directors to repay to each subscriber who shall so surrender his stock as aforesaid, the amount paid on such stock, with interest thereon from the time of its payment, and such stock shall thereupon be cancelled; and the directors of said company shall have power and authority to procure and receive new subscriptions of stock in lieu of that so surrendered, in such manner and at such times and on such terms as they may deem proper; but the foregoing provisions of this sec- Provis tion shall not apply to any stockholder of said company who shall have signed a petition addressed to the legislature of this state, requesting the amendment contained in the said first section to the act therein mentioned, or any similar amendment. of time. § 5. The second section of the act hereby amended, is so Limitation amended as to read as follows: If the said company shall not, within one year from the first day of January one thousand eight hundred and fifty, commence the construction of the said railroad, and expend at least the sum of twenty-five thousand dollars thereon, and shall not, within five years from the said first day of January, finish the said railroad and put the same in operation, then the said company shall thenceforth forever cease, and this act shall be void. be changed. § 6. The directors, or a majority of them, may change the Name may name of the company, on filing a certificate of such change, setting forth the new name of the company, signed by the president and secretary, in the clerks' offices of each of the counties through which the road runs, and in the office of the secretary of state; a copy of which certificate, duly certified by said secretary, shall be sufficient evidence thereof; and any conveyances of property to said company, or any contracts for the conveyance of personal property or real estate, shall vest in and may be enforced by said company in its new name, in the same manner as if the name had not been changed. laborers § 7. Should any contractor or contractors fail to pay the Wages of laborer or laborers employed by him or them in the construc- secured. tion of said railroad, for work actually performed, then the said company shall be deemed liable for the payment of all sums of money due to such laborer or laborers, if, within ten days from the time of performing such labor notice in writing shall be served on the engineer having charge of the section for the time being on which the said labor shall have been performed, setting forth the sum or sums of money actually due and unpaid; but the company shall not be liable beyond the value of thirty days labor performed previous to the time of giving said notice; and no suit shall be maintained against Commissioners to be appointed. Commission ors to take oath and give bonds. the said company, unless commenced within forty days after such labor shall have been performed. § 8. This act shall take effect immediately. Chap. 55. AN ACT to alter, open and extend certain highways from the city of Albany, into the town of Watervliet in the county of Albany. Passed March 9, 1850, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: §1. The supreme court of this state, at any term thereof held for the county of Albany, shall appoint three disinterested commissioners, who shall not be residents of the county of Albany, who shall have authority to alter and establish the course and width of the road leading from the northerly termination of Broadway in the city of Albany, to the southerly termination of the Watervliet turnpike road, and to lay out and establish a new road leading from the northerly termination of Pearl street, in said city, northeasterly until it shall intersect said first mentioned road. 2. The said commissioners, before entering on their duties, shall take the constitutional oath of office before the county judge of Albany county; and in case of any vacancy by the death or refusal, or neglect to serve, of any of said commissioners, such vacancy shall be filled by the said suhow filled, preme court, which shall appoint some suitable person or persons to fill his or their place. Vacancy Commission ers may make contracts. Shall determine expense. § 3. The said commissioners, after laying out and establishing said roads, may make contracts, conditionally or otherwise, for the purchase of the lands, and the building of any necessary bridges thereon, and for the proper working and construction of said roads, with proper drain or drains leading to the Patroon's creek, and the paving, planking or macadamising said roads, and sidewalks thereon, as they shall deem best; and when such contracts are made, said commissioners shall determine and fix upon a sum which shall, in their opinion, be sufficient to pay for such land and the construction of said roads and bridges, drains and sidewalks, and the other necessary expenses incurred in laying out said roads and completing the same under this act, in tice of, for tained. cluding the commissioners' fees hereinafter mentioned: the commissioners shall give notice by publication in at least two newspapers published in said city of Albany, for thirty Publish nodays, of the amount to be so raised; and in case said amount thirty days. shall not be raised by voluntary contribution, and paid to said commissioners within ten days after the expiration of said thirty days, or in case no contract shall be made by them as aforesaid, they shall cause a map of said roads or Map to be highways to be made, and of the property, lands and tene- made ments in the vicinity thereof, which in their opinion will be benefited and increased in value by altering or opening the said roads or highways, and proceed to ascertain and determine the value of the land taken, and the expense of open- Expense to ing and levelling the ground, and of building a suitable and be ascer substantial bridge or bridges over the stream of water known as the Patroon's creek, and of grading, macadamising, planking, flagging or paving said roads and sidewalks, and making said drains; and