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tional amount of its own capital stock at par or on such other terms and conditions as may be agreed upon between the two corporations ; and whenever the greater part of the capital stock of any such corporation shall have been so surrendered or transferred, the directors of the corporation taking such surrender or transfer, shall thereafter, on a resolution electing so to do, to be entered on their minutes, become ex officio the directors of the corporation whose road is so held under lease, and shall manage and conduct the affairs thereof as provided by law; and whenever the whole of the said capital stock shall have been so surrendered or transferred, and a certificate thereof filed in the office of the Secretary of State, under the common seal of the corporation to whom such surrender or transfer shall have been made, the estate, property, rights, privileges and franchises of the said corporation whose stock shall have been so surrendered or transferred, shall thereupon vest in and be held and enjoyed by the said corporation to whom such surrender or transfer shall have been made, as fully and entirely, and without charge or diminution, as the same were before held and enjoyed, and be managed and controlled by the board of directors of the said corporation to whom such surrender or transfer of the said stock shall have been made, and in the corporate name of such corporation. The rights of any stockholder not so surrendering or transferring his stock, shall not be in any way affected hereby, nor shall existing liabilities or the rights of creditors of the corporation, where stock shall have been so surrendered or transferred, be in any way affected or impaired by this act.
§ 2. This act shall take effect immediately.
AN ACT to prevent injury and loss of life to persons on rail
road cars, and in relation to a uniform for the employees thereof.
Passed April 22, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. It shall be the duty of every railroad company or corporation in this state, and every railroad company or corporation running, or that may hereafter run its passenger cars in this State, to cause the
platforms upon the ends of all passenger cars to be so constructed that when said cars shall be coupled together, or made
into trains and in motion, danger of injury to persons or loss of life between the ends of said cars by falling between the platforms of said cars while passing from one car to another, shall, so far as practicable, be avoided. It shall be the duty of every railroad company operating a railroad in this state by the power of steam, to designate and prescribe such peculiar uniform or external apparel, to be worn by its officers, agents and employees, engaged in or about its passenger offices or stations, or on or about its trains upon its tracks, as shall plainly, to all travelers, distinguish all such persons; and such uniform or apparel shall also plainly indicate or distinguish the position or rank of the wearer in the employment of such company. It shall be the duty of every such person to provide and wear such apparel or uniform when employed as aforesaid. And every such company that shall fail to designate and prescribe such apparel or uniform and to also cause the same to be generally worn by all such persons from and after six months from the passage of this act, shall forfeit to the people of this State, and be liable to pay to the Treasurer of this State, on the first day of January next following the expiration of said six months, and on every first day of January thereafter, the sum of ten thousand dollars. It shall be the duty of the Attorney-General of this State, in the name of the people thereof, to sue for and recover said penalties for the benefit of the State. And in case of the refusal or omission of any person aforesaid to wear such uniform or apparel, as contemplated by this act, or to obey any reasonable rule or regulation of any such company relative to the same, or the wearing thereof, it shall be the right and duty of every such company to deduct and retain the amount of five per cent of the agreed or accustomed compensation of such delinquent person during the period of any such neglect or refusal. And every person who shall advise or use any persuasion to induce any person being an officer, agent or employee of any such company, to leave the service of such company by reason of any such apparel or uniform being required to be worn, or to refuse to wear the same, or any part thereof, every person who without authority shall wear such uniform or apparel, and every person being an officer or agent in any company aforesaid who shall use any inducement with any person aforesaid to come into the employment of any other such company, by reason of any apparel or uniform so required or designated to be worn, shall severally, by reason thereof, be guilty of a misdemeanor and be liable to be punished for such offense.
§ 2. Each and every violation of this act by any railroad company or corporatlon, shall, on conviction, be punished by a fine of not less than fifty dollars nor more than five hundred dollars, to be sued for and collected in the name of the people of the State of New York by the Attorney-General, and the moneys, when collected, to be paid into the general fund of the State.
§ 3. This act shall not operate or be construed to exempt railroad companies or corporations from liability for damages to persons who may be injured or sustain loss or damage by or through any neglect to comply with the provisions of this act.
§ 4. Time shall be allowed to all railroad companies or corporations to comply with the provisions of this act as follows, to wit: one quarter of all the said cars of each of said companies or corporations shall be made to conform to the requirements of this act within three months from and after the passage of this act, one other quarter thereof within six months, one other quarter thereof within nine months, and the remaining one quarter thereof within one year from and after the passage of this act.
§ 5. This act shall take effect immediately.
Passed April 22, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Any railroad company which has been, or which may hereafter be, duly formed under the act entitled “ An act to authorize the formation of railroad corporations and to regulate same," passed April second, eighteen hundred and fifty, and which is duly continued in existence, when at least ten thousand dollars for every mile of its railroad proposed to be constructed in this State, shall be, in good faith, subscribed to its capital stock, and ten per cent thereof paid in, may apply to the court for the appointment of commissioners, and all subsequent proceedings may be had to obtain the title to lands necessary for the construction of its railroad, to the same extent and in the same manner as if the whole amount of the capital stock specified in its articles of association was in like manner subscribed.
8 2. This act shall take effect immediately.
Chap. 694. AN ACT in relation to the valuation of the property of
railroad companies in school-districts, for the purpose of taxation.
Passed April 23, 1867; 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 be the duty of the town assessors, within fifteen days after the completion of their annual assessment list, to apportion the valuation of the property of each and every railroad company as appears on such assessment list among the several school-districts in their town, in which any portion of said property is situated, giving to each of said districts their proper portion, according to the proportion that the value of said property in each of such districts bears to the value of the whole thereof in said town.
§ 2. Such apportionment shall be in writing, and shall be signed by said assessors, or a majority of them, and shall set forth the number of each district and the amount of the valuation of the property of each railroad company, apportioned to each of said districts; and such apportionment shall be filled with the town-clerk, by said assessors or one of them, within five days after being made; and the amount so apportioned to each district shall be the valuation of the property of each of said companies, on which all taxes against said companies in and for said districts shall be levied and assessed, until the next annual assessment and apportionment.
§ 3. In case the assessors shall neglect to make such apportionment, it shall be duty of the supervisor of the town, on the application of the trustees or board of education of any district, or of any railroad company, to make such apportionment in the same manner and with the like effect as if made by said assessors.
§ 4. The town-clerk shall, whenever requested, furnish to the trustees or board of education of each district, a certified statement of the amounts apportioned to such district, and the name of the company to which the same relates.
§ 5. In case any alteration shall be made in any school-district, affecting the property of any railroad company, the officer making such alteration shall, at the same time, determine what change in the valuation of the said property in such district would be just, on account of the alteration of district, and the valuation shall be accordingly changed.
§ 6. This act shall take effect immediately.
Ohap. 775. AN AOT 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 25, 1867. The People of the State of New York, represented in Senate anıl Assembly, do enact as follows:
SECTION 1. If any corporation formed under an 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, 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 AOT 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
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