Imagens das páginas
PDF
ePub

company.

corporations agreed to be consolidated shall be merged in the new corporation provided for in the said agreement, to be known by the corporate name therein mentioned, and the details of such agreement shall be carried into effect, as provided therein, only such new corporation shall not have any larger powers than are granted by the said act mentioned in the first section hereof, and the acts amending and extending the same, nor be exempt from the performance of any duty which the said several corporations may be liable to perform. 34. Such new company shall possess the general powers and Powers of be subject to the general liabilities and restrictions expressed in the third title of the eighteenth chapter of the first part of the Revised Statutes, and to all the liabilities and restrictions to which either of the companies from which it has been formed was subject. It shall also have the general powers and privileges, and be subject to the general liabilities, restrictions, duties and provisions expressed and contained in the said act entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes," passed February seventeenth, eighteen hundred and forty-eight, and the acts amending or extending the same, so far as the same may be applicable to a corporation organized for the purposes expressed in the said agreement for consolidation, and for which said new company shall have been organized.

franchises,

belong to

$5. Upon the consolidation of said corporations and the Rights. organization of said new company, as herein before prescribed, etc., to all and singular the rights, franchises and interests of the said the new several corporations so consolidated in and to every species corporation of property, real, personal and mixed, and things in action thereunto belonging, shall be deemed to be tranferred to and vested in such new corporation, without any other deed or transfer; and such new corporation shall hold and enjoy the same, and all rights of property, franchises and interests, in the same manner and to the same extent as if the said several corporations so consolidated should have continued to retain the title and transact the business of such corporations, and the title and real estate acquired by either of the said corporations shall not be deemed to revert or be impaired by means of such act of consolidation or any thing relating thereto.

creditors

impaired by

dation.

$6. The rights of creditors of any corporations that shall Rights of be so consolidated shall not in any manner be impaired by not to be any act of consolidation, nor shall any liability or obligation the consol for the payment of any money now due or hereafter to become due to any person or persons, or any claim or demand in any manner or for any cause existing against any such corporation, or against any stockholder thereof, be in any manner released or impaired; but such new corporation is declared to succeed to such obligations and liabilities, and to be held liable to pay and discharge all such debts and liabilities of

each of the corporations that shall be so consolidated, in the same manner as if such new corporation had itself incurred the obligation or liability to pay such debt or damages; and the stockholders of the respective corporations so entering into such consolidation shall continue subject to all the liabilities, claims and demands existing against them as such at or before such consolidation; and no suit, action or other proceeding then pending before any court or tribunal in which any corporation that may be so consolidated is a party, or in which any such stockholder is a party, shall be deemed to have abated or discontinued by reason of any such consolidation, but the same may be prosecuted to final judgment in the same manner as if the said corporations had not entered into the said agreement of consolidation; or the said new corporation may be substituted as a party in the place of any corporation so consolidated as aforesaid with any other corporation or corporations and forming such new corporation, by order of the court in which such action, suit or proceeding may be pending.

$ 7. No companies consolidated under this act shall be permitted to prosecute or carry on more than one kind of business authorized by the said act passed February seventeenth, eighteen hundred and forty-eight.

$8. This act shall take effect immediately.
Ante, vol. 3, p. 733

Governor

CHAP. 969.

AN ACT in relation to the inspection of steam boilers in the State of New York, except in the Metropolitan Police District.

PASSED June 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The governor of the state of New York shall, inspector within sixty days from the passage of this act, and hereafter in-chief and as necessity may require, appoint a suitable person who shall engineer to be inspector-in-chief, and one suitable person, who shall be a

practical

inspect

steam boilers.

Report of owners of steam

practical engineer, in each congressional district as deputy inspector for such district, whose duty it shall be to inspect steam boilers in such congressional district, as hereinafter specified and directed. Such inspector-in-chief and deputy inspector shall hold office two years from the date of appointment, unless sooner removed.

$ 2. Every owner of a steam boiler or boilers in use in any of the said congressional districts of the state shall annually, boilers: the and at such convenient times and in such manner and form of the same as may by rules and regulations to be made therefor by the

inspection

inspector-in-chief, report to the deputy inspector for any congressional district in which such boiler or boilers are situated, the location of such steam boiler or boilers, and thereupon, and as soon thereafter as may be practicable, the said deputy inspector shall proceed to inspect such steam boiler or boilers and all apparatus and appliances connected therewith, and the strength and security of each boiler shall be tested by hydrostatic pressure; and every boiler or boilers so tested shall have, under the control of the inspector-in-chief, such attachments, apparatus and appliances as may be necessary for the limitation of pressure, locked and secured in like manner as now in practical use by the United States inspectors of steam boilers, according to act of congress, July twentyfifth, eighteen hundred and sixty-six; the said deputy inspector shall limit the pressure of steam to be applied to or upon such boiler, and such deputy inspector shall certify each inspection and such limit of pressure to the owner of the boiler inspected, and also to the engineer in charge of the same, and no greater amount of steam pressure than that certified in the case of any boiler shall be applied thereto. In limiting the amount of pressure, wherever the boiler under test will with safety bear the same, the limit desired by the owner of the boiler shall be the one certified.

be given of

inspection

report to be

fine.

