thereof. county; and, when so apportioned, to direct the collec- Collection tion of the same in the same manner as other taxes are collected, which amount, when collected, shall be paid by the collector into the treasury of said county. award. § 4. The treasurer of said county shall, upon the appli- Payment of cation of Ransom Eccleston and Orlando E. Barrows, respectively, their heirs, assigns or executors, pay over to the party applying the amount of the award made to them, taking a receipt therefor, which receipt shall be Receipts filed in the clerk's office of said county. therefor, how filed. § 5. The commissioners appointed by the provisions of Pay of com the first section of this act shall receive for their services missioners the sum of five dollars each per day, which amount or sum so paid shall be embraced in the award made of the above-mentioned costs and expenses. § 6. This act shall take effect immediately. Chap. 772. AN ACT to provide for the purchase of a toll bridge over the Chemung river, in the town of Ashland, and for making the same bridge. a free PASSED May 10, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: sioners to chise, etc. SECTION 1. James P. O. Bryon, Larence Lain and Commis Samuel I. Kress of the town of Ashland, are hereby ap- purchase pointed commissioners to negotiate and purchase, for and bridge tranin behalf of said town, and receive, from the corporate authorities of the Wellsburgh and Lowmanville Bridge Company, the toll wire suspension bridge across the Chemung river, including the title to lands, privileges and franchises belonging to said bridge company, as hereinafter provided. be paid. § 2. The said commissioners are hereby authorized and Limitation, required to negotiate for and purchase said bridge, with of price to the lands, etc., above specified, providing they can be bought for a sum not exceeding three thousand five hundred dollars. The bridge and the lands acquired by them are to belong to and be the property of the town of Ash- belong to Bridge to town, and to land, and the said bridge shall be kept up and maintained by said town as a free bridge. be free. Question of be submit § 3. Before making such purchase, the question shall purchase, to be submitted to a vote of the inhabitants of said town (whose qualifications shall be the same as any voter at a town meet regular town meeting), at a special meeting to be called ted to special ing. Notice thereof. How held and conducted. Form of ballots thereat. Bridge, to be conveyed to therein, within twenty days from the passage of this act, by the clerk of said town, upon a notice of ten days, to be published daily in two daily newspapers in the county of Chemung; the election to be held at the same place, and by the same officers, and conducted in the same manner, as a regular town meeting for said town. § 4. The said vote shall be by ballot, which shall have upon it the following words: "For the purchase," or "Against the purchase." If there shall be a majority of the votes cast in said town for the purchase, then said town, upon bridge, with all the lands, rights and privileges, appertaining thereto, except the toll-house and lot on the Lowmanville side of the river, shall at once be conveyed to said town by a proper instrument of writing, under the seal of the president of the corporate company owning said bridge. vote. Directors of § 5. The directors of the Wellsburgh and Lowmanville Bridge Company are hereby authorized and empowered, on obtaining the assent thereto, in writing, of the holders of a majority of the stock therein, to sell and convey by franchise. deed, under the hand and seal of their president, to the town of Ashland, the bridge, and the lands, privileges and franchises of their said company; and such sale and conveyance shall be binding on said company. The acts of a majority of the said commissioners shall be binding on said town; and the acts of a majority of the directors of said company shall be binding on said bridge company. Bridge continue, in case of failure to purchase. § 6. If the said bridge shall not be purchased, as aforecharter, to said, then this act shall not affect the franchise or rights of said bridge company. But, if the said purchase shall be effected, such company may, however, continue to exercise corporate powers, for the purpose of suing and being sued, or for the purpose of dividing the avails of their property among the stockholders, according to their rePowers of spective rights; but said corporate powers shall cease when all the business and affairs of the said company shall be fully settled and closed. company, when to cease. town bonds 87. Should said purchase be effected, the said com- Issue of missioners are hereby authorized to issue bonds in the name of said town, which shall be binding on said town, to the full amount of the purchase-money; which bonds shall be signed by the commissioners, or a majority of them, and shall be in such form, and for such sums, and be payable to such person or persons, and at such time and places, as the said commissioners may direct, with an annual interest not exceeding seven per cent, and the bonds and the interest thereon shall be paid by the town. And To be resaid bonds shall be received by the corporate authorities bridge comof the said bridge company at par, to the amount pany at par. agreed to be paid by said commissioners for said bridge. 88. The board of supervisors of the county of Che- Board of mung are hereby authorized and required to levy upon, to levy tax and cause to be collected, from, the taxable inhabit upon Ashants and property of the town of Ashland, in the same manner as other town charges are levied and collected in said town. The said moneys, when collected, shall be paid over to the supervisor of said town, and by him be applied in payment of such principal and interest. ceived by supervisors, land. to report annually. sioners of to have purchase. 