Proviso, as to existing snits, ac ive corporations shall be deemed to continue in existence to preserve the same, and all debts and liabilities incurred by either of said corporations, except mortgages, shall thenceforth attach to such new corporation, and be enforced against it and its property to the same extent as if said debts or liabilities had been incurred or contracted by it. No suit, action or other proceeding now pending before any court or tribunal, in which either of said railroad companies is a party, shall be deemed to have abated or been discontinued by the agreement and act of consolidation as aforesaid, but the same may be conducted in the name of the existing corporations to final judgment, or such new corporation may be, by order Snits, how of the court, on motion, substituted as a party. Suits may be brought and maintained against such new corporation in the courts of this state, for all causes of action, in the same manner as against other railroad corporations therein. tions, etc. brought against new cor poration. Assess. ment of real and personal property of new corpora $6. The real estate of such new corporations, situate within this state, shall be assessed and taxed in the several towns and cities where the same shall be situated, in like manner as the real estate of other railroad corporations is tion, in this or may be taxed and assessed, and such proportion of the capital stock and personal property of such new corporation shall in like manner be assessed and taxed in this state, as the number of miles of its railroads situate in this state bears to the number of miles of its railroad situate in the other state or states. state. Proviso, as to rates of fare. $ 7. Nothing in this act contained shall be so construed as passenger to allow such consolidated company to charge a higher rate of fare per passenger per mile upon any part or portion of such consolidated line than is now allowed by law to be Act not to charged by each existing company, respectively; nor shall this act apply to street railroads. And nothing in this act contained shall be so construed as to affect or impair, in any way, the validity of any contract now existing between the Buffalo and State Line Railroad Company and the New York and Erie Railroad Company. apply to street railroads. Contract of Buffalo and State Line railroad not to be impaired. General railroad act, how far to ap ply. S8. All the provisions of the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, and of the several acts amendatory thereof or in addition thereto, shall be applicable to the new corporation so to be formed as aforesaid, so far as the same are now applicable to the railroad companies of this state, which may be consolidated with any other company or companies by virtue of this act. Ante, vol. 3, pp. 617, 637, 640, 648, 649, 650, 654; vol. 6, pp. 367, 809, 833. Ante, pp. 49, 109, 169, 204, 317, 337, 346, 355. S9. No companies or corporations of this state, whose lines, not railroads run on parallel or competing lines, shall be authorto consoli- ized by this act to merge or consolidate. Parallel or competing date. S 10. This act shall take effect immediately. CONCURRENT RESOLUTIONS. At a joint assembly of the senate and assembly of the state of New York, held in the assembly chamber, in the city of Albany, on Wednesday, the twentieth day of January, one thousand eight hundred and sixty-nine, in pursuance of an act of congress, Reuben E. Fenton was declared duly elected a senator to serve in the congress of the United States, from the state of New York, for six years from the first day of March, one thousand eight hundred and sixtynine. In witness whereof we have placed our hands and the seals of the senate and assembly of the [L. S.] state of New York, this twentieth day of January, one-thousand eight hundred and sixty-nine. ALLEN C. BEACH, CONCURRENT RESOLUTION relative to furnishing ordnance and ordnance stores, and camp and garrison equipage to the Cornell university. Resolved (if the senate concur), That the governor be and he is hereby authorized and requested, in his discretion, to issue from the state arsenals to the Cornell university, upon the requisition of the military professor of that university, or of his military assistant, approved by the president thereof, ordnance and ordnance stores, and camp and garrison equipage in amount and kind as may from time to time be necessary for the purpose of instruction in military tactics; and in case suitable arms and equipage are not in the state arsenals, the governor is authorized and requested to procure the same by requisition on the United States; provided, however, that no public property be issued under this resolution unless security for the safe keeping and return thereof be first given by said university; and provided further, that in case of need by the state, at any time, of the property of the state so issued, the same may be demanded and received by the governor; and provided further, that no requisition shall be complied with by the governor unless, in his opinion, the state can safely do so. STATE OF NEW YORK, The foregoing resolution was duly passed. 39.} EDW. F. UNDERHILL, Clerk. STATE OF NEW YORK, IN SENATE, February 18, 1869. The foregoing resolution was concurred in. JAMES TERWILLIGER, Clerk. CONCURRENT RESOLUTION for reduction of canal tolls on certain articles. Resolved (if the assembly concur), That the legislature concur with the canal board in the reduction of the rates of toll on the following named articles, when transported on the canals of this state: On barytes, cabinet ware and furniture, car axles, all iron castings, domestic cottons, domestic woolens, fire-proof cement, furniture for stoves (not cast iron), hides, raw and green, foreign and domestic, bloom and pig iron going toward tide water, iron bolts, iron safes, scrap iron, junk, mahogany, plaster, calcined, or plaster of paris, going from tide water, rags, varnish and vinegar, from present rates to one and a half mills per one thousand pounds per mile; on bleaching powders going from tide water, bones other than for manure, coffee, crockery, brimstone, salted fish going from tide water, foreign gypsum, pig iron going from tide water, bar lead going from tide water, molasses, nails, rice going from tide water, spikes, wrought stone, sugar, sal soda going from tide water, tin plate going from tide water, water lime going from tide water, and wool, from present rates to one mill per one thousand pounds per mile; on earth, limestone, sand and slate, and stone unwrought and partly wrought, from present rates to half a mill per one thousand pounds per mile; and on window sashes and blinds, from present rates to five mills per thousand pounds per mile. STATE OF NEW YORK, JAMES TERWILLIGER, Clerk. STATE OF NEW YORK, IN ASSEMBLY, April 29, 1869. The foregoing resolution was duly passed. EDWARD F. UNDERHILL, Clerk. STATE OF NEW YORK, We certify that at a joint meeting of the senate and assembly, held in the assembly chamber, April 29, 1869, pursuant to a concurrent resolution of the two houses, Henry Smith, of the city and county of New York, was duly elected a metropolitan police commissioner for the metropolitan police district of the state of New York, in place of Thomas C. Acton, resigned. Witness our hands and the seals of the senate and assembly, this twenty-ninth day of April, eighteen hundred and sixty-nine, CONCURRENT RESOLUTION giving consent by this state to cession to United States National Cemetery by Pennsylvania. Whereas, By an act entitled "An act to establish and protect national cemeteries," approved February twenty-second, eighteen hundred and sixty-seven, congress has adopted an uniform system for the management and care of all the soldiers' national cemeteries throughout the United States, and made provisions for their maintenance; and, Whereas, The state of Pennsylvania has, by an act approved the fourteenth day of April, eighteen hundred and sixty-eight, ceded and relinquished to the United States all its title to the grounds and property of the Soldiers' National Cemetery, at Gettysburgh, vested in it in trust for the states which participated in the establishment of said national cemetery, of which states the state of New York was one, therefore, Resolved (if the assembly concur), That the state of New York hereby consents to and approves the said cession by the state of Pennsylvania to the United States, of the Soldiers' National Cemetery, at Gettysburgh. STATE OF NEW YORK, The above resolution was duly passed. JAMES TERWILLIGER, Clerk. STATE OF NEW YORK, 1 IN ASSEMBLY, May 7, 1869. S The above resolution was duly passed. . By order of the assembly, EDWARD F. UNDERHILL, Clerk. |