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preference for the transaction of business shall be granted by said railroad corporation to any one of two or more companies or associations competing, in the business of transporting property for themselves or for others, upon the railroad owned or operated by such corporation, either upon the cars, or in the depots or buildings, or upon the grounds of such corporation; and whenever the railroad of such corporation, at or near the same place, connects. with, or is intersected by any other railroad, such corporation shall fairly and impartially grant and afford to each of such competing companies or associations, equal terms of accommodation, privileges and facilities in the transportation of property and freight to and upon such connecting or intersecting railroad, and shall also grant and afford to each of such competing companies or associations, and to the officers, agents and employés thereof equal facilities in the interchange and use of express, freight and other cars, so far as may be necessary to accommodate the business of each of such competing companies or associations, and every railroad corporation shall be liable to the party aggrieved in an action for damages for any neglect or refusal in the premises. The provisions of this section shall apply to all existing railroad corporations.

S2. This act shall take effect immediately.

Chap. 50.

AN ACT to authorize the town of Le Roy, in the county of Genesee, to raise ten thousand dollars for the benefit of "The Le Roy Academic Institute."

Passed March 4, 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 town of Le Roy is hereby author ized to raise the sum of ten thousand dollars upon its bonds, to be executed by the supervisor and town clerk; such bonds to be payable in ten equal annual

of question

installments, from January first, eighteen hundred and sixty-eight, with annual interest, which bonds shall be delivered to the trustees of "The Le Roy Academic Institute," to be appropriated by them for the benefit of said institute. Provided, however, that Submission before the said bonds shall be issued, the question to electors. of raising said money shall be submitted to the electors of the town of Le Roy for adoption or rejection, to be signified by a vote by ballot, to be taken at the annual town meeting to be held for the year eighteen hundred and sixty-seven; such ballots to have printed or written thereon, "For raising ten thousand dollars for the Le Roy Academic Institute;" or, "Against raising ten thousand dollars for the Le Roy Academic Institute." If a majority of the ballots so cast shall be in favor of raising said sum of ten thousand dollars, then said bonds to be issued, as aforesaid, and delivered to said trustees or the treasurer of the said Le Roy Academic Institute.

ment.

$2. If the said sum of ten thousand dollars shall Tax for pay be voted, as aforesaid, the same shall be assessed and levied upon the taxable property of said town, in the same manner as other taxes, to pay said bonds from time to time as the same shall mature, together with interest. When said bonds shall be delivered, as aforesaid, the acting supervisor of the town of Le Roy, shall, from that time forward by virtue of his office, be a trustee of the said "The Le Roy Academic Institute."

§3. This act shall take effect immediately.

Chap. 51.

AN ACT to amend an act to incorporate the village of Warsaw, passed March seventeenth, eighteen hundred and sixty, so as to enable the trustees thereof to fix and prescribe fire limits therein.

Passed March 4, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section ten, title four of an act to

incorporate the village of Warsaw, passed Marc seventeenth, eighteen hundred and sixty, is hereby amended by adding thereto the following clause "And the said trustees, for the purpose of guarding against the destruction of property by fire, shall hav power to designate and prescribe limits in said villag within which no wooden buildings shall be erected or placed, without the permission in writing of al the said trustees, to be obtained at a meeting specially called for that purpose, public notice of which shal have been given by publication in the newspaper of said village, at least one week previous thereto." S2. This act shall take effect immediately.

Chap. 52.

AN ACT confirming the election and official act of Walter Tefft as an assessor of the town o Moriah, in the county of Essex.

Passed March 6, 1867; three-fifths being present. The People of the State of New York, represented ir Senate and Assembly, do enact as follows:

SECTION 1. The election of Walter Tefft as ar assessor in and for the town of Moriah, in the county of Essex, is hereby ratified and confirmed, and he shall hold said office of assessor in said town during the term for which he was elected, in the same man ner and with the same effect as if he had taken and filed his oath of office and acceptance within the time required by law, if he shall, within twenty days after the passage of this act, take and file his official oath according to law; and all the official acts of said Walter Tefft as such assessor are hereby ratified and confirmed. Nothing herein contained shall be taken or construed to affect any action or proceeding now pending, or any right now vested.

S2. This act shall take effect immediately.

Chap. 53.

AN ACT to amend chapter eighty-four of the laws of eighteen hundred and sixty-one, increasing the salary of the District Attorney of Chautauqua County.

Passed March 7, 1867; three-fifths being present.

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

SECTION 1. Chapter eighty-four of the laws of eighteen hundred and sixty-one, is hereby amended so as to read as follows:

The district attorney of the county of Chautauqua, shall receive for his services as such district attorney, commencing on the first day of January, A. D. one thousand eight hundred and sixty-seven, in lieu of the compensation now allowed, and in lieu of all fees, and exclusive of disbursements, a salary of one thousand two hundred dollars a year, which shall be a County charge, to be paid to him by the county treasurer in quarter-yearly payments.

52. This act shall take effect immediately.

Chap. 54.

AN ACT to amend sections eleven and twelve of an act entitled "An act to incorporate the Albany and Delaware Turnpike Company," passed March second, eighteen hundred and five.

Passed March 7, 1867.

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

SECTION 1. Sections eleven and twelve of the act entitled "An act to incorporate the Albany and Delaware turnpike company," passed March second, eighteen hundred and five, are hereby amended so as to read as follows:

Proceedings, when

road is out of repair.

Compensation of inspectors.

§ 11. And be it further enacted, that whenever the said turnpike road shall at any time be out of repair, so as the traveling thereof shall be incommoded, and complaint thereof, on the oath of any reputable freeholder shall be made to the inspectors appointed in and for the county where such defect in said road shall be, under and in pursuance of section thirty-three of an act of the legislature of this State, passed May seventh, eighteen hundred and forty-seven, entitled "An act to provide for the incorporation of companies to construct plank roads, and of companies to construct turnpike roads," and specifying wherein such road is out of repair, that then it shall be the duty of said inspectors to view and examine the same; and in case such inspectors shall find the said road to be out of repair, then such inspectors shall, by an order in writing, under their hands, authorize and require such gate or gates thereof as they shall direct to be opened; and thereafter such gate or gates, so directed to be opened, shall not be shut, nor shall any toll be exacted until the said road shall be put in good and sufficient repair; being satisfied of which, it shall be lawful for said inspectors in writing under their hands, again to permit such gate or gates to be shut, and toll to be exacted and taken as heretofore.

§ 12. And be it further enacted, that the said inspectors shall each be entitled to receive for their services on each complaint, the sum of two dollars for every day, not exceeding two days at any one time, they shall be employed in executing the duties enjoined upon them; and in case the said inspectors shall find and determine the said road to be out of repair, then the said president, directors and company, shall pay all the costs that have accrued on such examination, otherwise the person complaining shall pay the same.

$2. All provisions of the existing charter of this company inconsistent with this act, are hereby repealed.

$3. This act shall take effect immediately.

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