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als, or deposit in some solvent bank or banking institution, at the best rate of interest they may be able to obtain (not exceeding seven per cent), all moneys that shall come into their hands by virtue of their office, and not needed for current liabilities, and all interest or earnings accruing from such loans or deposits shall be credited to their respective towns, cities or villages, and accounted for in their annual settlements with the said boards of auditors.
§ 2. It shall be the duty of the several boards of town auditors, or any auditing board in the cities or villages of this state, before whom such bonds or coupons thereof may be presented in pursuance of section one of this act, to cancel the same, by cutting out a portion of each bond or coupon so presented, in such manner as to effectually prevent the repayment of the same.
§ 3. All bonds and coupons so presented and canceled shall be deposited, for safe-keeping and future reference, in the office of the clerk of the county in which such towns, cities or villages are respectively situated, and said boards of town auditors or auditing boards in any city or village shall prepare and sign a certificate showing a full description of all bonds or coupons so canceled and deposited by them, and shall file said certificate in the office of the clerk of their respective towns and villages, and in cities in the office of the city.
§ 4. This act shall take effect immediately.
Chap. 560. AN AOT to amend an act entitled "An act to authorize the form
ation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty.
PASSED April 19, 1871. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. The twenty-second section of an act entitled "An act to authorize the formation of railroad corporations and to regulate the same,” passed April second, eighteen hundred and fifty, is hereby amended so as to read as follows:
22. Every company formed under this act, before constructing any part of their road into or through any county named in their articles of association, shall make a map and profile of the route intended to be adopted by such company in such county, which shall be certified by the president and engineer of the company, or a majority of the directors, and filed in the office of the clerk of the county in which the road is to be made, or in the office of the register in counties where there is a register's office. The company shall give written notice to all actual occupants of the land over which the route of the
road is so designated, and which has not been purchased by or given to the company, of the time and place such map and profile were filed, and that the route designated thereby passes over the land of such occu
drenge pant. Any occupant or owner of land over w
ch such route passes, feeling aggrieved by the proposed location, may, within fifteen days after receiving written notice, as aforesaid, give ten days' notice, in
new writing, to such company and to the owners or occupants of lands, to new be affected by any proposed alteration, of the time and place of an application to a justice of the Supreme Court, in the judicial district where said lands are situated, by petition duly verified, for the appointment of commissioners to examine the said route. Such petition shall set forth the petitioners' objections to the route designated by the company, shall designate the route to which it is proposed to alter the same, and shall be accompanied by a survey, map and profile of the route, as designated by the company, and of the proposed alteration thereof, copies of which petition, map, survey and profile shall be served upon the company and said owners or occupants, with the notice of the application. If the said justice shall consider sufficient cause therefor to exist, he may, after hearing such parties as shall appear, appoint three disinterested persons, one of whom must be a practical civil engineer, commissioners to examine the route proposed by the company, and the route to which it is proposed to alter the same, and, after hearing the parties, to affirm the route originally designated, or adopt the proposed alteration thereof, as may be consistent with the just rights of all parties and the public, including the owners or occupants of lands upon the proposed alteration; but no alteration of the route shall be made except by the concurrence of the commissioner who is a practical civil engineer, nor shall an alteration be made which shall cause greater damage or injury to lands, or materially greater length of road, than the route designated by the company would cause, nor which shall substantially change the general line adopted by the company. The determination of the commissioners shall, within thirty days after their appointment, be made and certified by them, and the certificate, with the petition, map, survey and profile, and any testimony taken before them, be filed in the office offthe register of the 1610 county, in counties where there is a register, otherwise in that of the county clerk. Within twenty days after the filing of such certificate any party may, by notice in writing to the others, appeal to the Supreme Court from the decision of the commissioners, which appeal shall be heard and decided at the next general term of the court hela luce in any judicial district in which the lands of the petitioners or any of them are situated, for which the same can be noticed according to the rules and practice of said court. On the hearing of such appeal the court may affirm the route proposed by the company, or may adopt
that proposed by the petitioner. Said commissioners shall each be entitled to three dollars per day for their expenses and services, to be paid by the person who applied for their appointment; and if the route of the road as designated by the company is altered by the commissioners, and their decision is affirmed on appeal (if an appeal be taken), the company shall refund to the applicant the amount so paid.
§ 2. Whenever any railroad company shall have tocated its road so as to terminate at any railroad previously constructed or located, whereby communication might be had with any incorporated city of this State, and any other railroad company shall subsequently locate its road so as to intersect the road of said first-mentioned company, and thereby, by itself or its connections, afford communication with such city, then and in such case said first-mentioned company may alter and amend its articles of association so as to have its road terminate at the point of intersection with said road so subsequently located, provided the consent of the stockholders representing or owning twothirds of the stock of said company shall have been first obtained thereto.
