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the land described in it is situated, and thereupon and on the payment or deposit by the company, of the sums to be paid as compensation for the land, and for costs, expenses and counsel fees as aforesaid, and as directed by said order, with interest from the date thereof, the company shall be entitled to enter upon, take possession of and use the

said land for the purposes of its corporation, during the continuance Its effect. of its corporate existence, by virtue of this or any other act; and all

persons who have been made parties to the proceedings shall be divested and barred of all right, estate and interest in such real estate

during the corporate existence of the company as aforesaid. If the When the company shall neglect to have such order recorded and to make the

payment or deposit as herein provided, for the period of ten days after

the date of such order, any party to such proceedings and interested recorded. therein may, at his election, cause a certified copy of the said order to

be recorded as aforesaid, and thereupon the moneys therein directed to be paid, with interest thereon from the date of said order, shall be a debt against the company, and the same shall be a lien on such real estate and may be enforced and collected by action at law or in equity in the Supreme Court with costa, except nevertheless, the company may abandon such proceedings by filing within thirty days, after notice in writing, of such recorded order, in the office of such clerk, a notice of its determination to do so, and paying the reasonable costs and expenses of such party to be ascertained and adjusted, on motion by the court, making such order. But, in case of such abandonment, the company shall not renew proceedings to acquire title to such lands

without a tender or deposit in court of the amount of said award and Real estate the interest thereon. All real estate acquired by any company under

and pursuant to the provisions of this act, for the purposes of its incorquired for public use. poration, shall be deemed to be acquired for public use. Within Appeals. twenty days after the confirmation of the report of the commissioners,

as provided for in the seventeenth section of this act, either party may appeal, by notice in writing to the other, to the Supreme Court, from the appraisal and report of the commissioners. Such appeal shall be heard by the Supreme Court at any general or special term thereof, on such notice thereof being given according to the rules and prac

tice of said court. On the hearing of such appeal the court may direct appraisal.

a new appraisal, before the same or new commissioners in its discretion; the second report shall be final and conclusive on all the parties interested. If the amount of the compensation to be paid by the company is increased by the second report the difference shall be a lien on the land appraised, and shall be paid by the company to the parties entitled to the same, or shall be deposited in the bank, as the court shall direct; and if the amount is diminished the difference shall be refunded to the company by the party to whom the same may have been paid, and judgment therefor may be rendered by the court on the filing of the second report, against the party liable to pay the same. Such appeal shall not affect the possession by such company of the land appraised, and when the same is made by others than the company, it shall not be heard, except on a stipulation of the party appealing not to disturb such possession.

§ 2. Whenever any land required by a railroad company for the purland poses

of its road, is contained in, or forms a part of any street or avenue required in any city or village in which the owners of adjoining lands on the forms part

line of such street or avenue claims a right of property or the fee 97 N. Y. 249. thereof, in such case the notice to be given of the application for the

appointment of commissioners under the special proceedings under

When heard.

New

Votice when the

of street.

the act to acquire title to such land as well as the notice of hearing before such commissioners shall be served by the publication of the said notice twice each week, for three weeks, in at least two newspapers published in the county in which such city or village is located, to be designated by the court to which the said application is to be made.

$ 3. This act shall take effect immediately.

CHAP 201.
AN ACT to prevent frauds in the sale of staterooms, berths and

tickets upon steamboats, and steamships, and other vessels. PASSED May 4, 1876 ; [three-fifths being present), without the approval of the

Governor, pursuant to provision of section nine of article four of the Constitu. tion.

The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. No person shall sell or offer to sell, within the limits of Sale of

berths, this State, any berth, stateroom, or right to the same, or either of them, tickets, or any right of passage, on any steamboat, steamship, vessel or line, etc. except an agent duly authorized and appointed as hereinafter provided by the person or persons, company or companies, owning or running the same. Nor shall any person, except such an agent as aforesaid, sell or attempt to sell, within the limits of this state, any ticket, instrument or token, giving or granting, or purporting to give or grant, to any one the use of any berth, stateroom or place on any steamboat, steamship or other vessel, nor shall any person sell or attempt to sell any berth or stateroom ticket or any stateroom key, or the right to use the same, or the right to use any berth or stateroom, or any part thereof, upon any steamboat, steamship or other vessel, at a price or for a sum greater than that charged at the time of such sale, by those owning or running such steamboat, steamship or other vessel, for or upon which the same were sold. No person shall be deemed a duly authorized agent as aforesaid unless he shall have been appointed by instrumentin writing which shall designate the name of the company, line, steamboat, steamship or vessel for which he shall act as agent, together with the street and number of the street, and the city, town or village in which his office shall be kept for the sale of such tickets, tokens or instruments; and he shall be required, in any case of inquiry or examination into his authority, to show the same affirmatively. But if any person shall nave bought any ticket in good faith for his own passage, and shall have been prevented from using the same, he shall be permitted to sell such ticket at the regular rate established therefor, to any other bona fide purchaser for his own use, and upon proof of such facts, he shall not be held to have violated this act.