after determining such value, and the expense of opening, grading, and bridging, draining and constructing as aforesaid, together with the compensation of the commissioners, and the other expenses named in the seventh section of this act, the said commissioners shall proceed to make a just and equitable apportionment and as- And appor. sessment of the amount so ascertained, upon the property, tioned. lands, tenements and premises fronting on the roads so to be laid out or altered, or which are so situated in respect to the said roads as, in the opinion of the said commissioners, will be benefited and increased in value by opening the said roads or highways, in the ratio or degree in which the said property, lands, tenements and premises will be benefited; and the said commissioners, after ascertaining and determining the value of the grounds taken, and the expense proceedings of grading the same, and constructing said roads and drains, whom made. and bridging the creek aforesaid, together with the compensation of the commissioners, and expenses aforesaid, and after having also apportioned and assessed the sums so ascertained and determined among and upon the lots, lands, property and tenements which in the opinion of the commissioners will be benefited thereby and increased in value, they shall make a report in writing, without delay, to the Albany county court, of their doings in the premises; in which report the said commissioners shall set forth the names of all the persons interested, so far as the same can be ascertained, together with an apt and sufficient designation or description of the respective lots, property or parcels of land and other tenements and premises contained within or Report of when and to adjacent to the road so to be opened and laid out, or so situated as to be benefited as aforesaid, and also the names of the respective owners or parties and persons entitled unto or interested in the respective lands and property; and upon the coming in of the said report, signed by the said commissioners, or any two of them, the said county court shall, by county court. rule or order, after hearing any matter which may be alleged Duty of Copy of assessment county against the same, either confirm the said report, or refer the § 4. The said commissioners, after completing their said deposited in estimate and assessment, shall immediately deposit a true Clerk's office copy thereof in the clerk's office of the county of Albany, for the inspection of whomsoever it may concern; and shall give notice, for twenty days, by advertisement in some public newspaper printed in the city of Albany, for such deposit, and of the time when they will apply to said court for the confirmation of said report. Assessment Owners to pay within 30 days. § 5. The respective sums so assessed by the said commisonlandssioners upon the lands, property, tenements, hereditaments and premises mentioned in the said report and return, shall be a lien or charge on the property, lands, tenements and premises set forth in the said report of said commissioners for the amounts respectively assessed thereon; and the owners thereof, each and every of them, shall pay the respective sum or sums or assessments mentioned in the said report of said commissioners, to the county treasurer of Albany county, within thirty days from the confirmation of said assessments; and in default of payment of the same, or any part thereof, it shall be lawful for the said county judge, by warrant under his hand and seal, on the application of said commissioners, to direct the sheriff of Albany county to levy the same, with the lawful interest thereon, from and after the time of such confirmation, together also with all the charges and expenses of the proceedings to be had for the collection thereof, by sale of the lands and property assessed therefor; and the sheriff shall thereupon proceed to sell said lands and If not paid land to be sold. property in the same manner as under an execution issued from a court of record, and the owners and creditors of said owners shall have the same right and time to redeem said property and lands as if they had been sold under execution. surer to pay 6. The said county treasurer shall pay to the respective County treapersons entitled to moneys awarded to them by said com- award. missioners for lands or tenements taken for the opening of said road or highway, the sums respectively awarded to them in and by the report of said commissioners, on the order of said Albany county court, or their establishing their ownership to said lands and tenements so as aforesaid taken, and executing a satisfactory release thereof and receipt therefor. ers pay $3 a §7. The commissioners appointed under this act, who Commission. shall enter upon the duties of their appointment, shall cause day. said roads, bridges, drains, and walks to be constructed, and shall each be entitled to receive the sum of three dollars for each day they shall respectively be actually employed in the duties of their appointment, besides all reasonable expenses for maps, surveys and plans, and other necessary disbursements; and the same shall be paid by the said county treasurer of Albany county, and be included in the before men- To be tioned assessment, upon the persons and parties benefited by included in the opening and extension of said highway or road, as aforesaid. § 8. This act shall take effect immediately. assessment. Chap. 56. AN ACT to authorize the sale and conveyance of certain real estate belonging to estate of William W. Wadsworth. Passed March 9, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows: real estate § 1. Daniel H. Fitzhugh, the committee of the person and May sell estate of William W. Wadsworth, of Geneseo, and his suc-in town of cessor, is hereby authorized to sell and convey in fee simple Seneca. such portion of the real estate belonging to the said Wadsworth, in the town of Seneca in the county of Ontario, as the said committee may in his discretion deem for the interest of said estate. |