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Persons holding

stock as

security not per

sonally liable.

all the stockholders of said corporation shall be jointly and severally liable for the debts due or owing to any of its laborers and servants, other than contractors, for personal services for thirty days' service performed for such company, but shall not be liable to an action therefor before an execution shall be returned unsatisfied in whole or in part against the corporation, and the amount due on such executions shall be the amount recoverable, with costs, against such stockholder. Such action shall be commenced within thirty days after the return of such execution unsatisfied as above mentioned, and every such stockholder against whom any such recovery by such laborer or servant shall have been had, shall have a right to recover the same of the other stockholders in said corporation in ratable proportion to the amount of the stock they shall respectively hold with himself; but no stockholder shall be personally liable for the payment of any debt contracted by the said corporation which is not to be paid within one year from the time the debt is contracted, nor unless suit is brought for the collection of such debt within two years after the debt shall become due; and no suit shall be brought against any stockholder in said corporation for any debt so contracted, unless it shall be commenced within one year from the time he shall have ceased to be a stockholder in said corporation.

No person holding stock in said corporation as executor, administrator, guardian or trustee, and no person holding stock as collateral collateral security, shall be personally liable as a stockholder of said corporation; but the person pledging such stock shall be considered as holding the same, and shall be liable as a stockholder; 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 trust fund, would have been if he had been living and competent to act and hold the same stock in his own name.

Seal.

§ 8. The said corporation may have a corporate seal and may alter and renew the same at pleasure.

§ 9. This act shall take effect immediately.

CHAP. 37.

AN ACT to amend chapter two hundred and eighty five of the laws of eighteen hundred and eighty, entitled "An act to provide for repairing or rebuilding and enlarging the city hall of the city of Albany, for the use of said city and the use of the county of Albany, and to provide means for the payment thereof."

PASSED March 17, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section fourteen of chapter two hundred and eighty-five of the laws of eighteen hundred and eighty, entitled "An act to provide for repairing or rebuilding and enlarging the city hall of the city of Albany, for the use of said city and the use of the county of Albany, and to provide means for the payment therefor," is hereby amended so as to read as follows:

be ex

§ 14. The whole amount expended by said commissioners, by virtue Amount to of this act, shall not exceed two hundred and ninety thousand dollars pended for the payment of the cost of employing the architect, superintendent limited. and his assistants, and the clerk as herein before provided for, and for furnishing said building, and defraying all other necessary expenses pertaining to the building or construction thereof.

§ 2. This act shall take effect immediately.

CHAP. 38.

AN ACT authorizing and empowering the common council of the city of Buffalo to use a portion of the Main and Hamburgh street canal in said city for the purpose of constructing a sewer, and for leave to pass under the Erie canal.

PASSED March 17, 1881; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

may use

canal for

sewer.

SECTION 1. The common council of the city of Buffalo is hereby common authorized, with the consent and under the direction of the superin- council tendent of public works and state engineer, to use a portion of the portion of Main and Hamburgh street canal in the said city of Buffalo, not exceeding twenty-five feet in width, for the purpose of constructing a sewer for said city. Permission is further granted to lay a sewer in the towing path of the Erie canal in the city of Buffalo, from Bird avenue to Albany street and in front of the Buffalo water-works, subject to the approval and consent of the superintendent of public works and state engineer.

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§ 2. The said sewer shall be constructed according to the plans and Sewer, specifications approved by the superintendent of public works and the conte state engineer and adopted by the common council of the city of ed. Buffalo, and the whole cost and expense of constructing said sewer shall be paid by the city of Buffalo, and when completed, shall be under the general control and supervision of the superintendent of public works; and the said city of Buffalo shall, at its own cost and expense, maintain and keep said sewer, its walls and banks, in perfect repair as may be directed by the superintendent of public works. § 3. This act shall take effect immediately.

CHAP. 39.

AN ACT to enable the Eagle Fire Company of New York to hold real estate.

PASSED March 17, 1881.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The Eagle Fire Company of New York, duly incorporated under an act entitled "An act to incorporate the Eagle Fire Company of New York," passed April fourth, eighteen hundred and six, and the acts amendatory thereof, is hereby authorized and enabled

Practice

on

taken

1, 1880.

to purchase the real property in which their office is or shall be located
in the city of New York, to an amount not exceeding five hundred
thousand dollars, and to hold, transfer and convey the same.
§ 2. This act shall take effect immediately.

CHAP. 40.

AN ACT in relation to surrogates' courts.

PASSED March 18, 1881.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. When an appeal shall be or has been taken after the appeals first day of September, eighteen hundred and eighty, from any order, since Sept. decree or determination made or rendered in a surrogate's court, in any matter or proceeding commenced before the first day of September, eighteen hundred and eighty, the said appeal shall be heard upon a case to be made and settled as provided by section two thousand five hundred and seventy-six of the Code of Civil Procedure; but if on any such appeal taken before the passage of this act the case has been made and settled, or the appeal perfected according to and in conformity with the laws and practice regulating appeals from orders, sentences or decrees of surrogates' courts in force in the state on the thirty-first day of August, eighteen hundred and eighty, then such appeals and settlement of the case thereon shall be valid and such appeals shall be heard and decided in conformity to the laws and practice regulating appeals from orders, sentences and decrees of surrogates' courts in force in this state on the thirty-first day of August, eighteen hundred and eighty.

§ 2. This act shall take effect immediately.

CHAP. 41.

