Principal business office. Constitution and by-laws. Officers and managers. Rights and privileges tion. and the traffic in intoxicating beverages, and the publi- § 3. The said corporation may from time to time adopt § 4. The management and disposition of the affairs of this organization shall be vested in such officers and board of managers as may be annually elected or appointed in the mode provided in the constitution and by-laws of the said organization, and who shall hold their offices until others are elected or appointed in their stead. § 5. The said corporation shall be entitled to all the of corpora- rights, privileges and immunities, and subject to all the liabilitics and restrictions, which are granted, imposed or required by the general laws of the State in reference to incorporations. Tariff of tolls. § 6. This act shall take effect immediately. Chap. 516. AN ACT authorizing the Saranac River Plank Passed May 3, 1869. The People of the State of New York, represented in SECTION 1. The directors of the Saranac River Plank road may § 2. And said company, for the purpose of strength- Route of ening their said road, are hereby authorized and em- be powered upon obtaining the consent of John H. San- changed. born and Ebenezer S. Winslow, the owners of the lands through which said road will run, or their assigns, to change their said road from in front of the residence of said Sanborn, to the head of Bridge street, laying the same through Court street and Margaret or Oak and Clinton streets. § 3. This act shall take effect immediately. Chap. 517. AN ACT to ratify the consent of the Seneca nation of Indians to the location of a mill dam at Irving. Passed May 3, 1869. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The consent of the Seneca nation of Indians, as by their resolution of August twenty-fourth, eighteen hundred and sixty-five, that Henry J. Newton, of Hanover, Chautauqua county, State of New York, may connect his mill dam with the north bank of the Cattaraugus creek, is hereby ratified and confirmed. §2. This act shall take effect immediately. Chap. 518. AN ACT to amend an act entitled "An act to lay out, open, extend and work certain highways in the town of West Farms, known as Fairmount Avenue and Berrian Avenue," chapter seven hundred and thirty-six, laws of eighteen hundred and sixty-eight. Passed May 3, 1869; 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 an act entitled "An act to lay out, open, extend and work certain highways 1 Commissioners to open and extend Berrian avenue. road. Agree ments may be made with land owners. in the town of West Farms, in the county of Westchester, known as Fairmount avenue and Berrian avenue," passed May eight, eighteen hundred and sixty-eight, is hereby amended to read as follows: § 1. Cornelius Reagles, John Kirby, Peter Hurley, Daniel Valentine and John Berrian are hereby constituted and appointed commissioners to lay out, open, work, widen and extend Berrian avenue, in the town of West Farms, from its present southerly terminus, where the said Berrian avenue intersects the road leading from West Farms to King's bridge, northerly to the road Width of leading from Williams' bridge to King's bridge; said avenue not to be less than three rods in width, and for the purpose of laying out and working said highway, the said commissioners are authorized and empowered to make an agreement to pay the owner or owners of the lands taken for said highway such damages as they shall mutually agree, upon their executing a release for the same, and in the event of their being unable to mutually agree upon the said damage or damages, if any shall be sustained, then and in that case the said commissioners are hereby authorized and empowered, upon ten day's notice in writing served upon the owners or occupants, to apply to the county court of the county of Westchester, for the appointment of three suitable commissioners residing in said county, to award the damages therefor pursuant to existing laws upon the subject of laying out of highways, and they shall be allowed and paid the usual compensation for their ser Proceed ings in case of disagreement. vices. § 2. This act shall take effect immediately. Chap. 519. AN ACT to extend and facilitate the construction of the Cooperstown and Susquehanna Valley Railroad, and to authorize any town in the counties of Otsego and Herkimer, to issue bonds and take stock in said road. Passed May 3, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: of railroad field SECTION 1. The Cooperstown and Susquehanna Valley Extension Railroad Company are hereby authorized and empow- to Richered to continue and extend the route of their railroad Springs. from the northern terminus of said road, in the village of Cooperstown, in the town and county of Otsego, northerly by the most practicable course through the towns of Otsego and Springfield, and the town of Warren, in the county of Herkimer, to a point at or near Richfield Springs. ment of sioners. §2. On the application in writing of twelve or more Appointfreeholders, residents of any town in either of the coun- town ties of Otsego or Herkimer, it shall be the duty of the commiscounty judge of the county wherein such town is situ ated, within ten days after receiving such application, to appoint, under his hand and seal, not more than three freeholders, residents of said town, to be commissioners for said town, to carry into effect the purposes and provisions of this act, who shall hold their offices respect- Terms of ively for the term of five years, and until others shall office. be appointed and shall have duly qualified. amount, commis may §3. It shall be lawful for said commissioners to bor- To what row on the faith and credit of their respective towns and when, aforesaid such sum of money not exceeding twenty-five ioners per cent of the valuation of said town (as shall appear borrow by assessment roll of the year next prior to the applica- money. tion for the consent of the tax payers, as hereinafter provided), for a term not exceeding twenty-five years at a rate of interest not exceeding seven per cent per Rate of annum, and to execute bonds therefor, under their hand interest and seals respectively; the bonds so to be executed may be in such sums, and payable at such times and place not Bonds not to issue, until con sent of tax payers is obtained, how exe cuted and acknowledged. exceeding twenty-five years, and in such form as the said commissioners and their successors may deem expedient, but no such debts shall be contracted or bonds issued by said commissioners of or for either of said towns, until consent in writing shall first be obtained of a majority of the taxpayers (including corporations) of such town, owning more than a majority of the taxable property assessed, and appearing upon the last assessment roll of said town. Consents; The proof of execution of such consent shall be made in the same manner as conveyances of real estate, and in case of proof, the certificate shall state that the subscriber stated in the presence of the witnesses that he knew the contents of the instrument so subscribed by him. The said written consent of the tax payers shall state the amount of money authorized to be raised, and must be obtained on or before the first day of January, eighteen hundred and seventy-five, and the fact that the consent of a majority of the said tax payers, owning more than a majority of the taxable property assessed, has been obtained, as herein provided, shall be proved by the affidavit of one of the assessors of the town, or recorded by the affidavit of the town or county clerk, and shall be indorsed upon or annexed to said written consent, and the said consent, proof and affidavit shall be filed and recorded in the county clerk's office of the county in which such town may be situated, and a copy thereof, duly certified by the said county clerk, shall be filed in the office of the clerk of the town wherein the respective property affected thereby is situated, and the same, or a certified copy thereof, shall be presumptive evidence in any court of this State, and before any judge or justice thereof; and it shall be the duty of the said assessors and town and county clerk to make such affidavit, when said consent shall have been obtained and proof thereof made as provided in this section. Proof by assessors with con sent. Bonds may be sold at §4. The said commissioners authorized by this act, may in their discretion, dispose of such bonds, or any part thereof, upon such terms as they shall deem most advantageous for their said towns, but for not less than Investment par; and the money that shall be raised by any loan or in railroad sale of bonds shall be invested in the stock of the Cooperstown and Susquehanna Valley Railroad Company, stock. |