Rail Lond may be constructed.

Time limited.

purchased

and held.

CHAP. 81.

AN ACT to amend the act to incorporate the Tioga coal, iron, mining and manufacturing company, passed April 9th, 1828.

Passed March 26, 1833.

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

S1. The Tioga coal, iron, mining and manufacturing company, are hereby authorised and empowered to construct a single or double rail-road or way from the termination of the Chemung canal feeder, at or near the place where the same intersects the Tioga or Chemung river, to a point or place on the Pennsylvania line, at which the Tioga navigation company of the state of Pennsylvania shall or may end the termination of a rail-road authorised by an act of the legislature of the state of Pennsylvania, to be constructed from the village of Blessburg to the north line of said state; to take, transport, carry and convey, property and persons upon the same, by the power and force of steam, of animals, or any mechanical power, or any combination of them, for the term of fifty years from the passage of this act.

$ 2. If the said company shall not, within three years from the passage of this act, commence, and within five years thereafter, construct, finish and put in operation, the said rail-road, the power hereby granted shall cease. Land may be $ 3. The said company is hereby empowered to purchase, receive and hold such land as may be necessary and convenient in accomplishing the object for which this corporation is granted; and may by their agents, surveyors and engineers, enter upon and take possession of and use, all such lands as may be indispensable for the construction and maintenance of their single and double railroad or way, and the accommodations requisite and appertaining thereto; and may also receive, hold and take all such voluntary grants and donations of land and real estate, as shall be made to the said company, to aid in the construction, maintenance and accommodation of the said single or double rail-road or way; but all lands thus entered upon, which are not donations, shall be purchased by the said company, of the owner or owners of the same, at a price to be mutually agreed upon between them; and in case of a disagreement as to price, and before making any portion of said road on said land, the said company, or the owner of such land, may apply by petition to the

vice-chancellor of the sixth circuit, who, upon such application, shall cause such notice to be given to the other party as he shall deem proper and sufficient, appointing therein the time and place of hearing the parties; at which time and place, upon proof that the notice directed has been given, the said vice-chancellor shall direct the manner of ascertaining the damages which the owner of such land will sustain by the occupation thereof by the said company and the said vice-chancellor shall appoint three competent and disinterested commissioners, who shall be freeholders and residents of the county of Steuben, and who shall, under the direction of the said vicechancellor, make appraisements and determine said damages, and report in writing under their hands to the said vice-chancellor, who shall examine the same and hear the parties in relation thereto, if he shali deem it expedient, and increase or diminish the damages if he shall be satisfied injustice has been done. The report shall contain a minute and accurate description of the land appraised. The commissioners shall be allowed two dollars each a day for their services. Upon proof to the vicechancellor, to be made within thirty days after his determination, of payment to the owner, or of depositing to the credit of the owner in such incorporated monied institution as the said vice-chancellor shall direct, of the amount of said damages and the payment of all expenses, the said vice-chancellor shall make an order or decree, particularly describing the land, and reciting the appraisement of damages and the mode of making it, and all other facts necessary to a compliance with this section of this

act: and when the said order or decree shall be recorded in the office of the clerk of the said vice-chancellor of the sixth circuit, the said company shall be seised and possessed of the fec simple of all such land, and may enter upon and take possession, and use the same for the purposes of the said road.

§ 4. In case any married woman, infant, idiot, or in- Rights of insane person, or non-resident of the state, who shall not fanta, &c. appear after such notice, shall be interested in any such land or real estate, the said vice-chancellor shall appoint some competent and disinterested person to appear before the said commissioners, and act for and in behalf of such married woman, infant, idiot, or insane person or non-resident.

streams.

$5. Whenever it shall be necessary for the construc- Crossing tion of their single or double rail-road or way, to intersect or cross any stream of water or water courses, or any road, street or highway, it shall be lawful for tho

Penalty.

Time exten

ded.

Statement of expenses.

Right to purehase road.

Rights reser ved.

said company to construct their single or double rail-road or ways across or upon the same: Provided, That the company shall restore the stream or water course, or road, street or highway thus intersected, to its former state, or in a sufficient manner not to have impaired its usefulness.

S6. If any person shall wilfully or maliciously injure the said rail-road or way, or any building, machine or other work of the said company appertaining thereto, the person so offending shall forfeit and pay to the said company, three times the amount of damages sustained by means of such offence or injury, to be recovered in the name of the company, with costs of suit, in any court having cognizance thereof.

