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CHAP

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ch. 140

route.

AN ACT to amend chapter one hundred and forty of the Rallroads.

laws of eighteen hundred and fifty, entitled “An act to authorize the formation of railroad corporations and to regulate the same.”

PAASED March 29, 1876. The People of the State of New York, represented in Senate and A8

sembly, do enact as follows :

SECTION 1. Section twenty-third of the act entitled “An act to Amending anthorize the formation of railroad corporations and to regulate the Laws 1850.

passed April second, eighteen hundred and fifty, is hereby 3 Edm. 617. amended so as to read as follows:

$ 23. The directors of every company formed under this act may, Directors by a vote of two-thirds of their whole number, at any time alter or may change the route or any part of the route of their road, or its termini,

change or locate the said route or any part thereof or its termini in a county adjoining any county named in the articles of association, if it shall appear to them that the line can be improved thereby; and they shall

Survey. make and file in the clerk's office of the proper county a survey, map Mayaca,

quire land. and certificate of such alteration or change, and shall have the same right and power to acquire title to any lands required for the purposes of the company in such altered or changed route as if the road had been located there in the first instance; and no such alteration shall be made in any city or village after the road shall have been construc- in city or ted, unless the same is sanctioned by a vote of two-thirds of the village. common council of said city, or trustees of said village; and in case

Compensaof any alteration made in the route of any railroad after the company tion. has commenced grading, compensation shall be made to all persons for injury so done to any lands that may have been donated to the company. Nothing herein shall be construed to authorize the change of Proviso. either terminus to any other county than one adjoining that in which it was previously located, nor the reduction of the amount of capital stock per mile below that now required by law. All the provisions of

Alteration this act relating to the first location, and to acquire title to land, where shall apply to every such new or altered portion of the route. Nor shall the provision of this section authorize the alteration of the route sued. or terminus of any railroad in any town, county or municipal corporation which has issued bonds, or any town which may be bonded, but whose bonds have not yet been issued or subscribed for, and taken any stock or bonds in aid of the construction of such railroad without the consent in writing of, and subscribed by a majority of the tax puyers appearing upon the last assessment-roll of said town, county or municipal corporation.

Alteration

.

See 77 N. Y. 249.

bonds have been is

CHAP. 9.

Villages.

AN ACT to confirm the election of village trustees in certain

cases, and to provide for and determine by lot their respect. ive terms of office.

PASSED April 4, 1876 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Elections SECTION 1. No election of trustees held in the year eighteen hunof trustees. dred and seventy-six, pursuant to an act entitled “An act to provide

for the incorporation of villages,” passed April twenty, eighteen hundred and seventy, and the act amendatory of said act, passed June ninth, eighteen hundred and seventy-four, shall be invalid on account of the failure of any of the electors at such election to designate in their ballots the respective terms of office of the persons voted for for trustees, but the persons for whom a majority of such votes shall have been cast shall be deemed duly elected trustees of such village, and such trustees shall, on or before the first day of May, eighteen hundred and seventy-six, meet together with the president of the village, and the said president shall, in their presence, determine by lot who of said trustees shall serve for one year and who of them for two years. If the number of trustees is three, or any other odd number, the smallest majority shall serve for two years, and the largest majority for one year. The president shall make and file in the office of the clerk à certificate stating the names of the said trustees and the term of office of each, as so determined.

§ 2. This act shall take effect immediately.

See ch. 68. Laws 1879.

CHAP. 5.

Writs of error.

Amending

AN ACT to amend the sixteenth section of title sixth of chap

ter two of the fourth part of the Revised Statutes, concerning the allowance of writs of error in criminal cases.

PASSED April 6, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The sixteenth section of title sixth of chapter two of the 2 R. 8. 740. fourth part of the Revised Statutes is hereby amended so as to read as

follows:

§ 16. But no such writ of error shall stay or delay the execution of to stay pro- such judgment or of sentence thereon, unless the same shall be allowed ceedings.

by a justice of the Supreme Court, in other than capital cases, residing in the judicial department where the conviction was had, upon two days' notice, in writing, to the district attorney of the county where the conviction shall have been had, and unless such writ of error shall contain an express airection that the same is to operate as a stay of proceedings on the judgment upon which such writ shall be brought.

82. This act shall take effect immediately.

2 Edm.

When not

cb. 180,

3 Edm. 304.

CHAP 96.
AN ACT to amend chapter one hundred and eighty of the

laws of eighteen hundred and forty-five, entitled “An act
to reduce the number of town officers, and town and county
expenses, and to prevent abuses in auditing town and
county accounts.

PASSED April 7, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section twenty-nine of chapter one hundred and eighty Amending of the laws of eighteen hundred and forty-five is hereby amended so Laws 1845. as to read as follows:

$ 29. Whenever any town collector shall have received any warrant Notice by for the collection of taxes, he shall immediately thereafter cause notices collector of the reception thereof to be posted up in five public places in the of tax ward or town, and so located as will be most likely to give notice to the inhabitants thereof, and shall designate in such notices one or more convenient places in such town, where he will attend from nine o'clock, forenoon, till four o'clock, afternoon, at least three days in each week for thirty days, which days shall also be specified in such notice, for the purpose of receiving payment of taxes; and it shall be Payment the duty of such collector to attend accordingly, and any person may pay his taxes to such collector at the time and place so designated, or at any other time or place, on paying one per cent fees thereon, within thirty days from the first posting of said notices; and no collector Fees. shall receive over one per cent fees for receiving or collecting any taxes within said thirty days. But every such collector shall be entitled to receive one cent fees on every amount of tax under one dollar paid in or collected within said thirty days, except in cases where it is now otherwise provided by law.

