§ 3. The stock, property, affairs, and business of the said Directors. company or corporation, shall be managed by nine directors, who shall be stockholders of said corporation, and shall be chosen annually after the first election, on the first Tuesday in July in each year, at such place as a majority of the directors may appoint, of which due notice shall be given, as hereinafter directed. The board of directors shall, at their first meeting after such election, appoint one of their number to be president, and shall appoint a secretary and a treasurer, who may be required to give security, according to the by-laws which the directors of the said corporation shall adopt.

tions

§ 4. The directors may require from the stockholders Payment of payment of all sums of money by them subscribed to the subscrip capital stock, at such times, and in such proportions, as they may deem proper, under the penalty of forfeiture of their respective shares, and all payments thereon; first giving thirty days previous notice of each call, in some newspaper printed in the village of Niagara Falls, or if none is printed in said village, then in some newspaper printed in said county, and by directing and sending a notice requiring such payment to each and every stockholder to the post office nearest his residence; and this provision shall apply to all notices required to be published under this act.

§ 5. Augustus S. Porter, of Niagara county; Alonzo S. Commis Upham, of Genesee county; Alexander B. Williams, of sioners. Wayne county; Delos De Wolf, of Oswego county; Vivus W. Smith, of Onondaga county; John L. Schoolcraft, of the city of Albany; Henry S. Welles, of New-York; Henry A. King of Albion, Orleans county, and John E. Develin, of the city of New-York, shall be commissioners, who shall, on the first Tuesday of May next, meet at the village of Niagara Falls, to open books and receive subscriptions to the capital stock of said corporation. They may keep open subscription books for such purpose, at said village, or at such other place as they, or a majority of them, may decide, until the capital stock shall have been fully subscribed, first giving due notice of time and place, if adjourned to any other than said village of Niagara Falls. Such books shall be opened and controlled by a majority of said commissioners, and shall remain open during regular business hours, or until all the capital stock shall have been subscribed. The sum of five dollars upon each

Distribunon of stock

share subscribed shall be paid to the said commissioners at the time of making such subscription.

§ 6. If a larger amount than the whole capital stock herein authorised shall be subscribed, then the commissioners shall proceed to apportion the sum among the several subscribers, in such manner as shall by them be considered most advantageous to the said corporation. And the commissioners above named, shall be and act as the first board of directors, until the annual election on the Flections. first Tuesday in July, 1856. The directors hereby appointed, or any five of them, shall hold said election in that year at the village of Niagara Falls, first giving thirty days previous notice thereof; and such stockholders as shall attend, in person or by proxy, shall be entitled to one vote on each share of the stock held by them respectively; and the said directors so presiding, at that and all subsequent elections, shall under their hands certify the names of the persons so elected as directors, and deliver over to their successors in office all money, books, or other papers or property so held by them, in pursuance of this act. The said first board of directors, or in case of their omission to act, their immediate successors shall select, and by certificate designate the site of said bridge and approaches to the same, and make two certificates thereof, one of which shall be filed with the secretary of said corporation, and the other in the clerk's office of Niagara county; the said selection and designation to be considered as fixing said site and approaches, unless altered by a subsequent act of the directors of said corporation.

General powers.

7. The said corporation is hereby empowered to purchase, receive, and hold such real estate on either side of said river as may be necessary and convenient to accomplish the objects for which this corporation is granted, and may, with their surveyors and engineers, enter upon and take possession of such sites and locations. But all such sites and locations so entered upon shall be acquired by purchase or donation of the owner or owners, at a price to be mutually agreed upon. In case of disagreement as to price for such real estate, on the east side of the river, or any other cause to prevent acquisition by agreement, the said directors may present their petition to one of the justices of the supreme court of the eighth judicial district, setting forth the necessity of such lands for the site of said bridge, toll-houses, gates, or accommodation for the

