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tions of other States.

and for such costs, expenses and charges as may appear to be just and lawful. If a receiver of the entire line of such railroad shall have been, or may hereafter be appointed by such court of competent jurisdiction of the State in which the greater part of the line of railroad is situated, such receiver may perform, within this State, the duties of his office not inconsistent with the laws of this State, and may sue and be sued in the courts of this State.

Powers of § 2. A corporation created under the laws of the State in which the greater part of the line of such railroad may be situated, for the purpose of taking title to and operating the entire line of railroad, so sold as provided in the preceding section, with its franchises and appurtenances, the judgment, decree and sale having been duly confirmed and approved, as therein provided, may hold, possess and operate that part of the line of such railroad lying in this State, and shall have all the rights and franchises theretofore possessed by the corporation executing the mortgage under which such judgment or decree and sale was made, and such as now are or may hereafter be conferred upon railroad corporations organized under the laws of this State, and shall be subject to the duties and liabilities to which such corporation was by the laws of this State subject, and to such further or other duties and liabilities as are now or may hereafter be imposed by law upon railroad corporations of this State, provided that an exemplified copy of the charter, certificate of incorporation or articles of association under and by virtue of which such corporation is created, and of the judgment or decree under which said entire line of railroad was sold, and a certified copy of the order or judgment or decree of confirmation and approval required by the preceding section, shall be filed in the office of the secretary of State for this State.

Wharfage

boats.

§ 3. This act shall take effect immediately.

CHAP. 510.

AN ACT to prescribe the rate of wharfage on clam and oyster boats in New York, Brooklyn and Long Island City.

PASSED June 16, 1879.

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

SECTION 1. It shall be lawful to charge and receive, within the cities on oyster of New York, Brooklyn and Long Island City, wharfage and dockage on every vessel of two hundred tons burden and under, which shall be actually engaged in the clam or oyster trade, and which shall make fast to any pier, wharf or bulkhead within said cities, or either of them, one and one-half cents per ton per day, and on every such vessel, which shall make fast to another vessel lying at any such pier, wharf or bulkhead, or to any vessel lying outside of such vessel, or that shall anchor within any slip or basin in said cities, one cent per ton per day; provided, however, that no vessel shall pay less than twenty-five cents nor less than one day's wharfage, nor shall more than one day's wharfage be charged unless for a continuous use of the pier, wharf, bulkhead, slip or basin of more than twenty-four hours.

§ 2. This act shall take effect immediately.

CHAP. 512.

lights.

AN ACT to authorize gas-light companies to use electricity Electric instead of gas for the lighting of streets, public places, and public and private buildings in cities, villages and towns within this State.

PASSED June 16, 1879; three-fifths being present.

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

compa

tricity.

SECTION 1. Any corporation duly organized under the act entitled Gas-light "An act to authorize the formation of gas-light companies," passed nies may February sixteenth, eighteen hundred and forty-eight, and the several use elecacts amendatory thereof, may use electricity instead of gas as the means of lighting streets, avenues, public parks and places, and public and private dwellings of cities, villages and towns within this State.

§ 2. Any such company, described in the first section hereof, shall have full power to carry on the business of lighting by electricity cities, towns and villages within this State, and the streets, avenues, public parks and places thereof, and public and private dwellings therein; and for the purposes of such business to generate and supply electricity, and to make, sell or lease all machines, instruments, apparatus and other equipment necessary therefor; and shall also have power to lay, erect and construct suitable wires or other conductors, with the necessary poles, pipes or other fixtures in, on, over and under the streets, avenues, public parks and places of such cities, towns or villages, for conducting and distributing electricity, with the consent of the municipal authorities thereof, and under such reasonable regulations as they may prescribe.

§3. The city of Brooklyn and the county of Kings are hereby exempted from the provisions of this act.

§ 4. This act shall take effect immediately.

Ante, vol. 3, p. 849.

CHAP. 513.

AN ACT to provide for the payment of pensions to widows New York or children of officers or members of the uniformed force of the fire department of the city of New York.

PASSED June 16, 1879; three-fifths being present.

