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sioners not to sell bonds issued at less than


consent, in writing, and filed and recorded with such consent, in the office of the county clerk of the county where such assessor resides; and the original consent and affidavit, or a copy thereof, certified by the clerk of the county in whose office it is required to be filed, shall be legal evidence of the facts contained therein, and shall be admitted as such in any court of this State, and before any judge or justice thereof.

§2. Whenever the consent in writing aforesaid of the tax payers of any town in the said counties shall have been filed in the proper county, the commissioners of the town shall make such subscription to the capital stock of said Syracuse Northern Railroad Company, and issue bonds of such town to said company, to the amount specified in such consent in writing, and in the manner aforesaid, and such bonds received in payment of said stock, shall not be sold by said company for less than par, and the proceeds thereof shall be applied and used in the construction and equipment of said railroad, and for no other purpose whatever; and it shall be lawful companies for any trust company or insurance company of this State, to purchase, own or hold such bonds, to loan money upon them, and to sell and dispose of the same to the same extent and in the same manner as other securities are now held and owned by them.

Insurance or trust

may invest in such



sioners to

report to board of supervi


amounts to be raised for princi


on stocks;

§ 3. The said commissioners shall report to the board of supervisors of the county, wherein said town is situated, within three days from the commencement of their regular session in each year, the amount of money required to pay principal and interest on the bonds pal and in- thus isssued, due or to become due and payable during Dividends the next ensuing year, after deducting any sum received how to be for dividends, which must first be applied to the payapplied. ment of principal and interest; and the said board of supervisors shall thereupon cause to be assessed, levied and collected, upon and out of the real and personal property of such town, at the same time and in the same manner of other taxes, such amount of money as shall be thus reported to said board as necessary to pay said principal and interest; and such amount, when collected, shall be paid to, and applied by said commissioner to

Tax; how to be levied

and collected.

the payment of the said principal and interest of the bonds aforesaid.

sioner may

upon con



4. It shall not be lawful for such commissioner, Commisafter acquiring such stock, to sell or dispose of the sell stocks same, except with the consent in writing of the tax sent at payers of said town, obtained to the extent and in the public aucmanner required to authorize the subscription to said stock and issue of bonds, and to be filed in the several clerks' offices as aforesaid, and if such consent be obtained to sell and dispose of said stock, the same shall be sold at public auction to the highest bidder, notice Notice of which, and of the time and place, shall be given sixty days previous to the sale, by publication in two newspapers of the county where such town is situated; the proceeds of the sale of said stock shall be applied to the purchase or payment of any of the said bonds that may remain unpaid against such town, and the excess, if any there be, shall be paid over to the proper officers, to be applied to the ordinary expenses of such towu. The said commissioner may vote upon the stock repre- sioner may sented by him, in the election of directors of said rail- vote at road company.

Proceeds of

sale; how




sioner to

5. Before any commissioner shall enter upon the commisdischarge of his duties under this act, he shall execute a execute of bond to the supervisor of the town, signed by himself ficial bond. and two or more sureties, in the penal sum of one-third the amount of the subscription and bonds authorized as aforesaid, conditioned for the faithful execution of his duties as commissioner under this act, and for the just and honest application by him of all stocks, bonds or moneys coming into his hands as such commissioner, according to the true intent and meaning of this act. The sufficiency of said sureties shall be determined by the supervisor of the town represented by said commissioner; the said bond shall immediately thereafter be delivered to the officer aforesaid, to whom the same was executed, to be collected (if the same shall become necessary), by him or his successors in office. for the use and benefit of the town represented by such commis


How to be


and deliv


§ 6. If any commissioner shall refuse or willfully Vacancies

sion; how


in commis- neglect to perform any of his duties, required under this act, or shall die, or remove from the town for which he was appointed, his office shall thereupon become vacant; and where the question shall arise as to whether there is a vacancy or not, the fact shall be determined by the county judge of the county in which the question arises, upon proof by affidavit or otherwise; and in case of a vacancy the same shall be filled by appointment in the same manner provided by the first section of this act; and such commissioner so appointed shall, before enter ing upon the discharge of his duties, execute and deliver the like bond and to be approved in the same manner as specified in the preceding section.


issued to be valid and binding.

