to be ap. pointed. 1. The recorder's court of the city of Buffalo, upon applica- Appraisers tion of the president and directors of the company, shall by an order to be entered in the minutes of the court, appoint three disinterested freeholders of the county of Erie, as appraisers of the damages sustained by the owners of such lands, but such appraisers shall not be residents of any town through which the road passes. 2. The said appraisers shall then proceed in the same man- Their duty. ner as turnpike road appraisers are directed to proceed by subdivision numbers two, three, four, five, six and seven, of section twenty-six, article two, chapter eighteen, title one, part one, of the Revised Statutes, with the exception that their acknowledgment required to be taken by subdivision number seven may be made before any officer authorised to take acknowledgments of deeds in the county of Erie. to be § 2. On payment by the company of the damages assessed, or Land when on legal tender thereof, if refused, to the owners of lands or to postheir local agents, if they reside out of the county of Erie, it shall be possessed of such lands for the purposes of their road during its corporate existence. certain cases § 3. In case any of the owners of land so to be appraised shall Notice to be reside out of the state of New York, notices required to be served served in on them by the appraisers, may be served on their local agents in the city of Buffalo, who have charge of such lands; and notices may be served on owners residing out of the county of Erie, but in the state of New York, by sending them with their proper address through the post office to their respective places of residence. § 4. This act shall take effect immediately. Chap. 75. AN ACT to amend “an act relating to the New-York and Harlem Railroad Company, passed May 7, 1840, and the acts amending the same." Passed March 6, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Time exten § 1. The time limited by the "Act in relation to the NewYork and Harlem Railroad Company," passed May 11, 1846, ded. in which the said company is required to complete and put in operation the whole of their road, as contemplated by the act hereby amended, is hereby extended from the thirty-first day of December, one thousand eight hundred and forty-nine, to the thirty-first day of December, one thousand eight hundred and fifty-two. stock may Capital § 2. For the purpose of completing their road to the Hudson be increased. river, opposite to the city of Albany, or to any other point in the counties of Columbia or Rensselaer, so as to form a junction with any other road leading to a point on the Hudson river opposite to the city of Albany, and also for the purpose of constructing such turnout and branch tracks, station and engine houses, and other equipments, as the exigencies of the business may demand, and their charters may authorise and permit, the said company are hereby authorised to increase their capital stock to an amount not exceeding in the whole five millions of dollars, to be issued at such times, in such manner, and with such rates of dividend or interest as the board of directors may prescribe, to be paid out of the earnings of the road when the same shall be completed as aforesaid; and in the meantime the said company is hereby further authorised, if the board of directors shall deem it expedient, to borrow such sums of money from time to time as may be required for the purposes aforesaid, not exceeding in the whole two millions of dollars, at a rate of interest not exceeding seven per centum per annum, payable quarterly or semi-annually, and may give to the holder of any bond or evidence of debt, which may be issued by the company for any part of the loans hereby authorised, the privilege of converting the same into the stock to be issued under this act, at or before the maturity of such loans. And the said company may secure the payment of the loans hereby authorised, by mortgage of any part of their real or personal estate, as the board of directors may deem expedient: Provided, however, that nothing in this act contained shall be held or construed to affect or impair the covenants and agreements for the issue of one million five hundred thousand dollars of preferred stock under the act of March twenty-nine, one thousand eight hundred and forty-eight, which are hereby ratified and confirmed. Branches York. § 3. The said company is hereby authorised to construct the may be made branch from their road to the Hudson river, authorised in their in the city of New original charter from any point on their road north of Twentyseventh street, to any point upon the Hudson river which may be designated and permitted by the corporation of the city of New-York; and also to construct a like branch from their said road to the East river, at such point as may be designated and permitted by the corporation of the city of New-York. § 4. This act shall take effect immediately. Chap. 76. AN ACT to designate the time of holding Courts of Sessions of the County of Albany. Passed March 6, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: where to be § 1. The Courts of Sessions of the city and county of Albany Courts may be held at the times and places at which the general terms held. of the County Courts are by law appointed to be held, and may continue as long as the Court deem necessary. § 2. This act shall take effect immediately. Chap. 77. AN ACT to pay John Ferris for the loss of a horse, while acting in obedience to the direction of the sheriff of the county of Del eware. Passed March 6, 1849, "three fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: paid to J. § 1. The board of supervisors of the county of Delaware, at Money to be their next annual meeting, are hereby directed to pay John Fer- Ferris. ris, of Roxbury, in the said county, or his legal representatives, from the treasury of