shall be the duty of said treasurer, with the money arising from taxes levied and collected as aforesaid, which has heretofore been or shall hereafter be paid to him (including the interest thereon), to purchase the bonds of said town, issued by said town, to aid in the construction of any railroad or railroads, when the same can be purchased at or below par; the bonds so purchased to be immediately canceled by said. treasurer and the county judge, and deposited with the board of supervisors. In case said bonds so issued cannot be purchased at or below the par value thereof, then it shall be the duty of said treasurer, and he is hereby directed, to invest said money so paid to him as above mentioned, with the accumulated interest thereon, in the bonds of this State, or of any city, county, town or village thereof issued pursuant to the laws of this State, or in bonds of the United States. The bonds so purchased, with the accumulated interest thereon, shall be held by said county treasurer as a sinking fund for the redemption and payment of the bonds issued or to be issued by said town, village or city in aid of the construction of said railroad or railroads. In case any county treasurer shall unreasonably refuse or neglect to comply with the provisions of this act, any tax payer in any town, village or city theretofore having issued bonds in aid of the construction of any railroad or railroads, is hereby authorized to apply to the county judge, on petition, for an order compelling said treasurer to execute the provisions of this act. And it shall be the duty of said county judge, upon a proper case being made, to issue an order directing said county treasurer to execute the provisions of this act. All provisions of laws now in force relating to the enforcement of the decrees or orders of the supreme court are hereby declared to apply to and devolve upon said county judge in the enforcement of said order. The county treasurers of the several counties of this State, in which one or more towns are situated, which have issued bonds for railroad purposes, shall execute a bond, with two sufficient sureties to be approved by the county judge of the counties respectively, to the people of the State of New York, in such penal sum as may be prescribed by the board of supervisors of the respective counties, conditioned for the faithful performance of the duties devolving upon him, in pursuance of the provisions of this act.

§2. This act shall take effect immediately.

Chap. 388.

AN ACT extending the provisions of certain laws permitting municipal corporations to aid in the construction of railroads in the county of Niagara, excepting the town of Royalton, in said county. PASSED April 11, 1871; three-fifths being present. The People of the State of New York, represented in Senate and A8sembly do enact as follows:

SECTION 1. The provisions of chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, entitled, "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; and of chapter five hundred and seven of the laws of eighteen hundred and seventy, entitled, "An act to define the powers of commissioners appointed under chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, bonding municipalities to aid in the construction of railroads," and of all laws amendatory thereof, are hereby extended and made applicable to the county of Niagara,excepting the town of Royalton in said county. § 2. This act shall take effect immediately.

Chap. 537.

AN ACT requiring commissioners of towns, cities and villages, appointed under the several acts to facilitate the construction of railroads in this State, to present bonds and coupons paid by them before the boards of auditors in towns, cities and villages, and providing for the cancellation and preservation of the same.

PASSED April 17, 1871; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The commissioners appointed under and by virtue of the several acts to facilitate the construction of railroads in this State, and who have been duly authorized under said laws to issue bonds of any town, city or village therein, are hereby required to present before the boards of auditors of their respective towns, cities or villages, whose duty it is annually to examine and audit the receipts and disbursements

of either town, city or village officers, at each annual meeting of said boards of town auditors, or the auditing board in any city or village, all such bonds and coupons thereof which have been paid by them respectively during the year then ending; also to render a written statement or report annually to said board, showing in items all their receipts and expenditures, with vouchers. It shall be the further duty of said commissioners to loan on proper security or collaterals or deposit in some solvent bank or banking institution, at the best rate of interest they may be able to obtain (not exceeding seven per cent), all moneys that shall come into their hands by virtue of their office, and not needed for current liabilities, and all interest or earnings accruing from such loans or deposits shall be credited to their respective towns, cities or villages, and accounted for in their annual settlements with the said boards of auditors.

§ 2. It shall be the duty of the several boards of town auditors, or any auditing board in the cities or villages of this State, before whom such bonds or coupons thereof may be presented in pursuance of section one of this act, to cancel the same, by cutting out a portion of each bond or coupon so presented, in such manner as to effectually prevent the repayment of the same.

