§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. 820.

AN ACT to amend an act entitled "An act to prevent frauds in the sale of tickets to passengers upon railroads, steamboats and steamships," passed April fifteenth, eighteen hundred and fifty-seven.

Passed May 14, 1868.

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

SECTION 1. Section one of an act entitled "An act to prevent frauds in the sale of tickets to passengers upon railroads, steamboats and steamships," passed April fifteenth, eighteen hundred and fifty-seven, is hereby amended by adding thereto, after the word respectively," or at offices conveniently located by agents or other duly organized railway companies," provided that nothing in this amendment shall apply to the city and county of New York, or the county of Kings. §2. 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 New 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 sach 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 herein before specified, by purchasing the same of the person or parties owning the same or interested therein, or to be affected 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.” 2. This act shall take effect immediately.

Chap. 844.

AN ACT 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 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, 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 tax-payers 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 tax-payers 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 forthwith 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 tax-payers 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 of this state, and being assessed on real or personal property therein, shall have all the rights and privileges under this act so far as property representation is concerned, as other tax-payers. And the board of directors or trustees of any such corporation or company may apply to the county judge by petition in the same manner as herein provided for other tax-payers. The words "municipal corporation," when used in this act, shall be construed to mean any city, town or incorporated village in this state. But nothing herein contained shall be construed as to include the city or counties of New York, Kings, Erie, Greene, Albany, Westchester, Ontario, Seneca, Yates, Onondaga and Niagara.

§ 2. It shall be the duty of the said judge, at the time and place named in the said notice, to proceed to take proof as to the said allegations in said petition; and if it shall appear satisfactorily to him that the said petitioners, or the said petitioners and such other taxpayers of said town as may then and there appear before him and express a desire to join as petitioners in said petition do represent a majority of the tax-payers of said municipal corporation as shown by the last preceding tax list or assessment roll, and do represent a majority of the taxable property upon said list or roll, he shall so adjudge and determine and cause the same to be entered of record. And such judgment and the record thereof shall have the same force and effect as other judgments and records in courts of record in this

state.

§ 3. If the said judge shall adjudge and determine that such petitioners do represent a majority of such tax-payers as aforesaid, and a majority of such taxable property, as aforesaid, it shall be his duty forthwith to appoint and commission three persons who shall be free

holders, residents and tax-payers within the corporate limits of such corporation, to be commissioners for the purposes hereinafter named. The said commissioners shall hold their offices for five years and until others are appointed by the county judge of said county, and shall, before entering upon the duties of their office, each make oath faithfully to discharge all the duties thereof. All vacancies in such commission shall also be filled by such county judge as they occur. Said commissioners shall each receive the sum of three dollars per day for each day actually engaged in the discharge of their duties, and their necessary disbursements to be audited and paid by the usual disbursing officer of such municipal corporation. A majority of such commissioners, at a meeting of which all have notice, shall constitute a quorum and may exercise the powers of the commission.

§ 4. It shall be the duty of such commissioner, with all reasonable dispatch, to cause to be made and executed the bonds of such municipal corporation, attested by the seal of such corporation affixed thereto, if such corporation has a common seal, and if not, then by their individual seals, and signed and certified by said commissioners, who are hereby authorized and empowered to affix such common seal thereto and to so sign and certify such bonds. Such bonds shall become due and payable at the expiration of thirty years from their date, and shall bear interest at the rate of seven per cent per annum, payable semi-annually, and shall not exceed in amount twenty per cent of the entire taxable property within the bounds of said municipal corporation as shown by said tax list, nor shall they exceed in amount the amount set forth in such petition. The said bonds shall also bear interest warrants corresponding in number and amounts with the several payments of interest to become due thereon, but the commissioners may agree with any holders to register any such bonds, in which case the interest warrants on the registered bonds shall be surrendered, and the interest shall be payable only on the production of the registered bond, which shall then be transferable only on the commissioners' records. The savings banks of this state are authorized to invest in said bonds not to exceed ten per cent of their deposits. All taxes except school and road taxes, collected for the next thirty years, or so much thereof as may be necessary, in any town, village or city on the assessed valuation of any railroad in said town, village or city, for which said town, village or city has issued or shall issue bonds to aid in the construction of said railroad, shall be paid over to the treasurer of the county in which said town, village or city lies, and said money so paid over, including interest collected on bonds held by said treasurer as a sinking fund, shall be invested by said