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same," passed April second, eighteen hundred and fifty, shall not, within five years after its articles of association are filed and recorded in the office of the secretary of state, begin the construction of its road, and expend thereon ten per cent on the amount of its capital, or shall not finish its road and put it in operation in ten years from the time of filing its articles of association, as aforesaid, its corporate existence and powers shall cease.

Chap. 906.

AN ACT to amend the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, in relation to reports of railroad corporations.

Passed May 14, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The requirements of section thirty-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, shall not apply to street or horse railroads, except as hereinafter provided.

§ 2. Every railroad corporation in this state whose road is operated by horse power exclusively, or by steam dummy cars exclusively, or partly by horse power and partly* steam dummy cars, and every such railroad corporation which shall hereafter be organized, shall make an annual report to the state engineer and surveyor, of the operations of the year ending on the thirtieth day of September; which report shall be verified by the oaths of the treasurer or president and acting superintendent of operations, and be filed in the office of the state engineer and surveyor by the first of December in each year, and shall state; 1. The amount of capital stock.

2. The amount of stock subscribed.

3. The amount paid in as by last report.

4. The total amount now of capital stock paid in.

5. The funded debt as by last report.

6. The total amount now of funded debt.

7. The floating debt as by last report.

So in original.

8. The amount now of floating debt.

9. The total amount now of funded and floating debt.

10. The average rate per annum of interest on funded debt.

Cost of road and equipment.

11. For road bed and superstructure, including iron, by last report. 12. The total amount now expended for the same.

13. For land, buildings and fixtures, including land damages, by last report.

14. The total amount now expended for the same.

15. For dummy cars, horses, mules and harness, by last report.

16. The total amount now expended for the same.

17. For cars and sleighs, by last report.

18. The total amount now expended for the same. 19. Total cost of road and equipment.

Characteristics of road.

20. Length of road, in miles.

21. Length of road laid.

22. Length of double track, including sidings.

23. Weight of rail, by yard.

24. The number of dummy cars, of cars, and of horses and mules.

25. The total number of passengers carried in cars.

26. The total number of tons of freight carried in cars.

27. The rates of fare for passengers.

28. The average time consumed by passenger cars in passing over the road.

Expenses of maintaining the road and real estate.

29. Repairs of road-bed and railway (including iron), and repairs of buildings and fixtures.

30. Taxes on real estate (to include all taxes except for United States revenue.)

31. Total cost of maintaining road and real estate.

Expenses of operating road, and for repairs.

32. General superintendence.

83. Officers, clerks, agents and office expenses.

34. Conductors, drivers and engineers on dummy cars.
35. Watchmen, starters, switchmen, roadmen, etc.
36. Repairs of dummy cars.

37. Repairs of cars and sleighs.

38. Repairs of harness, including materials and labor. 39. Horseshoeing including materials and labor.

40. Horses and mules.

41. Stable expenses.

42. Feed, grain, hay, etc., including expense of grinding. 43. Fuel, gas and lights.

44. Oil and waste.

45. Water tax.

46. Damages to persons and property, including medical attendance.

47. Law expenses.

48. Rents, including use of other roads, ferries, etc.

49. Insurance.

50. Advertising and printing.

51. United States tax on earnings.

52. Contingencies.

53. Total expense of operating road and repairs.

54. Receipts from passengers.

55. Receipts from freight.

56. Receipts from all other sources, specifying what, in detail.

57. Total receipts from all sources during the year.

58. Payments for transportation, maintenance and repairs.

59. Payments for interest.

60. Payments for dividends on stock, amount and rate per cent. 61. All other payments, specifying what, in detail.

62. Total payments during the year.

63. The number of persons injured in life and limb; the cause of the injury, and whether passengers, employes or other persons. Also whether such accidents have arisen from carelessness or negligence of any person in the employment of such corporation, and whether such person is retained in the service of the corporation.

§ 3. Section thirty-two 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 so as to read as follows:

§ 32. Any railroad corporation which shall neglect to make the report, as is provide* in the preceding section, shall be liable to a penalty of two hundred and fifty dollars, and an additional penalty of twenty-five dollars for each day after the first day of December, on which they shall neglect to file said report, as provided in said sec tion, to be sued for in the name of the people of the state of New York, for their use.

* So in original.

§ 4. The provisions of section thirty-two 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, as herein amended, shall apply to all railroad corporations referred to in section two of this act.

§5. This act shall take effect immediately.

Chap. 779.

AN ACT in relation to mortgages executed by railroad com

panies.

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.

Chap. 793.

AN ACT relative to immigrants and other passengers arriving at or departing from the port of New York.

Passed May 9, 1868; three-fifths being present.

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

SECTION 1. It shall not be lawful for any railroad company, or for any agent, employe 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 emigra tion; 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 deposition 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 tc the court, that the witness at the time of the trial is within its juris diction.

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