§ 3. Whenever in said act any map, survey, profile, report, certificate or other
paper is directed to be filed or recorded in the office of the county clerk, the same shall be filed or recorded in the office of the register of the county, provided there be a register's office in said county; and all maps, profiles, surveys, reports, certificates or other papers which have, pursuant to the provisions of said act, been heretofore filed or recorded in the office of the clerk of any county in which there is a register, shall be, within thirty days after the passage of this act, transferred to the office of such register, and shall be by him refiled or recorded as of the date of the original filing or record.
§ 4. Section forty-one of an act entitled “An act to authorize the formation of railroad companies and to regulate the same," passed April second, eighteen hundred and fifty, is hereby amended so as to read as follows:
§ 41. If any person employed or who shall be employed upon the railroad of any such corporation as engineer, conductor, baggage-master, brakeman, switchman, fireman, bridge-tender, flagman, signalman, or having charge of the regulating or running of trains upon said railroad in any manner whatsoever, be intoxicated while engaged in the discharge of such duties, he shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punishable for each offense by a fine not exceeding one hundred dollars, or by imprisonment in a county jail for a term not exceeding six months, in the discretion of the court having cognizance of the offense. And if any person so employed as aforesaid by any such corporation shall, by reason of such intoxication, do any act or neglect any duty, which act or neglect shall
cause the death or injury to any person or persons, he shall, upon conviction thereof, be punishable by imprisonment in the county jail for a term of not less than six months, or in the State prison for a term not exceeding five years, in the discretion of the court having cognizance of the offense.
§ 5. Corporations may be formed under the act entitled "An act to authorize the formation of railroad corporations and to regulate the same,” passed April second, eighteen hundred and fifty, for the purpose of constructing and operating railroads for public use in transporting persons and property of the gauge of three feet and six inches or less, but not less than thirty inches between the rails, whenever capital stock of said corporation to the amount of five thousand dollars for every mile of such railroad proposed to be constructed and operated has been in good faith subscribed ; and whenever five thousand dollars or more for every mile of such railroad proposed to be constructed shall be in like manner subscribed, and ten per cent thereon in good faith actually paid in cash to the directors named in the articles of association, and an affidavit made by at least three of said directors, and indorsed on or annexed to said articles, that the amount of stock hereby required has been so subscribed as aforesaid, and ten per cent thereon paid as aforesaid, and that it is intended in good faith to construct and operate such railroad, then said articles, with such affidavit, may be filed and recorded in the office of Secretary of State; provided said articles contain all the other facts required by law to be stated in articles of association made for organizing railroad corporations, under 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 all of the provisions of said last-mentioned act shall apply to corporations formed for the construction and operating of railroads of the gauge herein above mentioned, except as herein provided or otherwise provided by law.
§ 6. Any railroad company duly organized according to law, when the gauge of its proposed railroad shall be three feet and six inches or less, but not less than thirty inches, within the rails, may, whenever six thousand dollars for every mile of its railroad proposed to be constructed in this State is in good faith subscribed toward its capital stock, and ten per cent thereon paid in good faith in cash, apply to the Supreme Court in the manner provided by law for the appointment of commissioners, and all subsequent proceedings may be had to obtain the title to lands necessary for the construction and maintenance and operating said railroad, to the same extent and in the same manner as if the whole amount of the capital stock specified in its articles of association was in like manner subscribed, and ten per cent thereof in like manner paid in cash, and may lay upon
such road iron of a weight not less than forty pounds to the lineal yard, and may use in switches and turn-outs iron of not less than thirty pounds to the lineal yard.
8 7. Any railroad corporation, now duly organized and legally kept in existence, which has not constructed its railroad, may construct a railroad of the gauge hereinbefore mentioned, and may acquire title to lands necessary for the construction, maintenance and operating of such railroad, on complying with the provisions of this act, and of all other provisions of law not inconsistent herewith.
8 8. This act shall take effect immediately.
Chap. 669. AN AOT to amend an act entitled "An act to authorize the forma
tion of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty.
PASSED April 21, 1871. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. The twenty-seventh section of an act entitled “An act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty, is hereby amended so as to read as follows:
§ 27. No company formed under this act shall lay down or use in the construction of their road any iron rail of less weight than fiftysix pounds to the lineal yard on grades of one hundred and ten feet to the mile or under, and not less than seventy pounds to the lineal yard on grades of over one hundred and ten feet to the mile, except for turn-outs, sidings and switches, provided this section shall apply only to roads now being constructed or hereafter to be constructed, when the gauge of said road exceeds four feet or over.
§ 2. Section twelve of chapter one hundred and forty of the laws of eighteen hundred and fifty is hereby amended so as to read as follows:
$ 12. As often as any contractor for the construction of any part of a railroad, which is in progress of construction, shall be indebted to any laborer for thirty or any less number of days' labor performed in constructing said road, such laborer may give notice of said indebtedness to said company in the manner herein provided; and said company shall thereupon become liable to pay such laborer the amount so due him for such labor, and an action may be maintained against said company therefor. Such notice shall be given by said laborer to said company within twenty days after the performance of the number of days' labor for which the claim is made. Such notice shall be in writing, and shall state the months and particular days of the month