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Railroads.

Laws of

660.
9 Edm. 99.

Authorizing construction of narrow gauge roads.

sub

CHAP 108.
AN ACT to facilitate the construction of narrow gauge rail.

road, and to amend chapter five hundred and sixty of the
laws of eighteen hundred and seventy-one, entitled "An act
to amend an act entitled 'An act to authorize the formation

of railroad corporations and to regulate the same,' passed April second, eighteen hundred and fifty.”

PASSED April 6, 1877. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Amending SECTION 1. Section five of chapter five hundred and sixty of the 1871, ch.

laws of eighteen hundred and seventy-one, entitled “ An act to amend an act entitled 'An act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty,” is hereby amended so as to read as follows:

$ 5. Corporations may be formed under the act entitled “An act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty, for the purpose of constructing and operating railroads for public use in transport

ing persons and property, of the gauge of three feet and six inches or Capital · less, but not less than thirty inches within the rails, whenever capital mile to be stock of said corporation to the amount of one thousand dollars for scribed.

every mile of such railroad proposed to be constructed and operated

has been in good faith subscribed ; and whenever one thousand dollars Amount to or more for every mile of such railroad proposed to be constructed

shall be in like manner subscribed, and ten per cent thereon in good faith actually paid in cash to the directors named in the articles of association, and an affidavit made by at least three of said directors, and indorsed on or annexed to said articles, that the amount of stock hereby required has been so subscribed, as aforesaid, and ten per cent thereon paid, as aforesaid, and that it is intended in good faith to construct and operate such railroad, then said articles, with such affidavit, may be filed and recorded in the office of the secretary of state, provided said articles contain all the other facts required by law to be stated in articles of association made for organizing railroad corporations under said act, entitled “ An act to authorize the formation of railroad cor

porations and to regulate the same," passed April second, eighteen Amount of hundred and fifty, except that the amount of the capital stock of the

company, stated in said articles, shall be not less than four thousand for every

dollars for every mile of road constructed, or proposed to be constructed, and all of the provisions of said last-mentioned act shall apply to corporations formed for the construction and operating of railroads of the gauge hereinabove mentioned, except as herein provided or otherwise provided by law.

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

§ 6. Any railroad company duly organized according to law, when

the gange of its proposed railroad shall be three feet and six inches or sioners to

less, but not less than thirty inches within the rails, may whenever two-thirds of the capital stock thereof has been in good faith subscribed and ten per cent thereon paid in good faith, in cash, apply to the supreme court, in the manner provided by law, for the appointment of commissioners, and all subsequent proceedings may be had to obtain

in, etc.

Filing of articles, etc.

required per mile

mile constructed.

Appointment of commis

obtain right of way, etc

the title of lands necessary for the construction and maintenance and operating said railroad, to the same extent and in the same manner as if the whole amount of the capital stock specified in its articles of association was in like manner subscribed, and ten per cent thereof in like manner paid in cash, and may lay upon such road iron of a weight not less than forty pounds to the lineal yard. Such railroad company may Fare. charge and receive when its road is not more than twenty-five miles in length not exceeding five cents per mile ; when its road is more than twenty-five and not more than forty miles in length not exceeding four cents per mile, and when its road is more than forty miles in length not exceeding three cents per mile, for each passenger and his ordinary baggage transported on said road, provided that nothing relating to Proviso. fares in this section shall apply to railroad companies now incorporated or to any railroad now in operation, or to any railroad or part thereof located or to be located in the county of Kings or within the limits of any incorporated city. $ 3. This act shall take effect immediately.

Amended 1879, ch. 293, post, p. 759.

CHAP 107.

.

p. 410.

be the

etc.,

AN ACT in relation to the superintendent of state prisons,

and for the more efficient and economical management of said prisons.

Passed April 11, 1877 ; three-fifths being present. The People of the State of New York, represented in Senate and Amended

1877, ch. Assembly, do enact as follows:

253, post. SECTION 1. The superintendent of state prisons shall have his office orice to in the city of Albany. He shall have power and it shall be his duty bitynot to inquire into all matters connected with said prisons, and he shall Albany. have the management and control of said prisons and of the convicts General therein, and of all matters relating to the government, discipline, police, and duties. contracts and fiscal concerns thereof.

