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CHAP. 18.

Laws 1850.

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 :

SECTION 1. Section five of chapter five hundred and sixty of the laws Amending of eighteen hundred and fifty, entitled "An act to anthorize 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 £eventy-seven, is amended so as to read as follows:

§ 5. Corporations may be formed under the act entitled “ An act to Narrow authorize the formation of railroad corporations and to regulate the guare

. 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 med. has been in good faith subscribed, and whenever one thousand dollars or more for every mile of such railroad proposed to be coustructed 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, pro- of articles vided 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 hereinabove mentioned, except as herein provided, or otherwise provided by law.

$ 2. Section six of said act is hereby amended so as to read as fol. lows:

$ 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 way, how 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 Proviso. 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.

engine exceeding eighteen tons weight, or run at a greater speed than fifteen miles per hour.

§ 3. This act shall take effect immediately. Ante, p. 382, vol. 3, p. 617, vol. 9, pp. 99, 325. 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.

CHAP 805

.

Justices of peace.

Amending ch. 276, Laws of 1846.

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 fide. 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., SS 3024 and 3027.

Execution
after ex-
piration
of term.

CHAP 806.

AN ACT in relation to infectious and contagious diseases of Diseases

animals.

among 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:
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 Conceal. his 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. $ 3. To enable the governor to carry out the provisions of this act, Appropria

. and the provisions of chapter one hundred and thirty-four of the laws tion 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.

ing existence of

CHAP.80. .

tion for

tion.

Court to investigate.

Corrupt AN ACT to provide for the summary investigation of unlaw. expenditures by

ful or corrupt expenditures by officers of towns or incorpomunicipal rated villages and for restraining the same. officers.

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: Applica

SECTION 1. If twenty-five freeholdors in any town or incorporated

village in the State shall present to any justice of the supreme court investiga

having jurisdiction therein an affidavit subscribed and sworn to by themselves, setting forth that they are freeholders, and have paid taxes on real estate within one year, and that they have cause to believe that

the moneys of such town or incorporated village are being unlawfully Notice.

or corruptly expended, it shall be the duty of such justice, upon ten days' notice to the supervisor or supervisors where there are more than one and the particular disbursing officer if any making the expendi

ture of such town or the trustees and treasurer of such incorporated Justice village, to make a summary investigation into the financial affairs of Supreme

such town or incorporated village, as the case may be, and the accounts of such disbursing officers or treasurer as the case may be and at his

discretion he may appoint an expert or experts to make such investiExperts.

gation, and may cause the results thereof to be published in such man.
ner as he

may
deem
proper.

It shall be the duty of the supervisor or supervisors and disbursing officer of such town, or the trustees and treasurer of such incorporated village, as the case may be, to obey all

orders of such justice directed to them, for facilitating such investiCupervis- gation, and any refusal or failure by said supervisor or supervisors or

trustees to obey such orders may be punished as for contempt; the

costs incurred in such investigation shall be taxed by said justice, and paid. paid upon his order by such supervisor or supervisors or trustees, as

the case may be, whose expenditures shall be thus investigated, when the facts charged in such affidavit shall be substantially proved by such investigation, and by the freeholders making such affidavit, when

the facts charged therein shall not be proved by such investigation. Restoring $ 2. Upon the said justice becoming satisfied that any of the unlawful expendi- moneys of such town or incorporated village are being unlawfully or

corruptly expended and being appropriated to purposes to which they are not properly applicable or are improvidently squandered or wasted, he shall forthwith grant an order restraining and prohibiting such unlawful or corrupt expenditure, appropriation, squandering or waste of such moneys, under penalty for disobedience of fine or imprisonment, or both, in the discretion of the court.

8 3. This act shall take effect immediately.

Publication of result.

ors, etc.,
to obey
orders.
Costs, how

tures.

CHAP 809

AN ACT relative to the propagation of trout in the streams Trout.

of the various counties of this State.

PASSED May 17, 1879.

tion of.

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

SECTION 1. It shall be the duty of the commissioners of fisheries of Propagathe State of New York to examine the streams of water in the various counties of this State, and to take reasonable steps for the propagation of trout in such streams as in their judgment can be rendered more productive.

$ 2. The governor is authorized to appoint a resident of the counties Additional of either Kings, Queens or Suffolk, an additional member of the com- commismissioner of fisheries of the State of New York, and to supply his isheries. place, should a vacancy occur therein, as provided in chapter fire hundred and sixty-seven of the laws of eighteen hundred and seventy.

8 3. Nothing herein contained shall authorize the expenditure of Expendiany moneys in excess of the appropriation duly made for the purposes tures of the fisheries commission.

Ante, vol. 7, pp. 306, 759.

CHAP. 810.

teries.

AN ACT to prevent the sale of lands used for cemetery Ceme

purposes.

PASSED May 17, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. No land actually used and occupied for cemetery pur- Lands poses shall be sold under execution or for any tax or assessment, por used 6. shall such tax or assessment be levied, collected or imposed, nor shall sold on it be lawful to mortgage such land or to apply it in payment of debts so long as it shall continue to be used for such cemetery purposes.

gaged. § 2. Whenever any such land shall cease to be used for cemetery Lien after purposes, any judgment, tax or assessment which, but for the provi- use has sions of this act, would have been levied, collected or imposed, shall, thereupon forth with, together with interest thereon, become and be a lien and charge upon such land and collectible out of the same.

$ 3. The provisions of this act shall not apply to any lands held by Limitathe city of Rochester.

execution or mort

ceased.

& 4. This act shall take effect immediately. Ante, vol. 3, pp. 745, 748--9; vol. 7, p. 468.

tion.

See Lantz v. Buckingham, 11 Abb. Pr. (N. S.) 64; Matter of Evergreen Cemetery, 47 N. Y. 216; Buffalo City Cemetery v. Buffalo, 46 id. 603, 506; Louisville v. Nevin, 19 Am. Rep. 78; S. C., 10 Bush, 549; 8 Abb. N. C. 159, 165.

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