hundred and thirtythree, owing to the insolvencies of the collectors of the said wards, or any or either of them and their sureties, or their inability to collect the said tax, and also for defraying the whole of the expenses for assessing and collecting the taxes to be raised, as aforesaid; such deficiencies, however, to be assessed on the estates real and personal, of the inhabitants of and situated within the wards respectively where they shall happen, as aforesaid. And A further sum of $300, also a further sum, not exceeding three hundred thousand 000 to be dollars, by a tax on the estates real and personal of the raised. A sum to be common schools. How to be collected. freeholders and inhabitants of and situated within the said city, to the southward of a line beginning at the East river, at the foot of Twenty-First street, and running westerly through the centre of Twenty-First street to the North river, as the said street is laid down on the map of the said city, to be applied to the payment of so many watchmen as the mayor, aldermen and commonalty of the city of New-York shall appoint and employ for watching and guarding the said city; to the purchasing of oil, providing and putting up of lamps, and repairing, cleaning and lighting those which now are, or hereafter may be, erected within that part of the said city last described; to cleansing and repairing public wells and pumps, and to defraying the other contingent expenses arising within and properly chargeable to that part of the said city, to the southward of the line aforesaid, as the said mayor, aldermen and commonalty, in common council convened, may from time to time direct: and also such further sum by tax as aforesaid, as may be necessary for the supplying the deficiencies of taxes upon all that part of the city to the southward of the line aforesaid, during the year one thousand eight hundred and thirty-three, owing to the insolvencies of the collectors of the said wards, or any or either of them, and their sureties, or their inability to collect the said tax; and also for defraying the expenses of assessing and collecting said taxes; such deficiencies, however, to be assessed upon the estates real and personal of the freeholders and inhabitants of and situate within the said wards respectively where they shall happen as aforesaid, to the southward of the line aforesaid. แ $ 2. The said several sums of money shall be assessed and collected in the manner directed in and by the thirteenth chapter of the first part of the Revised Statutes, except so far as the said chapter may be contrary to the provisions contained and referred to in the act entitled An act respecting the collection of taxes in the city of New-York," passed April the sixth, one thousand eight hundred and twenty-five, and of the act to amend the same, passed April the twentieth, one thousand eight hundred and thirty, and also in the fourth section of the act of March the tenth, one thousand eight hundred and twenty, entitled "An act to enable the mayor, aldermen and commonalty of the city of New-York to raise money by tax;" which said three last mentioned acts, so far as they concern the assessment and collection of all or any taxes and assessments in the city of New-York, and all the acts and provisions contained or referred to in the same, which relate particularly to the city of New-York, are hereby declared to be in full force and effect so far as afore |