Witnesses may be subpoenaed

Provision

married

by the court. The proceedings hereby authorised, may be had in the superior court of the city of New-York, or in the supreme court, and all motions to the supre ne court may be made at a general or special term thereof in the county in which the lands, real estate or property to be taken or affected shall lie, or in any other county. And when the proceedings are in the supreme court, the said commissioners shall file their said certificate in the county where the lands to be affected may lie, or in any county where such court shall at any time be held, and any clerk shall transfer the same and the proceedings connected therewith, to the clerk of the county in which the lands to be affected may lie, or of any county whenever such commissioners or clerk shall be so required by the said corporation, its agent or attorney. And when such proceedings are in the superior court of the city of New-York, such certificate and all proceedings thereon shall be filed in the clerks office of such court or in the clerks office of the county in which the lands, real estate or property to be affected may lie, which courts without further form or notice may hold a special term for this purpose at any time and place specified in any of the notices hereby prescribed, and may continue the same by adjournment as may be necessary.

§2. On the application of any party interested, any judge or justice of the peace may issue a subpoena, requiring witnesses to attend before such commissioners, and such subpœna shall have the same force and effect; and witnesses duly subpoenaed by virtue thereof, and refusing or neglecting to obey the same, shall be subject to the same penalties and liabilities as though such subpoena were issued from a court of record in a suit pending therein.

§3. In case any married woman, infant, idiot, habitual in case of drunkard or insane person, or any unknown owner, or owner women, &c not personally notified to appear, and who shall not appear after such notice on the appointment of commissioners, shall be interested in any such lands, real estate and property, the court shall appoint some proper person to appear before the said commissioners and act as attorney for and in behalf of such married woman, infant, idiot, habitual drunkard or insane person unknown owner or non-appearing owner, not personally served with notice.

§4. The twenty-eighth section of the act entitled "An act to authorise the construction of a railroad from New-York to Albany," passed May 12, 1846, shall hereafter apply and refer to the first and second sections of this act, in lieu of the section of said former act now in said twenty-eighth section referred to. No proceeding shall hereafter be commenced under the tenth section of the said act, passed May 12, 1846, as amended in and by the amendatory act for that purpose,

passed on the twentieth day of March, one thousand eight hundred and forty-seven; nor under the eleventh section of said first mentioned act. But all proceedings heretofore commenced under the same tenth and eleventh sections in which the jury has been sworn, may be continued by said corporation and prosecuted to their completion, according to the provisions of the same tenth and eleventh sections in the said original and amendatory acts.

be altered

5. If at any time after the location of the track of said Line may road, in whole or in part, and the filing of the map thereof, in certain it shall appear to the directors of said company that the line cases. in some part thereof may be improved, it shall be lawful for the said directors from time to time to alter the line and cause a new map to be filed in the office where the map shewing the first location is or shall be filed, and may thereupon proceed to take possession of the lands embraced in such new location, that may be required for the construction and maintenance of said road on such new line, and the convenient accommodations appertaining to the same, and acquire the same, either by agreement with the owner or owners, or by such proceeding as near as may be as are authorised under the preceding sections of this act, and use the same in place of the line for which the new line is substituted. Provided, however, that nothing in this section contained shall authorise the said company to make a new location of their track in any town, ward or place in which such location would not have been lawful under the fourth section of the act incorporating said company, and if the same is in the city of New-York, without the consent of the corporation of said city.

when cros

§ 6. Whenever the track of said railroad shall cross a road Provision or highway, such road or highway may be carried under or sing a road over the track, as may be found most expedient, and in cases or highway where an embankment or cutting shall make a change in the line of such road or highway desirable, with a view to a more easy ascent or descent, the said company may take such additional land for the construction of such road or highway on such new line as may be deemed requisite by said directors. Unless the lands so taken shall be purchased or voluntarily given for the purposes aforesaid, compensation therefor shall be ascertained in the manner above in the first and second sections of this act provided, as nearly as may be, and duly made by said corporation to the owners and persons interested in such lands, the same when so taken on compensation made to become part of such intersecting road or highway, in such manner and by such tenure as the adjacent parts of the same highway may be held for highway purposes.

of act of

7. The fourteenth section of the act incorporating said Amendm'ı company is hereby amended by striking out the words "the 1946. court of chancery" therein, and substituting therefor the

Fare.

Amendm't

of 9th sec

words "the supreme court of this state, sitting in any county where such roads shall be located or in any adjacent county." Nothing in the twenty-fifth section of the act hereby amended, shall be so construed as to prevent the Hudson river railroad company from crossing the road of the Albany and West Stockbridge Railroad Company upon the terms mentioned in the fourteenth section of the said act, as hereby amended for the purpose of uniting the track of the Hudson River Railroad, with the track of the Troy and Greenbush Railroad, as required by the twenty-sixth section of the act hereby amended.

§8. For any distance under five miles, the said company may charge not exceeding ten cents for each passenger.

