a record.

physicians and professional midwives to keep a registry of the several births in which they have assisted professionally, which shall contain, as near as the same can be ascertained, the time of such birth, name, sex and color of the child, the names and residence of the parents, and to report the same, on or before the first Monday of each and every month, to the city inspector of the city of New-York; and physicians who have attended deceased persons in their last illness shall, in the certificate of the decease of such person, specify, as near as the same can be ascertained, the name and surname, age, occupation, term of residence in said city, place of nativity, condition in life; whether single, married, widow or widower; color, last place of residence, and the direct and indirect cause of death of such deceased person; and the coroners of the city and county of New-York, in such cases. as an inquest may have been held, shall in their certificates conform to the requirements of this section of this act.

City inspec- $2. The city inspector of the city of New-York shall tor of NewYork to keep keep a record of the births, marriages and deaths reported to him; the births shall be numbered and recorded in the order in which they are received by the recording officer; and the record of births shall state, in separate columns, the place and date of birth, the name, sex and color of the child, the names and residences of the parents, as fully as he has received the same, and the time when the record was made. The marriages shall be numbered and recorded in the order in which they are received by the recording officer, and the record thereof shall state, in separate columns, the date of marriage, name, residence and official station, if any, of the person by whom married, the names and surnames of the parties, age, the color and condition of each; whether single or widowed; and the time when the record was made. The deaths shall be likewise numbered; and recorded and the record thereof shall state, in separate columns, as far as the same is reported, the date of decease, name and surname, condition; whether single, married or widowed; age, place of birth, place of death, occupation, names of the parents, when an infant without name, disease, direct or indirect cause of death, color, and last place of residence of such deceased person, and the time when the record was made.

Report to be made to sec

retary of

state.

$3. It shall be the duty of the city inspector of the city of New-York, on the third Monday in each month, to transmit an abstract of his registry of marriages, births

and deaths for the month next preceding, duly certified, to the secretary of state.

tion of city

S4. The city inspector of the city of New-York, for his Compensaservices as required by this act, shall be entitled to receive inspector. such fees for recording each birth, marriage or death, as the board of supervisors of the city of New-York may establish; the fees for recording of births being payable by the board of supervisors, and the recording of marriages by the person reporting the same, it being provided that the fee for recording each birth or marriage shall not exceed the sum of ten cents.

Secretary of nish inspec

state to fur

S5. Every clergyman, magistrate or other person solemn Fees. izing a marriage, and reporting the same in accordance with this act, shall be entitled to demand and receive for the same from the parties, the sum of at least one dollar, out of which he shall pay the fee for recording such marriage. $6. The secretary of state shall prepare and furnish to the city inspector of the city of New-York, blank forms of returns, as herein before specified, and shall accompany the same with such instructions and explanations as may be necessary and useful, and he shall receive the said returns and prepare from them such tabular results, with remarks thereon, as will render them of practical utility, and shall make a report thereof annually to the Legislature.

$7. Every person who shall neglect or refuse to comply with or violate the provisions of this act, shall forfeit and pay for each offence the sum of fifty dollars, to be sued for and recovered in the name of the mayor, aldermen and commonalty of the city of New-York, and the penalty when recovered shall be paid over, one-half thereof to the corporation of the city of New-York, and one-half to the party making complaint thereof.

tor with forms.

Penalty for

not comply

ing with the

directions of this act.

58. All such parts of the act entitled "An act providing Repeal. for the registry of births, marriages and deaths," passed April 28, 1847, as relates to the city of New-York, conflicting or inconsistent with the provisions of this act, is hereby repealed.

$9. This act shall take effect on the first day of July next, before which time the secretary of state shall cause a copy of the same to be officially published in at least one of the papers published in the city of New-York, with a notice to all magistrates, clergymen, physicians and other persons interested, of the time when it will become a law.

Act to take

effect 1st

July, 1853.

Companies to consolidate.

Agreement to consoli

Chap. 76.

AN ACT to authorize the consolidation of certain railroad companies.

Passed April 2, 1853.