§ 2. Every person violating any of the provisions of this act shall be deemed guilty of a misdemeanor.

§ 3. Nothing in this act shall be so construed as to prevent the Limitaowner or owners, or the consignees of any line ship, steamboat, or any

tion. ticket clerk thereof, from selling tickets or other instruments, in the ticket office upon such ship, steamship, steamboat or vessel, or in the office of the persons or company running the same.

§ 4. This act shall take effect immediately.

ch. 482,

To apportion ex

of

between counties.

77, post.

CHAP 257.
AN ACT to amend chapter four hundred and eighty-two of

the laws of eighteen hundred and seventy-five, entitled “An
act to confer on boards of supervisors further powers of
local legislation and administration, and to regulate the
compensation of supervisors."

PASSED May 13, 1876 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Subdivisions four, five, six and ten of section one of chapAmending

ter four hundred and eighty-two of the laws of eighteen hundred and Laves 1876, seventy-five, entitled “An act to confer on boards of supervisors furante, p. .

ther powers of local legislation and administration, and to regulate the compensation of supervisors," are hereby amended so as to read as follows:

4. To apportion as such board may deem equitable, the expense of

the construction of any public bridge (except on the Hudson river, bepenses bridges low Waterford, and on the East river, or over the waters forming the

boundaries of the State) over a stream or other water forming the Amended boundary line of counties, between the towns at such point, and in all 1878, ch.

such cases the said counties shall each pay not less than one-sixth of the expense of such bridge, and where the board of supervisors shall deem that the construction of such bridge is a general benefit to the county, and that the payment of two-thirds of the expense by the towns liable would be unjust to such towns to determine what additional proportion of such expense should be borne by the respective counties, and to authorize any town, on the vote of the majority of the electors voting at any annual town meeting, or regularly called special town meeting to appropriate such a sum, to be raised as other bridge moneys are raised, to aid in the construction and maintenance of any bridge outside the boundaries of the town or county, but forming å continuation of highways leading from such town or county and deemed necessary for the public convenience.

5. To provide for the care, preservation and reparation of any draw reparation or other bridge (except on the Hudson river, below Waterford, and on of bridges

the East river, or over the waters forming the boundaries of the State) crossing a stream which forms at the point of crossing, the dividing

line of counties, and the maintenance of which bridge is by law a joint , 354, post, p. charge on such counties or on the towns in which such bridge may be

situated ; and to severally apportion the charges for such care, preservation and reparation on the towns respectively liable therefor, or on

the respective counties when liable. To author- 6. To authorize any town or towns liable for the erection, care, ize towns repair and maintenance, in whole or in part, of any bridge (except on money for the Hudson river, below Waterford, and on the East river, or over the bridges.

waters forming the boundaries of the State) to erect, repair and maintain the same, and to borrow such sums of money, in the manner provided in subdivision twenty-nine of this section, as may be necessary for the purposes of such erection, repair and maintenance, and to pay any existing debt incurred in good faith by or in behalf of such town or towns for such purpose before the passage of this act. But no authority shall be exercised under this subdivision, except upon the

Care and

between counties. Amended by Laws

774.

application of a town liable to be taxed for such purpose, to be made
by vote of a majority of the electors thereof voting, at a regular town
meeting, or at a special town meeting called for the purpose, or upon
the application of the supervisor, by and with the consent of the com-
missioner of highways, town clerk and justices of the peace of such
town. If any town, at a regular town meeting held between the first
day of February, eighteen hundred and seventy-five, and the passage
of this act, shall have elected commissioners for the purpose of build-
ing a bridge and providing money to pay for the same by the issuing
of bonds or otherwise, such bonds not exceeding the amount author-
ized at such town meeting, are hereby authorized and declared valid ;
but said bonds shall not be sold or otherwise disposed of for less than par.
And the board of supervisors shall levy a tax on such town for the
payment of such indebtedness at such times and in such amounts as
may be necessary to meet the obligations incurred by said commis-
sioners in pursuance of instructions given by such town at the time of
electing said commissioners.
10. To authorize the laying of highways of a greater or less width Width of

highways, than is now required by law, and to alter by increasing or diminishing 10 Hun, 10š. the width of highways now in existence.

