Corporators. Corporate name. Route of road. sioner in charge, and all persons, except such as are in the employ of the State, and such as are engaged in the navigation of the canals, are hereby prohibited from preventing, obstructing or in any way interfering with the said levels, locks and water of the canal, so as to prevent the free and full use thereof by the said asylum, and from doing anything to injure the quality of said water for said use; and any person who shall, in any way willfully violate this prohibition, shall be guilty of a misdemeanor. S2. This act shall take effect immediately. Chap. 565. AN ACT to incorporate the Buffalo City Railway Passed April 23, 1867. SECTION 1. Lauren C. Woodruff, William G. Fargo, James N. Matthews, William S. Bull, William F. Barry, John F. Lockwood, Calvin F. S. Thomas, George W. Bull, William H. Dudley, Victor L. Tiphaine, James Adams, Cornelius M. Horton, Benjamin H. Austin, Jr., John M. Rockwell, Victor M. Rice, George H. Sheldon, Henry L. Lansing, Ozias L. Nims, and all such other persons as are, or may hereafter be associated with them, shall be, and they are hereby constituted, a body corporate, by the name of the "Buffalo City Railway Company," and are hereby authorized and empowered to lay, construct and operate a railroad, with a double or single track, to be operated by horses or mules, and to convey passengers and freight thereon for compensation, upon and along the following streets in the city of Buffalo, to wit: Commencing on the Terrace at the westerly line of Main street, thence upon and along the Terrace to Erie street, along Erie street to Swan street, along Swan street to Jefferson street, along Jefferson street to Exchange street, along Exchange street to and across Main street to the place of beginning; also along Ohio street from St. Clair street to Use of tracks of other roads. and across Main street to Prime street, along Prime to and across Commercial street to Water street, along Water street to Erie street, along Joy street to Erie basin, also along Erie street and the Terrace to Main street, also with a branch from Erie street through River street to Genesee street, together with all the necessary connections, turnouts and switches, for the proper working and accommodation of the tracks on the said route or routes. If, in the construction, operation or use of such railroad upon the routes above designated, it shall become necessary to ran upon, intersect or use any portion of other railroad tracks laid upon any of the streets, avenues, roads or places named in this section, the grantees are hereby authorized to run upon, connect, intersect and use the same, and in case they cannot agree with the owner or owners thereof, respecting the compensation or payment to be made therefor, the same shall be ascertained and determined in the manner provided by subdivision six of the twenty-eighth section of the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty. Said railroad shall be constructed on the Construc most approved plan for the construction of city railroads; and the cars thereon shall run as often as the convenience of the public shall require; and the said Fare. company, or their assigns, shall be authorized to charge, collect and receive from each passenger for riding any distance upon said road, no higher rate of fare than is charged by the city railroads in said city now chartered and constructed, not exceeding however, six cents in any one direction. And it shall be the License fee. duty of said company to pay to the mayor and common council of the city of Buffalo, annually, the same license fee for each passenger car run thereon, as is now, or shall hereafter be paid by other city railroads. in said city. And the said mayor and common coun- Permission cil are hereby authorized and directed to grant per- and council mission to the company herein named, or their assigns, to construct, maintain, operate and use said railroads, in, upon and along the several streets and avenues herein mentioned. Should any real estate or interest tion of road of mayor taining real estate needed for construction of road. Mode of ob- therein be required for the purposes of constructing said railroad on said route or routes, as above specified and authorized, for which the above persons, or their assigns, shall be unable to agree with the owner or owners for the use or purchase thereof, they may acquire the right to use, or title to the same, in the manner specified in the fourteenth, fifteenth, sixteenth, nineteenth, twentieth and twenty-first sections of said act of April second, eighteen hundred and fifty, except that in any of the proceedings for any of the purposes authorized by this section, it shall not be necessary that the petition to the supreme court shall make any allegations of or reference to any incorporation, capital stock, surveys or maps, or of the filing of any certificate of location. But in all cases the use of said streets and avenues, for the purposes of said railroad, as herein authorized, shall be considered a public use, consistent with the uses for which the mayor, aldermen and commonalty of said city hold said streets and avenues. In what case this act to be void. Track; how