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 in the office of the clerk of the county in which said municipal corporation is situ ated, 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, and in case any county judge, to whom any such petitions may have been presented, shall be declared incompetent or ineligible or in any manner disqualified to hear the same, by any court on certiorari, from any determination of such county judge in any proceeding under this act had before him, the original petitions filed with the county clerk in such proceeding and on such determination, may be taken from file and presented to a judge of an adjoining county or a justice of the supreme court; and in all such cases the same proceedings may be had before such county judge or justice of the supreme court as are required by the provisions of this act. The judge shall file the petition as part of the judgment roll, and on making his final determination in any case he shall forthwith publish notice thereof for three weeks, at least once in each week, in the same newspaper in which notice of such hearing was published as ordered.

§ 3. Section ten of chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine is hereby amended so as to read as follows:

§ 10. Nothing herein contained shall be construed as permitting any municipal corporation, in or through which a railroad has already been constructed and is in operation, to aid in the construction of any other railroad under the provisions of this act, unless the railroad already built is assessed or taxed upon the assessment roll specified in this act; provided, however, that this section shall not apply to any railroad exempted from taxation by any law of this State.

§ 4. Review of proceedings under the acts hereby amended shall be by certiorari, and no writ of certiorari shall be allowed unless said writ shall be allowed within sixty days after the last publication of notice of the judge's final determination, as provided in section two of this act, and where such judgment is so entered prior to the passage of this act, unless said writ is allowed within sixty days after the passage of this act. On the return of the certiorari, the court out of which the same issued shall proceed to consider the matter brought up thereby, and shall review all questions of law and of fact determined for or against either party by the county judge. And the said courts or court of appeals in appeals now pending, and in all future proceed

ings, may reverse or affirm or modify, in all questions of law or fact his final determination, or may remand the whole matter back to said county judge to be again heard and determined by him. And it may by order direct that he proceed thereon de novo, in the same manner and with the same effect as if he had taken no action therein, or it may by such order specify how and in what particulars he shall hear and determine the same on such remanding thereof. Applications for certiorari shall be on notice. On review, persons taxed for dogs or highway tax only shall not be counted as tax payers unless that claim was made before the county judge. The county judge shall forthwith proceed to carry into effect all orders of any court on review under this act.

§ 5. Chapter five hundred and seven of the laws of one thousand eight hundred and seventy is hereby amended by adding to the end of section first as follows: But in case such commissioners and such railroad corporation cannot agree, or in case the said commissioners refuse to make any agreement, then in either case the supreme court at general term may, on motion and after hearing all parties interested, determine upon what terms and conditions said bonds should be delivered to said railroad corporations, having due regard to the public good, the rights of said municipal corporation whose bonds are authorized to be issued, and the rights of said railroad corporation, and shall have power to compel the delivery of said bonds on such terms and conditions, and in such manner as it shall thus determine upon, by the usual process of the court. Said court shall also, by the usual process of said court in like cases, have power at any time to prevent by injunction the issue of said bonds or any portion thereof, on notice and for good cause shown. And any justice of said court may grant a temporary injunction until such motion can be heard.

6. Section four of chapter nine hundred and seven of laws of eighteen hundred and sixty-nine, as amended by chapter two hundred and eighty-three of the laws of eighteen hundred and seventy-one, is hereby amended by adding at the end thereof as follows: In case of a vacancy in the office of commissioners, or in case all commissioners are notified of any meeting, a majority of the commissioners shall have and exercise all the powers and duties of the three commissioners. The said commissioners may issue the said bonds payable at any time they may elect, less than thirty years, any law heretofore passed to the contrary, but they shall not so issue said bonds that more than ten per cent of the principal of the whole amount of bonds issued shall become due or payable in any one year.

7. This act shall take effect immediately.

Chap. 54.

AN ACT to extend to the towns of Skaneateles and Spafford, of the county of Onondaga, the provisions of the act 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, passed May the fifteenth, eighteen hundred and sixty-nine," and of acts amendatory thereof.

PASSED February 23, 1872; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The provisions of the act 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, passed May eighteenth, eighteen hundred and sixtynine," and of the other acts amendatory thereof, are hereby made applicable to the towns of Skaneateles and Spafford in the county of Onondaga.

§ 2. This act shall take effect immediately.

Chap. 62.

AN ACT extending the provisions of certain laws permitting municipal corporations to aid in the construction of railroads, in the towns of Salina and Clay, and the village of Liverpool, in the county of Onondaga.

PASSED February 28, 1872; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, 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 chapter nine hundred and twenty-five of the laws of eighteen hundred and seventy-one, entitled "An act to amend chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, entitled "Ar 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 also to amend 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 towns of Salina and Clay and the village of Liverpool, in the county of Onondaga.

§ 2. This act shall take effect immediately.

Chap. 81.

AN ACT to amend an act passed April nineteenth, eighteen hundred and seventy-one, 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.

PASSED March 5, 1872; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section fifth of the act passed April nineteenth, eighteen hundred and seventy-one, 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," is hereby amended so as to read as follows:

§ 5. Corporations may be formed under the act entitled "An act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty, for the purpose of constructing and operating railroads for public use in transporting persons and property, of the gauge of three feet and six inches or less, but not less than thirty inches within the rails; whenever capital stock of said corporation to the amount of one thousand dollars for every mile of such railroad proposed to be constructed and operated has been

in good faith subscribed, and whenever one thousand dollars or more for every mile of such railroad proposed to be constructed shall be in like manner subscribed, and ten per cent thereon in good faith actually paid in cash to the directors named in the articles of association, and an affidavit made by at least three of said directors, and indorsed on or annexed to said articles that the amount of stock hereby required has been so subscribed as aforesaid, and ten per cent thereon paid as aforesaid, and that it is intended in good faith to construct and operate such railroad, then said articles with such affidavit may be filed and recorded in the office of Secretary of State, provided said articles contain all the other facts required by law to be stated in articles of association made for organizing railroad corporations under said act entitled "An act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty; and all the provisions of said last-mentioned act shall apply to corporations formed for the construction and operating of railroads of the gauge herein above mentioned, except as herein provided or otherwise provided by law.

§ 2. This act shall take effect immediately.

Chap. 307.

AN ACT extending the provisions of certain laws permitting municipal corporations to aid in the construction of railroads to the village of Middleport, in the county of Niagara. PASSED April 22, 1872; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, 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 and supplementary thereto, are hereby extended and made applicable to the village of Middleport in the county of Niagara . § 2. This act shall take effect immediately.