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

sions to

phans of

SECTION 1. The trustees of the relief fund of the fire department of Payment the city of New York, created by chapter seven hundred and forty- of pentwo of the laws of eighteen hundred and seventy-one, and the acts widows amendatory thereof and supplementary thereto, are hereby authorized and orand empowered from time to time, to pay a pension out of the said members relief fund to the widow, child or children of any deceased officer or member of the uniformed force of the said fire department, as established in the city of New York by chapter two hundred and forty-nine of the laws of eighteen hundred and sixty-five, and the acts amenda

of fire department.

tory thereof and supplementary thereto, if the death of such officer or member occurred during his service in the said uniformed force, or after he was retired from service in said uniformed force under the provisions of section fourteen of chapter seven hundred and forty-two of the laws of eighteen hundred and seventy-one, and the acts amendatory thereof; provided that the amount of any such pension to be paid by the said trustees, to each of the several representatives of such officer or member as aforesaid (in case there shall be more than one), may be from time to time determined by the said trustees, according to the circumstances of each case, and that such pension may be ordered to cease and terminate at any time if, in the opinion of the trustees, the circumstances should warrant the same; and further provided that not more than three hundred dollars shall be paid in any one year to the representative or representatives of such officer or member, and that no part of such sum shall be paid to any such widow who shall marry again, after her re-marriage, or to any child after it shall have reached the age of sixteen years.

CHAP. 516.

New York. AN ACT to amend chapter four hundred and forty-five of the laws of eighteen hundred and seventy-seven, entitled "An act to provide for perfecting and perpetuating the right and title of the city of New York to property, water, water-rights and privileges heretofore taken or used, or which may be hereafter taken or used by said city to increase the supply of pure and wholesome water for the use of said city, and to provide for the payment and extinguishment of all claims or damages growing out of such taking or using."

Amending ch. 445, Laws 1877.

PASSED June 16, 1879; three-fifths being present.

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

SECTION 1. The title of the act entitled "An act to provide for perfecting and perpetuating the right and title of the city of New York to property, water, water-rights and privileges heretofore taken or used, or which may be hereafter taken or used by said city to increase the supply of pure and wholesome water for the use of said city, and to provide for the payment and extinguishment of all claims or damages growing out of such taking or using," Amending is hereby amended so as to read as follows: "An act to provide a further sup ply of pure and wholesome water for the city of New York, and to provide for perfecting and perpetuating the right and title of the city of New York to property, water, water-rights and privileges heretofore taken or used, or which may be hereafter taken or used by said city to increase the supply of pure and wholesome water for the use of said city, and to provide for the payment and extinguishment of all claims or damages growing out of such taking or using." § 2. The twenty-fourth section of the said act, hereby amended, is hereby amended so as to read as follows:

title.

Repeal.

§ 24. All acts and parts of acts inconsistent with this act are hereby repealed, provided that nothing herein contained shall at any time be understood, held or construed to repeal any part of chapter fifty-six of the laws of eighteen hundred and seventy-one, entitled "An act to provide a further supply of pure and wholesome water for the city of New York," passed February twenty-seventh, eighteen hundred and seventy-one, excepting the fourth section thereof, which is hereby repealed, nor to repeal the act amendatory of said act, passed April sixth, eighteen hundred and seventy-one, being chapter three hundred and twenty-eight of the laws of eighteen hundred and seventy

one.

§ 3. This act shall take effect immediately.
Ante, pp. 455, 464.

CHAP. 519.

AN ACT in relation to auctioneers in the counties of New York and Auction

Kings.

PASSED June 16, 1879; three-fifths being present.

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

eers.

sales in

counties.

SECTION 1. No auctioneer shall hereafter demand or receive for his services Fees on in selling at public auction, in the counties of New York or Kings, any real judicial estate directed to be sold by any judgment or decree of any court of this State New York a greater compensation or fee than fifteen dollars for each parcel separately and Kings sold; but where such sale is made at any public salesroom, said auctioneer may demand and receive such further amount not exceeding two dollars for each parcel separately sold as he may have actually paid for the privilege or right of making said sale in such salesroom as aforesaid, but where one or more lots are so sold at public auction with the privilege to the purchaser of taking one or more additional lots at the same rate or price, nothing herein contained shall be construed to prevent the auctioneer making such sale from demanding and receiving for his services the compensation or fee above allowed, for each additional lot taken by said purchaser under such option or privilege.

vided.