officers or agents of the said company, in the management of their concerns, and of the endeavor and failure to purchase or acquire the same, with the name and residence of the owner or occupant, or agent representing the same, and the reason why the desired acquisition cannot be effected; and the said justice shall direct such notice to the owner or representative of such land as he shall deem reasonable, of the time and place for hearing the parties; and upon proof of due service of said notice, and upon hearing, the said justice shall appoint three competent freeholders of Niagara county to appraise said lands. The said commissioners, after giving notice to the owner, occupant, or agent, or in case of absence, leaving a written notice at his actual place of residence, with some person of suitable age and discretion, shall appraise said lands, and award to the owner or owners thereof what they shall deem to be the full value of the same; and they shall be authorised to make personal examination, administer oaths, to hear testimony, and shall make their appraisement without delay, under their hands and seals, with a minute and accurate description of the lands designated, and report their proceedings to the said justice, who shall examine the report, and hear the parties if desired, and may increase or diminish the damages if he shall be satisfied that injustice has been done. Upon proof to such justice, within twenty days after his determination, of the payment to the owner or owners, or of having deposited to his credit in such bank as the said justice shall have directed, the amount of the value of such lands, and the payment of the expenses of the application and appraisal, the said justice shall make an order particularly describing the lands and stating the payment of the money and expenses, and the facts necessary to the compliance with this section; and when the order shall be recorded in the office of the clerk of Niagara county, the said corporation shall be possessed. of the lands thus appraised and described, and may enter upon and take possession of the same, and may perfect and improve the same as shall be deemed most useful to the said corporation.

married

§8. In case any married woman,.infant, idiot, insane Rights of person, or non-resident abroad, or person whose residence women, inis unknown, shall be interested in such lands, the said fants &o. justice shall appoint some competent and disinterested person to appear before said commissioners, and act for,

By-laws. and in their behalf. The directors of said corporation shall have power to make all reasonable by-laws and rules, consistent with general laws, for the government and regulation of the company, and its officers or agents. Liabilities. All the stockholders under this act shall be severally and individually liable to the creditors of the company, for all the debts contracted by its directors or agents, for the use of said company, until the whole amount of the capital stock authorised by this act is paid in, and a certificate thereof has been filed in the office of the clerk of the county. If the directors shall contract debts exceeding the amount of the capital stock, in the aggregate, they shall be personally liable for all such debts; but they may discharge them out of the moneys afterwards received for tolls.

Debts.

Powers

and restrictions.

Penalties for injuring bridge.

Tolls.

§ 9. The said corporation shall possess the general powers, and be subject to the general restrictions and liabilities, prescribed by such parts of the eighteenth chapter of the first part of the Revised Statutes, as are now, or may hereafter continue to be in forcee.

§10. If any person shall wilfully do, or cause to be done, any act or acts whatever, whereby said bridge, or any work or approach appertaining thereto, shall be obstructed, impaired, weakened, injured or destroyed, the person so offending shall forfeit to the said corporation treble damage sustained by means of such offence or injury, to be recovered in the name of the corporation, with costs of suit, by action of debt, and shall, moreover, be guilty of a misdemeanor, and be punished by fine and imprisonment, or both, by any court having cognizance of the offence.

§ 11. Whenever the said bridge shall be completed, and its safety for the passage of ordinary teams and carriages tested, and the facts certified by the county judge of Niagara county, or by a justice of the supreme court of the eighth judicial district, not interested, that the said bridge is safe and secure for the passage of such teams and carriages, the said company may erect toll-gates, fix the rate of tolls, and make such erections as the directors may deem expedient to guard the entrances on said bridge. But no greater tolls than the following shall be charged, viz: for every foot passenger entering upon or passing over, twenty-five cents; for every horse and single carriage, fifty cents, and an addition of eighteen and three-fourths

cents for every passenger actually traveling or being conveyed in such carriage, and all other passengers twentyfive cents each; for double carriages and two horses, one dollar, and the same rates for passengers, and twenty-five cents for each additional horse attached to said carriage; for each single horse, ridden or lead, twenty-five cents; för sheep passing, one and a half cents, per head; for swine, two cents each; and for neat cattle, six cents each.

gates.

§ 12. If any person shall force, or attempt to force, any Penalty for of the gates, without having paid the established toll, such forcing person shall forfeit and pay, to said corporation five times the amount of legal toll, to be recovered in the manner aforesaid.

§ 13. If the bridge hereby authorised shall not be built Limitation. within three years, then the said corporation shall thenceforth cease; but the said term of three years shall not commence running until a legal assent from the proper authorities in Canada shall be obtained for the building of the said bridge by the company hereby incorporated, or nntil such Canada company, association, persons or person, as will be required to give effect to the powers herein granted, shall enter into an agreement or contract with the company hereby incorporated, and co-operate in the building of the same.

§ 14. The legislature may at any time amend or repeal this act.

Chap. 134.

AN ACT to amend an act entitled "An act to incorporate the village of Greene," passed April twelfth, eighteen hundred and forty-two.

Passed April 2, 1855, three-fifths being present. The People of the State of New York, represented in Serate and Assembly, do enact as follows:

§1. The trustees of the village of Greene, in the county of Chenango, are hereby authorised to raise by tax in said village, a sum not exceeding six hundred dollars; to be applied to the payment of liabilities incurred for the purchase