§ 7. All bonds issued by the commissioners of the several towns aforesaid, shall be valid and binding upon the towns represented by such commissioners in the hands of bona fide holders or owners thereof; and in case of an error, fraud, or willful violation of duty on the part of any commissioner, in the issue of such bonds, the town which he represents shall have redress upon his official Liability of bond to the extent provided therein; but no commissioner shall be held personally liable, where he shall act in good faith in the discharge of his official duties.



Compensation of commis


Moneys; when to be

§8. The commissioners appointed under this act shall be entitled to the sum of three dollars for each day actually engaged in the discharge of their duties, and their necessary disbursements, to be audited and paid by such towns.

§ 9. No portion of the bonds issued by any town, or expended. the moneys arising therefrom, shall be paid, laid out or expended in any other town, until at least three thousand dollars shall have been paid or expended upon the grading and construction of each mile of said road lying within such town.

§ 10. This act shall take effect immediately.

Chap. 572.

AN ACT to incorporate the Cartmen's Protective
Union of the city and county of New York.

Passed May 4, 1868.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:


SECTION 1. Abraham L. Brewer, William H. Apple- Corpora gard, William H. Anderson, M. McNulty, H. N. Mott, George H. Giltzow, William H. Kirby, Thomas Ward, John Fitzpatrick, John Mace, John F. Esler, George W. Kemp, Thomas Malone, John D. Coster, Charles E. Ackerman, John Trench, Thomas Gross, Thomas Garret, George W. Ross, George C. Molten, Denton C. Allison, James M. Newman, Abraham Collier, H. B. Evert, Jacob Benson, James D. Rutherford, Joseph W. Coles, George A. Chapman, Henry F. Tenner, John A. Sherwood, Michael Cannon, Daniel Moran, Charles Cullum, William Murray, Barnard Rooney, and such other persons as now are, or hereafter shall become members of said union, are hereby constituted a body corporate, by the Corporate name of the Cartmen's Protective Union of the city and county of New York, for the purpose of mutual aid, pro- objects. tection and support, and for the promotion of social intercourse, and the private and general interests of the members thereof.


and regula

2. The said corporation shall have the power to By-laws make and adopt a constitution and by-laws, rules and tons." regulations, for the purposes, objects, and government thereof, for the admission and regulation of members, for the regulation and payment of all fees and dues, and for the management of its funds and property; and from time to time to alter, modify or repeal such constitution, by-laws, rules and regulations, and it may pur- May puschase and possess any real estate not exceeding ten thousand dollars.

3. The said corporation shall have power to prescribe terms and regulations, upon which persons, not members, may participate in the benefits of such corporation.

chase real estate.


Terms of ship.

Board of managers.







Proprietors of Hudson river steamboat

nish pas



§ 4. The business, property and affairs of said corporation shall be under the general control and management of a board of managers, and the said corporation shall, in and by their said constitution, prescribe the power and duties of such board of managers, and of such other officers as may be deemed necessary, and the rules and regulations for the election, succession and action of such board of managers and other officers. The thirteen persons first named in the first section of this act, shall be the first board of managers, and shall continue in office until others are so elected in their stead respectively.

§ 5. The location and place of business of said corporation shall be in the city of New York.

§ 6. The said corporation shall possess all the powers and be subject to the provisions of title third, chapter eighteenth, part first, of the Revised Statutes, so far as the same are applicable.

§ 7. This act shall take effect immediately.

Chap. 573.

AN ACT to afford the same facilities to passengers or property transported by steamboat on the Hudson river as is afforded by railroad.

Passed May 4, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The proprietors of any steamboat, or line of steamboats, navigating the Hudson river, are hereby lines to fur- authorized and empowered to furnish tickets upon being paid therefor, for the transportation of passengers from tickets to any station on the line of any railroad terminating at companies. the city of Albany or Troy, for the conveyance of such passengers from the city of Albany or Troy to the city of New York on their said steamboats. On such tickets being furnished to any such railroad company it shall be their duty to require their ticket agent, at any station on the line of their road, to sell such tickets, and to any passenger who shall make application therefor, at a price

Railroad agents to sell through tickets to New York city.

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