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by said commissioners determined pursuant to sections four, five and six of this act, and which further shall provide for the release and forfeiture to the supervisors of the county of all rights and franchises acquired by such corporation in case such railway or railways shall not be completed within the time and upon the conditions therein provided ; and the said commissioners shall thereupon and within one hundred and twenty days after their organization as aforesaid, cause a suitable book of subscription to the capital stock of such company to be opened, pursuant to due public notice at a banking office in such connty.

Provided, however, that a failure by any corporation heretofore or Proviso as hereafter organized under this act to complete its railway within the top forfeittime limited in and by its articles of association, shall work a forfeiture of the franchises of such corporation only with respect to that portion of its route which such corporation shall have failed to complete, and shall not affect the rights and franchises of such corporation to construct and operate such part of its railway which it shall nave completed within the term prescribed by its articles of association, or as to which the time for completion shall not have expired, any thing contained in the articles of association of such corporation to the contrary hereof in any wise notwithstanding.

$ 3. Section forty-two of the said act is hereby amended so as to read as follows:

§ 42. At any time, not less than two years nor more than three Proceedyears after the completion and operation of said railway or railways, anesofie

apportionany owner of, or party having or claimed to have any estate or interest ment of

dainages. in any of the property bounded upon that portion of any street or high way upon which such railway shall have been constructed, may petition the supreme court at any general term thereof, held in the judicial district in which such railway shall be located, for the appointment of commissioners to apportion among the persons entitled thereto, under the provisions of this act, the moneys deposited or secured for the payment of pecuniary damages under the sixth section thereof. Such petition shall be signed and verified according to the rules and practice of such court, and shall contain a description of the property of such petitioner, together with a statement in detail of damages which he may claim to have sustained. Upon the presentation of such petition, the court shall make an order for the service of the same, and of notice of the time and place of an application thereupon for the appointment of commissioners, by the publication of such petition and notice in not less than two newspapers published in the county in which the said railway is located, and not less than once a week for at least three months from the date of the first publication,

$ 4. The aforesaid act is hereby further amended by adding thereto the following: to be known as sections forty-three, forty-four, fortyfire, forty-six, forty-seven, forty-eight, forty-nine, fifty and fifty-one.

§ 43. At the time and place named in the said notice so published ibid. as above provided, and after hearing all parties appearing pursuant to such notice, the said court shall make an order for the appointment of three disinterested and competent persons, who shall be residents and freeholders in the county in which said railway is located, as commissioners to apportion among the persons entitled thereto, under the provisions of this act, the amount deposited as required by the sixth section hereof.

§ 44. The said commissioners shall take and subscribe the oath pre- Ibid. scribed by the twelfth article of the constitution. Any one of them

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may issue subpænas and administer oaths to witnesses; any two of them may adjourn the proceedings before them from time to time in their discretion. Whenever they meet, except by the appointment of the court, or pursuant to adjournment, they shall cause notice of such meeting to be given to all parties who have appeared in the proceedings, in such manner as the court shall direct. They shall view the property hounded upon that portion of any street or highway upon which said railway is located, and hear the proofs and allegations of the persons owning, or having or claiming to have an interest therein, and of the railway company, and reduce the testimony, if any is taken by them, to writing; and after the testimony is closed, all being present and acting, shall ascertain and determine what amount of the money deposited or secured, as above provided, ought justly to be paid to each owner or person interested in said property, or any parcel thereof as compensation for any diminution in value thereof caused by the construction, maintenance and operation of said railway ; and in determining such amounts respectively, they shall make allowances for any benefit which shall have accrued, or may thereafter accrue to said property, or any parcel thereof, by reason of the construction and operation of said railway. The sum of all the amounts so awarded shall not exceed the amount deposited or secured by said railway company as above provided. The said commissioners shall make a report to the supreme court, signed by them, or a majority of them, of the proceedings before them, with the minutes of the testimony taken by them, if any. Said commissioners shall be entitled to five dollars per day for each day they are engaged in the performance of their duties. The fees of said commissioners together with their reasonable expenses, approved by a justice of the supreme court, upon notice to the said railway company, shall be paid out of the moneys deposited with the county treasurer or trust company for such purpose as above provided in the sixth section hereof and any balance of said moneys so deposited for such purpose shall thereupon be paid over to said railway company. No costs shall be allowed in the proceedings before said commissioners.