• § 2. No fees or compensation which any auctioneer receives or is entitled Fees not to receive on any sale under the provisions of the preceding section shall be to be didivided with, or any portion thereof either directly or indirectly allowed or paid to the receiver, referee, sheriff or other officer under whose direction such sale is made, or to any of the attorneys in the action or proceedings.

§ 3. Any person who shall violate any of the provisions of this act shall be Penalty. deemed guilty of a misdemeanor, and shall upon conviction be punished by a fine of not less than two hundred and fifty dollars and not exceeding five hundred dollars for each offense, and also by the revocation of his license as auctioneer.

§ 4. All acts or parts of acts inconsistent herewith are hereby repealed. § 5. This act shall take effect immediately.

CHAP. 522.

AN ACT further to amend chapter four hundred and four of the Canals. laws of eighteen hundred and seventy-seven, entitled "An act to provide for the disposition and sale of certain lateral canals of this State, and the lands, rights and other property connected therewith." PASSED June 18, 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. Section three of chapter four hundred and four of the laws of Amending eighteen hundred and seventy-seven, entitled "An act to provide for the dis- ch. 404. Laws 1877. position and sale of certain lateral canals of this State, and the lands, rights and other property connected therewith," is hereby amended so as to read as follows:

canals.

§ 3. It shall be the duty of the superintendent of public works, subject to Sale of lat the approval of the canal board as soon as practicable after the passage of this eral act, except as hereinafter provided, to advertise for sale and to sell the following property belonging to this State, namely: the Crooked Lake canal, its appurtenances and the water privileges connected therewith, provided the hydraulic action and the natural flow of the outlet of said lake shall not be diverted or changed, any of the provisions of this bill to the contrary notwithstanding; also, as soon after January first, eighteen hundred and eighty, as the canal board shall deem the best interests of the State, to advertise for sale and to sell that portion of the Chenango canal as described in section

Sale for

railroad or canal

two of this act, the Chemung canal and its feeders, branches and appurtenances and water privileges after the close of navigation in the year eighteen hundred and seventy-eight; and as soon after January first, eighteen hundred and eighty, as the said board shall deem the best interests of the State, the Genesee Valley canal, its feeders, branches, appurtenances. When the Chemung canal shall cease to be used as such, the water power, rights and privileges on the Chemung river so far as they were taken and appropriated for the purposes of the canal, shall revert to the person or persons from whom they were taken, or to their successors in interest, and in any sale of that canal, such rights shall be reserved; but no dam or any water privilege sold or conveyed by the State shall be of any greater height, or of less width of spillway than the same was originally built by the State.

§ 2. Section eleven of said act is hereby amended so as to read as follows:

§ 11. Whenever the said superintendent shall ascertain that the prism and banks of either of said canals, or any considerable portions purposes. of either, are desired by responsible parties, or a responsible corporation or corporations, as a bed for the construction of a railroad, or for the continuance of the same as a canal, and that the same can be sold on as favorable terms and for as large an amount therefor as for other purposes, or where the use thereof is deemed for the interests of the locality through which the canal runs, the said superintendent is hereby authorized to sell after January first, eighteen hundred and eighty, either or any such portion of either of said canals for such railroad or canal purposes on obtaining proper security that the same shall be so constructed within three years from the sale thereof, and proper guarantees that the same shall be used and operated for the purpose indicated in this section, any thing herein before contained to the contrary notwithstanding. All action by the superintendent under this act shall be only with the consent and approval of the canal board.

§ 4*. This act shall take effect immediately.
Ante, pp. 430, 632.

Protection of tax payers.

Amending ch. 161, Laws 1872.

CHAP. 526.

AN ACT to amend chapter one hundred and sixty-one of the laws of eighteen hundred and seventy-two, entitled "An act for the protection of tax payers against the frauds, embezzlements and wrongful acts of public officers and agents."

PASSED June 19, 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 one hundred and sixty-one of the laws of eighteen hundred and seventy-two, entitled "An act for the protection of tax payers against the frauds, embezzlements, and

*So in the original.

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