$ 2. Section eight of said act is hereby amended so as to read as follows:

$ 8. Supervisors, except in the counties of New York, Kings, Rens- Compensa selaer and other counties where their annual salaries are now or may supervis be hereafter established by law, shall receive from their respective ors. counties for their services at the session of their respective boards and for services actually rendered in any investigation or other duty authorized by law and directed by the board of supervisors, but performed when the board shall not be holding a session ; compensation at the rate of three dollars per day, but not more than one day's service shall be charged for in any day, including the whole twenty-four hours. Each supervisor shall also receive from the county for his services in making the copies required by law of the assessment roll of his town or ward, including the extension of the tax list to be delivered to the collector or receiver of taxes, compensation at the rate of three cents for each written line for the first one hundred written lines on said roll and list, two cents per line as aforesaid for the second hundred lines, and one cent per line as aforesaid for all written lines in excess of two hundred. He shall also receive mileage at the rate of eight cents per mile for once going and returning from his residence to the place where the sessions of the board shall be held, by the most usual route, for each regular or special session held in pursuance of law. No other compensation, fee, charge or allowance of any kind shall be made to any supervisor for his services, except such as shall be by law a town charge, and the following stated services shall be deemed town charges, and shall be paid for at the rates following, namely, for approving a collector's bond, one dollar, and mileage at the rate of eight cents per mile going and returning, for the distance actually and necessarily traveled to file such bond. For disbursing school moneys received from the county treasurer, such commission, not exceeding one per centum as the board of town auditors shall allow. For all other services required by law to be performed in the service of the town, and for which no compensation is otherwise provided, two dollars per day for each full day actually and necessarily spent in such service, and the actual and necessary expense of travel. Any supervisor who shall receive or vote for any allowance in violation of the provisions

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of this section shall be deemed guilty of a misdemeanor, and shall, on conviction, pay for the use of the county such penalty as the court having cognizance of such offense shall adjudge, not exceeding two hundred and fifty dollars. And all provisions of law inconsistent with this section are hereby repealed.

83. This act shall take effect immediately.

CHAP. 258.
AN ACT to amend chapter four hundred and eighty-two of the

laws of eighteen hundred and seventy-five, entitled “An act
to confer on boards of supervisors further powers of local
legislation and administration, and to regulate the compen-
sation of supervisors,” passed June five, eighteen hundred
and seventy-five.

PASSED May 13, 1876 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending SECTION 1. Paragraph eight of section one of chapter four hundred and Laws 1875, eighty-two of the laws of eighteen hundred and seventy-five, entitled "An ante, p. 156. act to confer on boards of supervisors further powers of local legisla

tion and administration, and to regulate the compensation of supervisors," passed June five, eighteen hundred and seventy-five, is hereby amended to read as follows:

8. To authorize the consolidation in any town of two or more of the districts.

established road districts therein, and the division of any established road district into two or more; and to constitute the territory of any incorporated village into a separate road district, and to provide for the election or appointment of overseers of highways in such districts, and prescribe the manner in which the highway labor assessed and highway taxes collected in such consolidated or separate districts, shall be expended and accounted for, except that whenever an incorporated village shall constitute a separate and independent road district, the commissioners or superintendents of streets, or officers of said village, by whatsoever title or name called, whose duty it shall be to control, superintend and repair the streets therein, shall be the overseers of high ways in said district.

$ 2. This act shall take effect immediately.

Road

CHAP. 266
AN ACT to amend chapter one hundred and seventy-three of

the laws of eighteen hundred and seventy-five, entitled
“An act to provide for the better care of pauper and desti-
tute children."

PASSED May 15, 1876; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending

Section 1. Section two of chapter one hundred and seventy-three of Laws 1875, the laws of eighteen hundred and seventy-five, entitled "An act to pro

ch. 173,

p74.

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