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Chap. 504.

AN ACT for the relief of the Hunter's Point and Rockaway Beach Railroad Company.

Passed April 22, 1867.

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

SECTION 1. The Hunter's Point and Rockaway Beach railroad company, a corporation duly organized and existing under and pursuant to the provisions of the general railroad law of this State, is hereby authorized and empowered to construct its railroad over and along the route, as nearly as shall be found practicable, which is designated and shown by the line colored red on the map entitled "Map of the Hunter's Point and Rockaway Beach railroad," filed in the office of the clerk of the county of Queens, and lay down rails thereon of a less weight than prescribed by the general railroad law, but weighing not less than thirty pounds to the lineal yard, and to operate said road by steam power, by means of engines commonly known as "dummy engines," and also to lease such portions of said road as the board of directors may deem advisable for the interests of said company, and for such period and upon such terms as said board shall determine.

S2. This act shall take effect immediately.

Chap. 505.

AN ACT to make certain roads and avenues in the town of Westfield, county of Richmond, highways.

Passed April 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. That the five roads and ways in the town of Westfield, county of Richmond, and State of New York, called and known respectively as Saint

Luke's avenue, Washington avenue, Glenn avenue, Morris street and John street, are hereby made and established public highways to all intents and purposes whatever in said town; and shall be laid out, repaired and maintained in all respects as such highways, by the proper officers of highways in said town. 52. This act shall take effect immediately.

Chap. 506.

AN ACT to amend an act entitled "An act to incorporate the Staten Island Savings Bank,' passed April sixth, eighteen hundred and sixtyfour.

Passed April 22, 1867.

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

SECTION 1. Section one of an act entitled "An act to incorporate the Staten Island Savings Bank," passed April sixth, eighteen hundred and sixty-four, is hereby amended so as to read as follows:

William Fellows, Francis George Shaw, David L. Gardiner, William Cony, George B. Davis, John Bechtel, William C. Anderson, Dwight Townsend, Wm. A. Bayley, Dennis Keeley, Abraham Ellis, William McLean, George W. Hodges, Louis H. Meyer, Livingston Saterlee, Clarence Barrett, Silas Havens, Alexander M. Proudfit, James L. Conrow, William Lee, and C. M. Pine and their successors, shall be, and are hereby constituted a body politic and corporate by the name of the "Staten Island Savings Bank," to be located in the county of Richmond, and by that name shall have perpetual succession, and may sue and be sued in any court whatsoever. $2. This act shall take effect immediately.

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Chap. 507.

AN ACT in relation to a certain highway and certain highway taxes in the county of Hamilton.

Passed April 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Robert G. Ostrander, David Call and Thomas Ostrander, of the county of Hamilton, are hereby appointed commissioners, whose duty it shall be to perform the duties imposed upon them by the provisions of this act, and to perform all the services they are authorized by this act to perform.

S2. The present highway, from the south line of the farm occupied by Orra Brownell, in the town of Hope, in the county of Hamilton, to the foot of Lake Pleasant, in the town of Lake Pleasant, is hereby constituted a road district for the purposes of this act, subject to the qualifications in this act contained.

S 3. Said commissioners are hereby authorized and directed to lay out and open a new route for said road, commencing at said south line of the farm occupied by Orra Brownell, at the present highway, and running thence westerly along said south line and in that direction to or near the river; thence up the river, on such route as said commissioners shall deem best, so as to strike the said present highway near David Stickney's dwelling-house in Hope; and said commissioners are further authorized to make such other changes in the location as may be proper; and for the purposes of determining the propriety of such other changes in the route of said road, and the amount of compensation to be paid to owners of land taken for such road by any change of location authorized by this act, said commissioners shall have all the powers as highway commissioners of towns now possess, and shall proceed in the same manner as such highway commissioners are now required to proceed in such cases; and the proceedings so taken shall have the same force and effect as such proceed

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$4. The non-resident highway tax assessed in the towns of Hope, Benson, Lake Pleasant, and the town of Wells, all such tax assessed upon all that part of the Ox-bow tract lying and assessed in the town of Arietta, and upon all that part of townships. seven, eight, nine and ten, Moose river tract, lying and: assessed in the towns of Arietta and Morehouse, or either of them, is hereby appropriated for the purposes of this act. And the Comptroller of this State shall Duty of retain in his hands and pay over to the commissioners troller. appointed by this act, all such non-resident highway. taxes as may now have been assessed upon such lands in the said towns, which has not been paid over to the treasurer of the county of Hamilton; and the said Comptroller shall pay over to the commissioners. appointed by this act, or to their order, annually, for the term of five years, all such non-resident highway taxes as shall be assessed upon said lands, excepting,. however, that the provisions of this act shall not apply to such taxes assessed on lands in the town of Benson, after one year, and returned to said Comptroller for collection. And all such moneys shall be expended by said commissioners in repairing said road district, and in opening such new locations of said road as shall be made under the provisions of this act; except said commissioners may retain, out of any such moneys, as a compensation for their services in discharging their duties under the provisions of this act, the sum of three dollars each for each day actually and necessarily so spent, to be first audited, allowed and certified by said Comptroller, upon a detailed statement of such services, duly verified by the commissioner claiming such compensation, and upon such other evidence as the Comptroller may require. $5. Before entering upon the duties of their office, Bond of said commissioners shall give a bond, with satisfactory Sioners. sureties, in the penalty of one thousand dollars each, to said Comptroller, for the faithful discharge of their duties, and shall make a report to said. Comptroller of their proceedings, on or before the first day of January in each year, with satisfactory vouchers for

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all expenditures under this act, and the same shall be filed in the Comptroller's office.

S 6. The provisions of this act shall not affect any road district that now does or hereafter may exist, in respect to resident highway labor; and the highway taxes upon lands specified in this act shall be assessed and collected in the manner now provided by law; and when non-resident highway taxes are collected by the collector of taxes in the towns where such lands are assessed, such taxes shall be paid over to the county treasurer of the county of Hamilton, who shall pay the same over to the Comptroller of the State, when they make their annual return of arrears of taxes; and the said Comptroller shall pay the same over to said commissioners, or upon their order, with other non-resident highway taxes, as provided by this act.

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$7. In case a vacancy shall occur in the office of any commissioner appointed by this act, the Comptroller shall appoint a suitable person to fill such

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S8. This act shall take effect immediately, and continue in force until the provisions of this act may be executed according to its provisions, and no longer.

Chap. 508.

AN ACT to amend an act passed April twentythird, eighteen hundred and sixty-one, entitled "An act supplemental to an act entitled 'An act to consolidate the cities. of Brooklyn and Williamsburgh and the town of Bushwick into one municipal government and to incorporate the same,' passed April seventeenth, eighteen hundred and fifty-four."

Passed April 22, 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 five of the act of the legislature of the State of New York, passed April twentythird, eighteen hundred and sixty-one, entitled "An

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