such corporation shall, from that time during its existence so extended, possess all the rights, privileges and franchises at that time enjoyed or exercised by such corporation."

§ 2. Whenever two railroad companies for a portion of their respective lines embrace the same location of line, or whenever their lines connect or are tributary to each other, such companies may by agreement provide for the construction by one of said companies of so much of said line as is common to both or connects with its own line, and for the manner and terms upon which the business thereon shall be performed; and the company so constructing the common or connecting and tributary portion of road shall, if the terms of such agreement so provide, be entitled to have and receive all the town bonds which have been or may be authorized to be issued to either company in aid of the construction thereof, and the towns authorized to issue such bonds are hereby authorized and required to exchange the same for the stock or bonds of the railroad company that shall, under such agreement, construct a railroad upon the line designated therein, to an amount specified in the petition of the tax payers, or remaining unpaid on their subscription to the stock of either of said railroad companies. Nothing in this act contained shall be construed so as to compel the commissioners of any town that has assented to bond for railroad purposes for any specified line of railroad to surrender the bonds of any such town to any other railroad organization, until the assents of a majority of the tax payers, owning a majority of the property appearing upon the assessment roll of such town, has been first obtained. § 3. This act shall take effect immediately.

Chap. 883.

AN ACT to confer jurisdiction upon the supreme court or the judges thereof in proceedings under chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, 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 the municipal corporations to aid in the construction of railroads," as amended by chapter nine hundred and twenty-five of the laws of eighteen hundred and seventy-one, and to repeal section ten of said act as thus amended.

PASSED June 15, 1872. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The petition of a majority of the tax payers of any municipal corporation in this State who are assessed or taxed, or represent a majority of the taxable property of said corporation as required, and provided by section one of chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, as amended by chapter nine hundred and twenty-five of the laws of eighteen hundred and seventy-one, duly verified as therein required, may be presented to any judge of the supreme court at any special term of said court, and on such presentation said judge or said court shall have all power and proceed to give notices, hear the parties and proofs, and adjudge, decree and determine as to all matters in like manner, and in all respects and with like force and effect as the county judge would have done under the acts hereby amended had such petition been presented to him. Such court or judge thereof, upon the presentation of such petition, or at any time thereafter during the pendency of any proceeding, are hereby authorized to appoint any proper person as referee to take the evidence, and report thereupon upon any questions pending in such proceedings, and such person thus appointed referee shall have all the powers of referees appointed by the supreme court in actions therein, and shall report the evidence taken by him with his conclusions of fact and law and opinion thereupon to said judge or court appointing him.

The said judge or any special term of said court may, on a notice of not less than eight days to all parties appearing on the hearing upon filing the report of said referee, hear, determine and decree as to all matters as though the proofs had been taken without any reference in such proceedings, and with like force and effect as is provided with

regard to a county judge under the acts hereby amended. No appeal can be taken from any order or decree under this act, unless on notice to all parties appearing on the hearing, and the granting or refusing said appeal, and proceedings thereunder, shall be governed by the same rules as govern the granting or refusing a certiorari of proceedings under the acts hereby amended, and proceedings under said certiorari, if allowed.

§ 2. Section ten of chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, as amended by section three of chapter nine hundred and twenty-five of the laws of eighteen hundred and seventy-one is hereby repealed.

§ 3. This act shall take effect immediately.

Chap. 352.

AN ACT to amend the act entitled "An act authorizing the consolidation of certain railroad companies," passed May twentieth, eighteen hundred and sixty-nine.

PASSED April 30, 1873.

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

SECTION 1. The second subdivision of the second section of the act entitled "An act authorizing the consolidation of certain railroad companies," passed May twentieth, eighteen hundred and sixty-nine, is hereby amended by inserting after the word "business," in said subdivision, the following words, "or in case no daily newspaper is published in such county, then such general notice may be published once in each week in some newspaper printed in such city, town or county."

§ 2. This act shall take effect immediately.

Chap. 710.

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 June 11, 1873.

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

SECTION 1. The fifth 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 by adding thereto the following: The purchaser or purchasers, or the grantee or grantees of any purchaser or purchasers of the real estate, tracks and fixtures of any railroad corporation, which has heretofore been sold, or may be hereafter sold by virtue of any mortgage, or by virtue of any judgment, decree or order of any court having jurisdiction in the premises; may associate with him or them any number of persons, and make and acknowledge and file articles of association as prescribed by the first section of this act; such articles shall be entitled to be filed when there is indorsed thereon an affidavit made by at least three of the directors named in said articles, that it is intended in good faith to maintain and operate the road mentioned in such articles, and upon the filing thereof, so indorsed, the parties making such articles of association, and their associates, shall thereupon be a corporation with all the powers, privileges and franchises, and subject to all the provisions of this act. Nothing herein contained shall be construed to authorize any company organized under this act to charge any greater rate of fare than they were authorized by law to charge previous to such reorganization.

§ 2. This act shall take effect immediately.

Chap. 720.

AN ACT to compel railroad commissioners to give bonds. PASSED June 11, 1873.

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

SECTION 1. The commissioners referred to in section three 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 eighteen, eighteen hundred and sixty-nine, are hereby required in all cases of future appointment, within ten days after entering upon the duties of their office, and before receiving any funds belonging to the town in said section three referred to, to make and deliver to the clerk thereof a bond in such penalty and with such sureties as the board of auditors for such town shall prescribe, conditioned for the faithful discharge of their official duties, and that they will well and truly keep and pay over and account for all moneys belonging to such town, and coming into their hands as such commissioners. And in all cases, where such commissioners have entered upon the duties of their offices without executing such bond, it shall be their duty to make and file the same within twenty days after the passage of this act, and within ten days after notice thereof from the supervising officer of said municipal corporation. Such office of commissioner shall be and become vacated on failing or refusal to file the bond as herein required.

§ 2. No railroad commissioner of a town shall hereafter be eligible to the office of the supervisor thereof.

§ 3. This act shall take effect immediately.