§9. The ninth section of the act incorporating said company is hereby amended by inserting before the words "shall tion./ be held and used for those purposes only," the words "which voluntary grants and donations."

12th sec

10. So much of the twelfth section of the original act of repealed, incorporation as provides that no person shall be entitled to vote at any election by proxy, is hereby repealed.

Company

row

§ 11. The said company may borrow from time to time, may money after having called in and expended two millions of dollars of the capital stock of said company such further sum or sums of money as may be necessary to complete said road, in the whole not exceeding the sum of three millions of dollars so borrowed, and they are autorised to secure such loans by pledging and mortgaging the property of said company, or in such other manner as they shall deem expedient, and all monies so borrowed shall be applied to the construction of said railroad, and the putting the same into operation, and the directors may confer upon the holders of any bond they may issue, for any money so borrowed, the right to convert the principal at any time unpaid thereon, into stock of said company at any time within five years from the date of such bond, under such regulations as the directors may see fit to adopt, and for such purpose the said corporation may from time to time increase its capital stock to the amount required, not exceeding the sum so borrowed, whenever the holders of such bonds shall elect to convert the same into stock, and said company may at any time and from time to time, contract for work, labor and materials, in anticipation of obtaining such loans. § 12. This act shall take effect immediately.

CHAP. 31.

AN ACT to amend an act passed September 28, 1847, entitled "An act to amend the charter of the village of Whitehall."

Passed February 10, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

1. The third section of the act, passed September 28, Repeal. 1847, entitled "An act to amend the charter of the village of Whitehall," is hereby amended so as to read as follows: section eighth and the second and third subdivisions of section seventh, of the act, passed April 23, 1829, entitled "An act to amend an act to incorporate the village of Whitehall," passed March 30, 1820, are hereby repealed, and all acts and parts of acts relating to the village of Whitehall, inconsistent with the provisions of this act, are also hereby repealed.

§2. This act shall take effect immediately.

CHAP. 32.

AN ACT to amend an act entitled "An act authorising courts of equity to order the sale of rights of pre-emption to real estate, or chattels real, in certain cases," passed November 22d, 1847.

Passed February 10, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows :

§ 1. The first section of the act, entitle: "An act authorising courts of equity to order the sale of rights of preemption to real estate, or chattels real in certain cases," passed November twenty-second, one thousand eight hundred and forty-seven, is hereby amended by striking therefrom the words "such persons being minors or non-residents of this state," so that the said section shall read as follows:

supreme

solute sale.

In all cases where several persons are the owners, or claim Power of to be the owners of any real estate or chattels real, lying court to dewithin the bounds of the city and county of New-York, hav-cranb ing different estates, or estates in common therein, in possession, remainder or reversion, and which said persons shall by virtue of such ownership, or claim to such ownership, be entitled or claim to be entitled by law to a pre-emptive right, to have, take, or demand the grant or lease of any other land, or easement in land, from the mayor, aldermen, and commonalty of the city of New-York, the supreme court of this state shall have power, and such court is hereby vested with full power and authority, on the application of either of the said

Notice how long to be

owners, or of the said mayor, aldermen and commonalty of the city of new-York, to decree an absolute sale and conveyance of such right of pre-emption, and to make such disposition of the net moneys arising from such sale, after the payment of the costs and expenses of the proceedings as shall be just and proper, according to the rights and interests of the said several owners.

§2. The second section of said act is hereby amended so published. as to require the six months' notice therein provided for, in case of non-residents, to be published for three months successively twice in each week, in two of the daily papers published in the city of New-York; still requiring, however, that six months shall expire after the first publication of the said notice, before the application to the court in said act referred

Amount

to.

§ 3. This act shall take effect immediately.

CHAP. 33,

AN ACT to pay Russel B. Burch for costs and expenses incurred by him while acting as school commissioner for the town of New-Berlin.

Passed February 10, 1848, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The superintendent of common schools, is hereby authorised and required, on the application of Russel B. Burch, ascertain late commissioner of common schools in the town of New

due to

Burch to be

ed.

To be paid.

Appropriation.

Berlin, county of Chenango, to ascertain and determine the sum justly due to said Burch, for costs and expenses incurred by him in defending a suit brought against him by the trustees of school district number sixteen in said town of NewBerlin, for retaining the sum of seventy-three dollars and seventy-nine cents of the moneys apportioned to said district, in obedience to an order issued by the superintendent of common schools on the thirty-first day of March, eighteen hundred and forty-three, and when so ascertained the superintendent shall certify the amount thereof under his hand and seal, and file said certificate in the office of the comptroller.

2. Upon the making and filing of the certificate mentioned in the first section of this act, the treasurer shall pay, upon the warrant of the comptroller, to the said Russel B. Burch, the amount certified to be due by the first section of this act.

§3. The sum of six hundred dollars is hereby appropriated for the purposes of this act.

§4. This act shall take effect immediately.