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thereof.

courts

dence of.

existing winds and tides, as in his judgment shall best tend to prevent
the subsequent return or deposit of any such contents of said boat or
vessel within the waters of this State, if cast upon the waters beyond
the jurisdiction thereof.
As amended by $ 3, ch. 463, L. 1880.

§ 3. Any person offending against the provisions of this act shall Misdebe deemed guilty of a misdemeanor, and liable to imprisonment for a meanor term of not less than six months and to a fine of not less than five ishment hundred dollars, in the discretion of the court, for each and every offense, and may be arrested by the authorities of either of the countis of New York, Kings, Queens, Westchester or Richmond. The courts in said counties, respectively, shall have power and jurisdiction What to try said offenders, whether the offense be committed within their

have jurisrespective counties or not. Out of any moneys received for fines diction. under this act, such sum or sums shall be allowed and paid for the Expenses. expenses and disbursements attending the arrest, as the court or magistrate may deem reasonable and proper.

§ 4. Immediately after the passage of this act, and within one Shore month preceding the first day of May in each third year then there- inspector. after, the governor shall appoint one respectable citizen of said county of Kings or Richmond, who shall be known and designated as the "shore inspector” of the counties of New York, Kings. Queens, Westchester and Richmond, and who, during the term of his office, shall reside within one and one-half miles of the shore, at that part of Resithe bay known as the Narrows, as the same is defined in the second section of this act, and he shall, within ten days after his said appointment, take the constitutional oath of office and file the same with the Oficial secretary of state. The term of office of the inspector first appointed term of under this act shall be three years, ending on the first day of May, office. eighteen hundred and seventy-eight, and the term of his successors in office, respectively, shall expire on the first day of May in every third year thereafter. In case of any vacancy in such office, occurring by Vacancy reason of death, resignation, refusal to serve, failure to take the oath within the ten days, or. disqualification as to residence as aforesaid, or otherwise, the said vacancy shall forthwith be filled by appointment by the governor, who is also authorized to accept any such resignation, and such appointment shall be only for the unexpired portion of the term in which the vacancy exists. Each inspector to be appointed under this act shall serve as herein provided, and until his successor shall bare been duly appointed and qualified as aforesaid, and for his services (including that of such subordinates as he may employ as hereinafter provided) he shall receive an annual salary of two thou- Salary of sand dollars, which shall be in lieu of all other compensation for the inspector. services of himself under this act. To make

To make up and pay the salary of the said inspector and his subordinates, the boards of supervisors of the said counties, respectively, shall annually levy and cause to be Tax to pay collected as a county charge, an amount of money which the salary salary. aforesaid shall proportionately bear to the taxable real and personal property in said counties, respectively, according to the last annual assessment rolls therein, to be apportioned by the comptroller of the State; and the respective treasurers of said counties, or other proper Money custodian of county moneys, shall receive and pay over the sum so

be paid raised to the comptroller of the State, who shall thereupon pay to to compthe inspector aforesaid, in equal quarterly payments, the salary afore-troller.

oath and

how filled.

raised to

Inspector

report

Arrest.

Duty of

etc., ex

by

sels prohibited.

act, how

$ 5. It shall be the duty of the said inspector diligently to investiviolations gate and report without delay to the proper magistrate, court or other of this act. authority, any and every violation of any of the provisions of this act,

that the offender may be duly arrested and punished therefor, and to aid in all proper ways in the enforcement thereof; and he shall have power to arrest, in any of the counties aforesaid, any person or persons who may be found by him actually engaged in violating any of the provisions of this act, and to take such person or persons before

such magistrate or court, whose duty it shall be to require such magistrate inspector to make complaint, in writing, and under oath, of such peror court.

son or persons so arrested, as to such violation, when the allegations of such complaint shall be duly heard and disposed of as herein pro

vided. Transport- 8 6. It shall not be lawful for any person or persons to sail, naviing dead animals, gate or move, or to aid, direct or assist in sailing, navigating or mov

ing, or to be employed upon or to accompany any boat or vessel ensteam ves- gaged in the transportation of any dead animals, carrion, offal, or any

putrid, offensive refuse, decaying or decayed vegetable or animal matter, or any garbage or sweepings taken from the streets of any city, upon the waters aforesaid, unless the same be propelled or moved by steam power; and it shall not be lawful for any sieam vessel to tow or carry any of the articles mentioned in this section, unless its name be

plainly painted on each side. The more effectually to carry out the Expenses object of this act, the sum of fifteen hundred dollars for expenses shall outanising be annually raised by the boards of supervisors of the several counties

named in section four of said act, in the same manner and proportion paid.