$ 2. The superintendent shall appoint the agents and wardens, phy- Agents, sicians and chaplains of the prisons, as provided in the constitution;

wardens, and he may remove them from office whenever, in his judgment, the appointpublic interests shall so require. He may designate such number of

Removals. the officers, keepers, guards or matrons as he may deem necessary for May direct the safe-keeping of the convicts, or for the maintenance of discipline, to reside at the prisons, and the persons so designated shall be boarded reside at at the expense of the said prisons, deduction being made for the same prisons. in the amount of salaries paid such officers, keepers, guards and etc., to be matrons.

§ 3. The said superintendent may leave vacant any subordinate salaries. office, now established by law, in either of the state prisons, which he certain shall consider unnecessary for the protection of the property of the be left state or for the safe-keeping of the convicts.

vacant by. $ 4. The compensation of the several officers, keepers, guards, ma- Compensa: trons and teachers shall be fixed and determined, from time to time, cers to be by the superintendent; provided, however, that in no case shall the fixed by. amount exceed the compensation now allowed by law.

.

certain officials to

deducted from

offices may

Proviso.

Rules and regulations,

Clerks.

warden, appointments by.

Rations for.

8 5. The superintendent shall make such rules and regulations for the government of the officers, keepers, guards, matrons and teachers of the prisons, and in regard to the duties to be performed by them and for the government and punishment of the convicts as he may deem proper. The clerks of the several prisons shall conform to the rules established by the said superintendent, and shall perform their duties under the direction of the agent and warden, in such manner as

shall be prescribed by the comptroller. System of $ 6. The system of labor in the state prisons shall be by contract or Tabor.

by the state, or partly by one system and partly by the other, as shall

be in the discretion of the superintendent deemed best. Agent and $ 7. The agent and warden of each prison shall appoint (excepting

the physician, chaplain and clerk) all officers, keepers, guards, matrons who may be either inarried or single women, and teachers of such prison, subject to the approval of the same by the superintendent, and shall have the power to remove the same. The said agent and warden of each prison shall be allowed rations from the prison stores for him

self and family. Contracts $ 8. Contracts for the purchase of materials and supplies for the for pur

prisons and for convict labor and for the sale of property manufactured materials, at the prisons may be entered into by the agent and warden, subject to the approval of the superintendent.

Amended Laws 1877, chap. 253, post, p. 410. Superin

§ 9. It shall be the duty of the superintendent, on or before the tenth

day of January in each year hereafter, to report to the legislature in legislature annually, writing the condition of each of the prisons, the number of convicts January

confined and for what offenses, the moral, intellectual and physical 10th, in condition of the convicts and how employed, the amount of money excondition pended and how, in detail, the amount of money earned and how, in of prisons. detail, the amount paid into the treasury, and such other matters as

may seem pertinent and proper in the judgment of the superintendent. Acts in

$ 10. Alì acts and parts of acts inconsistent with provisions of this repealed. act are hereby repealed.

§ 11. This act shall take effect immediately.

chase of

tendent to report to

before

writing,

consistent

CAP. 11.

Confirmation of rights, etc.

AN ACT to confirm the title of certain persons to real estate questioned by reason of alienage of former owners.

PASSED April 11, 1877; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The right, title or interest of any citizen or citizens of this state in or to any lands within this state now held or hereafter acquired shall not be questioned or impeached by the reason of the alienage of any person or persons from or through whom such title may have been derived; provided, however, that nothing in this act shall affect the rights of the state in any case in which proceedings for escheat have been instituted.

$ 2. Nothing in this act shall affect or impair the right of any heir, devisee, mortgagee or creditor by judgment or otherwise.

$ 3. This act shall take effect immediately.
See L. 1875, ch. 336, ante, p. 115. Vol. 9, pp. 334, 359 ; vol. 3, pp. 341-2 ; vol. 4, p. 298, et seq.

Proceedings for escheats not affected. Rights of certain parties not affected.

CHAP 186. AN ACT supplementary to chapter two hundred and seventy, three of the laws of eighteen hundred and sixty-six, entitled

* An act authorizing the incorporation of associations to erect monuments to perpetuate the memory of soldiers who fell in defense of the Union,” passed March thirty, eighteen hundred and sixty-six.