S7. The limitation expressed or declared in the thirteenth section of the act incorporating the said company, for completing the slack water navigation or canal therein mentioned, shall be and the same is hereby extended five years from the passage of this act.

$8. When the said rail-road shall be completed, the directors shall make a full and detailed statement of the expense of constructing the same; which report shall be under the oath of the president and secretary of the said company, and shall be filed in the office of the secretary of state; and in like manner shall, at the expiration of each year, for the term of fifteen years thereafter, file in said office a statement of tolls received on such rail-road, and of all moneys expended by said company for repairs or otherwise for the purpose of said rail-road.

$ 9. The grant contained in this act shall be deemed to be taken on condition, that if the legislature of this state. shall, at the expiration of ten years from the completion of said rail-road or way, or at any time thereafter, and within fifteen years after the completion of said rail-road, make provision by law for the repayment to the said company of the amount expended by them in the construction of the said rail-road or way, together with all moneys expended by them for permanent fixtures for the use of said rail-road or way, with interest on such sums, at the rate of fourteen per centum per annum, together with all moneys expended by said company for repairs or otherwise, for the purposes of said rail-road, after deducting the amount of tolls received on said rail-road, then this act shall become null and void, and the said rail-road or way, with all fixtures and appurtenances, shall vest in and become the property of the people of this state.

$10. The legislature may at any time alter, amend, modify or repeal this act.

CHAP. 82.

AN ACT authorising and requiring the supervisors of the county of Orleans to raise money to build a bridge across the Oak-Orchard creek, in the town of Carlton.

Passed March 27, 1833.

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

raised.

1. The supervisors of the county of Orleans are here- $1,000 to be by authorised and required, at their next annual meeting, to cause to be levied, collected and paid to the treasurer of the said county, in the same manner as other contingent charges of said county are by law directed to be levied, collected and paid, the sum of one thousand dollars, for the purpose of building a bridge over Oak-Orchard creek, in the town of Carlton, at or near Kenyon's mills, upon said creek, together with the usual fees for collecting the same; which sum, when so paid to the treasurer as aforesaid, shall be subject to the order and discretion of the commissioners hereinafter named, or a majority of them.

sioners.

$ 2. Barber Kenyon, John H. Tyler and Keyes Wild-Commis er, are hereby appointed commissioners to superintend the building of said bridge, with full powers to contract for materials and workmanship of the same; and in case of the death or refusal to serve of the said commissioners, or either of them, it shall be lawful for the supervisors of said county, and they are hereby required to appoint a person or persons in the place of him or them so dying or refusing to serve as aforesaid.

$3. It shall be the duty of the commissioners so ap- To give bond pointed or to be appointed as aforesaid, before they proceed in the discharge of the trust aforesaid, to execute each a separate bond, with at least one sufficient surety, to the supervisors of the county of Orleans, in the penal sum of two thousand dollars, conditioned for the faithful discharge of their duties under this act.

$4. It shall be the duty of the said commissioners to To account. account with the board of supervisors of the county of Orleans for all monies expended or received by them when required.

$5. The supervisors are hereby directed to allow to Their pay. each of the said commissioners one dollar and fifty cents for each day they or either of them may be necessarily employed by virtue of this act, which shall be audited, al

lowed and paid, in the same manner as other, contingent charges are audited and paid in said county.

CHAP. 83.

AN ACT to amend the act entitled "An act to amend and extend the act entitled 'An act to incorporate the firemen of the city of Albany, and for other purposes,' passed March 11th, 1833.

Passed March 27, 1833.

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

$1. The first section of the above entitled act is hereby amended by striking out the word March in the fourth line thereof, and inserting the word April.

$ 2. This act shall take effect immediately after the passage thereof.

CHAP. 84.

AN ACT to amend an act entitled "An act to authorise the appointment of a measurer of stone in and for the city of Albany."

Passed March 28, 1833.

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

S 1. It shall be the duty of the measurer of stone in and for the city of Albany, to inspect the piling as well as to measure all such stone as may be purchased or sold in said city, as shall be required to be measured, and shall certify the same. Such measurer shall receive, instead of the fees now allowed, three cents for every cubic yard, and in that proportion, to be paid in the manner specified in the act hereby amended.

$2. This act shall take effect from the passage thereof.