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within saipany in the govern the Brope

S 2. The condition and restrictions upon ai under which the said company shall operate their sa road shall be such as govern the Brooklyn city ra road company in the operation of their railro: within said city, so far as the same may be applic ble to the first named company, and the road whi it may construct.

S 3. The said company are hereby required build and construct said railroad over and upon t route designated by their articles of associatio within two years after the grading and paving of t] streets upon which the same is contemplated to 1 constructed.

$ 4. This act shall take effect immediately.

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Streets upo years after their articles

| 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 : Senate and Assembly, do enact as follows :

SECTION 1. The canal board are hereby authorize and required to rehear the claim of Jacob Schau for damages sustained by him in the construction ( the Bassett lock, on the Champlain canal, by reaso of the location thereof being changed after the ex cution of the contract for the construction of ti same, and after a portion of the work having bee performed in accordance with said contract, whic change of location was made by direction of th resident engineer, and to award to said Schaub, « 2ti2m2ti222ņēmēņ222/22ņētiņģēti2?§§\22\/2/2ņēmētiņ22 after taking proofs in relation thereto, equal ti damages he sustained by reason of such change o location, including the damages and increased cos growing out of any change of plan, or change in th qualities of said work from the exhibits made befor the letting of said contract, and the damages resnl ing from the delay in the execution of said wor] caused by such change of location, after deductin

* This law was not signed by the Governor in time to be bound with t1 Laws of 1866.

of sas nas of this vided, sopriatene

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

32. The auditor shall draw bis warrant on the Trasorer in favor of said Jacob Schaub, or his migns, for such sum as may be awarded to said Selanb under the provisions of this act, and the

in so awarded as hereinbefore provided, shall be paid out of any moneys in the treasury, appropriated a to be appropriated for the improvement of the Champlain canal. 53. This act shall take effect immediately.

auth.companies in thears eighteen, and

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 od county of Albany, shall levy and collect in the text annual tax levy in said city and county, so much money as may be necessary to refund to the several tanks and insurance companies in said city and wounty, such sum or sums of money, with interest thereon from the time of payment thereof, except such sum or sams as may, previous to tbe time of

id tax levy be refunded to said banks and insurDee companies by the board of supervisors of said rity and county as they have paid or shall have paid for taxes improperly levied and assessed upon them . *Thia law was not signed by the Governor in time to be bound with the

during the years eighteen hundred and sixty-three, and eighteen hundred and sixty-four, upon that part of the stock and surplus of said companies invested in the securities of the United States which were by law exempt from taxation.

Chap. 916.*
AN ACT for the relief of William Avery.

Passed December 1, 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 capal board are hereby authorized and required to hear and determine the claim of William Avery, contractor for keeping in repair section number one of the Oswego canal, for the expenses incurred in repairing the breaks and other damages on said section caused by the flood or freshet of March seventeenth, eighteen hundred and sixty-five, and to take proof thereon, and if, in the opinion of said board the said breaks and damages resulted from causes beyond the control of said contractor, and without fault or negligence on his part, they shall award to said William Avery such sum as said board shall find was actually expended by said contractor in repairing said breaks and damages on said section, after deducting such sums as have already been paid to said Avery under the terms of his contract for the same, but the sum so awarded shall not exceed twenty-three thousand dollars.

S 2. The Auditor of the Canal Department shall draw his warrant on the Treasurer in favor of the said William Avery, for such sum as may be awarded to him under the provisions of this act, and the sum so awarded as hereinbefore provided, shall be paid out of any money in the treasury, appropriated or to be appropriated for canal repairs.

S 3. This act shall take effect immediately. * Not signed by the Governor in time to be bound with the Session Laws of 1866.

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SINETIETH REGULAR SESSION OF THE LEGISLATURE, BEGUN
THE FIRST DAY OF JANUARY, AND ENDED THE
TWENTIETH DAY OF APRIL, EIGHTEEN
HUNDRED AND SIXTY-SEVEN, AT

THE CITY OF ALBANY.

Chap. 1. AN ACT to amend an act entitled “ An act to ineorporate the Oswego Water Works Company," passed May fourth, eighteen hundred and sixty-three."

Passed January 10, 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 Oswego Water Works Company," passed May fourth, eighteen hundred and sixty-three, is hereby amended by striking out the bame of Hamilton Murray, deceased, and inserting in lieu thereof the name of Daniel G. Fort.

$2. The second section of said act is hereby amended so as to read as follows: The capital stock Capital of said company shall be two hundred thousand dollars, and shall be divided into shares of one hundred dollars each, but may at any time be increased by The directors of the company, provided that such

Stock personal property, and assignable.

Directors, number, election or, &c.

capital stock shall not be increased so as to exceed the sum of four hundred thousand dollars.

S 3. The third section of said act is hereby amended so as to read as follows: Books of subscription to the capital stock of said company shall be opened under the direction of the corporators hereinbefore named, and subject to such rules as they may prescribe, and the stock of said company shall be considered personal property, and shall be assignable and transferable on the books of the company.

S 4. The fourth section of said act is hereby amended so as to read as follows: The business of said company shall be managed by nine directors, who shall be stockholders and residents of the city of Oswego, and who shall hold their offices for one year, and until others are chosen in their places. The annual election of directors shall be held on the first Wednesday of May in each year, at such place in the city of Oswego, and at such hour of the day as the directors, for the time being, shall appoint. Notice of every election shall be published once in each week for three weeks immediately preceding such election in two newspapers published in said city. Each stockholder shall be entitled to one vote upon each share of stock held by him or her at the time of, and which shall have been held by him or her for thirty days next previous to, such election. The elections shail be by ballot, and votes may be given either in person or by proxy.

$ 5. The fifth section of said act is hereby amended so as to read as follows: The first election of directors shall be held as soon as the capital stock shall have been subscribed, and due notice of such election given, and the directors then elected shall hold their offices until the first Wednesday of May, one thousand eight hundred and sixty-eight, and until others are chosen in their place. In case of vacancy in the direction by reason of the death or resignation of any director, or of his ceasing to be a stockholder, or by his removal from the city of Oswego, it may be filled by the remaining directors until the next annual election, or until some other person shall be elected to fill the same. The corpo

week very electithe time such hóunt such pl.

First elec tion,

Vacancies.

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