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addition thereto, the said railroad corporation shall be liable to a penalty of two hundred and fifty dollars, to be recovered in the name of the proprietor or proprietors of any steamboat line navigating the Hudson river, in any court of competent jurisdiction, for each day they shall neglect or refuse to comply with the provisions of this act, unless such neglect or refusal is caused by a failure on the part of such steamboat proprietor or proprietors to furnish tickets and checks as herein provided for.
§ 6. The provisions of this act, so far as relates to the sale of tickets and furnishing of checks, shall not apply to either the Hudson River or New York and Harlem Railroad companies.
8 7. This act shall take effect immediately.
Chap, 779. AN AOT in relation to mortgages executed by railroad
Passed May 9, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. It shall not be necessary to file as a chattel mortgage, any mortgage which has been, or shall hereafter be, executed by any railroad company upon real and personal property, and which has been, or shall be, recorded as a mortgage of real estate in each county in or through which the railroad runs.
§ 2. This act shall take effect immediately.
Ohap. 793. AN AOT relative to immigrants and other passengers arriv ing at or departing from the port of New York.
Passed May 9, 1868; three-fifths being present.
any agent, employee or other officer of any railroad company, or for any other person, to sell, offer for sale, or otherwise dispose of any ticket or tickets, or written or printed instruments, or instruments partly written and partly printed, for the transportation or conveyance on or by any railroad or steamboat, of any immigrant or deck or steerage
or second class passenger, arriving at the port of New York from a foreign country, at any place or places in the city of New York, except such as may be designated by the Commissioners of Emigration; which place or places may from time to time, as they may deem best, be changed by the said commissioners, provided, however, that nothing herein contained shall prevent any railroad company from selling tickets to any persons at the rates of fare charged for first class passengers, nor from selling tickets at the principal ticket offices of such company, to immigrants and other second class passengers, provided such company has at the same time an agent who shall sell tickets at the place designated by the said commissioners for selling tickets to immigrants. The Commissioners of Emigration shall furnish every railroad company of this State desiring such privilege to have an agent at each and every place so designated by them to sell tickets to immigrants and other second class passengers, but if any such agent shall be found by said commissioners to have been guilty at any time, while acting as an agent, of defrauding immigrants, or of any other wrongful or disgraceful conduct, they shall exclude such agent, and it shall be the duty of the railroad company to appoint another agent in his place.
§ 2. Whenever any person or persons may be complained of, and arrested for violating any of the provisions of this act, or of any act for the benefit or protection of immigrants or passengers arriving at the port of New York, or about to depart therefrom, it shall be the duty of the magistrate before whom such complaint is made, to take and reduce to writing, in the presence of the person or persons complained of, the evidence of any witness which may be offered, either on behalf of the prosecution or of the person complained of, allowing the opposing party an opportunity to cross-examine the witness, and the depositions so taken shall be subscribed respectively by the witnesses making the same, and certified by the magistrate; and when so taken and certified the said depositions shall be filed in the office of the clerk of the court of oyer and terminer, in and for the city and county of New York; and upon the trial of any party accused, in whose presence any such deposition shall have been taken upon any complaint or charge made against him, relative to the same transaction, such deposition may be read by either party with the same effect as if the same witness were sworn, and his testimony taken in open court upon such trial, provided it shall appear thereby that the witness at the time the deposition was taken, was a resident of this State on his way to some other State, territory, province or country, or a
resident of another State, territory or province, or an immigrant from a foreign country; and provided further that it shall not be shown to the court, that the witness at the time of the trial is within its jurisdiction.
§ 3. Any person violating any provision of this act, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not less than three hundred, and not more than one thousand dollars, or by imprisonment of not less than three months, or by both said fine and imprisonment.
§ 4. This act shall take effect immediately.
Chap. 237. 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.
