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Charter, what to contain.

the company, the place where it is to be located, the kind of business to be undertaken, by referring to and repeating the department of the first section of this act to which they refer; the mode and manner in which the corporate powers of the company are to be exercised; the manner of electing the trustees or directors and officers, a majority of whom shall be citizens of this State, and the time of such election; the manner of filling vacancies; the amount of capital to be employed, and such other particulars as may be necessary to explain and make manifest the objects and purposes of the company, and the manner in which it is to be conducted. Corporate And the Superintendent of the Insurance Department Be rejected. shall have the right to reject any name or title of any company applied for, or in process of organization, when he shall deem the name or title too similar to one already appropriated, or likely to mislead the public in any Conditions respect. All charters on file or hereafter to be filed in to be per- the insurance department shall be considered as abandoned and become inoperative and void, unless the corporators perfect their organization thereunder and make the deposit of one hundred thousand dollars in the insurance department for the protection of policy holders, as required by this act, within the period of two years from the date of filing such charter.

title may

of charter,

fected within two

years from filing.

§ 2. This act shall take effect immediately.

Chap. 405.

AN ACT to amend an act entitled "An act to amend an act entitled An act to incorporate the Aurora and Buffalo Plank Road Company, passed May eleventh, eighteen hundred and forty-six,' passed May fifth, eighteen hundred and forty-seven," passed March twenty-fifth, eighteen hundred and fifty-two.

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Passed April 29, 1869. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The sixth section of the act entitled “An act to incorporate the Aurora and Buffalo Plank Road

Company," passed May eleventh, eighteen hundred and forty-six, as amended by chapter one hundred and ninety-four of the laws of eighteen hundred and fortyseven, and by chapter ninety-three of the laws of eigh teen hundred and fifty-two, is hereby amended so that the same shall read as follows:

how con

§ 6. The track of said road shall be constructed of Track, timber and plank, so that the same shall form a smooth structed. and even surface, and shall be of such width as shall be determined upon by the directors of said company, who shall also determine the manner of building said road; except that for the distance of three miles easterly from Width the said line of the city of Buffalo, said track shall be eighteen feet in width; one-half of which width shall Material be constructed of timber and plank, and the other half therefor. of which width may be constructed of broken stone, gravel or other material forming a good and substantial

road.

§ 2. This act shall take effect immediately.

Chap. 406.

AN ACT to authorize a loan to the county of
Schoharie.

Passed April 29, 1869; three-fifths being present.

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

thereof.

to be used

ler may

make loan from school

fund.

SECTION 1. The Comptroller is hereby authorized to Comptrolloan to the county of Schoharie a sum not exceeding forty thousand dollars, out of any moneys now or hereafter in the treasury of this State, belonging to the capital of the common school fund, on receiving from County the treasurer of said county a bond to the People of the to execute State of New York, conditioned for the repayment by bond therehim and his successors in office of the said sum so loaned, one-half in one year, and the residue in two years from

treasurer

the date of said bond, with interest at the rate of seven Rate of inper centum per annum, payable annually, which bond terest. said treasurer is hereby authorized to make, execute and deliver; the sum so loaned, or so much thereof as may

Money to be paid for

be necessary, shall be paid by said treasurer to the State taxes Treasurer of the State, in payment of the taxes due and in arrear from the said county to the State treasury for the tax of eighteen hundred and sixty-eight.

due.

Board of supervisors may boi

from

viduals.

To levy

tax to pay moneys borrowed.

§ 2. The board of supervisors of said county of Schoharie are hereby authorized, if the said sum of forty row money thousand dollars can be obtained by loan from an individual on terms more favorable to the county, to borrow the same of such individual, by giving the like security to such person or individual as is required to be given to the Comptroller. The said board of supervisors are further authorized and required at their annual meeting in each of the said two years immediately succeeding the passage of this act, to cause to be levied and collected on the taxable property of said county, as the contingent expenses of said county are levied and collected, a sum equal to one-half of the principal of the said loan so to be made to the said county of Schoharie, together with annual interest on the amount remaining unpaid, and shall cause the same to be paid to the treasurer of said county, whose duty it shall be, within ten days after receiving such money, to pay the same into the treasury of this State, if said loan shall have been made by the Comptroller. If the said sum shall have been borrowed of an individual, then the county treasurer shall pay such sum or sums to such individual within the aforesaid ten days, which shall be a payment on the bond given by said treasurer as herein before provided.

