conditions to be en literature §3. The said corporation shall be entitled to its share on what of the Literature Fund, or the income thereof, whenever corporation it shall have complied with the fiscal and other requisite titled to conditions, which would authorize the Regents of the share of University to incorporate an academy, and shall enjoy fund. such share so long as it shall, in all respects, and at all times, comply with such conditions and the regulations of the said Regents. Nothing in this section shall be In what construed so as to conflict with section second of an act entitled "An act in relation to stockholders of academies and other institutions of learning, and the distribution academie of the public funds to the same," passed April eleventh, eighteen hundred and fifty-seven. case corpo ration to receive no share of fund. Liability of corporators corpora 4. Nothing herein contained shall be construed to exempt the said J. Richmond Pratt, Clara E. Hahn, for conAnna D. Hahn, Henrietta M. Hahn and Emma J. Hahn, made, and and such executors or trustees, from legal liability for debts of contracts made or to be made by them, concerning said tion. institution, and they shall be legally liable for the debts of said corporation to the same extent and in the same manner, as if they acted in their individual capacity; but the real and personal estate actually belonging to Estate of the said institution and devoted to and exclusively used to be ex thereby, shall have the same exemption in respect to emptiom taxation as if it belonged to any ordinary academical incorporation. Chap. 808. AN ACT to incorporate the Waddington Canal and Water Works Company. Passed May 11, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: institution taxation. SECTION 1. The residents of the town of Waddington, Body corwho are owners of real estate on the northerly side of porate. the canal in the village of Waddington in said town, and those who may hereafter, from time to time, become such, are hereby constituted a body politic and corporate, by the name of "The Waddington Canal and Water Corporate Works Company," for the purpose of widening and name. purposes. May hold real or per Objects and deepening the said canal, keeping the walls and appurtenances thereof in proper repair, and of regulating the mode and means of taking water therefrom; and to this sonal pro- end the said corporation may acquire, hold, convey or transfer real or personal property, and sue and may be sued by their corporate name, and shall have jurisdiction over the said canal and its appurtenances. perty. Board of directors. Annual election. Business quorum. Directors may make assess ments upon property benefited, by im provements. Maximum amount of assessment. Who to keep walls repair. In what case, board may make such re § 2. The concerns of the said corporation shall be managed by a board of directors, consisting of five membess of the corporation, to be elected at the first meeting, and annually thereafter, at such time and place, and in such manner as shall be determined by the by-laws of the corporation, to hold office for one year, and until others are elected and take office. A majority of the directors shall constitute a quorum for the transaction of business. The said board of directors shall have power to make assessments for the purposes aforesaid, and for no other, upon the real estate and property of said company to be benefited by the improvement as aforesaid; which assessments shall be levied and made upon such property according to the valuation thereof set down in the last assessment roll of the said town of Waddington. But no assessment shall be levied or made except upon a vote of two-thirds of the members in favor thereof, at a meeting duly called for that purpose: and in no case shall the amount of the assessment exceed the sum of three hundred dollars in any year. §3. The owners of lots lying partly or wholly on the of canal in northerly side of the said canal, shall maintain and keep in repair the walls of said canal along or across their respective lots. The said board of directors shall have exclusive power to determine when said walls are out of repair; and in case the owner or owners of any lot of directors upon which the said walls may be found to be out of repair by said board of directors, shall refuse or neglect to make such repairs, after reasonable notice, then and in every such case, the said board of directors may make such repairs, and the necessary expenses thereof shall be a debt against such owner or owners, and shall be a lien upon the lot upon which such repairs were made. At the end of each year, a particular statement of all of expenses the necessary expenses of such repairs, including a state pairs. Expense thereof, to be a lien upon lots. Annual statement to be filed. Expense to be a lien upon lots. ment of all assessments upon the respective lots returned of repairs, by the treasurer uncollected, for the year, shall be made out in the name of said corporation, signed and verified by the president and clerk, and filed in the office of the clerk of the county of St. Lawrence; which verified statement shall be evidence in all courts and places of the facts therein contained, and shall from the time of the filing thereof, be and become a lien upon the respective lots upon which the assessments shall not have been paid to the amount of such assessment in favor of the said corporation; but no real