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Chap. 532.

AN ACT to authorize the Trustees of the First Baptist Society of Mendon to convey their burial grounds to the Mendon Cemetery Associ

ation.

Passed April 22, 1867.

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

SECTION 1. The trustees of the first Baptist society of the town of Mendon, county of Monroe, are hereby authorized and empowered to sell and convey to the Mendon cemetery association, the burial grounds belonging to said society, and which adjoin the grounds of said association.

$2. The rights and privileges of the present owners of specified lots for burying purposes in said burial grounds, shall in no way be diminished or impaired by said conveyance.

$3. This act shall take effect immediately.

Chap. 533.

AN ACT for the relief of the Van Brunt street and Erie Basin 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 Van Brunt street and Erie Basin railroad company are hereby authorized to lay a double track connecting with their present track on Van Brunt street, in the city of Brooklyn, running through Elizabeth street to Columbia street, in said city; provided that the abutters on said streets shall desire to have said tracks laid and signify their assent

to the same.

32. The said company are authorized to increase their capital by the issue of additional stock to the extent of one hundred thousand dollars, which stock

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may be sold and disposed of in such manner and at such price as may be directed by the stockholders of said company.

S3. After the extension provided for in the first section of this act shall have been completed, said company shall have the right to charge a rate of fare not exceeding four cents for each passenger transported on their road.

Chap. 534.

AN ACT to incorporate the New Hamburgh and
Marlborough Ferry Company.

Passed April 22, 1867.

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

SECTION 1. Governeur W. Armstrong, Thomas T. Buckley, William Peck, Henry Suydam, John C. Bancroft Davis, David Maitland Armstrong, Leonard S. Carpenter and Ferris P. Brower, and such persons as they shall associate with them, and their successors and assigns, are hereby constituted a body corporate and politic, by the name of the New Hamburgh and Marlborough ferry company, with the exclusive right for the term of twenty years, to maintain and operate by steam or other motive power, a ferry for the transportation of passengers, teams, cattle, freight and other things across the Hudson river, between New Hamburgh, in the county of Dutchess, and any point or points on the Hudson river within three miles of Hampton, either in the counties of Orange or Ulster.

S2. The capital stock of said company shall be twelve thousand dollars, divided into two hundred and fifty shares of fifty dollars each, and shall be personal property, transferable on the books of the company in such way as the directors shall order; but the stockholders may at any meeting or meetings called for the purpose, increase the capital stock to an amount not to exceed thirty thousand dollars in all.

annually

$3. Seven directors of said company shall be Directors, chosen annually at the annual meeting of the stock- chosen. holders, which shall be held at a time to be fixed by the by-laws; but a neglect to choose directors on the day fixed for such annual meeting, shall not work a dissolution of the corporation. The said Governeur First W. Armstrong, Thomas T. Buckley, William Peck, Henry Suydam, John C. Bancroft Davis, David Maitland Armstrong, Leonard S. Carpenter and Ferris P. Brower, shall be the first directors of said corporation, to serve until others are chosen in their stead.

directors.

appoint
and officers,

receive sub

scriptions,

etc.

§ 4. The directors may appoint one of their num- Who to ber to be the president of the company, and may president appoint such other officers as the by-laws of the etc. company require. $5. The directors of the company may receive who to subscriptions to the capital stock of the company, and may call in and demand from the subscribers, respectively, all sums of money subscribed in such payments, and at such times as they shall deem proper, under penalty of forfeiting the shares subscribed for and all previous payments made thereon. $6. The stockholders in said company shall be Individual individually liable to the creditors of said corporation, to an amount equal to the amount of stock held by them respectively, for all debts and contracts made by said corporation.

liability.

in relation

stock, etc.

$7. The president and a majority of the directors Certificate shall, when the last installment of the capital stock to capital so subscribed for shall be paid, make a certificate stating the amount of the capital stock of the corporation, and that the same is paid in as authorized and required by this act, which certificate shall be signed and sworn to by the persons signing the same, and shall be filed in the office of the county clerk for the county of Dutchess.

58. The said corporation shall possess all the powers and privileges, and be subject to all the liabilities prescribed in the third title of the eighteenth chapter of the Revised Statutes.

In what

case fran

39. Unless a ferry shall be established across the Hadson, within the above described limits, within chises shall

cease.

Route of highway.

Damages;

how to be

etc.

two years from the passage of this act, the grants and franchises hereby conferred, shall cease and determine; a failure to maintain such a ferry throughout any entire year, subsequent to the first day of May, eighteen hundred and sixty-eight, shall also work a forfeiture of said grants and franchises.

$10. This act shall take effect immediately.

Chap. 535.

AN ACT to authorize the laying out, opening and working of a public highway in the village of Canandaigua, Ontario county, and raising money to defray the expenses of working said highway.

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. The commissioners of highways of the town of Canandaigua, in the county of Ontario, are hereby authorized, empowered and directed to lay out, open and construct a public highway in the village of Canandaigua, to be located as follows: beginning on the east line of Main street, south of the public square in said village, at a point opposite. the terminus of Chapin street and running thence east or easterly in continuation of Chapin street to Lafayette avenue; thence from Lafayette avenue in front of the Railroad hotel, kept by Joseph Massett, to Pleasant street, terminating opposite Railroad avenue. Said road, from Main street to Lafayette avenue, shall be of the uniform width of three rods: and said road, from Lafayette avenue to Pleasant street, to be of the uniform width of three rods. far as it may be, without interfering with any part of said Railroad hotel, said road shall be laid out and established in the manner now prescribed by law in the laying out and establishing highways.

So

$2. The damages sustained by reason of laying ascertained, out and opening said road, unless the owner of the land shall, in writing, release all claims to damages, may be ascertained by the agreement of the owner

and said commissioners; provided, such damages do not exceed five hundred dollars; every such release or agreement shall be filed in the office of the clerk of the town of Canandaigua, and shall forever preclude such owner from all further claim for such damages; and, unless such release or agreement shall be made, the said commissioners shall apply to a justice of the peace of the town of Canandaigua, who shall thereupon issue a summons to a constable of some other town of the county of Ontario, directing him to summon twelve disinterested freeholders, residing in some other town than the town of Canandaigua, and not of kin to any owner of the land through which the said roads are to be laid out, to assess the damages sustained by laying out and constructing said road, and shall therein specify the place and time, not more, than six days thereafter at which the persons summoned shall meet. Said commissioners shall give notice to the owners of said land of the place and time when the said freeholders will meet. Upon such freeholders appearing, the justice who issued the summons shall draw by lot from the names of persons summoned to serve as jurors; and the first six persons drawn, who shall be free from all legal exceptions, shall be the jury to assess all damages which may be required to be assessed on said road; and they shall assess all such damages before said road shall be opened, worked or used; and the said jury shall thereupon be sworn by said justice, well and truly to assess all such damages, and shall proceed to take a view of the premises, and to hear the parties who shall appear and such witnesses as may be sworn by said justice and examined by said jury before them; the verdict of said jury shall be rendered in writing, under their hands, which shall be certified by said justice and delivered to said commissioners, who shall file the same with the town clerk of Canandaigua; and said verdict shall be final.

$3. Whenever said commissioners shall have laid out said road, they shall give the owner or occupant of the land, through which the same shall have been located, thirty days' notice, in writing, to remove his fences. If such owner or occupant shall not remove

Notice to fences.

remove

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