County treasurer

to repay moneys.

Proviso.

of late County treasurer

§3. Nothing in this act contained shall be held or Liabilities construed to affect any action or proceeding now pending, or to release or discharge or affect the liability of the late county treasurer of the county of Schoharie, or of the sureties, or of either of them, upon his official bond.

not to be affected hereby.

§ 4. This act shall take effect immediately.

Chap. 407.

AN ACT to construct a highway from St. Regis lake to Malone.

Passed April 29, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

district.

sioners.

SECTION 1. All the non-resident lands in townships Road ten, eleven, twelve, thirteen, fourteen, sixteen and seventeen, in McComb's purchase, in Great Tract number one, in Franklin county, are hereby constituted a road district, and David C. Skiff, of the town of Brighton, Commis Emerson Steinburg, of the town of Duane, and Seth Wardner, of the town of Brighton, are hereby appointed road commissioners to have charge of said road district, and they and their successors in office shall have all the Their powers of commissioners of highways in the towns of powers. this State.

tion

§ 2. Said commissioners, with the money to be received Construcfor non-resident highway taxes in said road district, shall of lay out and construct a road from some point on the St. Regis waters, and connecting with the road that leads to Keens' mill, and thence in the most direct and feasi- Route ble course toward Malone.

of road.

certain

taxes on

lands to be applied for

such road.

sessments,

§3. The commissioners of highways of the several Highway towns in which said lands are situated shall annually assess thereon the usual highway taxes, in the same manner as such taxes are assessed and charged upon other lands in their respective towns, which taxes shall be paid to the commissioners under this act for the purpose of constructing the road mentioned in section two. All such highway taxes not paid to said commissioners Unpaid asprevious to the annual meeting of the board of super- how charg visors, shall be assessed and charged by the supervisors upon the assessinent rolls of the several towns embracing said lands; any sums that may be paid to the Comp- Road taxes troller or State Treasurer, on account of the highway Bate treas taxes on said lands, shall be paid annually to the said ury, to be commissioners on the order of any two of them, out of commisthe treasury of this State.

ed.

paid into

repaid to

sioners.

Commis

sioners, to make as

&c., in cer

§ 4. If the officers, or any of them whose duty it shall be to assess the highway taxes on any of the lands in sessments, said road district, or to perform any duty relating tain cases. thereto prescribed by law, shall neglect to assess such lands or to perform their duties relating thereto, then said commissioners shall make the usual assessment of highway taxes, and return their assessment thereof to the board of supervisors, who shall assess and charge the same on the rolls, as specified in section three of this act, and the taxes so assessed shall be valid and collected in the same manner as the other taxes on the several rolls.

Official bonds of commis

sioners.

Compensation.

5. The said commissioners shall give bonds, with satisfactory sureties, to the Comptroller of this State, in the penal sum of one thousand dollars each, for the faithful performance of their duties, before entering upon the discharge thereof, and a neglect to file such bonds for sixty days from the day of appointment, by any commissioner, shall be deemed to vacate his office, and another shall be appointed in his place.

6. The commissioners shall be. allowed out of the aforesaid moneys two dollars each per day for their services while actually and necessarily employed, and also a sum sufficient to pay their reasonable expenses in laying out and constructing said road; and they shall expend the moneys received by them under this act as they shall deem best for the purposes thereof, and shall render to the Comptroller annually, before the first day of January, under oath, an account of their expenditures; and Vacancies, the Comptroller shall have power to fill all vacancies how filled. that shall occur in the office of said commissioners. 7. All acts or parts of acts inconsistent with this act, shall be deemed not to apply to this road district.

Annual report

to comptroller.

Proviso.

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