estate shall be levied upon and sold under any proceedings by said company for the recovery thereof, unless the amount thereof, including all assessments previously make, and have become a lien thereon as aforesaid, and remain unsatisfied, if any, exclusive of costs, shall be at least twenty-five dollars. In what case real estate may be sold. clerk. treasurer. He His official bond. § 4. The said board of directors shall, at their first officers. meeting, proceed to elect, of their number, a president, a clerk and a treasurer. The clerk shall keep a record Duty of of all the meetings, as well of the corporation as of the directors, and shall have the custody of the books and papers belonging to the corporation, and make out all assessment rolls. The treasurer shall have the custody Duty of of all the moneys belonging to the corporation, and shall collect all assessments made as aforesaid. shall execute a bond to the president, with one or more sureties, to be approved by him, in such sum as the said directors shall determine, conditioned for the faithful performance of his duties. He shall annually, and Annual acoftener if required by them, render to the directors a rectors. just and true account of all moneys of the corporation in his hands, or under his control; pay out such moneys upon the order of the clerk, countersigned by the president, and at the close of his term of office, pay over any balance remaining, to his successor in office. count to di 5. The said directors shall, as soon as practicable By-laws. after their organization, adopt such by-laws, rules and regulations as shall be deemed necessary to carry out the purposes of the corporation, not inconsistent with this act, or the laws of this State, which shall be binding and obligatory upon the members of said corpora amended, tion, and may be enforced in any court of competent How to be jurisdiction. But such by-laws, rules and regulations may be amended, altered or repealed, by a two-third vote of the directors present at any stated meeting of the corporation. etc. In what case liens may be collected by suit. City offi cers. § 6. Whenever the assessments aforesaid, to the Chap. 809. AN ACT to amend an act entitled "An act to Passed May 11, 1868; three-fifths being present. SECTION 1. Section one of title two of the act entitled แ "§ 1. Hereafter the officers of said city shall consist of one mayor, one clerk, one police justice, one treasurer and tax receiver, eight police constables, one overseer of the poor, one superintendent of streets, one chief engineer of the fire department, and two assistant engineers. There shall also be the following officers in Ward offi- each ward: Two aldermen, one supervisor, three inspectors of election, one constable, one assessor, one fire warden, together with such other city and ward officers as hereinafter mentioned. The mayor, police justice, treasurer and tax receiver, and overseer of the poor, shall be elected on a general ballot, to be voted by all -cers. City and ward officers; how elected. 1 the electors of said city. The supervisor, assessor and aldermen, and inspectors of election, and constables in each ward of said city, shall be elected by the electors of such ward on one ballot, at each annual city election. The officers of said city whose election is not herein pro- Appointive vided for, shall be appointed by the common council on the nomination of the mayor, if they concur in his nomination, and if not, they shall appoint on the nomination of any member of the common council." § 2. Subdivision eighteen of section eight, title three, of the said act, is hereby amended so as to read as follows: officers. council cense auc tions. "18. To license auction stores, auctions or public Common sales of merchandise, and all personal or chattel pro- may li perty, and to demand and require for such license not to exceeding ten dollars for each day; and to regulate the time, mode, manner and place or places of holding such sales, and to regulate, license or prohibit such sales on any of the sidewalks or in any of the streets, lanes, alleys or squares of said city." § 3. Title three of said act, is hereby amended by adding thereto the following two sections, to wit: 66 recover how brought. "§ 9. All actions brought to recover any penalty or Actions to forfeiture incurred under this act, or the ordinances, by- penalties; laws or police regulations made in pursuance of it, shall be brought in the corporate name; and in any such action it shall be lawful to complain generally for the amount of each penalty or forfeiture, stating the section of this act, or of the by-laws or ordinances under which the penalty is claimed, and to give the special matter in evidence, and the defendant may answer by simply denying the truth of the complaint, and give the special matter in evidence. The first process in any such actions First probrought in a justice's court, shall be by warrant or sum- returnable. mons, which shall be made returnable forthwith, and Execution execution may be issued immediately on the rendition mand imof judgment, which said execution shall command the prisonment defendant therein to be imprisoned in close custody in the jail of Niagara county, for a term not exceeding thirty days, or until such judgment be paid, unless the defendant shall be a corporation, in which case the execution shall issue against the goods and chattels of such corpo cess; how may com for default in paying judgment |