as the salary of the said inspector is raised under said section, and to be apportioned by the comptroller of the State; and the respective treasurers of said counties, or other proper custodians of county moneys, shall receive and pay over the sums so raised to the comptroller of the State, who shall thereupon pay the same to the inspector aforesaid in equal quarterly payments. The amount to be raised in the year eighteen hundred and eighty, in addition to the sum required for the ensuing year, shall include also such sum, not exceeding the limit herein prescribed, as shall be sufficient to meet the liabilities incurred or to be incurred for such purposes during the current year; that is to say, the additional sum so to be raised shall bear the same proportion to the said annual sum of fifteen hundred dollars as the time from the passage of this act to the end of the fiscal year shall bear to the whole year. The said shore inspector shall have power to

. inspectors.

appoint one or more deputies to assist him in his duties, who shall be
paid out of said moneys which he shall receive for expenses. The
said deputy or deputies shall have the same power as the said shore
inspector.
As amended by $ 4, ch. 463, L. 1880.

8 7. It shall be the duty of said shore inspector, from time to time, carrion,

to employ such force of men as shall be sufficient to and who shall remove or cause to be removed or buried all carrion, dead animals, offal, infected bedding and putrid and offensive matter found on or near the shores of Kings county, from the east end of Coney Island to the city line of Brooklyn, and the shores of Staten Island, Richmond county, so as to prevent the same from becoming injurious or detrimental to the public health. The said inspector shall engage and employ such number of men and such vessel or vessels as in his

Deputy

Burying

etc.

limited

judgment shall be required for the speedy and effectual accomplishment of the objects of this act, the expense whereof shall be paid by the said county of Kings; and the proper officers are hereby directed to cause such amount of money to be raised annually as may be certified by said inspector to be necessary for the purpose for the ensuing year, not exceeding three thousand dollars for any one year, and the Expensee same shall be paid by the county treasurer of said county to the per- County sons entitled thereto, upon the certificate or orders of said inspector. treasurer The amount to be raised in the year eighteen hundred and eighty, in parties addition to the sum required for the ensuing year, as aforesaid, shall entitled. include also such sum, not exceeding the limit herein prescribed, as shall be sufficient to meet the liabilities incurred or to be incurred for such purposes during the current year; that is to say, the additional sum so to be raised shall bear the same proportion to the said annual sum of three thousand dollars as the time from the passage of this act to the end of the fiscal year shall bear to the whole year. As amended by $ 5, ch 463, L. 1880. $ 8. This act shall take effect immediately.

[For greater convenience, the remaining sections of ch. 463, L. 1880, are in. serted here, as follows]:

$ 6. Any person offending against the provisions of this act shall Misdebe deemed guilty of a misdemeanor, and the person so violating the meapon same shall, upon conviction, be punished by the infliction of a fine of ishment. not less than one hundred nor more than five hundred dollars, or by imprisonment as is now provided in case of misdemeanors, or both, in the discretion of the court, and may be arrested by the authorities of either of the counties of New York, Kings, Queens, Westchester or Richmond; the courts in said counties, respectively, shall have power and jurisdiction to try said offenders whether the offense be com- Jurisdicmitted within their respective counties or not. Out of any moneys received for fines under this act such sum or sums shall be allowed and paid for the expenses and disbursements attending the arrest as Expenses the court or magistrate may deem reasonable and proper. Compare § 6 with & 3 of the act of 1875, supra. 37. This act shall take effect immediately.

tion.

of arrest.

27

CHAP 806.

See 70 N.Y.
327, 360,
9 Hun, 303.
Applica-
tion for
railway

sionen.

a

take

AN ACT further to provide for the construction and operation of a steam railway or railways in counties of the State.

