All real estate so acquired under and in pursuance of the provisions of this act shall be deemed to be acquired for public use. railroad act 5. All of the provisions of the aforesaid act and of General the amendments thereto relating to the proceedings applicable. which may be taken by railroad companies to acquire title to real estate, shall apply, so far as the same are applicable, to the proceedings authorized by this act. §6. This act shall take effect immediately. Chap. 704. AN ACT to authorize the Newark Cemetery Association in the village of Newark, Wayne county, to take the care of and control the old burying ground in said village, adjoining the cemetery ground of said association. Passed May 7, 1869. The People of the State of New York, represented in Senate and Assembly, do enuct as follows: SECTION 1. The Newark Cemetery Association are hereby authorized and empowered to take charge of the old burying ground in the village of Newark, bounded on the west by Willow avenue, on the northeast and south by lands of the Newark Cemetery Association; to improve the same and control the burial of the dead therein, and to do all other things that they are now authorized to do on their own grounds. § 2. All the rights heretofore acquired by the persons using the same for burial purposes, are reserved to them and their heirs, subject to the foregoing section of this act. § 3. This act shall take effect immediately. Corporators. Corporate Objects. Value of General powers and Chap. 705. AN ACT to incorporate the "New York Sea- Passed May 7, 1869. The People of the State of New York, represented in SECTION 1. William A. Booth, Charles C. Duncan, § 2. The name of this association shall be the "New York Seamen's Association," and said association shall be located in the city of New York. § 3. The object of this association shall be the moral, mental, and social improvement of seamen, to elevate their character and efficiency as a class, and to protect them from abuses at home and abroad. § 4. This association shall have power to own property, real and personal, to the amount of one hundred thousand dollars, besides sufficient capital for its working purposes. 5. The said corporation shall also possess the powers liabilities. and be subject to the restrictions and liabilities contained in the third title of the eighteenth chapter of the first part of the Revised Statutes. § 6. This act shall take effect immediately. JAC Chap. 706. AN ACT with reference to mortgages by corporations organized under the act entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes," passed February seventeen, eighteen hundred and forty-eight, and the acts amending or extending the same. Passed May 7, 1869. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. In all cases where a corporation shall have heretofore made or shall hereafter make a mortgage of any of its real estate situated beyond the limits of this State, and the recording officer of the county in which such real estate is situated shall have refused, or shall refuse, to file or record the assent as now required by law, it is hereby declared to be and to have been a sufficient filing of the assent of the stockholders, if such assent shall have been or shall hereafter be filed in the office of the clerk of the county where the company has its principal place of business within this State. §2. This act shall take effect immediately. Chap. 707. AN ACT relative to the widening, straightening, laying out and opening of St. Ann's avenue and Carr avenue, in the town of Morrisania, in the county of Westchester. Passed May 7, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Henry F. L. Bunting, Michael J. Ber- Commisgen, Thomas Rogers, Henry Purdy, James Steadman, sioners. Charles W. White and Ernest Hall, are hereby appointed commissioners, and, as such, are hereby authorized and To open and grade St. Ann's and Carr avenue. Width ing of St. nue. Commis- may points of directed to widen, lay out, open, grade and work St. Ann's avenue, in the town of Morrisania, from the waters of the East river to its terminus at the Westchester road or turnpike, and to extend the said avenue northerly across the block lying opposite the northerly end of said avenue until it shall intersect Carr avenue, and, from such point of intersection, to widen, lay out, open, grade and work the said Carr avenue to its intersection with the Boston road. The said avenues shall be laid out and opened to a width of one hundred feet. The said avenues may be widened upon either or both sides thereof, as shall seem best to such commissioners, except that said Carr avenue, at its northerly ⚫ Straighten- end, shall be widened only upon its westerly side. The Ann's ave- said commissioners shall also straighten St. Ann's avenue between One Hundred and Thirty-sixth street and Division avenue. The said commissioners shall also, as a part of the said improvement, acquire title to the points of land, if any, that may be left after the said widening of said Carr avenue, lying between said Carr avenue and the Boston road, and bounded southerly by an extension in a straight line of the southerly line of Cliff street to the Boston road, in order to give an easy apMay take proach to the Boston road. Should the aforesaid widening or straightening of said avenues require the taking of any portion of the cemeteries at Bensonia or at St. May disin- Ann's church, such bodies of deceased persons as are interred in such portions of said cemeteries so taken, shall be carefully removed by said commissioners or under their direction, and shall be decently reinterred by said commissioners in other parts of such cemeteries, if there be sufficient room therein, and if there be not sufficient room therein, then in Woodlawn cemetery, unless the friends or relatives of such deceased persons shall choose to inter them in some other place. The expense of removing such bodies and reinterring them in either of said cemeteries shall be included as part of the expense of grading and working said avenues. The said avenues and the lands so acquired shall be public Name of highways. The said avenues, when widened, shall be known as Broadway. In case of the death, resignation or refusal to act of any or either of said commissioners, portions of ter bodies. Reinter- Expenses how paid. thereof, avenues, when in commis filled. quorum. no pay. lands. the remaining commissioners, or a majority of them, as Vacancies often as such vacancy shall happen, shall appoint a sion, how suitable person, who shall be an elector in the town of Morrisania, to fill such vacancy, and such appointee shall have the power and authority vested in a commissioner by this act. A majority of the commissioners shall have Business the power to perform the duties herein specified. Such commissioners, before entering upon the duties herein office. specified, shall severally take and subscribe an oath, before some person authorized to administer oaths, faithfully and impartially to exercise and perform the duties of said office; but no compensation or allowance what. To receive ever shall be made to the said commissioners, or any or either of them, for their services by virtue of this act. § 2. It shall be lawful for said commissioners, and for May enter all persons acting under their authority, to enter, in the day time, into and upon any lands, tenements and hereditaments which they shall deem necessary to be surveyed, used or converted for the laying out, widening, opening, extending or making said avenues; and Survey the said commissioners, or a majority of them, shall avenues to cause a survey and map of said avenues to be made, on which they shall accurately show all the lands to be taken for said improvements, the number of feet and inches to be taken from the respective owners or occupants of said avenues. The damages awarded for the Damages taking of the lands, tenements and hereditaments to be taken, how taken for the laying out, opening, widening or extend- assessed. ing, shall be paid for by assessing the amount thereof in the manner hereinafter provided, upon the strips of land, two hundred feet deep, fronting on each side of said avenues respectively. and map of be made. for lands Commis sioners of estimate ment, to be tion § 3. The payments of awards for damages to such lands, tenements or hereditaments to be taken or converted, and the assessments upon said lands fronting on and assesssaid avenues, to pay such awards, shall be apportioned in appointed. such manner as they shall deem most equitable and To apporjust, by three commissioners of estimate and assessment, who shall be residents of the county, to be appointed by the Supreme Court, at a special term held in the judicial district in which said county is situated, on the application of the commissioners named in this act. awards ages and for dam assessments. |