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Third Dis- New York, now composed of the eighth, ninth and fifteenth wards thereof, shall, on and after the first day of January, eighteen hundred and eighty-two, be constituted and composed of the ninth and fifteenth wards of said city.

trict, bounda

ries of.

Jurisdiction of First District.

§2. On and after the first day of January, eighteen hundred and eighty-two, the jurisdiction of the district court, in the city of New York, for the first judicial district, shall extend over the first, second, third, fifth and eighth wards of said city, hereby constituted the said first judicial district; and on and after the said first day of January, eighteen hundred and eighty-two, the jurisdiction of the district court, in the city of New York, for the third judicial district, shall extend Third Dis- over the ninth and fifteenth wards of said city, hereby constituted the said third judicial district.

Jurisdic

tion of

trict.

Election

§ 3. At the general State election to be held in the city of New of justices. York, in the year eighteen hundred and eighty-one, justices shall be elected in and for the said first and third judicial districts, as the same are hereby constituted, in the same manner as the law now directs the justices of district courts in said city to be elected, who shall hold office for the term of six years from the first day of January, eighteen hundred and eighty-two.

Repealing inconsist

ent acts.

§ 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. But nothing in this act contained shall affect any action pending in either of said district courts on said first day of January, eighteen hundred and eighty-two, but such actions. shall proceed to judgment and execution as effectually as if this act had not not been passed.

§ 5. This act shall take effect immediately.

CHAP. 133.

Railroads. AN ACT to amend sections nine and twenty-eight of chapter one hundred and forty of the laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations and to regulate the same."

Amending ch. 140,

Laws 1850, 4 Edm. 617.

Capital stock, how

creased.

PASSED April 19, 1880.

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

SECTION 1. Section nine of chapter one nundred and forty of the laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations and to regulate the same," is hereby amended so as to read as follows:

§ 9. In case the capital stock of any company formed under this act may be in- is found to be insufficient for constructing and operating its road, such company may, with the concurrence of two-thirds in amount of all its stockholders, and the written approval of the State engineer and surveyor, until such time as there shall be appointed a board of railroad commissioners, and after that with the written approval of such board, increase its capital stock, from time to time, to any amount required for the purposes aforesaid. Such increase must be sanctioned by a vote in person, or by proxy, of two-thirds in amount of all the stockholders of the company, at a meeting of such stockholders, called by the directors of the company for that purpose, by a notice in writing

to each stockholder, to be served on him personally, or by depositing the same, properly folded and directed to him at the post-office nearest his usual place of residence, in the post-office, at least twenty days prior to such meeting. Such notice must state the time and place of the meeting, and its object, and the amount to which it is proposed to increase the capital stock. The proceedings of such meeting must be entered on the minutes of the proceedings of the company, and thereupon the capital stock of the company may be increased to the amount sanctioned by a vote of two-thirds in amount of all the stockholders of the company as aforesaid. A copy of such notice shall also be pub- Notice to lished within the county where the main office of such corporation he pubshall be located, once a week for four weeks prior to such meeting, in a newspaper to be designated by the State engineer and surveyor, until such time as a board of railroad commissioners shall be appointed, and after that time by such board, and in no case, and under no circumstances, shall any railroad company of this State increase its stock except upon the notice and with the approval herein provided. Any offi- Penalties cer or director of any railroad company violating the provisions of this for violasection shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment not less than six months and by fine not exceeding one thousand dollars.

§ 2. Section twenty-eight of said act is hereby further amended so as to read as follows:

§ 28. Every corporation formed under this act shall, in addition to the powers conferred on corporations in the third title of the eighteenth chapter of the first part of the Revised Statutes, have power

1. To cause such examination and surveys for its proposed railroad to be made as may be necessary to the selection of the most advantageous route; and for such purpose, by its officers or agents and servants, to enter upon the lands or waters of any person, but subject to the responsibility for all damages which shall be done thereto.

2. To take and hold such voluntary grants of real estate and other property as shall be made to it, to aid in the construction, maintenance and accommodation of its railroad; but the real estate received by voluntary grants shall be held and used for the purpose of such grant only.

lished.

tions.

May enter on lands pose of

for pur

survey.

May hold

voluntary grants of

real estate.