PASSED June 18, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever it shall appear, by the application of fifty reputable householders and tax payers of any county in this State, verified upon oath before a justice of the Supreme Court, that there is need in such county of a steam railway or railways for the transportation of passengers, mails or freight, the board of supervisors of said county

may within thirty days after presentation to them of such application, Commis- duly verified as aforesaid, appoint five commissioners who shall be resi

dents of the said county and who shall have full power and authority to do and provide all that they are hereinafter directed to do and provide, and a certificate of whose appointment, signed by the chairman and clerk of such board, shall be filed ir the office of the Secretary of

State, and a duplicate thereof in the office of the clerk of such county. Railways

But whenever any such proposed railway shall be wholly within the n cities. limits of any city in the State, then such application shall be made only

to the mayor of said city, and such mayor shall appoint such commis

sioners as aforesaid. Commis § 2. Within ten days after their appointment, each of said comsioners to missioners shall take and subscribe an oath, faithfully to perform the and give duties of his office, the said oath to be filed in the office of the Secrebond.

tary of State, and a duplicate thereof in the office of the clerk of such county, and shall give a bond to the people of the State of New York, in the penal sum of twenty-five thousand dollars, conditioned for the faithful performance of the duties required by this act, which bond shall have two or more sureties, to be approved by a justice of the department of the Supreme Court including such county, and shall be filed in said clerk's office, before said commissioner shall assume or perform any of the duties of his office.

§ 3. Within fifteen days after their appointment, the said commismeeting.

sioners shall meet at some convenient place in such county, and or

ganize themselves as a board with appropriate officers. To deter- $ 4. Said commissioners shall, within thirty days after such organizacessity of tion, determine upon the necessity of such steam railway or railways, and

if they find such railway or railways to be necessary in such county, they shall, within sixty days after such organization, fix and determine the

route or routes for such steam railway or railways, and the said commis417, post,

sioners shall have the exclusive power to locate the route or routes of such railway or railways, over, under, through or across the streets, avenues, places or lands in such county, “except Broadway and Fifth avenue, below Fifty-ninth street, and Fourth avenue, above Forty-second street, in the city of New York," and except such portions of streets and avenues as are legally designated for the main line of or occupied by an elevated or underground railway, in actual operation, and except such as are contained in public parks, or occupied by buildings belonging to such county, or to this State, or to the United States, and except that portion of the city of Buffalo lying between Michigan and Main streets, and to provide for the connection or junction

First

railways and fix route. Amended 1850, ch.

1010.

sioners to

way to

with any other railway or bridge, provided that the consent of ne owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such railway or railways be first obtained, or in case the consent of such property owners cannot be obtained, that the determination of three commissioners, appointed by the general term of the Supreme Court in the district of the proposed construction given after a due hearing of all parties interested and confirmed by the court, that such railway or railways ought to be constructed or operated be taken in lieu of the consent of such property owners.

§ 5. The said commissioners having, by such public notice as they Plans. may deem most proper and effective, under such conditions and with such inducements as to them may seem most expedient, invited the submission of plans for the construction and operation of such railway or railways, the said commissioners shall meet at a place and upon a day, in such public notice named, not more than ninety days after their organization, and decide upon the plan or plans for the construction of such railway or railways with the necessary supports, turnouts, switches, sidings, connections, landing-places, stations, buildings, platforms, stairways, elevators, telegraph and signal devices, or other requisite appliances upon the route or routes, and in the locations determined by them.

$ 6. The said commissioners shall, within the like period of ninety Commisdays after their organization, fix and determine the time within which determine such railway, or railways, or portions of the same, shall be constructed when railand ready for operation, together with the maximum rates to be paid built, rate for transportation and conveyance over such railway, or railways, and of fare, etc. the hours during which special cars or trains shall be run at reduced rates of fares. The said commissioners shall also, within the like period of ninety days after their organization, fix and determine the amount of the capital stock of the company to be formed for the purpose of constructing, maintaining and operating such railway, or railways, for public use in the conveyance of persons and property, the number of shares into which such capital stock shall be divided, and the percentage thereof to be paid in cash on subscribing for such shares.

$ 7. The said commissioners shall prepare appropriate articles of Articles of association for the company, in the last section mentioned, in which tido. said articles of association shall be set forth and embodied as component parts thereof, the several conditions, requirements and particulars by said commissioners determined pursuant to sections four, five and six of this act, and wbich 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 county.

88. Whenever the whole capital stock of such company, or an Organisaamount of such capital stock proportioned to the part of such railway tion. or railways directed by said commissioners to be first constructed, shall have been subscribed by not less than twenty-five persons, and the fixed percentage of such subscriptions shall have been paid in cash, the said

associa

.

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