said county, the sum of one hundred and ten dollars, for the damages sustained by him in the loss of a horse while in the service, and under the direction of the sheriff of the said county, on the fifteenth day of March, one thousand eight hundred and forty-five, for the purpose of conveying certain prisoners to the jail in said county; and the said board of supervisors are hereby directed to raise the sum of one hundred and ten dollars by a tax on the said county of Delaware. Money may Chap. 78. AN ACT to authorise the trustees of School District number one, in the town of German Flatts, to borrow money to build a school house. Passed March 6, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The trustees of school district number one, in the town of be borrowed. German Flatts, in the county of Herkimer, are hereby authorised to borrow a sum of money not exceeding one thousand and twelve dollars and fifty cents, payable in four equal annual instalments, with interest, and to expend the same in building a school house in said district, according to the plans heretofore adopted at a special meeting of the taxable inhabitants thereof, which house shall be built under their direction. To be raised by tax. nal may be opened. § 2. The trustees of said district and their successors in office, are also authorised to raise by tax, on the taxable inhabitants of said district, such sum or sums of money over and above the collector's fees thereon, as will be sufficient to pay the principal and interest of the above loan and instalments as the same shall become due and payable, which said moneys so raised, shall be applied to the payment of the aforesaid loan. §3. This act shall take effect immediately. Chap. 79. AN ACT to authorise the construction of a canal in the city of Passed March 6, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Gowanus ca- § 1. It shall and may be lawful for the mayor and common council of the city of Brooklyn, and they are hereby authorised and empowered to lay out and open a canal in said city, to be called the Gowanus canal, upon the following lines and courses, to wit: The northerly side of said canal shall commence on the northwesterly side of Hamilton avenue at a point two hundred and fifty feet northwesterly from First avenue measured at right angles with said First avenue, thence running northeasterly parallel with First avenue to the northerly side of Seventh street, thence running easterly along the arc of a circle of seven hundred feet radius to a point distant southerly from the southerly side of the First avenue one hundred feet and distant northerly from the northerly side of Fifth street seventy-five feet, thence from said point in a straight line to a point in the centre of Second avenue distant fifty feet northerly from the northerly side of Fourth street, thence northeasterly along said centre line of Second avenue to the southwesterly line of First street, thence northeasterly to a point on the northeasterly side of Carroll street three hundred feet southeasterly from the southeasterly corner of Bond and Carroll streets, thence northeasterly parallel with Bond street to Butler street, and the southerly side of said canal shall be parallel with the side just described and one hundred feet therefrom the above description having reference to the streets and avenues named therein, as the said streets and avenues are laid down upon the map of the commissioners appointed to lay out streets, avenues and squares in the city of Brooklyn. Basin may § 2. The said mayor and common council shall also have power be constructto construct a basin at the termination of said canal, which basin ed. shall be bounded as follows: Beginning at a point upon the southerly side of Butler street distant two hundred feet easterly from Bond street, running thence easterly along the said southerly side of Butler street three hundred feet, thence southerly parallel with Bond street two hundred and sixty feet, thence westerly parallel with Butler street three hundred feet, thence northerly parallel with Bond street two hundred and sixty feet to the place of beginning. estimate the lands re quired. § 3. Whenever a petition for opening and constructing such Assessors to canal shall be presented to the common council, they shall before value of the taking any proceedings thereon, designate two or more of the assessors elected in and for said city, who shall not be interested in any land to be assessed for said improvement, who shall estimate as nearly as may be, the value of the lands which will be required for said improvement, and shall lay out a district within which the assessments to be levied for epening, excavating and constructing said canal shall be confined, and shall report such estimate and district to the said common council. In laying out said district, the said assessors shall have regard to the territory, the surface waters of which would be drained into said canal when the same shall be completed, and may, if they shall deem it just and right, extend such district over the whole of such territory. The said common council shall also procure from one or more competent engineers full and complete specifications for the excavation and construction of said canal, including bridges at as many of the streets crossing the same as they may deem necessary, and for a sufficient number of self-acting flushing gates to keep the said canal clean and healthy, if they shall deem such gates necessary, and shall then procure from one or more competent and responsible contractors, estimates and bids for the construction of such canal, bridges, gates, and all necessary appurtenances, to the end that the entire cost of the contemplated improvement may be known; after which if the said mayor and common council shall deem it expedient to make the said improvement, they shall cause a notice to be published in the corporation news |