May pur and use

chase. hold

real estate.

3. To purchase, hold and use all such real estate and other property as may be necessary for the construction and maintenance of its railroad, and the stations and other accommodations necessary to accomplish the objects of its incorporation; but nothing herein contained. shall be held as repealing, or in any way affecting, the act entitled "An act authorizing the construction of railroads upon Indian lands," Indian passed May twelfth, eighteen hundred and thirty-six.

lands.

tion of

4. To lay out its road not exceeding six rods in width, and to con- Construcstruct the same; and for the purpose of cuttings and embankments, road. to take as much more land as may be necessary for the proper construction and security of the road; and to cut down any standing trees that may be in danger of falling on the road, making compensation therefor as provided in this act for lands taken for the use of the

company.

5. To construct their road across, along or upon any stream of water, water-course, street, highway, plank-road, turnpike, or across any of the canals of this State, which the route of its road shall intersect or touch; but the company shall restore the stream or watercourse, street, highway, plank-road and turnpike thus intersected or touched to its former state, or to such state as not unnecessarily to

May conacross any

struct road

stream, ca

nal and

highway.

obstruc

tion pro

hibited.

have impaired its usefulness. Every company formed under this act shall be subject to the power vested in the canal commissioners by the seventeenth section of chapter two hundred and seventy-six of the session laws of eighteen hundred and thirty-four. Nothing in this act Bridges or contained shall be construed to authorize the erection of any bridge, or any other obstructions across, in or over any stream or lake navigated by steam or sail boats, at the place where any bridge or other obstructions may be proposed to be placed; nor to authorize the construction of any railroad not already located in, upon or across any streets in any city, without the assent of the corporation of such city; nor to authorize any such railroad company to construct its road upon and along any highway, without the order of the supreme court of the judicial district in which said highway is situated, made at a special term of said court, after at least ten days' notice in writing of the intention to make application for said order shall have been given prohibited to the commissioners of highways of the town in which said highway consent of is situated.

Streets in cities not

to be used consent of

without

corporation.

Along

highways

with out

court. Amended by ch.

583, post, p.

Crossing

and intersection

with other railroads.

Conveyance of passengers

and property. Buildings

and stations.

Time and

transpor

tation.

6. To cross, intersect, join and unite its railroad with any other railroad before constructed, at any point on its route, and upon the grounds of such other railroad company, with the necessary turnouts, siding and switches and other conveniences in furtherance of the objects of its connections. And every company whose railroad is or shall be hereafter intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersections and connections, and grant the facilities aforesaid; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points and manner of such crossings and connections, the same shall be ascertained and determined by commissioners to be appointed by the court as is provided in this act in respect to acquiring title to real estate; and all companies whose railroads are or shall hereafter be crossed, intersected or joined, as aforesaid, shall receive from each other, and forward to their destination, all goods, merchandise and other property intended for points on their respective roads, with the same despatch, and at a rate of freight not exceeding the local tariff rate charged for similar goods, merchandise and other property received at and forwarded from the same points for individuals and other corpora tions.

7. To take and convey persons and property on their railroad by the power or force of steam or of animals, or by any mechanical power and to receive compensation therefor.

8. To erect and maintain all necessary and convenient buildings, stations, fixtures and machinery for the accommodation and use of their passengers, freights and business.

9. To regulate the time and manner in which passengers and prop manner of erty shall be transported, and the compensation to be paid therefor; but such compensation for any passenger and his ordinary baggage shall not exceed three cents per mile. The re-enactment of this provision shall not be construed as increasing the rate of passenger fare which any railroad of this State is now authorized to charge.

May bor

row money necessary for completion of road.

10. From time to time to borrow such sums of money as may be necessary for completing and finishing or operating their railroad, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure the payment of any debt contracted by the company for the purpose aforesaid; and the directors of the company may confer on any holder of any cond issued for money borrowed as aforesaid, the right to convert the

principal due or owing thereon, into stock of said company, at any time not less than two nor more than twelve years from the date of the bond, under such regulations as the directors may see fit to adopt; provided, however, that if the already authorized capital stock of such corporation, at the time such bonds may be issued, shall not be sufficient to meet such conversion when made the stockholders shall, before such issue and in the manner herein before provided, authorize an increase of capital stock to an extent sufficient to meet the deficiency.

