to be

named, to

sioners, on demand.

therein.

$ 4. It shall be the duty of the supervisor and board Bonds paid, of town auditors in each town, to cancel and destroy celed and each and every bond so paid, and the record thereof shall be filed in the respective town clerk's office.

95. The supervisor of each town shall, on the written Supervisor requisition of the commissioners hereinafter appointed, town, or a majority of them, and signed by their chairman, pay money pay on demand to him or them, such sum of money, or commisdeliver to him or them, in like manner, the amount thereof in bonds of said town or towns, upon the certificate of the surveyor having charge or superintend. ence of the work, certifying to the performance of the work done and the amount due the for; but in no case Liability of

each town, shall the expense of the work exceed the rate of ten for work thousand dollars per mile, and provided, also, that in case the contract of said work in each town shall be distinct and separate, then the cost shall be separately certified; but if the said work be embraced in one contract, each town shall be only liable for its portion or share, according to the work performed therein.

$ 6. Thomas Murphy, of the town of West Farms, James T. Adee and Israel H. Watson, of the town of grade and Westchester, John Westervelt, of the town of East mize road. Chester, Benjamin Hegeman, of the town of Pelham, Samuel G. Welling, of the town of New Rochelle, Stephen C. Griffen, of the town of Mamaroneck, Thomas K. Downing and John E. Marshall, of the town of Rye, are hereby appointed commissioners under this act, and Majority to they, or a majority of them. shall have authority to chairman choose from their number a chairman, and appoint a veyor. surveyor, and to regulate grade and macadamize said highway by contract or otherwise, and to perform any act incident thereto, and also to have power and authority Powers of to open and remove any and all encroachments that may have been made by any person or persons owning land along said highway, so that said highway shall be of the original width that it was laid out. And in case of the Vacancies; death

, resignation or refusal to act of any or either of said commissioners, the remaining commissioners, or a majority of them, as often as such vacancy shall happen, shall appoint a suitable person

who shall be an elector in the town from which the vacancy occurs, to fill such

Commissioners to

commis. sioners.

how filled.

1

Highway
when con-
pleted to
be kept in
repair by
town.

vacancy; and such appointee or appointees shall have the power and authority vested in a commissioner by this act; and when said highway is completed it shall be kept in repair with like materials whenever necessary, within the limits of each town, by the commissioners of highways of each of said towns, and shall be maintained in good order for public travel and use, free from any

obstruction not incident to a country highway. The receive no said commissioners shall not receive any pay or compen

sation for their services.

$ 7. This act shall take effect immediately.

Commis

pay for

services.

tors.

Chap. 550.
AN ACT to incorporate “The New York and
Brooklyn Iron Tubular Tunnel Company."

Passed May 2, 1868.
The People of the State of New York, represented in

Senate and Assembly, do enact as follows :
Corpora- SECTION 1. Silas C. Herring, George Hazewell, Edwin

Ferguson, Richard Foley, James R. Floyd, William C.
Higgins, Hugh Murray, Simon Guiterman, Joel A.
Fithian, William Garret, 0. Sloan Holden, John H.
Johnston, Joseph Monheimer, John J. Walsh, Oliver
Cotter, James R. Davies, Patrick G. Maloney, Arthur
W. Benson, William P. Johnson, Charles W. Whily,
John Murphy, Cornelius Corson, J. E. Van Horn, John
Cox, George A. Osgood, Jacob M. Long, William A.
Smith, John J. Bradt, James H. Wood, T. C. Smith,
Francis McCabe, Edward C. Byrne, Robert H. Water-
man, John Kaiser, Jr., Ezra Clark, Jr., John Quinn,
Charles H. Davis, Martin Fullerton, John Hayes, John
Sheldon, Edwin M. Baldwin, James P. Sanders, John
McGeoaety, John Scott, G. W. Palmer, D. Banks, Jr.,

Ashael N. Cole, Jesse Cogswell, Delano C. Calvin, WilCorporate liam C. Payne, and their successors shall be, and they

are hereby constituted a body corporate by the name of “The New York and Brooklyn Iron Tubular Tunnel Company."

§ 2. The capital stock of the said corporation shall be

Capital stock.

tors to open

corpora.

choose firteen directors.

Business

divided into twenty-five thousand shares of two hundred dollars each.

$ 3. The aforesaid incorporators shall be commis. Corporasioners to open the books for receiving subscriptions to subscrip the capital stock of said corporation. The books shall tion books, be opened on or before the first day of July next, and each of said commissioners may receive subscriptions, and the party subscribing shall pay to the said commissioners ten dollars on each share subscribed.