9. At each annual meeting of the board of supervis- Supervisor, ors of the county of Chemung the supervisor of the town amount to of Ashland shall report the amount to be raised each be raised, year for the purpose of paying principal and interest. § 10. Whenever the purchase of said bridge, property Commis and premises of the said Wellsburgh and Lowmanville highways, Bridge Company shall be effected, the commissioners ap- charge of pointed by this act shall notify the commissioners of bridge after highways of said town, and hand over to them all papers and instruments of writing in their possession belonging to said town, and the said highway commissioners shall thereafter have the same charge thereof, and of all repairs of the same as of the other bridges of the town; and Rebuilding. it shall be their duty to cause the same to be kept in repair, and insured against loss by fire, and to rebuild the same when necessary. All moneys to be collected as provided for in sections eight and nine of this act, and all accounts to be allowed and audited the same as other town charges. And it shall be the duty of the said high- Record of way commissioners to cause all the papers and instruments of writing of any importance, obtained by them in the purchase of said bridge, to be recorded in the town clerk's office of said town. repairs and insurance, how pro vided for. convey ance, etc. Penalty for injury to bridge. Pay of commissioners. § 11. The highway commissioners and their successors in office may sue for and collect, in the name of the town, a penalty of ten dollars of any person for riding or driving any horse, mule or cattle faster than a walk over this bridge, or of doing any other injury thereto, in addition to the actual damage done to said bridge. § 12. The commissioners under this act shall be compensated for their services the same as the highway commissioners of said town. § 13. This act shall take effect immediately. Chap. 773. AN ACT to amend an act entitled "An act to authorize the formation of companies for the erection of buildings," passed April fifth, eighteen hundred and fifty-three. PASSED May 10, 1870. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Building SECTION 1. The first section of the "Act to authorize association the formation of companies for the erection of buildings," act enlarged passed April fifth, eighteen hundred and fifty-three, is stock. issue of stock in payment. hereby amended by inserting after the words "for the erection of buildings," the words "or for the laying out and subdivision of lands into building lots or villa plots, Limitation and the improvement and sale thereof." And by striking of capital out the words "five hundred thousand dollars," and inserting in lieu thereof the words "one million dollars." Purchase of § 2. The trustees of any company organized or herelande, and after to be organized under said act, may purchase lands and other property necessary for their business, and issue stock to the amount of the value thereof in payment therefor; and the stock so issued shall be declared and taken to be full stock, and not liable to any further calls; neither shall the holders thereof be liable for any further. payments under the provisions of the tenth section of the said act; but, in all statements and reports of the company to be published, this stock shall not be stated or reported as being issued for cash paid into the company, but shall be reported in this respect according to the fact. § 3. This act shall take effect immediately. Chap. 774. AN ACT to incorporate the Buffalo East Side PASSED May 10, 1870. The People of the State of New York, represented in Senate and Assembly, do enact as follows: sioners to books. receive sub SECTION 1. Alexander Brush, Marshall N. Jones, David Commis F. Day, Gibson T. Williams and Eben C. Sprague, of the open subcity of Buffalo, are hereby appointed commissioners, whose cription duty it shall be, within the period of three months after the passage of this act, at such suitable place, in the city of Buffalo, as they shall designate, to open books to receive subscriptions to the capital stock of the corporation hereinafter created, and twenty days' public notice Notice shall be given by the said commissioners, of the time and thereof to place of the opening of such books, in two of the public lished. newspapers in said city. A majority of said commissioners shall constitute a board to receive subscriptions. The Meetings to board shall hold at least three meetings on three separate scriptions. days, for the purpose of receiving such subscriptions, of at least four hours each, the last two of which shall be held in pursuance of proper adjournments from the next preceding meeting; and in case, at the expiration of the third meeting, the whole amount of fifteen thousand dollars shall not have been subscribed to the capital stock of said company, they may, by a like adjournment, hold such further meetings as they shall think proper, until the whole of such amount is subscribed. No subscription Payment at shall be received, unless twenty dollars on each share sub- scription. scribed shall be paid at the time of such subscription. At any time after the expiration of the third meeting of the commissioners, and as soon thereafter as the full amount of said fifteen thousand dollars is subscribed, the commissioners, who shall meet for that purpose, shall proceed to apportion the stock subscribed among the subscribers, Apportionand shall complete the apportionment within thirty days stock. after the last meeting to receive subscriptions. Any three of said commissioners shall constitute a quorum for the purpose of such apportionment, and three votes shall be necessary to any such apportionment. In case said subscriptions do not exceed the amount of the capital stock time of sub ment of |