§ 3. All bonds and coupons so presented and canceled shall be deposited for safe-keeping and future reference in the office of the clerk of the county in which such towns, cities or villages are respectively situated, and said boards of town auditors or auditing boards in any city or village shall prepare and sign a certificate, showing a full description of all bonds or coupons so canceled and deposited by them, and shall file said certificate in the office of the clerk of their respective towns and villages, and in cities in the office of the clerk of the city. § 4. This act shall take effect immediately.

Chap. 560.

AN ACT to amend an act entitled "An act to authorize the forma tion of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty.

PASSED April 19, 1871.

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

SECTION 1. The twenty-second section of an 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:

§ 22. Every company formed under this act, before constructing any part of their road into or through any county named in their articles of association, shall make a map and profile of the route intended to be adopted by such company in such county, which shall be certified by the president and engineer of the company, or a majority of the directors, and filed in the office of the clerk of the county in which the road is to be made, or in the office of the register in counties where there is a register's office. The company shall give written notice to all actual occupants of the land over which the route of the road is so designated, and which has not been purchased by or given to the company, of the time and place such map and profile were filed, and that the route designated thereby passes over the land of such occupant. Any occupant or owner of land over which such route passes, feeling aggrieved by the proposed location, may, within fifteen days after receiving written notice as aforesaid, give ten days' notice, in writing, to such company and to the owners or occupants of lands to be affected by any proposed alteration, of the time and place of an application to a justice of the supreme court, in the judicial district where said lands are situated, by petition duly verified, for the appointment of commissioners to examine the said route. Such petition shall set forth the petitioners' objections to the route designated by the company, shall designate the route to which it is proposed to alter the same, and shall be accompanied by a survey, map and profile of the route as designated by the company and of the proposed alteration thereof, copies of which petition, map, survey and profile shall be served upon the company and said owners or occupants, with the notice of the application. If the said justice shall consider sufficient cause therefor to exist, he may, after hearing such parties as shall appear, appoint three disinterested persons, one of whom must be a practical civil engineer, commissioners to examine the route proposed by the company and the route to which it is proposed to alter the same, and, after hearing the parties, to affirm the route originally designated, or adopt the proposed alteration thereof, as may be consistent with the just rights of all parties and the public, including the owners or occupants of lands upon the proposed alteration; but no alteration of the route shall be made except by the concurrence of the commissioner who is a practical civil engineer, nor shall an alteration be made which shall cause greater damage or injury to lands, or materially greater length of road, than the route designated by the company would cause, nor which shall substantially change the general line

adopted by the company. The determination of the commissioners shall, within thirty days after their appointment, be made and certified by them, and the certificate, with the petition, map, survey and profile, and any testimony taken before them be filed in the office of the register of the county, in counties where there is a register, otherwise in that of the county clerk. Within twenty days after the filing of such certificate any party may, by notice in writing to the others, appeal to the supreme court from the decision of the commissioners, which appeal shall be heard and decided at the next general term of the court held in any judicial district in which the lands of the petitioners, or any of them, are situated, for which the same can be noticed according to the rules and practice of said court. On the hearing of such appeal the court may affirm the route proposed by the company or may adopt that proposed by the petitioner. Said commissioners shall each be entitled to three dollars per day for their expenses and services, to be paid by the person who applied for their appointment; and, if the route of the road as designated by the company is altered by the commissioners, and their decision is affirmed on appeal (if an appeal be taken), the company shall refund to the applicant the amount so paid.

§ 2. Whenever any railroad company shall have located its road so as to terminate at any railroad previously constructed or located whereby communication might be had with any incorporated city of this State, and any other railroad company shall subsequently locate its road so as to intersect the road of said first-mentioned company, and thereby, by itself or its connections, afford communication with such city, then and in such case said first-mentioned company may alter and amend its articles of association so as to have its road terminate at the point of intersection with said road so subsequently located, provided the consent of the stockholders representing or owning twothirds of the stock of said company shall have been first obtained thereto.

§ 3. Whenever in said act any map, survey, profile certificate, or other paper is directed to be filed or recorded in the office of the county clerk, the same shall be filed or recorded in the office of the register of the county, provided there be a register's office in said county, and all maps, profiles, surveys, reports, certificates or other papers which have, pursuant to the provisions of said act, been heretofore filed or recorded in the office of the clerk of any county in which there is a register, shall be, within thirty days after the passage of this act, transferred to the office of such register, and shall be by him refiled or recorded as of the date of the original filing or record.