AN ACT to re-enact chapter six hundred and fifteen of the laws of eighteen hundred and seventy-four, entitled "An act to incorporate the Oneonta Water-Works Company, and to authorize the trustees of the village of Oneonta to take and lease lands and water for the purposes of said company," and to amend the same.

PASSED March 18, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Chapter six hundred and fifteen of the laws of eighteen hundred and seventy-four, entitled "An act to incorporate the Oneonta Water-Works Company, and to authorize the trustees of the village of Oneonta to take and lease lands and water for the purposes of said company," is hereby re-enacted.

§ 2. Section one of said act is hereby amended so as to read as follows:

ors.

§ 1. William W. Snow, John Cope, Frank M. Gould, James H. CorporatKeyes, James Stewart and all such other persons as are or may be hereafter associated with them are constituted a body corporate by the Name. name of the Oneonta Water-Works Company.

§ 3. Section five of said act is hereby amended so as to read a

follows:

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§ 5. The persons named in the first section of this act shall be the Directors. first directors, and shall hold their offices until the first Monday of July, eighteen hundred and eighty-one, and until others are chosen in their places. In case of a vacancy in the direction by reason of the death or resignation of any director, or his ceasing to be a stockholder, or by his removal from the town of Oneonta, it may be filled by the remaining directors until the next annual election, or until some other person shall be elected to fill the same. The directors herein named Inspectors may appoint three persons who shall be stockholders, to be inspectors tion. at the first election, after which the stockholders shall choose three such inspectors at the annual election. If no inspectors are so chosen. the directors may appoint them from time to time. If at any time an election of directors shall not take place on the day appointed by this act, the corporation shall not for that reason be dissolved, but an election may be held on any other day in such manner as shall be provided for by the by-laws, or shall be prescribed by the directors.

§ 4. Section eight of said act is hereby amended so as to read as

follows:

water sup

poration

upon

$8. For the purpose of supplying the village of Oneonta with pure For purand wholesome water, for extinguishing fires, and other purposes, the poses of said company may purchase, lease and hold any real estate or water ply corrights needed for such purposes, and for the purpose of carrying this may enter act into effect it shall and may be lawful for the said company to pass lands, etc. through the lands of any person or persons, to dig up the same for the purposes of laying down conduit pipes or aqueducts, and to enter on said lands at any time to examine and repair the same, and said company shall have power to lay down pipes, conduits or aqueducts in any public square, street or highway, or any street lying open and used as a public highway, though not released by the owner to the town or village of Oneonta, for the purposes of a public highway, leaving the said highways, streets and public squares in the same condition, as nearly as may be, as before said entry; and it is further provided in Proviso as case of taking private property upon which there is water, either chase of springs, ponds or streams of water, or diverting the same, or for the lands or purpose of sinking wells, artesians or otherwise, to obtain a supply of consent. water, constructing dams or reservoirs, or both, and any and all other purposes for which said private property may be needed for the purposes of this act, said company shall first purchase the same, or get consent for using the same.

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owner's

ized.

$5. All acts, measures and things done and performed by the board Acts legalof directors named in the first and fifth sections of said act, consisting of organizing and opening the books for subscription to the capital stock of said company, and obtaining subscriptions thereto, are hereby legalized and the same made as effectual, binding and valid as if the same had been done and performed within one year after the passage of said chapter six hundred and fifteen of the laws of eighteen hundred and seventy-four, both upon the said company and upon the subscribers to said capital stock.

§ 6. Sections nine and ten of said act are hereby repealed.

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§ 7. And for the purposes of this act only and that it may be carried into effect, all acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

§ 8. The title of said act is hereby amended so as to read as follows: "An act to incorporate the Oneonta Water-Works Company." § 9. This act shall take effect immediately.

CHAP. 42.

AN ACT to repeal chapter three hundred and thirty-four of the laws of eighteen hundred and eighty, entitled "An act in relation to the keeping open of the offices of the register, county clerk, and county treasurer of the county of Westchester."

PASSED March 18, 1881.

The People of the State of New York, represented in Senate and Ássembly, do enact as follows:

SECTION 1. Chapter three hundred and thirty-four of the laws of eighteen hundred and eighty, entitled "An act in relation to the keeping open of the offices of the register, county clerk, and county treasurer of the county of Westchester," is hereby repealed. §2. This act shall take effect immediately.

CHAP. 43.

AN ACT to enable the board of education of the city of
Brooklyn to sell certain lands.

PASSED March 18, 1881; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The board of education of the city of Brooklyn is education hereby authorized to grant and convey the following described lands vey lands, and premises, namely: All those certain lots, pieces or parcels of land. situate, lying and being in the city of Brooklyn, bounded and described as follows, namely: Beginning at a point on the westerly side of Gold street, distant forty-five feet southerly from the south-westerly corner of Gold and Plymouth streets, and running thence westerly, parallel with Plymouth street, ninety-nine feet six inches or more, thence southerly, parallel with Gold street, seventy-five feet, thence easterly, parallel with Plymouth street, forty-four feet, thence southerly, parallel with Gold street, forty feet six inches, to a point forty feet northerly from Water street, thence easterly, parallel with Water street, fifty-five feet six inches, to Gold street, and thence northerly, along Gold street, one hundred and fifteen feet six inches, to the point or place of beginning.

Decd.

§ 2. The deed shall be in the name of the said board. The president of the board shall sign the same as such president and cause the official seal of the board to be thereto affixed. In case of the inability of the president to so execute the deed, through sickness or absence

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