to be laid. Capital stock. First board of directors. $2. This act shall be void and of no force nor effect unless the construction of the said road shall be commenced in one year, and completed within three years from the passage of this act. $ 3. The track of said railroad when laid, shall be laid with such rails as shall least obstruct the free passage of vehicles and carriages over the same; and the said tracks shall be laid flush with the surface of the street, and shall conform to the grade as it now is or shall be from time to time established or altered by the common council of said city; and the said company shall keep the surface of the street within the rails and for one foot outside thereof, and to the extent of the ties, in good and proper order and repair. S4. The capital stock of said company shall be two hundred thousand dollars, divided into shares of one hundred dollars each, which shall be deemed personal property. $ 5. The corporators named in the first section of this act shall be the first board of directors, and shall hold their offices as such directors for one year from the passage of this act, and until others shall be elected in their stead. They shall have power to make such by-laws, rules and regulations not inconsistent with existing laws, as may be necessay for conducting the business and affairs of the company; and the corporation hereby created shall be subject to all the provisious contained in the third title of the eighteenth chapter of the first part of the Revised Statutes, so far as the same are applicable. liability. $6. Each stockholder of said company shall be Individual individually liable to the creditors of such company, to an amount equal to the amount of stock held by him, for any of the debts or liabilities of such company; but no action shall be maintained against such stockholder until after an execution against said corporation shall have been returned unsatisfied, wholly or in part, and then the amount recoverable shall be only the amount for which the execution was returned unsatisfied, with costs. $7. This act shall take effect immediately. Chap. 566. AN ACT to provide means for the construction. of a court-house, clerk's office and jail at Little Valley, in the county of Cattaraugus, and to legalize certain bonds and obligations heretofore issued and executed to aid in the construction thereof. Passed April 23, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: galized. SECTION 1. The bonds of the town of Little Val- Bonds le ley, in the county of Cattaraugus, amounting to the sum of ten thousand dollars, and the bonds of the town of Napoli, in said county, amounting to the sum of three thousand dollars, bearing date on the nineteenth day of November, eighteen hundred and sixty-six, and issued by officers of said towns respectively, to aid in the construction of a court-house, jail and clerk's office for said county, in said town. of Little Valley, are hereby legalized and declared Tax for payment of them. How to be collected. Further bonds of Little Val ley. Application of surplus. binding upon said towns respectively; and the board of supervisors of said county are hereby authorized and required to levy and impose taxes upon the taxable property of said towns respectively, for the purpose of providing for the payment of said bonds. Such taxes shall be levied and imposed annually, and in sums sufficient to pay and discharge the amount of principal and interest which shall become due upon said bonds next after each annual meeting of said board. Such taxes shall be levied, carried out and collected in the same manner, and upon and by virtue of the same assessment roll and warrant as the general and ordinary taxes collected in said towns, and when collected, the amount thereof shall each year be paid by the collectors of said towns respectively to the building commissioners heretofore appointed by the board of supervisors of said county, under and by virtue of the provisions of chapter four hundred and seventy-nine of the laws of eighteen hundred and sixty-five. Such $2. The said town of Little Valley is hereby authorized to issue bonds in the further sum of five thousand dollars to aid in the construction of the court-house, jail and clerk's office mentioned and referred to in the first section of this act. bonds shall be signed by the supervisors of said town, and countersigned by the town clerk thereof, and shall be issued to the said building commissioners in their name of office, whenever the supervisors of said town shall elect. Such bonds shall bear interest and the board of supervisors shall provide for the payment of such bonds in the same manner as that prescribed in the first section of this act for the payment of the bonds heretofore issued by the towns of Napoli and Little Valley, in said county. S4. If after the construction and completion of the court-house, jail and clerk's office mentioned and referred to in the foregoing sections of this act, any funds, bonds or obligations in excess of the sum paid or to be paid in the construction or completion thereof, shall remain in the hands of said building commissiouers, said building commissioners are hereby authorized to use and expend such surplus |