Commissioners. Terms of office. and forty-four, is hereby amended so as to read as follows: 3. The government of the said association, and the management and disposition of its affairs and property, shall be vested in such officers, and according to such rules and regulations, as the by-laws thereof shall, from time to time, ordain; and the said officers shall have power to issue certificates for shares of stock interest in said association to the rightful proprietors, and prescribe the manner of transfer; and in case of the loss or destruction of any such certificates said officers may issue new certificates in lieu thereof, on proof, satisfactory to them, of such loss or destruction. And the meetings of the association shall at all times be public. S2. This act shall take immediately. Chap. 81. AN ACT appointing railroad commissioners of the powers Passed March 13, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Edward Ward, Francis Burdick and Mortimer Wade, are hereby constituted and declared to be railroad commissioners of the town of Johnstown, in the place of such railroad commissioners authorized by the first section of an act entitled "An act to authorize the town of Johnstown, in the county of Fulton, to issue town bonds and loan the same to the Fonda, Johnstown and Gloversville railroad company, and to regulate the rate of charges for carrying passengers upon said road," passed February first, eighteen hundred and sixty-seven, and required to be appointed by the county judge of said county of Fulton, on the application of any ten freeholders and residents of said town of Johnstown. S2. The persons appointed by the first section of this act shall respectively hold the office of such rail road commissioner from the passage of this act until the first day of March, in the year eighteen hundred and sixty-eight, and all vacancies in such office of Vacancies. railroad commissioner shall be filled by the county judge of Fulton county, in the manner provided by the act referred to in the first section of this act, and the provisions of said act, as modified by this act, shall apply to the commissioners appointed by this act and their successors in office. bonds. $3. Such commissioners shall not issue town bonds Town amounting in the aggregate to a sum greater than fifteen per cent of the value of the taxable property of the town of Johnstown appearing upon the assessment roll of said town for the year eighteen hundred and sixty-six, and no greater amount of such bonds shall be attested by the town clerk of said town. conditions may be to railroad 54. Such commissioners shall not transfer any on what such town bonds to the Fonda, Johnstown and town bonds Gloversville railroad company, or deliver any such transferred bonds to the treasurer of said company until, in company. addition to the terms, conditions and requirements provided and required by section seven of the act referred to in the first section of this act, fifty thousand dollars of the capital stock of such company shall have been subscribed and paid in to the treasurer of said company, and seventy-five per cent of the avails thereof shall have been expended in procuring the right of way over which said railroad is to be constructed, and title thereto free from any incumbrance, and in constructing or constructing and equipping such railroad, and the same shall have been duly disbursed by said treasurer; which expenditure and disbursements shall be proved by a verified statement of such treasurer, in writing, showing by what authority each item was disbursed; and such statement shall be accompanied by an exhibit of such authority, and a receipt for each item so disbursed. Such verified statement shall be forthwith filed by the commissioners in the office of the clerk of Fulton county. 35. When such proof of expenditure and disbursement shall be made to such commissioners they shall transfer to said company and deliver to said When seventy-five thousand. dollars of transferred. &c. treasurer such town bonds to the amount of seventyfive thousand dollars and no more; and when bonds to be seventy-five per cent of the aggregate avails of such bonds shall have been expended in constructing or constructing and equipping such railroad, and proved in the manner above provided, the said commissioners shall forthwith file the verified statement of such treasurer as aforesaid, and transfer to said railroad company and deliver to such treasurer a second installment of such town bonds, to the amount, in the aggregate, of seventy-five thousand dollars and no more. And when the avails of such second installment of bonds, seventy-five per cent thereof, shall have been expended, disbursed and proof made in the manner above provided, such commissioners shall transfer to said company, and deliver to the treasurer thereof, a third installment of such bonds, to the amount, in the aggregate, of seventyfive thousand dollars, or so much thereof as may be necessary with the first two installments to make, in the aggregate, a sum equal to fifteen per cent of the value of the taxable property of said town of Johnstown, appearing upon the assessment roll of said town for the year eighteen hundred and sixty-six, and no more. Acquiring title to real estate. S6. When fifty thousand dollars of the capital stock of said railroad company shall be subscribed in good faith, if said company shall be unable to agree for the purchase of any real estate required for the purposes of its incorporation, it shall have the right to acquire title to the same in the manner and by the special proceedings provided by chapter one hundred and forty of the Laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations, and to regulate the same," and the petition for that purpose authorized and provided for by the fourteenth section of said act, shall state that "fifty thousand dollars of the capital stock of the company has been in good faith subscribed," in lieu of the statement that the whole capital stock of the company has been in good faith subscribed," as provided by said section fourteen. $7. All provisions of the act referred to in the first section of this act, inconsistent with the foregoing provisions of this act, or any of them, are hereby modified so as to be in keeping with the provisions of this act. 58. This act shall take effect immediately. Chap. 82. AN ACT to amend the charter of the village of Cortland enlarging the boundaries thereof. Passed March 13, 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 first section of the act entitled "An act to incorporate the village of Cortland in the town of Cortlandville, county of Cortland, and to repeal its present charter," passed April twenty-eighth eighteen hundred and sixty-four, is hereby amended so as to read as follows: 1. All that part of the town of Cortlandville in the county of Cortland, within the following limits, or boundaries, to wit: Beginning in the center of the east branch of the Tioughnioga river, at its intersection with the north line of lot number sixty-six in said town, and running thence west, on said north line of said lot and the north lines of lots number sixty five and sixty four, in said town, one hundred and eighty-seven chains and ninety-eight links; thence south one hundred and forty-four chains and seventy links, to the center of Tompkins street, so called; thence east one hundred and seventy-six chains and sixty-four links; thence north fifty-eight chains and seventy links to the center of Port Watson bridge, so called, and the center of Tioughnioga river; thence up the center of said river, and the center of the east branch thereof, eighty-seven chains and ninety links to the place of beginning, shall constitute the village of Cortland; and the inhabitants residing therein, are hereby declared to be a body politic and corporate by the name of the village of Cortland, and as such shall have perpetual succession; may sue and be sued, complain and defend, in any court of law or equity; may take, hold, purchase and convey, real estate and personal property, as the purposes of such corporation may require; adopt and use a common seal and alter the same at pleasure, and may exercise such other powers as are or may be conferred by law, or as shall be necessary to carry the powers conferred on such corporation into effect. S2. All the provisions of the act hereby amended shall be applicable to the territory, and the inhabitants thereof hereby added to said corporation limits. S3. This act shall take effect immediately. Chap. 83. AN ACT authorizing and directing the Common Council of the city of Buffalo to pay to Jeremiah Mahoney, Street Commissioner of said city, certain amounts for livery and horse keeping, during the years one thousand eight hundred and sixty-six, and one thousand eight hundred and sixty-seven. Passed March 15, 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 common council of the city of Buffalo is hereby authorized and empowered to pay to Jeremiah Mahoney, street commissioner of said city, the sum of five hundred dollars, in addition to his salary as heretofore fixed by said common council, for the purpose of reimbursing him for the expenses of livery and horse keeping, incurred by him in the discharge of the duties of his office during the year one thousand eight hundred and sixty-six, and the further sum of five hundred dollars, in addition to his said salary, to defray the expenses of livery and horse keeping which may be incurred by him during the year one thousand eight hundred and sixty-seven. And the comptroller and common council of said city are hereby authorized and |