New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-08


ness he fully and freely open at the office OF sSa
Company TO the examination OF an the Sn NAV he
and or their respective agents or attorneNh WIZ
by them authorized to make such examination on ,
behalf respectively. Aud 1t shall De tse auy said
Company respectively at all such times. TO nave am
keep such books open To such examination Ny o..
as shall apply therefor and 10 allow them 10 respectively
all reasonable facilities for such ehani"ovt AIMED in
books and In case Of refusal or neglect OF
President Secretary to perform tne aeS marty ag
upon them respectively by this section tns hc en-
gfeyed thereby or his agent attorney sh to any
titled 70 SUMMARY relief by nj nay he entitled pro
vided however that this section shall 30, app; mr.
s%Sh books sGS o GsEG sdeon %l J" t'
SEC. 4. The transfer books OF sau thc srcond Mon
az ne next at the close the usual hours Of o1
ness on that day. aud shall remain c,Us econs se.on
and 81 snrb election no person shall he entitled 10 ''
upon any stock either ~ person or ranscr booss Of
said Company on the day above fixed for the closing o
From the time of the passing OF this act until The sec
ond Monday of June next, inclusive, thc saln .ump,
Of NcwYorh. and during the whole 81 Siid %', d,s
hours of trausaciing business aIt ~, er
nit all persons holding IFS stock cef'lh'ats MN "i
mower of attorney for the transfer oi the StCck repre-
sented thereby. executed 10y the person III WHO'S nnno
such stock stands registered ts books VINO III person
or ny agent attorney. shall present such stock cert
cato and power Of attorney a me Snoo "a mn nh
stock. to transfer such stock npon sald Soii ,p
nFs hooks, in accordance WIN tne Cpmnauv
shall tbercmron Issue and deliver TO snch person
ar mia AGENT or attorney so presenting such
& for trfcr lis new stock certificate certificates
in the proper and customary FORM IN the name oi suc
transf'ree for such stock thus transferred which new
stock certificates shall correspond In the number OF
shares represented thereby respectively WIN the on
ccricates i'm place whereof they shall be issued IL the
person Ia whom such stock certificates are 10 be de-
hvercd as aforesaid, his agent or attorney shal SO
request and such certificates shall he delivered py
sand Company 20 person entitled thereto as aforesaid
his agent attorney, without any uhrt'uohaolc vi
unnecessary delay. and at all events, within three GAYS
after the surrender of the old certificate ana the making
OF the transfer the books and such new cerncates
he ready for delivery simultaneously WIN tho sur
render of the old certificate ana the transfer Oh the soeh
the Company snail, simultaneously with snch surrehIef
and transfer, give, upon request 10 Ine peIson t
such certificate or his agent or attorney IeCetpt
eXsGnied on S oeha ap ny 1t fST the
\ purpose. evdencing the right OF such person 10
receive such certificate as soon as II can ne aae
ont No Of said Company which during
the period above specified in TINS section Tor 1ns "a @
Company for transfer aforesaid shall be seized or
subjected to the operation Of any injunction or receiver
Ship of any other legal process or proceeding Unless
be execution other process founned upon Iegu
lar final judgment against the owner OF uch sock nor
shall the stock thereby scnod, or any ne" STOCK
certificate he issued therefor as aforesaid be seized
subjected TO the operation fanny Injunction or receiy
ership. other legal process or proceeding unless ~ ne
an execution other process founded upon regular
fua Judgment against the owner OF such stock; pro
vi,led however that this exemption from liability TO
seizure interference by means OF inlucton receiver
ship. other legal aforesaid shall cease atr
the expiration OF 6ve days from the time when such new
stock certificate shall have been actually delivered 6y
said Company the person thereto entitled AS aforesaid
In case OF neglect or refusal on the part o tne sad
transfer Of stock TO issue and
deliver any new stock certificate, lawfully required OF IT
In vrtHe Of the preceding provisions Of tins section or 10
latng thereto the party thereby aggneved IN ADDITION
any other legal remedies To which he be entitled
, such acts by said Company 10y mandaInus; and any
applications to the court in the course OF such
proceedings tor mandamus, shall be entitled 10 the like
preference hearing accorded IN criminal cases
And is hereby maize the special duty and obligation
az The President said Company to 10 the due
! performance of the obligations imposed upon the said
Company by this section in respect of the permission OF
! fprso If "A
Gates IN place thereof and If he shall, by wul wrong.