§ 45. On such report being made by such commissioners, the petitioner, or any party who shall have appeared in the proceedings, may give notice to the other parties who have appeared according to the rules and practice of said court, at a special term thereof, for the confirmation of such report, and the court shall thereupon confirm such report, and shall make an order containing a recital of the substance of the proceedings, and shall also direct to whom the money is to be paid.

$ 46. Upon the expiration of thirty days after the entry of said order of confirmation, and upon the presentation of a certified copy thereof, the county treasurer or trust company shall pay the sums awarded by such order to the persons entitled thereto under the provisions of said order. Within twenty days after the entry of said order confirming the report of the commissioners and service thereof upon all parties who have appeared, any party may appeal, by notice in writing served upon all who have appeared, and upon the county clerk and county treasurer, to the general term of the supreme court from the said order of confirmation ; and service of such notice upon

; the county treasurer or trust company shall stay all payments by him or it until the further order of the court. Such appeal shall be heard by the supreme court at any general term thereof, on notice thereof being given arcording to the rules and practice of said court. On the

Ibid.

Ibid.

over

ation

case of de

in lieu of money,

hearing of such appeal the court may affirm the order so appealed from, or may reverse the same and direct a new apportionment before the same or now commissioners, in its discretion ; and in case a new apportionment shall be directed, the second report shall be final and conclusive upon all parties interested.

§ 47. In case any award shall have been made by said commissioners for diminution in value of any property, the owners of or persons interested in which shall not have appeared in said proceedings, the amount of such award shall be retained by the county treasurer or trust company, subject to such order as the court may afterward make.

$ 48. In case the aggregate amount awarded to the several owners Excess of and persons interested shall be less than the amount deposited with award the county treasurer or trust company as aforesaid, the excess of such amount amount shall be repaid to the corporation depositing the same, such to be paid

deposited repayment not to be made until thirty days after final confirmation of by corporthe report of the commissioners of apportionment.

$ 49. In case the said corporation shall have deposited with the Proceedcounty treasurer or trust company negotiable securities in lieu of ings in moneys, as provided in the sixth section hereof, then upon the con- posit. of firmation of the report of the commissioners of apportionment, the

negotiable

securities county treasurer or trust company shall notify said railway company to pay to him the aggregate amount awarded by said report, and upon its failure so to do shall sell the said securities, or such part thereof as may be necessary for the purpose of raising such amount.

$ 50. In case any of the securities which may be deposited in lieu of money as provided in the sixth section hereof, shall, in the opinion of the county treasurer or trust company with whom they may be deposited, fall below their actual value at the time of deposit, the said county treasurer or trust company shall call upon said railway company to substitute therefor other securities equivalent at their par and market value to the amount in lieu of which the securities for which they are to be substituted were deposited, and in case such other securities shall not be furnished the said county treasurer or trust company shall call upon said railroad company to furnish as a substitute, and said railroad company shall so furnish, an amount of money equal to the amount in lieu of which the securities first above referred to were deposited.

$ 51. Any corporation heretofore organized under the provisions of Corporathe act hereby amended, and which has not constructed its railway and

may apply has obtained the consent of the local authorities to the construction for ap.

pointment and operation of a railway upon any or all of the routes designated of commisfor it by its articles of association, and whose rights under such consent have not terminated, and whose proposed railway lies wholly within the limits of any city, may, within ninety days after the passage of this act, apply to the mayor of such city for the appointment of commissioners to estimate and fix the damages to be caused by the construction and operation of its railway upon and along the streets or high ways as to which such consent has been given.

Such mayor shall thereupon appoint three disinterested and competent freeholders, residents in such city, who shall thereupon each take ing there. and subscribe an oath faithfully to perform the duties of his office ; and the commission provided by this section shall thereupon have all the powers, and authority as to ascertaining, estimating and fixing damages that the commissioners mentioned in the first section of this act have as to any corporation organized, or to be organized by them, and all the provisions of this act as to ascertaining, estimating and

sioners.

Proceed

upon.

fixing damages, the deposit of money or securities in lieu thereof, and the proceedings and authority to distribute and apportion the same, and the effect of a failure to make the deposit as thus required, shall apply to such corporation and commission, except so far as inconsistent with this section, and after a commission shall have been appointed under this section to ascertain, estimate and fix damages as hereinbefore provided, the corporation which made the application therefor may proceed without prejudice to obtain such other consent or authority as it may require, and the proceedmgs had under tho authority given

by this section may be presented in aid of any application it may make. Act not to $ 5. None of the provisions of this act shall apply to the counties appstork of New York and Westchester, and nothing herein contained shall be and West- deemed to affect existing provisions of laws as to the acquisition of

the title to real estate for railroad purposes.