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

$1. The Albany and Schenectady, Schenectady and Troy, Utica and Schenectady, Syracuse and Utica, Rochester and Syracuse, the Buffalo and Lockport, the Mohawk Valley, and the Syracuse and Utica direct, Buffalo and Rochester, Rochester, Lockport and Niagara Falls Railroad Companies, or any two or more of them, are hereby authorized at any time to consolidate such companies into a single corporation, in the manner following:

1. The directors of any two or more of such corporations may enter into an agreement, under their respective entered into corporate seals, for the consolidation of the said corpora

date may be

by directors.

Agreement to be submitted to the

tions, prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the new corporation, the number of directors thereof, which shall not be less than thirteen nor more than twenty-three, the time and place of holding the first elections of directors, the day for annual elections of directors, the amount of capital, and the number of shares of the stock of the new corporations, which shall not be larger in amount than the aggregate amount of capital of the several companies thus consolidated, and shall not be increased, except in accordance with the provisions of the act passed April second, eighteen hundred and fifty, the manner of converting the shares of capital stock in each of said corporations into the shares of such new corporation, the manner of paying any shareholder that may decline taking shares in the new corporation, with such other details as they may deem necessary to embrace in such agreement, not inconsistent with the provisions of the act entitled "An act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty.

2. Such agreement of the directors shall not be deemed to be the agreement of the said corporations so proposing stockholders. to consolidate, until after it has been submitted to the stock

holders of each of said corporations respectively separately, at a meeting thereof to be called upon a notice of at least thirty days, specifying the time and place of such meeting and the object thereof, to be addressed to each of such stockholders, when their place of residence is known to the secretary, and deposited in the post-office, and published for at least three successive weeks in the state paper, and in one of the newspapers printed in each of the counties through or into which the railroad of the said corporation shall extend, and has been sanctioned and approved by such stockholders by the vote of at least two-thirds in amount of the stockholders present at such meetings respectively, voting by ballot in regard to such agreement either in person or by proxy, each share of such capital stock being entitled to one vote; and when such agreement of the directors has been sanctioned and approved by each of the meetings of the respective stockholders separately, after being submitted to such meetings in the manner above mentioned, then such agreement of the directors shall be deemed to be the agreement of the said several corporations, and a sworn copy of the proceedings of such meetings, made by the secretaries thereof respectively, and attached to the said agreement, shall be evidence of the holding and of the action of such meetings in the premises.

2. Upon the making the said agreement mentioned in the preceding section in the manner required therein, and filing a duplicate or counterpart thereof in the office of the secretary of state, and immediately upon and after the first election of directors of said corporation, the said corporation 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 act entitled "An act to authorize the formation of railroad companies and to regulate the same," passed April second, eighteen hundred and fifty, or be exempt from the performance of any duty which the said several corporations may be liable to perform, except as herein provided.

$3. Such new corporation shall possess the general powers, and 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; it shall also have the

When corpobe merged in new cor

rations shall

poration.

General

powers of new corpo

ration.

Transfer of property &c.

to new cor

poration.

Rights of

to be impaired.

general powers and privileges, and be subjected to the general liabilities, restrictions, duties and provisions expressed and contained in the said act entitled "An act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty, and the acts amending the same, so far as the same are applicable to a railroad corporation, where a railroad is constructed and put in operation.

$4. Upon the election of the first board of directors of the said new corporation created by the agreement of the several companies, all and singular the rights, franchises and interests of the said several corporations so consolidated, in and to every species of property, real, personal and mixed, and things in action thereunto belonging, shall be deemed to be transferred to and vested in such new corporation, without any other deed or transfer; and such new corporation shall hold and enjoy the same, together with the rights of way, and all other 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 anything relating thereto.

$5. The rights of creditors of any corporations that creditors not shall be consolidated, shall not in any manner be impaired by any act of consolidation, nor shall any liability or obligation for the payment of any money now due or hereafter to become due to this state, or any individual, or any claim or demand for damages for any act done, or neglect suffered by any such corporation, 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 the debts and liabilities of each of the corporations that shall be so consolidated, whether on contract, or for misconduct or neglect, either to this state or to Corporations individuals, and it shall be liable to have an action brought against it to enforce the payment of any money or damages, or the performance of any duty which any corporation consolidated into such new corporation was liable to pay or perform, in the same manner as if such new corporation had itself incurred the obligation or liability to pay such money or damages, or perform such duty; and no suit, action or other proceeding now pending before any court or tribunal

consolida

tory liable for their debts.