PASSED April 14, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. In cases where any association mentioned in an act, entitled “ An act authorizing the incorporation of associations to erect assoclamonuments to perpetuate the memory of soldiers who fell in defense of the Union,” has been formed or shall hereafter be formed, such association may erect as the monument contemplated by said act a memorial hall or building and may take and hold the real estate, not to exceed in amount the sum of twenty-five thousand dollars, said real estate not to be exempted from taxation. $ 2. This act shall take effect immediately

. Ante, p. 47. Vol. 6, p. 713.

Monument

Rural

Lawg 1852.

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CHAP 156. AN ACT further to amend chapter two hundred and eighty Cemeteries

of the laws of eighteen hundred and fifty-two, entitled - An act further to amend the act entitled 'An act authorizing the incorporation of rural cemetery associations,' passed April twenty-seventh, eighteen hundred and forty-seven.

PASSED April 17, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The fourth section of chapter two hundred and eighty Amending of the laws of eighteen hundred and fifty-two, entitled “ An act further Chap: 288 to amend the act entitled . An act authorizing the incorporation of 3 Edm. 762. rural cemetery associations, passed April twenty-seventh, eighteen hundred and forty-seven,” is hereby amended so as to read as follows:

$ 4. Any such incorporation desiring to use any lands for cemetery Notice of purposes or take a conveyance thereof, shall cause notice to be pub- implicar lished once a week for six weeks in two newspapers published in the leave to county and having the greatest circulation in the county in which such 66 N. 7.569. lands are situated, of their intention to apply to the board of supervisors of such county, stating the time at which such application will be made for the consent mentioned in the first section of this act. Such notice shall contain a brief description of the lands for which such consent is asked and also their location and the number of acres. At such meet- Consent. ing, upon due proof of the publication of the notice above mentioned, the applicants and remonstrants, if any, may be heard in person and by counsel, and thereupon, if such board shall grant consent, it shall be lawsul for such incorporation to take and hold the lands designated in such consent not exceeding two hundred and fifty acres in any county. 8 2. This act shall take effect immediately.

lands. * So in the original.

Foreign corpora. tions.

May purchase at mortgage foreclosure.

CHAP 158.
AN ACT extending to corporations located in and organized

under the laws of other states, certain rights and powers
now possessed by similar corporations of this state.

PASSED April 17, 1877. The People of the State of New York, represented in Senale and Assembly, do enact as follows:

SECTION 1. It shall be lawful for any corporation, duly organized under the laws of any state in which such corporation shall be located, to purchase under any foreclosure sale based upon any mortgage or mortgages owned by such corporation, or upon judgments or decrees obtained or rendered for debts due to it, or in any settlement effected to secure such debts, any of the lands lying within this state that may be covered by or subject to such mortgages, judgments, decrees or settlements, and also to hold for a term not exceeding five years from the date of such purchase, and to convey such lands by deed or otherwise, in the same manner as though such corporation had been organized under the laws of and located within this state.

82. This act shall take effect immediately.

CHAP 161.

6 Edm. 351.

Boards of

AN ACT to amend chapter five hundred and fifty-five, laws

of eighteen hundred and sixty-four, entitled "An act to revise and consolidate the general acts relating to public instruction.'

PASSED April 17, 1877; three-fifths being present. The P.eople of the State of New York, represented in Senate and

Assembly, do enact as follows : Amending SECTION 1. Section seven, of title nine, of chapter five hundred and Laws 1884. fifty-five, of the laws of eighteen hundred and sixty-four, except so far

as it affects the towns of Cortland and White Plains, in the county of Westchester, is hereby amended so as to read as follows:

87. The said boards of education are hereby severally created bodies education corporate, and each shall, at its first meeting, and at each annual porate. meeting thereafter, elect one of their number president. They may,

with the advice and consent of a majority of the legal voters enClerk. titled to vote on questions of taxation, to be had at an annual meet

ing of the inhabitants, appoint a clerk to the board. Such appointed clerk must be a resident of the district, and a person other than a trustee or a teacher in the employ of the board. The clerk so

appointed shall be the general librarian of the district, and also perSalary. form all the clerical and other duties pertaining to his office. For his

services he shall be entitled to receive a salary, which shall not be
greater than twenty-five cents a year for each scholar, to be computed
from the actual average daily attendance for the previous year, as set
forth in the annual report to the school commissioner, or less, as as
in the best judgment of said legal voters to be had at such annual
meeting ; such consent and approval not to be for a longer period of
time than one year. In case no provision is made at an annual meet-

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