PASSED AT THE 134TH REGULAR SESSION OF THE LEGISLATURE, BEGUN 1 VOLUME II. Chap. 418. AN ACT to amend the railroad law, in relation to the condemna- Became a law June 23, 1911, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate ch. 481, amended Section 1. Section one hundred and seventy of chapter four L. 1910, hundred and eighty-one of the laws of nineteen hundred and ten, $170 entitled "An act in relation to railroads, constituting chapter forty-nine of the consolidated laws," is hereby amended to read as follows: 170. Street surface railroads; general provisions. The provisions of this article shall apply to every corporation which, under the provisions thereof, or of any other law, has constructed or shall construct or operate, or has been or shall be organized to construct or operate, a street surface railroad, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons and property for compensation, upon and along any street, avenue, road, highway, or private property, in any city, town or village, or in any two or more civil divisions of the state, and every such corporation must comply with the provisions of this article. Any street surface railroad corporation, at any time proposing to extend its road or to construct branches thereof, may, from time to time, make and file in each of the offices in which its certificate of incorporation is filed, a statement of the name and description of the streets, roads, avenues, highways and private property in or upon which it is proposed to construct, maintain or operate such extensions or branches. Upon filing any such statement and upon complying with the conditions set forth in section one hundred and seventyone of this chapter, every such corporation shall have the power and privilege to construct, extend, operate and maintain such road, extensions or branches, upon and along the streets, avenues, roads, highways and private property named and described in § 647 amended. its certificate of incorporation. or in such statement. Every such Chap. 419. AN ACT to amend the code of civil procedure, in relation to attachment of interest in corporation. Became a law June 23, 1911, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section six hundred and forty-seven of the code of civil procedure is hereby amended to read as follows: 1 See code of civil procedure, §§ 3357-3384. 2 Words "whose railroad is . . and highways," new. 8647. Interest in shares or bonds. The rights or shares which the defendant has in the stock of an association or corporation, or in a bond negotiable or otherwise," together with the interest and profits thereon, may be levied upon; and the sheriff's certificate of the sale thereof entitles the purchaser to the same rights and privileges, with respect thereto, which the defendant had when they were so attached. 2. This act shall take effect September first, nineteen hundred in effect and eleven. Sept. 1, 1911. Chap. 420. AN ACT to amend the state boards and commissions law, in relation to proceedings by state water supply commission upon approval of petition for improvement of rivers and water courses. Became a law June 23, 1911, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: L. 1909, ch. 56, 12, as amended Section 1. Section twelve1 of chapter fifty-six of the laws of nineteen hundred and nine, entitled "An act in relation to state boards and commissions, constituting chapter fifty-four of the consolidated laws," as amended by chapter thirty-six of the laws of nine- ch teen hundred and eleven, is hereby amended to read as follows: 12. Proceedings upon approval of petition for river improvement. If such commission shall determine that a more beneficial flow of water in such river or water course can be had by construction of dykes, clearing out or changing the channel, the erection of a dam or dams or other public works thereon, or upon any tributary thereof, it shall cause to be made preliminary plans and specifications of such proposed improvements, together with a survey of the lands upon which such improvements are to be located, giving the location thereof, and of all lands to be taken, flowed or damaged thereby with a description by survey or otherwise, of all rights affected thereby and estimates of the total cost thereof. The commission shall also cause a map to be made show 4 Word "or" substituted for "of." 66 5 Words or in a bond negotiable or otherwise," new. 1 Section 12 is repealed by L. 1911, ch. 647, post, and, as here amended, is substantially re-enacted as § 453 of said ch. 647. amended. ing all such lands, the number of acres in each separate tract and the names of the owners and occupants thereof so far as the said commission can ascertain the same. The commission or the members thereof may enter upon such lands as the commission shall deem necessary for the purpose of doing such work, either by themselves or by their engineers, agents or servants employed by them for that purpose. The commission shall also prepare a statement or list of the counties, towns, cities, villages and individual properties which in its judgment will be benefited thereby, together with a statement of the proportional share of said total cost which should be borne by the said counties, towns, cities and villages, respectively, and by the individual owners of property benefited collectively, expressed in decimals; and in case any part or proportion of the cost of such improvement is not properly assessable upon the counties, towns, cities, villages or individual properties, or any of them, as not in the nature of a local improvement, such part or proportion of the expense shall be deducted from the total cost before apportioning the same upon the counties, towns, cities, villages, and individual properties as aforesaid, and shall be certified by the said commission to the legislature as a state charge. Such preliminary maps, plans, specifications, estimates and statements shall thereupon be filed in the office of the commission and in the county clerk's office of each county wherein is situated land to be taken or flowed by such proposed improvements and of each county in which any of the aforesaid towns, cities, villages or individual properties benefited are situated. Upon the completion and filing of such preliminary maps, plans, specifications, estimates and statements, the commission shall give notice of the filing thereof, and of the time and place where said commission will give a hearing to persons interested therein, by advertising for two successive weeks in two newspapers published in each county where such improvement is proposed to be made and in the state paper published at Albany, at which time and place any person interested may appear and make any objection to or suggest any modification in said plans, maps and specifications, and said commission shall have power to adjourn said hearing from time to time as justice may require. Thereupon said commission shall determine whether such proposed improvement shall be abandoned or proceeded with and what, if any, modifications should be made in such plans, maps, specifications, estimates and statements and shall make such modifications. If said commission. |