refuse or neglect perform any such duties, with the
intent thereby wrougly to deprive party entitled
thereto opportunity of transferring stock OF OBJ
tanng certificate therefor, intended TO be So
cured 10 such party by the provisions OF TINS section lies
shall be personally liable % sucb aggreved party for
penalty.c s. for each share OF stock ~ respect OF e
transfer Of which, or issuing OF new Geltlhcate ior
which he shall he guilty 81 such Wllfui Wpons WIN
such intent as Aforesaid which penalty may ne sueu ior
| and recovered from him by such asSrievcd prrty.
to enact; or MAINTAIN or keep force any bylaw reg
forhddng the transfer of OF rs stock upon
oc =" cases Of change in the beneaciai ownership
thereof or forbddng transfers Others
the beneficial and no such bylaw or regulation
transfer OF any OF liz stock which would lie otherwise
legally permissible 10 the party or parties hodDg OF en-
titled to such STOCK
| SIC g. It shall not be lawful a any election for d.
rectors the said Company for person or pc ros to
ING In his her or their name the boOks OF sand tnu
pany, case he She, OF they has or have Parl'" 90
his her. their interest n such stock, and no Ion
or have possession control of the stock Certificate
therefor when his her OF their vote thereon j. o req
10 be cast tins provision shall not be construed TO
prevent any person persons having stock standing IN
bis their which Is held by him orthem a. trustee
or agent and Tor Wlcn nc or they uVus Vl hou to9r
the stock certificate from voting thereon ~ per
by proxy. The inspectors shall be emitted 10 eA
anime upon oath person Offering u vote upon any
any such election either rs principal or aor
new respect OF the existence within his knowledge o
any circumstances disqualfyng the stock FROM being
voted by him, i'll virtue OF the foregoing provision OF
flctory shown inspectors. either 10y such cxam
otherwise the vote shall be rejected ANY per
nsh. will
non above authorized shall be deemed guilty OF perjury
and shall lie subject to the punishment prescribed by
Law for perjury III judicial proceedings.
II in any legal proceeding properly Instituted for
the said Company shall appear to the Court that any
vote given at such election for any candidate WHO may
have been declared by the inspectors to have been
elected thereat was violation of the provisions
Of this section, whether such vote WAS challenged at t
election or not. Illegally shall in the
adjudication upon such proceeding be treated a nail
and void and such result OF the said election shall be
declared and established III such proceeding AS shall
appear to the upon the exclusion OF ali
such votes cast in violation of the section.
SEC Z. The Superior Court OF the city OF Newi0fk
aud the Court of Common Pleas for the city and County
OF NewYork shall respectively have the like jurisdiction
establishing election OF directors OF the said Com
pany law possessed by the supreme Court, and
may make any orders IN proceedings instituted III such
conrts respectively for such purpose when might he
| made by the Supreme Court.
SIC s. II shall not lawful for any person persons
TO grant any proxy power of attorney Tor voting upon
her or their nau,e or names Oh the books
pany, where he She 81 they shall have parted witt his,
control of the stock certificate there
for at tine time OF granting such PROXY or power pro
vJded always that his provision shall not prevent any
person persons In whose name stock shall stand which
r held Icy hun them trustee agent and for which
they holds hold posse sson al the stock certi-
cate. from granting proxy for voting thereon. Any
person VINO shall grant proxy in violation Of the fore
going provision Of tbIs section and any person who a.
principal proxy shall knowingly VOTE or oher to vote,
iuon any Of stock said Company, in violation
Of the OF The foregoing sixth section of this
act snail forfeit and pay penalty Of IS for each share
proxy vote Oer {" vote in violation of tins act,