8 2. This act shall take effect immediately.

warrant.

of taxes.

CHAP. 10.

AN ACT to amend section five of chapter four hundred and

twenty-seven of the laws of eighteen hundred and fifty-five, entitled "An act in relation to the collection of taxes on lands of non-residents and to provide for the sale of such lands for unpaid taxes.”

PASSED April 7, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section five of chapter four hundred and twenty-seven Amending of the laws of eighteen hundred and fifty-five, entitled “An act in relation to the collection of taxes on lands of non-residents and to 3 Edm. 357. provide for the sale of such lands for unpaid taxes,” is hereby amended so as to read as follows:

ch. 427, Laws 1855.

Taxes on lands of residents and railroads returned

§ 5. If the taxes on any farm or lot of land assessed to a resident shall be returned as unpaid, in consequence of such premises becoming vacant by the removal of the occupant before the collection of the

tax imposed thereon, or in default of goods and chattels of the occuas unpaid. pant to satisfy such tax, or if the taxes on any land occupied by or used

in connection with any railroad, which was assessed to any person, company or corporation, owning, operating or constructing such rail. road, shall be returned as unpaid, the supervisor of the town or ward in which such land was assessed shall add a description thereof to the assessment roll of the next year in the part thereof appropriated to taxes on lands of non-residents, and shall charge the same with the uncollected tax of the preceding year; and the same proceedings shall be had thereon in all respects as if it was the land of a non-resident, and as if such tax had been laid in the year in which the description is 80 added. The land occupied by or used in connection with any railroad assessed to any person, company or corporation owning, operating, or constructing such railroad, may be described in the following form: “ a strip of land owned and occupied by the railroad company, in

extending about feet ou each side of the railroad track, and embracing the same, together with all the depots, stations, turnouts, switches and other improvements thereon and connected therewith, commencing at the point where such railroad track crosses the boundary line in entering the ward of the city of — or the town of and extending to the point where such track crosses the boundary line leaving such ward of the city of —, or the town of —, or to the point of termination in the same, containing acres more or less; and when thus described, with the blanks in such form properly filled, on the Comptroller's book of taxes, or advertised or sold for taxes, no other description thereof shall be deemed necessary; provided, that if the Comptroller shall believe that the interests of the State should be best subserved by selling the land in lots or divisions, he shall be empowered to direct such surveys or to create such maps as may be made from titles to the same, so as to enable him to sell such lots by description sufficient to convey title thereto.

§ 2. This act shall take effect immediately.

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CHAP. 108. Imprison. AN ACT to amend chapter two hundred and nine of the laws

of eighteen hundred and seventy-four, entitled "An act to amend an act passed April eighteenth, eighteen hundred and fifty-nine, entitled "An act to extend the provisions of an act authorizing the imprisonment of persons convicted of certain crimes in the counties of Montgomery and Oneida, in the Albany county penitentiary,'” passed April twelfth, eighteen hundred and fifty-eight, to all the counties in this State.

PASSED April 11, 1876 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section two of chapter two hundred and nine of the laws of eighteen hundred and seventy-four, entitled “An act to amend

Amending ch. 209. Laws 1874. 9 Edm. 874.

courts as to gen

an act, passed April eighteenth, eighteen hundred and fifty-nine, entitled An act to extend the provisions of an act authorizing the imprisonment of persons convicted of certain crimes in the counties of Montgomery and Oneida, in the Albany county penitentiary,'” passed April twelfth, eighteen hundred and fifty-eight, to all the counties in this State, is hereby amended so as to read as follows:

$ 2. It shall be the duty of every court, police justice, justice of the Duty of peace, or other magistrate, by whom any person may be sentenced, in the several counties of this State, for any term not less than sixty days, tences. for any crime or misdemeanor not punishable by imprisonment in the State prison, during the continuance of the agreement mentioned in the first section of this act, to sentence such person to imprisonment in such penitentiary, there to be received, kept and employed in the manner prescribed by law, and the rules and discipline of such penitentiary; and it shall be the duty of such court, justice or magistrate, by a warrant, duly signed by the presiding judge, or justice or clerk of such court, or by such justice or other magistrate so giving such sentence, to cause such person so sentenced, to be forth with and by the most direct route conveyed by some proper officer to such penitentiary.

$ 2. Section three of said act is hereby amended so as to read as follows:

§ 3. It shall be the duty of the sheriffs, deputy sheriffs, constables or Duty of policemen in and for the several counties of this State, to whom any constable Warrant of commitment for that purpose may be directed by any court etc. or magistrate in this act mentioned, to convey forth with such person 80 sentenced, to the penitentiary referred to in the second section of this act, and there deliver such person to the keeper of such penitentiary, whose duty it shall be to receive such persons, so sentenced, during the continuance of said agreement, authorized by the first section of this act, to be there safely kept and employed, according to the rules and discipline of such penitentiary; and the officers thus conveying such convicts, so sentenced, shall be paid such fees and expenses therefor, as the several boards of supervisors of the several counties of this State shall prescribe and allow.

§ 3. This act shall take effect immediately.

societies.

CHAP 110. AN ACT supplemental to chapter sixty of the laws of eighteen Religious

hundred and thirteen, entitled “An act to provide for the 3 Edm. 687. incorporation of religious societies," and of the several acts amendatory thereof.

PASSED April 11, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. It shall be lawful for any diocesan convention, presbytery Trustees classis, synod, annual conference, or other governing body having elected. jurisdiction over a number of churches, congregations or societies of any church or religious denomination in this State, now or hereafter to be constituted or established, and not already incorporated, at any stated meeting thereof, by a plurality of voices, to elect any number of

may be

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