CHAP. 289. AN ACT in relation to the annual reports of colleges and acad- Colleges emies to the regents of the university. PASSED May 15, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: and acade mies. SECTION 1. Every college and academy, subject to the visitation of When to the regents of the university, shall make up its annual report and report. transmit the same to the secretary of the regents on or before the first day of October, in each year. §2. This act shall take effect immediately. CHAP. 290. Corpora ANACT to amend chapter one hundred and forty-nine of the laws of eighteen hundred and seventy-four, entitled "An tions. act to amend an act, passed April twenty-seventh, eighteen hundred and seventy-two, entitled 'An act to amend chapter six hundred and fifty-seven of the laws of eighteen hundred and seventy-one, entitled An act to amend an act, passed February seventeenth, eighteen hundred and forty-eight, entitled An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes, passed April twentieth, eighteen hundred and seventy-one. PASSED May 15, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Amending SECTION 1. The first section of the act, entitled "An act to authorize the formation of corporations for manufacturing, mining, ch. 149, mechanical or chemical purposes," passed February seventeenth, Laws 1874. eighteen hundred and forty-eight, as amended by chapter two hundred and sixty-two of the laws of eighteen hundred and fifty-seven, as amended by section two of chapter six hundred and fifty-seven of the laws of eighteen hundred and seventy-one, as amended by chapter four hundred and twenty-six of the laws of eighteen hundred and seventy-two, as amended by chapter one hundred and forty-nine of the laws of eighteen hundred and seventy-four, is hereby amended so as to read as follows: turing, mechani § 1. At any time hereafter any three or more persons, who may de- Incorporasire to form a company for the purpose of carrying on any kind of tion of manufacturing, mining, mechanical or chemical business, or the busi- manufacness of printing and publishing books, pamphlets and newspapers, or mining. the business of making butter, cheese, concentrated or condensed milk, cal or or any other products of the dairy, or the business of erecting build- other. ings for church sheds, or laundry purposes, and the carrying on of laundry business, or the business of slaughtering animals, or the supplying of hot water, or hot air or steam for motive power, heating, cooking or other useful applications in the streets and public and private buildings of any city, village or town in this State, may make, sign and acknowledge, before some officer competent to take the acknowledgment of deeds, and file in the office of the clerk of the county in which the business of the company shall be carried on, and a duplicate thereof in the office of the secretary of State, a certificate in writing, in which shall be stated the corporate name of the said company, and the objects for which the company shall be formed, the amount of capital stock of said company, the time of its existence (not to exceed fifty years), the number of shares of which the said stock shall consist, the number of trustees and their names, who shall manage the concerns of said company for the first year, and the name of the town and county in which the operations of the said company are to be carried on. § 2. This act shall take effect immediately. (ch. 262), see vol. 3, p. 743. For the original act (L. 1848, ch. 40), see vol. 3, p. 733. The effect of the above amendment is to insert after the words "slaughtering animals," (act of 1874), the words "or the supplying of hot water; or hot air," etc.; and to omit after the word "newspapers" the words, "or the business of preserving or dealing in meats." The first section of the act of 1874 was also amended by ch. 374, of L. 1877, the amendment consisting of inserting after the words "slaughtering animals," the words "or for the purpose of towing or propelling canal boats," etc. (see p. 595, ante), -a clause not in the above act, and probably for the reason that in drawing it the act of 1877 was overlooked. The clause has however been restored, and the acts of companies formed under it legalized by ch. 241, L. 1880, post. p. 957. - CHAP. 293. AN ACT to amend sections five and six of chapter five hun- Railroads. dred and sixty of the laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations and to regulate the same as amended by chapter one hundred and three of the laws of eighteen hundred and seventy-seven." PASSED May 15, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Amending Laws 1850. SECTION 1. Section five of chapter five hundred and sixty of the laws of eighteen hundred and fifty, entitled "An act to authorize the forma- ch. 560, tion of railroad corporations and to regulate the same as amended by chapter one hundred and three of the laws of eighteen hundred and seventy-seven, is amended so as to read as follows: roads. may be 5. Corporations may be formed under the act entitled "An act to Narrow authorize the formation of railroad corporations and to regulate the guage same," passed April second, eighteen hundred and fifty, for the purpose of constructing and operating railroads for public use in transporting persons and property, of the gauge of three feet and six inches or less, but not less than thirty inches within the rails; whenever cap- When ital stock of said corporation to the amount of one thousand dollars articles for every mile of such railroad proposed to be constructed and operated fled. has been in good faith subscribed, and whenever one thousand dollars or more for every mile of such railroad proposed to be constructed shall be in like manner subscribed, and ten per cent thereon in good faith actually paid in cash to the directors named in the articles of association, and an affidavit made by at least three of said directors and indorsed on or annexed to said articles that the amount of stock hereby required has been so subscribed as aforesaid, and ten per cent thereon paid as aforesaid, and that it is intended in good faith to construct and operate such railroad, then said articles with such affidavit Contents may be filed and recorded in the office of the secretary of State, provided said articles contain all the other facts required by law to be stated in articles of association made for organizing railroad corporations under said act entitled "An act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty, except the amount of the capital stock of Amount the company stated in said articles