be issued by any municipal corporation in this state, to enter into any agreement with the commissioners appointed to issue said bonds, limiting and defining the time when and the proportions in which said bonds or their proceeds shall be delivered to said corporation, and the place or places where and the purposes for which said bonds or their proceeds shall be applied or used, and any such agreement in writing duly executed by such corporation, and a majority of such commissioners shall in all courts or places be valid and effectual. And such commissioners shall not be compelled by any court to deliver such bonds or their proceeds to such corporation, until such agreement shall be executed if required by them. § 2. This act shall take effect immediately.

Chap. 529.

AN ACT in relation to mechanics' liens.

Passed May 2, 1870.

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

SECTION 1. The provisions of the laws relating to mechanics' liens heretofore passed shall apply to bridges and trestle work erected for railroads and materials furnished therefor, and labor performed in constructing said bridges, trestle work and other structures connected therewith, and the time within which said liens may be filed shall be extended to ninety days from the time when the last work shall have been performed on said bridges, trestle work and structures connected therewith, or the time from which said materials shall have been delivered. This act shall apply to all uncompleted work commenced previous to the passage of this act.

§ 2. This act shall take effect immediately.

Chap 597.

AN ACT to amend an act entitled "An act to vest in the board of supervisors certain legislative powers, and to prescribe their fees for certain services," passed April third, eighteen hundred and forty-nine.

Passed May 3, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section two of an act entitled "An act to vest in the board of supervisors certain legislative powers, and to prescribe their fees for certain services," passed April third, eighteen hundred and forty-nine, is hereby amended so as to read as follows:

§ 2. Whenever any board of supervisors shall form a new town within its respective county from parts of other towns, or town which shall have bonded to aid in the construction of any railroad under any act authorizing the same, and such bonds or any part thereof shall remain unpaid; or when any board of supervisors shall change the line of any town which shall have bonded to aid in the construction of any railroad in this state, and such bonds or any part thereof shall remain unpaid, the new town so formed, and the town to which shall be annexed the part taken from another town, shall pay a proportionate share of such bonds as shall remain unpaid, which share shall be ascertained from the assessed valuation of such town or towns as contained in the last equalized valuation of the assessment roll made prior to the formation of such town or the change of any such line.

§ 2. It shall be the duty of the railroad commissioners of a town, any part of whose territory shall have been detached as aforesaid, to render a true statement to the board of supervisors, as now required by the general railroad act, of the amount necessary to pay the proportionate share belonging to the territory detached from their town which may be then coming due, and the board of supervisors shall add such proportionate share to the sums to be collected from the town so formed, or to which shall have been added the territory detached from the other town or towns, to be collected as heretofore provided for by statute.

§ 3. Such proportionate share of moneys so collected shall be paid by the supervisors of the town wherein collected to the railroad commissioners of the town or towns from which such territory shall have

been detached, and such commissioners shall use such moneys for the payment of the bonds issued in the same manner they are required to use the moneys raised in their own town.

§ 4. This act shall take effect immediately.

Chap. 636.

AN ACT to provide for the better protection of life and safety of property transported on the several railroads of this

state.

Passed May 5, 1870; three-fifths being present.

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

SECTION 1. No person shall be employed as an engineer by any officer or agent acting for or in behalf of either of the railroads of this state, who cannot read the printed time tables and ordinary handwriting.

§ 2. No person shall run an engine on a regular or special train upon either of the railroads of this state who cannot read printed time tables and ordinary handwriting.

§3. Any person offending against the provisions of this act shall, upon conviction thereof, be deemed guilty of a misdemeanor, and punishable for each offense by a fine not exceeding one hundred dollars, or six months' imprisonment in a county jail, in the discretion of the court having cognizance of the offense.

§4. This act shall take effect immediately.

Chap. 789.

AN ACT to amend chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, entitled "An act to amend an act entitled 'An act to authorize the formation of railroad corporations, and to regulate the same,' passed April second, eighteen hundred and fifty, so as to permit municipal corporations to aid in the construction of railroads," passed May eighteen, eighteen hundred and sixty-nine.

Passed May 18, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section four of chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, is hereby amended so as to read as follows:

§ 4. It shall be the duty of such commissioners, with all reasonable dispatch, to cause to be made and executed, the bonds of such municipal corporation, attested by the seal of such corporation affixed thereto, if such corporation has a common seal, and, if not, then by their individual seals, and signed and certified by said commissioners, who are hereby authorized and empowered to fix such common seal thereto, and to sign and certify such bonds. Such bonds shall become due and payable at the expiration of thirty years from their date, and shall bear interest at the rate of seven per cent per annum, payable semi-annually, and shall not exceed in amount twenty per cent of the entire taxable property within the bounds of said municipal corporation, as shown by said tax list, nor shall they exceed in amount the amount set forth in such petition. The said bonds shall also bear interest warrants, corresponding in number and amounts with the several payments of interest to become due thereon, but the commissioners may agree with any holders to register any such bonds, in which case the interest warrants on the registered bonds shall be surrendered, and the interest shall be payable only on the production of the registered bond, which shall then be transferable only on the commissioners' records.

The savings banks of this state are authorized to invest in said bonds not to exceed ten per cent of their deposits. All taxes, except school and road taxes collected for the next thirty years, or so much thereof as may be necessary, in any town, village or city, on the assessed valuation of any railroad in said town, village or city, for

which said town, village or city has issued or shall issue bonds to aid in the construction of said railroad, shall be paid over to the treasurer of the county in which said town, city or village lies. It shall be the duty of said treasurer, with the money which has heretofore been or shall hereafter be paid to him on said bonds, including the interest thereon, to purchase the bonds of said town, issued by said town, to aid in the construction of any railroad or railroads, when the same can be purchased at or below par; the bonds so purchased to be immediately canceled by said treasurer and the county judge, and deposited with the board of supervisors.

In case said bonds so issued cannot be purchased, at or below the par value thereof, then it shall be the duty of said treasurer, and he is hereby directed to invest said money so paid to him as above mentioned, with the accumulated interest thereon, in the bonds of this state, or of any city, county, town or village thereof, issued pursuant to the laws of this state, or in bonds of the United States. The bonds so purchased, with the accumulated interest thereon, shall be held by said county treasurer as a sinking fund for the redemption and payment of the bonds issued or to be issued by said town, village or city in aid of the construction of said railroad or railroads. In case any county treasurer shall unreasonably refuse or neglect to comply with the provisions of this act, any tax-payer in any town, village or city, theretofore having issued bonds in aid of the construction of any railroad or railroads, is hereby authorized to apply to the county judge, on petition, for an order compelling said treasurer to execute the provisions of this act. And it shall be the duty of said county judge, upon a proper case being made, to issue an order directing said county treasurer to execute the provisions of this act.

All provisions of law now in force relating to the enforcement of the decrees or orders of the supreme court are hereby declared to apply to and devolve upon said county judge in the enforcement of said order. The county treasurers of the several counties of this state, in which one or more towns are situated which have issued bonds for railroad purposes, shall execute a bond, with two sufficient sureties, to be approved by the county judge of the counties respectively, to the people of the state of New York, in such penal sum as may be prescribed by the board of supervisors of the respective counties, conditioned for the faithful performance of the duties devolving upon him, in pursuance of the provisions of this act.

§ 2. This act shall take effect immediately.