Passed April 17, 1869. The People of the State of Nero York, represented in Senate and Assembly, do enact as follows : SECTION 1. Section twenty-one 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, is hereby amended by adding thereto the following:
“ And if, at any time after the construction of any railroad operated by steam by any company now existing, or that may hereafter be created, such company, or any company owning, operating or leasing such railroad, shall require for the purposes of its incorporation or for the purpose of running or operating any railroad so owned or leased by such company, any real estate in addition to what it has already acquired, or shall require any further right to lands or the use of lands for switches, turnouts, or for the flow of water occasioned by railroad embankments or structures now in use or hereafter rendered necessary, or for any other purpose necessary to the operation of such railroad; or any right to take and convey water from any spring, pond, creek or river, to such railroad, for the uses and purposes thereof, together with the right to build or lay aqueducts or pipes for the purpose of conveying such water, and to take up, relay and repair the same; or any right of way required for carrying away or diverting any waters, streams or floods from such railroad, for the purpose of protecting the same, or for the purpose of preventing any embankment, excavation
or structure of such railroad from injuring or damaging the property of any person or parties who may be rendered liable to injury by reason of such embankment, excavation or structure, as the same may have been constructed previous to such time, or may then exist; such company may acquire such additional real estate, or any property or real estate which they now use or occupy or right of way, or other rights hereinbefore specified, by purchasing the same of the person or parties owning the same or interested therein, or to be effected thereby, and by paying to such parties such damages as they may sustain by reason thereof, if the amount of such compensation or damages can be agreed upon between such company and such person or parties; and if such company shall, for any cause, be unable to agree for the purchase of such real estate or right of way, or other rights, or shall be unable to agree upon the sum which shall be paid to such persons or parties in satisfaction of the damages they may sustain, or if the title to any such real estate or right of way, or other rights already acquired or attempted to be acquired, shall, for any cause, prove defective or imperfect, then, and in every such case, such company may proceed to acquire or perfect title to such real estate or right of way, or other rights, and to ascertain and appraise such damages in the manner and by the proceedings hereinbefore in this act prescribed. Nothing in this act contained shall authorize the taking of any waters that shall at the time of such taking be commonly used for domestic, agricultural or manufacturing purposes, to such an extent as to injuriously interfere with such use in the future.”
82. This act shall take effect immediately.
Chap. 844. AN AOT to amend an act entitled "An act in relation to
railroads held under lease,” passed April third, one thousand eight hundred and sixty-seven.
Passed May 11, 1869. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Any railroad corporation which may be the lessee of any other railroad shall, in addition to the powers and duties conferred and imposed by the act entitled “An act in relation to railroads held under lease," passed April third, one thousand eight hundred and sixty-seven, be required to make to the State Engineer a report of
such facts concerning the operation of said leased road or roads as the lessors would otherwise be required to make, and the lessors shall not be required to make such report.
§ 2. This act shall take effect immediately.
Chap. 907. AN AOT 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 18, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Whenever a majority of the taxpayers of any municipal corporation in this State, whose names appear upon the last preceding tax list or assessment roll of said corporation as owning or representing a majority of the taxable property in the corporate limits of such corporation, shall make application to the county judge of the county in which such corporation is situated, by petition verified by one of the petitioners setting forth that they are such a majority of taxpayers and represent such a majority of taxable property, and that they desire that such municipal corporation shall create and issue its bonds to an amount named in such petition (but not to exceed twenty per cent of the whole amount of taxable property as shown by said tax list and assessment roll), and invest the same or the proceeds thereof in the stock or bonds (as said petition may direct) of such railroad company in this State as may be named in said petition, it shall be the duty of said county judge to order that a notice shall be forth with published in some newspaper in such county, or, if there be no newspaper published in said county, then in some newspaper printed in an adjoining county, directed to whom it may concern, setting forth that, on a day therein named, which shall not be less than ten days nor more than thirty days from the date of such publication, he will proceed to take proof of the facts set forth in said petition as to the number of taxpayers joining in such petition, and as to the amount of taxable property represented by them. And any solvent moneyed, manufacturing or other corporation or company formed under the laws