4. Whenever two thousand shares of the stock of Meeting of the said corporation shall be subscribed, the incorpo- tor to rators shall cause to be given at least ten days' notice of the time and place of meeting of suid incorporators to choose directors. At the time and place appointed, the incorporators

incorporators shall choose fifteen directors, being stockholders of the said corpor- tions of diation, a quorum of whom shall be competent to rectors transact business. A new election of directors shall be quorum. made annually, at such time and place as the incorpo- election. rators shall appoint. The directors at any election shall, as soon thereafter as may be, choose out of their Officers of number one person to be president, and shall also ap- tion. point a secretary and a treasurer. $ 5. The directors may continue to receive subscrip- subscrip

Aggregate tions to the stock of the said company until twenty-five tions to thousand shares shall be subscribed, if deemed neces. sary

§ 6. The directors may demand from the stockhold. Directors ers, respectively, all such sums of money by them sub- mand pay. scribed, at such times and in such proportions as they stock under may think proper, under the penalty of forfeiting their forfeiture. respective shares and all previous payments thereon, to the said president, directors and company, not impairing the right of enforcing payment by process of law of the subscription made under the act as aforesaid.

§ 7. The said corporation may erect an iron tubular tion to contunnel across the bed of the East river, between the struct an cities of New York and Brooklyn, in the State of New lar tunnel York, at such points as may be determined by this com- of East pany on a future survey to be made by them, or their Location agents, of the bed of the river, may show to be expe- New York 71

.

may de

Corporation

and lands.

Appoint. ment of commis. sioners of

ers.

Willful in

dient, between the foot of Montague street and the foot of Hudson avenue, in the city of Brooklyn, and the foot of Wall

and Jackson streets, in the city of New York.

§ 8. The president or directors, or other persons ementer upon ployed by them, may enter upon and take possession of

the lands on each side of the river where the termini of said tunnel shall be erected, and the said corporation, on taking possession of such land, and on receiving a conveyance thereof, shall pay to the owner or owners the value of so much of the same as may be necessary for making and erecting said tunnel and approaches, and establishing a gate, toll-house, and all other works to the said tunnel; and in case of disagreement between

the said parties as to such value, the same shall and may estimate in be ascertained by three commissioners, who shall be apdisagree pointed for that purpose, on eight days' notice, by the land own. supreme court of the State of New York, on application

of the president and directors of the said New York and

Brooklyn Iron Tubular Tunnel Company. jury to

§ 9. If any person shall willfully or negligently impair or injure the said tunnel, he shall forleit and pay to this corporation the sum of one thousand dollars, to be recovered, with cost of suit, and shall also be liable to pay to said corporation treble the amount of damages sustained, with cost of suit, to be recovered in an action of trespass, or shall be imprisoned for a term not to exceed six months, or shall suffer both fine and imprisonment at the discretion of the court.

§ 10. The said corporation shall be and are hereby entitled to charge and collect rates of toll not exceeding

the rates at present charged by the Union Ferry ComPenalty for pany for crossing the said river, and if any person shall passing gate, with. forcibly pass the gate, without having paid the legal

toll, he shall forfeit and pay to "said corporation the amount of the legal toll, to be recovered in an action of trespass, with costs of suit.

$ 11. The shares of the stockholders of the said corporation shall be considered to be personal estate, and shall and may be transferred as such.

$ 12. It is hereby provided that the said corporation tunnel to commence shall commence the work of constructing the said tun

nel within twelve months after the passage of this act;

tunnel ; how pun. ished.

Rates of loll.

out pay:

ment of toll.

Shares of stock deemed personal estate. Work on

within one year.

and that the work on said tunnel shall be completed and finished within five years next thereafter.

§ 13. This act shall take effect immediately.

6

Chap. 551.
AN ACT to amend an act entitled “An act to

provide for the construction of a railroad from
the city of Poughkeepsie to the Connecticut or
Massachusetts line, and to authorize “towns to
subscribe to the capital stock thereof,'” passed
April 13th, 1866, and to ratify proceedings
heretofore had under said act.

Passed May 2, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section nineteen of an act entitled "An act to provide for the construction of a railroad from the city of Poughkeepsie to the Connecticut or Massachusetts line, and to authorize towns to subscribe to the capital stock thereof,” is hereby amended so as to read as follows:

It shall be lawful for said commissioner or commis- Commissioners to borrow on the faith or credit of such town or shorized 10 city any sum of money, not exceeding in amount five per borney and cent of the assessed valuation of the real and personal property of any city or town as shown by the last assessment roll of such town or city, at a rate of interest not Rate of inexceeding seven per cent, for a term not exceeding thirty period for years, and to execute bonds therefor under their hands which and seals. The bonds so to be executed may be in such more sums and payable at such times and places, not exceed- tions of ing thirty years, and in such form as the said commis- when pay. sioner or commissioners and their successors may deem expedient ; providing, however, that the powers and Bonds not authority conferred by this section shall only be exer titissneemcised upon the condition that the consent of a majority of taxpay of the tax payers representing a majority of the taxable tained. property, as shall appear by the assessment roll of such