sions of this act have been fully observed and !complied with. 33. Upon the making and perfecting the agreement and act of consolidation as hereinbefore proled, and filing the same or a copy thereof in the fee of the Secretary of State as aforesaid, the said rporations parties thereto shall be deemed and en to be one corporation, by the name provided said agreement and act, and possessing within State, all the rights, privileges, exemptions and franchises, and subject to all the restrictions, disabilities and duties of each of such corporations so Consolidated. consolida 4. Upon the consummation of said act of con- Effect of solidation as aforesaid, all and singular the rights, tion. prileges, exemptions and franchises of each of said corporations, parties to the same, and all the roperty, real, personal and mixed, and all debts ne on whatever account to either of said corporaions, as well as all stock subscriptions and other things in action belonging to either of said corporaons, shall be taken and deemed to be transferred to and vested in such new corporation, without further et or deed; and all claims, demands, property, nights of way and every other interest shall be as effectually the property of the new corporation as they were of the former corporations, parties to the said agreement and act; and the title to all real estate, either by deed or otherwise, under the laws of this State, vested in either of such two corporations, parties to said agreement and act, shall not be deemed to revert or be in any way impaired by reason of this act, or anything done by virtue thereof, but shall be vested in the new corporation Oy virtue of such act of consolidation. cre litors of 35. The rights of all creditors of, and claimants Rights of against, and all liens upon the property of either of companies said two corporations, parties to said agreement and preserved. act, shall be preserved unimpaired, and the respective corporations shall be deemed to continue in existence to preserve the same; and debts, liabilities and duties of either of said two corporations shall thenceforth attach 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 pro 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 dis 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 1 applicable to the new corporation, so to be form 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 When' Judge is pending, or if any notice to take the testimo of witnesses in this State, shall have been issued any other State of the United States in any st therein pending, pursuant to the statutes of sa S2. Section thirty-one of said article is here] § 31. Such summons shall specify the time a place at which such witness is required to atten 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 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 t 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 making, granting or rendering the same. But 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 |