3. It shall be the duty of the said deputy inspectors, or Notice to any of them, on receiving any such report as aforesaid from time of the owner of any boiler or boilers, to notify such owner of the time when he will inspect such boiler or boilers, as hereinbefore specified, and it shall be the duty of any such owner to have such boiler or boilers ready for inspection on the day and at the time specified in such notice. In case the owner Failure to of any such boiler or boilers shall fail to report the location of followed by such steam boiler or boilers to the deputy inspector as aforesaid, he shall be liable to pay fifty dollars; and in case the owner of any such boiler or boilers shall fail to have the same ready for inspection as aforesaid, he shall be liable to pay the fees and expenses of the said inspector incurred in the inspection of any such boiler, and five dollars in addition thereto. Such fees, expenses and penalty in such case may be sued for and recovered by and in the name of the said inspector-in-chief, for the benefit of the county in which such boiler or boilers may be situated.

deputy

$4. Each deputy inspector shall make, in proper form, a Report of correct statement of all inspections of steam boilers made by inspector. him and by any board of examiners as hereinafter provided, and the amount of steam or pressure allowed in each case, and report the same within thirty days after any such inspection or examination to the said inspector-in-chief. In cases where any steam boiler, or the apparatus or appliances connected therewith, shall be deemed by such deputy inspector upon such inspection as aforesaid to be insecure or dangerous,

examiners.

Board of the said deputy inspector shall, as soon as convenient, confer with two practical engineers, who, with such deputy inspector, shall constitute a board of examiners, whose duty it shall be forthwith to further examine such boiler or boilers; and any two of such board shall prescribe such changes and alterations as may render such boilers, apparatus and appliances, secure and devoid of danger; and in the meantime, and until such changes and alterations are made and such appliances attached, the owner of such boiler or boilers, on notice to that effect, which shall be given at once by such deputy inspector, shall be prohibited and prevented from using the said boiler or boilers, under a penalty of fifty dollars for each day's use of such boiler or boilers, which penalty shall be sued for and recovered in the same manner as the penalty imposed by the third section of this act. The said board of examiners shall each be entitled to receive three dollars for each day or part of a day that they are engaged in making any examination of a boiler as aforesaid, and their actual expenses while so engaged.

Fees of

deputy

$5. Each deputy inspector shall receive for every inspecinspector. tion of a boiler according to the provisions of this act, the sum of four dollars and his actual expenses attending such inspection; and such sums, and the compensation and expenses of any board of examiners convened by a deputy inspector as herein before provided, shall be a charge upon the county in which the boiler inspected or examined shall be situated, and shall be audited and paid by the county in the same manner that other county salaries and expenses are paid.

Appeal

from

$6. Any owner of a boiler or boilers who shall consider decision of himself aggrieved by the action of any inspector or of any examiners. board of examiners under the provisions of this act may,

Duty of inspector in-chief.

within thirty days after any such inspection or examination as aforesaid, appeal from the decision of such examiners to the said inspector-in-chief, who, in his discretion, after au examination of the appeal and report of the deputy inspector in any such case, may order a further inspection and examination, the expense thereof to be borne by the owner of any such boiler or boilers.

$7. It shall be the duty of the inspector-in-chief to make and prescribe rules and regulations which shall govern deputy inspectors in the inspection and examination of steam boilers. To furnish each deputy inspector with the forms or blank certificates of inspection, together with the necessary apparatus and appliances for testing and examining steam boilers, at the expense of the state. To keep a correct record of all inspections of steam boilers and of the amount of steam or pressure allowed in each case reported to him by any deputy inspector, which record shall be the property of the state, and shall annually be filed in the office of the secretary of state. The

said inspector-in-chief shall receive annually, from the state a salary of two thousand dollars, which shall be paid by the comptroller of the state in the same manner that other state salaries are paid. The expense of furnishing apparatus and appliances for the purpose of inspecting steam boilers as hereinbefore prescribed, shall be borne by the state, and paid in the same manner that other state charges and expenses are paid. No bill for any such expenses or charges shall be paid, however, unless the same be certified by the inspector-in-chief to be correct.

$8. All fines, expenses and penalties incurred and recovered under this act, which are recoverable by or in the name of the said inspector-in-chief, under this act, shall be paid into the treasury of the county in which the same may have been incurred.

39. This act shall not apply to the metropolitan police district.

of inspec

boilers.

using

amount of

specified in

$10. It shall be the duty of said deputy inspectors, on the Certificate inspection of any boiler or boilers, to deliver to the owner or tion. owners of the same a certificate of inspection, stating the condition of said boiler or boilers, as in the second section herein provided; and if any of said deputy inspectors shall deliver or cause to be delivered to the owner or owners Penalty for of any boiler or boilers so to be inspected a certificate of b inspection, without having first subjected the said boiler or boilers to the mechanical tests as herein before provided, he shall be liable to a penalty of five hundred dollars for every such act, to be sued for and recovered in the same manner as the penalty imposed by the third section of this act. And it is further provided that if any owner or owners of any boiler Penalty for or boilers so inspected shall thereafter use, or allow to be used greater therein, an amount of steam greater than is specified in said steam than certificate of inspection, he or they shall be liable to a penalty certificate. of one thousand dollars, to be sued for and recovered in the same manner as the penalty imposed by the third section of this act. And it is further provided that the said certificate of inspection shall be placed and kept in some conspicuous place on the premises where the boiler referred to by said certificate is used. And it is further provided that every owner or owners of a steam boiler or boilers shall cause to be attached thereto a low-water indicator, to connect with a steam whistle, said low-water indicator to be of such construction as to be approved by the inspector-in-chief. In case the owner or owners of any such boiler or boilers shall fail to attach or cause to be attached said low-water indicator, he or they shall be liable to a penalty of five hundred dollars, to be sued for and recovered in the same manner as the penalty imposed by the third section of this act.

$11. This act shall take effect immediately.

« AnteriorContinuar »