Time extended. $6,600,000 may be Chap. 9. AN ACT further to amend "An act to authorize the construction of a railroad from New York to Albany," passed May 12, 1846. Passed February 5, 1850. The People of the State of New York, represented in Senate ond Assembly, do enact as follows: § 1. The time for the constructing, finishing and putting in operation a single track road throughout the line of the Hudson River Railroad Company, as provided by the act incorporating said company, passed May 12th, 1846, and the act amendatory thereof, passed March 20th, 1847, is hereby extended to the fourth day of July in the year one thousand eight hundred and fifty-two. 2. The amount which may be borrowed under the borrowed. eleventh section of the act passed February 10th, 1848, entitled "An act further to amend an act to authorise the construction of a railroad from New York to Albany," passed May 12th, 1846, is hereby extended to six millions of dollars; which section shall have the like effect as if such sum had been originally contained therein, in lieu of three millions of dollars therein mentioned, provided that any security given under this act shall not affect any security already given. Proviso. § 17 Amend. ed. Limitation of stock to §3. The seventeenth section of the said act, passed May 12th, 1846, is hereby amended, by striking out the word "winter" therein, and inserting in lieu thereof the words "December, January, February and March." § 4. The amount of stock which may be (including the $4,000,000. amount already) issued by said company (except in conversion of bonds forming part of the loan authorized by law), is hereby limited to four millions of dollars; and stock to that amount may be issued to comply with engagements to pay interest to stockholders, and for other purposes authorised by the charter, the same to be issued under such regulations as the board of directors may from time to time prescribe. Liability for labor. § 5. The said corporation shall, in all cases of non-payment by the contractors of all sums of money due to laborers for labor actually performed in constructing said road, be liable to pay the same to such laborer, or laborers, as the same shall be due, on ten days notice in writing of the amount due and unpaid, and the person or persons to whom it is due, given to the engineer for the time being of the section on which said labor was performed, and within ten days after the labor for which payment is claimed shall have been performed; but nothing in this section shall be so construed as to make said corporation liable to any person or persons beyond the value of thirty days labor of the person or persons giving said notice for labor performed before the service of said notice in writing; provided, however, that no suit Proviso. shall be maintained against the said company under this section, unless such suit shall be commenced within forty days after the labor for which payment shall be claimed, shall have been performed. § 6. This act shall take effect immediately. Chap. 10. AN ACT to authorize John A. Dix to build a bridge from Passed February 6, 1850, "three-fifths being present." § 1. John A. Dix, of the town of Rye and county of Westchester, his heirs and assigns, are hereby authorized, for his and their private use and benefit, to build a bridge across the gut separating Manursing Island from the main land in the said town, to begin at any point on the land lately purchased by said John A. Dix, of Billa Sheall, east of the present sunken bridge or ford near David Kirby's tide mill, and to end at any point on said Manursing Island within the boundaries of the land lately purchased by said John A. Dix of Thomas Bartram, or at any point on the salt marsh belonging to William Bush, with the consent of said Bush. 2. This act shall take effect immediately. Salary fixed. Account to be rendered. Time ex. tended. Chap. 11. AN ACT to regulate the salary of the district attorney of Passed February 6, 1850, "three-fifths being present." § 1. The district attorney of the county of Saratoga shall § 2. It shall be the duty of said district attorney, within Chap. 12. AN ACT to extend the time for county superintendents of Passed February 6, 1850. § 1. Every person who shall have been elected superintendent of the poor of any county in this state, at the annual election of eighteen hundred and forty-nine, and who shall have neglected to take the oath of office or give the bond, within the time and as required by the act entitled "An act to require superintendents of the poor to give bonds," passed April 12, 1848, may, within thirty days after the passage of Bond to be this act, take the oath of office, and execute and file with the clerk of the county, with sureties to be approved by the county judge of the county, the bond prescribed by said before mentioned act. The county judge who approves such filed. sureties, shall fix the penalty of the bond to be given in such cases. valid. § 2. All official acts of such superintendents, up to the Official acts day of the taking of such oath and the filing of such bond, are hereby declared as valid as if said oath had been taken and said bond filed within the time required by law; and all penalties incurred by any such superintendent, by reason of any such omission, are hereby remitted. Oath and § 3. Any person having been duly elected to the office of bond declar. superintendent of the poor at the said election, and having ed valid. at any time since the said election taken the oath and given the bond required by law, is hereby invested with all the powers and duties of the said office, and such oath and bond are hereby declared as valid as if given within the time. prescribed by said act. ing bond. § 4. Superintendents of the poor, hereafter to be elected, Time of fillmay have until the first day of January next after the election, to take the oath of office and file their official bond. bonds to be § 5. It shall be the duty of the board of supervisors of the Penalty of several counties to fix the penalty of the bonds of superin- fixed by sutendents of the poor, at their next annual session; and the pervisor. sureties may be approved by the county clerk, in the recess of the board of supervisors. § 6. This act shall take effect immediately. Chap. 13. AN ACT for the relief of John Tice, Samuel Shelland, Passed February 15, 1850, "three-fifths being present." judgment to § 1. John Tice, Samuel Shelland, Alfred White, late Amount of commissioners of highways of the town of Seward in the be paid. county of Schoharie, and Peter Hynds, late overseer of highways in said town, shall be paid in manner hereinafter provided, the amount of a judgment recovered against them in the late court of common pleas of the county of Schoharie, by Luther Calkins, on the twenty-ninth day of October, one thousand eight hundred and forty-six, for damages and costs, Costs and expenses. Proviso. Manner of one hundred and twelve dollars and fifty-three cents; and also the amount of costs and expenses incurred by them for attorney, counsel and witness fees, and necessary disbursements in the defence of the suit wherein such judgment was recovered against them, not exceeding one hundred and sixtyfive dollars, with interest on said judgment from the date of its recovery, and upon the amount of such costs and expenses from the time they were paid by them; but no such amount or claim shall be audited or levied upon said town of Seward by the supervisors of the county of Schoharie, unless the inhabitants of said town of Seward shall, by a vote taken at an annual town meeting, determine and decide that such judgment, costs and expenses, ought to be paid by said town, to said John Tice, Samuel Shelland, Alfred White, and Peter Hynds. § 2. Such vote shall be taken in the following manner : taking vote. The justices of the peace holding such election, shall cause two columns to be prepared opposite the electors' names upon the poll-list kept at such election; such columns to be headed, the one" Yes," the other "No;" and the several electors voting, shall vote viva voce "Yes," or "No," upon the question proposed in the first section of this act. And the clerks of the board shall keep an account of such voters, by marking in the column opposite the elector's name, the heading of which shall correspond with such vote; and if a majority of all the electors voting, in manner aforesaid, shall vote "Yes," then the aforesaid claim and account shall be audited by the board of town auditors of the town of Seward, and the amount allowed shall be included in the next annual tax to be levied and raised upon the town, in the same manner as other town charges are directed to be levied and raised; and when collected, the same shall be paid to said John Tice, Samuel Shelland, Alfred White, and Peter Hynds. Tax, how collected. §3. This act shall take effect immediately. |