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isions of this act have been fully observed and omplied with.

3. Upon the making and perfecting the agreezent and act of consolidation as hereinbefore proided, and filing the same or a copy thereof in the fice of the Secretary of State as aforesaid, the said orporations parties thereto shall be deemed and aken to be one corporation, by the name provided said agreement and act, and possessing within is State, all the rights, privileges, exemptions and anchises, and subject to all the restrictions, disabilities and duties of each of such corporations so Masolidated.

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consolida

34. Upon the consummation of said act of con- Effect of lidation as aforesaid, all and singular the rights, tion. vileges, exemptions and franchises of each of d corporations, parties to the same, and all the perty, real, personal and mixed, and all debts e on whatever account to either of said corporaons, as well as all stock subscriptions and other hings in action belonging to either of said corporacas, shall be taken and deemed to be transferred to ad vested in such new corporation, without further at or deed; and all claims, demands, property, ghts of way and every other interest shall be as ctually the property of the new corporation as they were of the former corporations, parties to he said agreement and act; and the title to all real state, either by deed or otherwise, under the laws this State, vested in either of such two corpora90s, parties to said agreement and act, shall not be emed to revert or be in any way impaired by ason of this act, or anything done by virtue ereof, but shall be vested in the new corporation virtue of such act of consolidation.

creditors of

preserved.

35. The rights of all creditors of, and claimants Rights of ainst, and all liens upon the property of either of companies d two corporations, parties to said agreement and shall be preserved unimpaired, and the respective rporations shall be deemed to continue in existence preserve the same; and debts, liabilities and duties

feither of said two corporations shall thenceforth tiach to said new corporation and be enforced

abated by consolidation.

against it and its property to the same extent a if said debts, liabilities and duties had been incurre Actions not or contracted by it. No suit, action or other prc ceeding now pending before any court or tribunal i which either of said two railroad companies is party, shall be deemed to have abated or been di continued by the agreement and act of consolidatio as aforesaid, but the same may be conducted in th name of the existing corporations, to final judgmen or such new corporation may be, by order of th court on motion, substituted as a party.

Tax on property, real and personal, of

new com

pany.

$6. The real estate of such new corporation situat within this State, shall be assessed and taxed in th several towns and cities where the same shall t situate, in like manner as the real estate of othe railroad corporations is taxed and assessed, and suc proportion of the personal property of such ne corporation shall in like manner be assessed an taxed in the town, city or ward where the principa office or place for transacting the financial concern of the company shall be in this State, as the nun ber of miles of its railroad situate in this Stat bears to the whole number of miles of such co solidated road.

$ 7. All the provisions of the act entitled "An a to authorize the formation of railroad corporation and to regulate the same," passed April secon eighteen hundred and fifty, and of the several ac amendatory thereof, or in addition thereto, shall applicable to the new corporation, so to be forme as aforesaid, so far as the same are now applicab to the Buffalo and State Line railroad company.

S 8. This act shall take effect immediately.

Chap. 67.

AN ACT to legalize the acts of the Board of Town Auditors of the town of Sempronius, Cayuga county, in auditing claims for money advanced to pay town bounties.

Passed March 9, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The acts and proceedings of the board of town auditors of the town of Sempronius, in the county of Cayuga, in auditing claims for money advanced to pay town bounties of said town, at their annual meeting for the year eighteen hundred and sixty-six, are hereby ratified and confirmed, and declared to be and made in all things legal.

32. This act shall take effect immediately.

Chap. 68.

AN ACT to amend chapter seven, title three, article four, part three, of the Revised Statutes, entitled "of depositions taken in this State, to be used in courts of other states and countries."

Passed March 9, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Sections twenty-nine and thirty of article four, title three, chapter seven, part third of the Revised Statutes, are hereby amended so as

to read as follows:

of

29. Any party to a suit depending in any court

any other State of the United States, or of any

foreign country, may obtain the testimony of any vitness residing in this State, to be used in such

suit.

$30. If a commission to take such testimony shall have issued from the court in which such suit

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Contents of
summons.

$2. Section thirty-one of said article is herel

amended to read as follows:

§ 31. Such summons shall specify the time a
place at which such witness is required to attent
the place shall be within the county in which su
witness resides, or within forty miles of his residen
if out of his county; and such witness shall be pa
the sum of two dollars for each day of his atten
ance in obedience to said summons, and eight cer
per mile for his necessary travel in going to sa
place.

AN ACT in relation to the minutes and recor

of the Surrogate's Court of Albany county.

Passed March 9, 1867.3

The People of the State of New York represented

Senate and Assembly, do enact as follows:

SECTION 1. In case there shall be found in tl

office of the surrogate of the county of Albany, ar
orders, decrees, probates, certificates or other offici
papers, duly made, granted or rendered by an
surrogate of said county, but which have not be
signed, entered, filed or recorded in accordance wi

the provisions of law or the practice of surrogates' courts, it is hereby made lawful for the present or any future surrogate of the said county to sign, enter, file, record or certify the same. And when the same shall have been so signed, entered, filed, recorded or certified, it shall be with the same force, effect and validity as if it had been done by the surrogate But making, granting or rendering the same. nothing in this act contained shall be taken or held to ratify or confirm, by act of the legislature, any void or illegal act of any surrogate.

$2. This act shall take effect immediately.

Chap. 70.

AN ACT to release to Julia Conners, the estate, right, title and interest of the people of the State of New York, of, in and to a certain piece of land, situate in the town of Brighton, and county of Monroe, of which Thomas Murphy died seized or possessed.

Passed March 9, 1867; by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All the estate, right, title and interest of the people of the State of New York by escheat, of, in and to the following described premises, viz.:

"All that certain piece or parcel of land situate in the town of Brighton, county of Monroe, and State of New York, being fourteen acres to be taken off the south side throughout the whole length thereof, easterly and westerly, of all that general tract or parcel of land in the town aforesaid described as follows: Commencing in the center of the Genesee river on the east boundary line between the premises hereby intended to be conveyed and lands belonging to the estate of Simeon Lewis, late of said town, deceased; thence southerly on said boundary line eighteen chains and twenty-two links to the north division line of lot number eighty; thence westerly

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