shall not be less than three thou- of capital. sand dollars for every mile of road constructed or proposed to be constructed, and all of the provisions of said last-mentioned act shall apply to corporations formed for the construction and operating of railroads of the gauge herein above mentioned, except as herein provided, or otherwise provided by law. 2. Section six of said act is hereby amended so as to read as follows: of articles way, how § 6. Any railroad company duly organized according to law when Right of the gauge of its proposed railroad shall be three feet and six inches or acquired. less, but not less than thirty inches within the rail, may, whenever two thousand dollars for every mile of road to be constructed has been in good faith subscribed and ten per cent thereon paid in good faith in * So in the original. Rails Fare. cash, apply to the supreme court, in the manner provided by law, for the appointment of commissioners, and all subsequent proceedings may be had to obtain the title of lands necessary for the construction and maintenance and operating said railroad to the same extent and in the same manner as if the whole amount of the capital stock, specified in its articles of association, was in like manner subscribed and ten per cent thereon in like manner paid in cash; and may lay upon such road, iron of a weight not less than twenty-five pounds to the lineal yard; such railroad company may charge and receive, when its road is not more than twenty-five miles in length, not exceeding five cents per mile; when its road is more than twenty-five and not more than forty miles in length, not exceeding four cents per mile, and when its road is more than forty miles in length, not exceeding three cents per mile for each passenger and his ordinary baggage transported on said road, providing that nothing relating to fares in this section shall apply to railroad companies now incorporated or to any railroad now in operation, or to any railroad or part thereof located or to be located in the county of Kings, or within the limits of any incorporated city. Weight of And it is further provided that such railroad company shall not use an engine exceeding eighteen tons weight, or run at a greater speed than fifteen miles per hour. Proviso. engine. § 3. This act shall take effect immediately. The act intended to be amended by the above act is ch. 560 of the Laws of 1871. The act of 1850, of which the title and date of passage are correctly cited under "section 5" above, is ch. 140 of that year. Justices of peace. Amending ch. 276, Laws of 1846. Execution after expiration of term. CHAP. 305. AN ACT to amend chapter two hundred and seventy-six of the laws of one thousand eight hundred and forty-six, entitled "An act extending the powers of a justice of the peace as to issuing executions after the term of his office has expired." PASSED May 17, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter two hundred and seventy-six of the laws of one thousand eight hundred and forty-six, entitled "An act extending the powers of a justice of the peace as to issuing executions after the term of his office has expired," is hereby amended so as to read as follows: § 1. Any justice before whom any judgment shall have been entered, and whose term of office shall have expired, may issue or renew executions on any such judgment after the expiration of his said office, at any time within five years from the time said judgment shall have been rendered, subject, however, in other respects to the provisions as to issuing executions on justices' judgments. § 2. This act shall take effect immediately. Ante, vol. 4, p. 548. Amended so as to lengthen time from two years to fire. Ch. 276. L. 1846, was repealed by Repealing Act of 1880, post, p. 958, sec. 1, subd. 23; but this act seems not to have been repealed (ib., sec. 3, subd. 9), unless by implication. See Co. Civ. Proc., §§ 3024 and 3027. CHAP. 306. AN ACT in relation to infectious and contagious diseases of Diseases animals. PASSED May 17, 1879; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: among animals. infected SECTION 1. Whenever in his judgment, for the more speedy and Governor economical suppression, or for preventing the spread of any infectious may cause or contagious disease of domestic animals, the public welfare shall be animals to promoted thereby, the governor shall have, in addition to the powers be killed. conferred upon him by chapter one hundred and thirty-four of the laws of eighteen hundred and seventy-eight, the power to cause to be slaughtered, and to be disposed of afterwards as in his judgment may be expedient, any animal or animals which, by contact or cohabitation with diseased animals, or by other exposure to infection or contagion, may be considered or suspected to be liable to contract or to communicate the disease sought to be suppressed or to be prevented from spreading. § 2. Whenever any animal shall be slaughtered under any order of the governor, for the purpose of suppressing or of preventing the spread of any infectious or contagious disease, the compensation to be made by the State to the owner shall be computed upon the basis of allowing for any diseased animal the actual value, if any, at the time of slaughter; for any animal that has been kept in the same stable, pen, field, pasture or yard with a diseased animal, two thirds of the sound value; and in the case of any other animal so slaughtered, the full value at the time of slaughter, without regard to the depreciation due to exposure or suspicion of exposure to infection or contagion, provided, however, that if the carcass of any animal so slaughtered shall be sold for more than the amount which the owner would be entitled to receive as compensation as aforesaid, the excess shall be paid to such owner, and provided further that no compensation shall be made under the provisions of this section, or otherwise to any person who shall willfully have concealed the existence of disease among Concealhis animals or upon his premises, or who shall, in any way by act or by willful neglect, have contributed to the spread of the disease sought disease. to be suppressed or prevented from spreading. ing exist ence of tion. § 3. To enable the governor to carry out the provisions of this act, Appropriaand the provisions of chapter one hundred and thirty-four of the laws of eighteen hundred and seventy-eight, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated, payable on the warrant of the comptroller on vouchers therefor to be approved by the governor. § 2. This act shall take effect immediately. Ante, p. 539. |