§ 3. This act shall take effect immediately. Ante, vol. 4, pp. 619 and 627.

CHAP. 134.

banks.

AN ACT to amend chapter three hundred and seventy-one of Savings the laws of eighteen hundred and seventy-five, entitled "An act to conform the charters of all savings banks or institutions for savings to a uniformity of powers, rights and liabilities, and to provide for the organization of savings banks, for their supervision and for the administration of their affairs."

PASSED April 19, 1880.

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

SECTION 1. Section twenty-six of chapter three hundred and seventyone of the laws of eighteen hundred and seventy-five, entitled "An act to conform the charters of all savings banks or institutions for savings to a uniformity of powers, rights and liabilities, and to provide for the organization of savings banks, for their supervision and for the administration of their affairs," is hereby amended so as to read as follows:

§ 26. It shall be lawful for the trustees of any savings bank to invest the moneys deposited therein only as follows, namely: First. In the stocks or bonds, or interest-bearing notes, or obligations of the United States, or those for which the faith of the United States is pledged to provide for the payment of the interest and principal.

Second. In the stocks or bonds of this State bearing interest. Third. In the stocks or bonds of any State in the Union that has not, within ten years previous to making such investment by such corporation, defaulted in the payment of any part of either principal or interest of any debt authorized by any legislature of such State to be contracted.

Fourth. In the stocks or bonds of any city, county, town or village of this State issued pursuant to the authority of any law of this State, or in any interest-bearing obligations issued by the city or county in which such bank shall be situated.

Fifth. In bonds and mortgages on unincumbered real estate situate in this State and worth at least twice the amount loaned thereon, but not to exceed sixty per centum of the whole amount of deposits shall be so loaned or invested; but in case the loan is on unimproved and unproductive real estate the amount loaned thereon shall not be more than forty per centum of its actual value; and no investment in any bond and mortgage shall be made by any savings bank, except upon

Amending
Laws 1875.

ch. 371,

Manner in

which trustees

may lawfully invest moneys deposited.

the report of a committee charged with the duty of investigating the same, and who shall certify to the value of the premises mortgaged, or to be mortgaged, according to their best judgment, and such report shall be filed and preserved among the records of the institution.

Sixth. In real estate subject to the provisions of section twenty-nine of this act.

Ante, p. 121.

CHAP. 135.

New York. AN ACT to simplify the proof of the Sanitary Code in the city of New York.

Sanitary
Code.

Manufac

ture of salt.

Superintendent may allow salt to be manufac

tured with

out extrac

ting impu

rities, such salt to be branded as agricultural.

PASSED April 19, 1880; three-fifths being present.

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

SECTION 1. The Sanitary Code adopted and declared as such at a meeting of the board of health of the health department of the city of New York, held in the city on the second day of June, one thousand eight hundred and seventy-three, is hereby declared to be the Sanitary Code mentioned and described in section eighty-two of an act entitled "An act to reorganize the local government of the city of New York," passed April thirtieth, eighteen hundred and seventy-three, and in all courts of justice or judicial proceedings proof of the said Sanitary Code, and of the proceedings of such board of health in relation thereto, by the production of the book of minutes of such meeting held as aforesaid, or a transcript of the record of such proceedings duly authenticated by the secretary of the said board of health, shall be held and taken as complete and valid evidence of the said Sanitary Code, its due adoption, enactment and publication; and such Sanitary Code shall be deemed in full force and operative in the city of New York, save as duly modified or repealed by the said board of health. § 2. This act shall take effect immediately.

CHAP. 139.

AN ACT concerning the manufacture of salt and the inspec

tion thereof.

PASSED April 21, 1880; three-fifths being present.

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

SECTION 1. The superintendent of the Onondaga salt springs shall allow salt made from the brine of said springs to be manufactured on the Onondaga salt springs reservation, without extracting the bitterns or impurities from such salt; but all such salt, whether shipped loose, in bags, barrels or packages, shall be designated and branded as impure and agricultural salt.

§ 2. No salt which, under the rules and regulations now in force, is entitled to be inspected as first quality, shall be inspected until the same shall be called for to be immediately shipped from the manufactory where the same is made; but if any loose salt, or salt contained

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