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all other moneys which said board are authorized to raise. Provided, however, that no lands within said. town used for farming purposes, lying more than five hundred feet from the line of the said road, shall Lands be taxed or assessed for any work done under this from tax. section.

73. The said board are hereby authorized whenever they shall deem proper to erect or cause to be erected a bridge and causeway over and across Cromwell's creek in said town, at such point as they shall deem best and of such material as they shall determine, the cost of such bridge and causeway shall not exceed the sum of seven thousand five hundred dollars. Such bridge and causeway shall be built by contract. The said board shall cause specifications of the work to be done, to be made and filed with the clerk to said board. They shall then cause a notice to be published in a newspaper published in said town, once in each week for three weeks successively, a notice stating the filing of such specifications, and the time and place when and where such board will meet to receive sealed proposals for constructing such bridge and causeway. At the time and place stated in such notice or at such time as the said board shall adjourn to for that purpose, such sealed proposals as shall be presented, shall be publicly opened by the president of said board. The said board shall thereupon determine which is the most favorable proposal, and may then enter into a contract for building such bridge and causeway in accordance with such specifications and proposal, with any person whose proposal shall be so accepted, who shall furnish satisfactory security to said board for the faithful performance of said work.

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causeway

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well's creek,

causeway.

74. The said board shall have power to borrow Bonds for upon the faith and credit of said town, a sum of bridge and money sufficient to build such bridge and causeway, not exceeding five thousand dollars, and for that purpose they shall have power to issue bonds in their corporate name and under their corporate seal, signed by the president and clerk and countersigned by their treasurer. Such bonds shall bear interest at the rate Interest. of seven per cent per annum payable semi-annually,

and shall be issued in such amounts as the said board shall determine, but not less than one hundred dol lars; and such bonds shall not be negotiable by said board at less than their par value. One-third of the amount of such bonds shall be made payable in one year, one-third in two years and one-third in three years. It shall be the duty of said board to provide Payment of for the payment of such bonds so to be issued by levying a tax upon the taxable property of said town from time to time, sufficient to pay the said bonds and the interest thereon as they shall mature. The moneys so to be raised by tax shall be in addition to all other moneys which said board are authorized to raise. The taxes so to be levied shall be levied and collected in the same manner that other taxes are levied and collected in said town.

bonds.

S2. This section shall take effect immediately.

Chap. 912.*

AN ACT to regulate fare on the Albany and
West Stockbridge Railroad.

Passed September 13, 1866.

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

SECTION 1. The Albany and West Stockbridge Railroad Company, their lessees or assigns, and any and all persons, companies or corporations, running or working said railroad, are hereby allowed to, and may charge and receive, for the transportation of persons on and over said railroad, the sum of three cents per mile and each fraction of a mile for each person so transported; and the said Albany and West Stockbridge Railroad Company, their lessees or assigns, and any and all persons, companies or corporations, running or working said railroad, are forbidden to charge, demand or receive any greater sum for the transportation of passengers over the said railroad, than is herein provided.

*This law was not signed by the Governor in time to be bound with the Laws of 1866.

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$2. All acts and parts of acts inconsistent with, or contrary to the provisions of this act, are hereby repealed.

33. This act shall take effect September first, eighteen hundred and sixty-six.

Chap. 913.*

AN ACT for the relief of the Sackett Street Rail-
road Company.

Passed October 11, 1866.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:

SECTION 1. It shall be lawful for the "Sackett
Street Railroad Company," to construct and operate
the railroad proposed to be constructed by the said
company, upon and along the route designated in
the articles of association of said company, on file
in the office of the Secretary of State; namely:
Commencing at Hamilton avenue ferry, in the city of
Brooklyn, at or near the foot of Sackett street in
said city, thence running through and along said
Sackett street to Ninth avenue, in said city, with a
branch from Sackett street through and along Bond
street to Bergen street, in said city, and to lay thereon
iron rails of less weight than prescribed by the gen-
eral railroad law, the pattern and weight of such rails
to be as those used on Brooklyn city railroads, but
such railroad shall not be constructed upon Sackett
street between Bond street and the Ninth avenue
above named, unless the written consent of a major-
ity of the owners of property fronting on such portion
of Sackett street shall be first given, and such consent
shall be acknowledged or proved so as to entitle it to
be recorded, and shall be recorded in the office of the
register of the county of Kings; and nothing in this
act contained shall authorize the construction of any
track or tracks in any part of the streets above
named, in which part any track or tracks are now
laid or operated upon by any railroad.

This law was not signed by the Governor in time to be bound with the -0 Laws of 1866.

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Within what time road to be built.

$2. The condition and restrictions upon and under which the said company shall operate their said road shall be such as govern the Brooklyn city railroad company in the operation of their railroad within said city, so far as the same may be applicable to the first named company, and the road which it may construct.

S3. The said company are hereby required to build and construct said railroad over and upon the route designated by their articles of association, within two years after the grading and paving of the streets upon which the same is contemplated to be constructed.

S 4. This act shall take effect immediately.

Chap. 914.*

AN ACT for the relief of Jacob Schaub. Passed November 13, 1866; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The canal board are hereby authorized and required to rehear the claim of Jacob Schaub for damages sustained by him in the construction of the Bassett lock, on the Champlain canal, by reason of the location thereof being changed after the execution of the contract for the construction of the same, and after a portion of the work having been performed in accordance with said contract, which change of location was made by direction of the resident engineer, and to award to said Schaub, or his assigns, such sum as shall in their judgment, after taking proofs in relation thereto, equal the damages he sustained by reason of such change of location, including the damages and increased cost growing out of any change of plan, or change in the qualities of said work from the exhibits made before the letting of said contract, and the damages resulting from the delay in the execution of said work, caused by such change of location, after deducting

*This law was not signed by the Governor in time to be bound with the Laws of 1866.

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such sums as he may have received toward the liquidation of such damages, which board shall not allow under this act to exceed six thousand seven hundred and fifty dollars.

32. The auditor shall draw his warrant on the treasurer in favor of said Jacob Schaub, or his assigns, for such sum as may be awarded to said Schaub under the provisions of this act, and the sum so awarded as herein before provided, shall be paid out of any moneys in the treasury, appropriated or to be appropriated for the improvement of the Champlain canal.

33. This act shall take effect immediately.

Chap. 915.*

AN ACT to authorize the refunding to the banks and insurance companies in the city and county of Albany, the taxes for the years eighteen hundred and sixty-three, and eighteen hundred and sixty-four, imposed, paid and collected upon that portion of their capital stock invested in securities of the United States by law exempt from taxation.

Passed November 15, 1866; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The board of supervisors of the city and county of Albany, shall levy and collect in the next annual tax levy in said city and county, so much money as may be necessary to refund to the several banks and insurance companies in said city and county, such sum or sums of money, with interest thereon from the time of payment thereof, except such sum or sums as may, previous to the time of said tax levy be refunded to said banks and insurance companies by the board of supervisors of said eity and county as they have paid or shall have paid for taxes improperly levied and assessed upon them

This law was not signed by the Governor in time to be bound with the

Laws of 1866.

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