$ 6. This act shall take effect immediately.

New

chester counties.

CHAP 894.

tors.

power.

AN ACT to incorporate Luther M. Wheeler Post Number
Ninety-two, Grand Army of the Republic.

PASSED July 1, 1882 ; three-fifths being present.
The People of the State of New York, represented in Senate and

Assembly, do enact as follows:
Corpora- Section 1. George T. Balch, William H. Hall and Robert F.

Knapp, trustees, duly elected at a regular meeting of Luther M.
Wheeler Post Number Ninety-two, Grand Army of the Republic, and

their successors are hereby constituted a body corporate by the name Name and and title of Luther M. Wheeler Post Number Ninety-two, Grand

Army of the Republic, and by that name they and their successors shall have perpetual succession, and shall be capable in law of taking by devise, purchase or otherwise, and to hold, mortgage, transfer and convey real and personal property not exceeding in amount and value

sum of fifty thousand dollars. They may also have and use a

common seal anú may change and alter the same at pleasure. Terms of $ 2. The said trustees shall hold office as follows, namely: Said

Balch shall hold the office of said trustee for three years from the date of the next regular annual election of said post, and the said Hall shall hold the office of said trustee for two years from the date of the next regular annual election of said post, and the said Knapp shall hold the office of said trustee for one year from the date of the next regular annual election of said post.

83. There shall be elected annually at said annual meeting of said post one trustee to fill the vacancy caused by the expiration of the term of office of one of said trustees, beginning at the regular annual election to be held in December, eighteen hundred and eighty-three. Vacancies occurring in the board of trustees due to death or other cause may be filled at any regular meeting of the said

post. Objects.

§ 4. The objects to be accomplished by this organization are as follows :

First. To preserve and strengthen those kind and fraternal feelings which bind together the soldiers, sailors and marines who united to

oflice of trustees.

Annual election of one trustee,

suppress the late rebellion, and to perpetuate the memory and history of the dead.

Second. To assist such former comrades in arms as need help and protection; and to extend needful aid to the windows and orphans of those who have fallen.

Third. To maintain true allegiance to the United States of America, based upon a paramount respect for and fidelity to the national constitution and laws; to discountenance whatever tends to weaken loyalty, incites to insurrection, treason or rebellion, or in any manner inpairs the efficiency and permanency of our free institutions, and to encourage the spread of universal liberty, equal rights and justice to all men,

85. The said corporation shall have full power and authority to Corporate make and establish such constitution and hy-laws, rules and regulations powers. from time to time as they shall think proper, for all the purposes, objects and gorernment of the corporation ; the time, place and manner of electing officers, the period of their continuation in office, their removal from office, their powers and duties; the election of members and their dismissal and suspension ; for the regulation and payment of fees, penalties and other dues ; for the management of its funds and property; and from time to time to alter, modify or repeal such constitution, by-laws, rules and regulations.

$ 6. The said corporation, by its trustees, shall possess all the powers and be subject to the provisions prescribed by title three of chapter eighteen of part one of the Revised Statutes, so far as the same are applicable.

$ 7. The location of said corporation shall be in the village of Sar- Location. atoga Springs, in the county of Saratoga.

$ 3. This act shall take effect immediately.

CHAP. 395.

AN ACT to enable the town of Watervliet to pay the amount

equitably owing by it to certain hospitals in the city of Albany, for the support and care of certain of its poor therein.

Passed July 1, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The board of supervisors of the county of Albany shall Tax to be at its fall session in the year eighteen hundred and eighty-two, levy lepied and assess upon the taxable property of the town of Watervliet, in the town of same manner as other town charges are assessed upon saià town, the vliet. sum of four thousand seven hundred and forty-three ninety-two onehundredths dollars, being the total sum audited by the board of town auditors of said town, acting under and by virtue of chapter thirtynine of the laws of eighteen hundred and eighty-two, in favor of the Albany Hospital, the Child's Hospital, the Albany City Homeopathic Hospital, Albany Guardian Society, and Saint Peter's Hospital, all of such hospitals being situated in the city of Albany. The amount thus levied and assessed shall be raised by tax, and paid over to the supervisor of the town, who shall immediately pay over to the treasurer of each hospital above named the amount of such bill as audited by the

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