NEW YORK, LAWS OF 1863, CHAP. 18.

AN ACT AMENDING THE SEVERAL ACTS AUTHORIZING TOWN SUBSCRIPTIONS TO THE STOCK OF THE ALBANY AND SUSQUEHANNA RAILROAD COMPANY, TO EXTEND THE TIME FOR THE COMPLETION OF THE SAID ROAD, AND TO REGULATE THE WEIGHT OF THE IRON RAIL TO BE USED THEREON.

Passed March 4, 1863; three-fifths being present.

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

SECTION 1. In any case where the commissioner or commissioners of any town, authorized to subscribe to the stock of the Albany and Susquehanna Railroad Company, shall have filed in the town and county clerk's offices, proof by affidavit of the consent of a majority of the taxpayers, their heirs or legal representatives, of such town, preliminary to a subscription on behalf of said town, to the stock of said company, such proof by affidavit, shall be valid and conclusive to authorize said subscription to the stock, and the issue of bonds to the amount specified in such proof; and clerical or other defect in such proof by affidavit, shall not invalidate it.

SEC. 2. When the commissioner of any town shall neglect or refuse to make report as required by law, to the board of supervisors, of the amount required to pay principal or interest on the bonds issued by such town, or any supervisor shall neglect or refuse to levy upon such town the amount so reported, such commissioner or supervisor shall forfeit and pay, as a penalty for such neglect or refusal, the sum of two hundred and fifty dollars, to be collected by the president of the said company, and applied by him. to the payment of the principal or interest due or to become due on the bonds issued by such town.

SEC. 3. The provisions of an act entitled "An act to extend the time for the completion of the Albany and Susquehanna railroad, and to comply with the conditions of the act authorizing the city of Albany to make a loan to said company," passed April fourteenth, eighteen hundred and fifty-seven, are hereby extended five years, in addition to the time now allowed by law.

SEC. 4. The Albany and Susquehanna Railroad Company may lay down and use in the construction of their road, iron rail, not less in weight than fifty-three pounds to the lineal yard.

SEC. 5. This act shall take effect immediately.

NEW YORK, LAWS OF 1863, CHAP. 70.

AN ACT TO FACILITATE THE CONSTRUCTION OF THE ALBANY AND SUSQUEHANNA RAILROAD.

Passed April 3, 1863; three-fifths being present.

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

SECTION 1. Whenever the Albany and Susquehanna Railroad Company shall duly prove to the Comptroller of this State, that they have expended at least one million of dollars, in the construction and equipment of said road, and in good faith put the same into operation forty miles from the city of Albany through a portion of the county of Schenectady, to the town of Cobleskill, in the county of Schoharie, the Treasurer of the State is hereby authorized and required to pay to the Treasurer of said company, the sum of two hundred and fifty thousand dollars; and it is further provided that, whenever the said company shall in like manner prove to the Comptroller of this State, that they have in good faith put the said road in operation another forty miles, to the town of Oneonta, in the county of Otsego, in all eighty miles from the city of Albany, the Treasurer of the State is hereby authorized and required to pay to the Treasurer of the said company the further sum of two hundred and fifty thousand dollars, which several sums are hereby appropriated (for public purposes) to aid in the construction of the said Albany and Susquehanna Railroad.

SEC. 2. There shall be imposed, for each of the fiscal years commencing on the first day of October, one thousand eight hundred and sixty-three, and one thousand eight hundred and sixty-four, a State tax of three-sixteenths of a mill in each year, on each dollar of the valuation of the real and personal property of this State, to be assessed, levied and collected in the usual manner prescribed by law, for raising State taxes, to be paid by the several county treasurers into the treasury of this State, and to be held by the State Treasurer for the special purpose designated by this act.

SEC. 3. The Comptroller of this State is hereby authorized and required to draw his warrant upon the Treasurer thereof for the said several sums hereby appropriated, to be paid as aforesaid, whenever the said conditions shall have been complied with on the part of said company (provided, however, that the last mentioned sum

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of two hundred and fifty thousand dollars shall not be payable during the next fiscal year); but in case the said company shall fail to comply with the said conditions within two years next after the passage of this act, the said moneys shall be applied to and for the uses of the general fund of this State; and if there shall be an overplus, after paying the said sums hereby appropriated, the same shall in like manner be applied to the general fund. The said moneys thus received by the said company, to be applied and used in the construction and equipment of said railroad, and for no other purpose whatever.

NEW YORK, LAWS OF 1864, CHAP. 402.

AN ACT AMENDING CHAPTER EIGHTEEN OF THE LAWS OF EIGHTEEN HUNDRED AND SIXTY-THREE, IN RELATION TO TOWN SUBSCRIPTIONS TO THE STOCK OF THE ALBANY AND SUSQUEHANNA RAILROAD COMPANY.

Passed April 25, 1864; three-fifths being present.

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

SECTION 1. Section one of chapter eighteen of the laws of eighteen hundred and sixty-three, is hereby amended to read as follows:

SEC. 1. In any case where the commissioner or commissioners of any town, authorized to subscribe to the stock of the Albany and Susquehanna railroad company, shall have filed in the town and county clerks' offices affidavits of the consent, subscribed, or authorized to be subscribed, of a majority of the taxpayers, their heirs or legal representatives of such town, respectively, preliminary to a subscription on behalf of said town to the stock of said company; such affidavits shall be valid and conclusive proof in all courts, and for all purposes, to authorize and uphold the respective subscriptions to the stock, and the issue of bonds to the amount specified in such proof, for such towns respectively; and no clerical, or other defects in any of such affidavits, shall invalidate such proof, or the subscription to the stock, or the said bonds. And where bonds have been issued by the commissioner or commissioners of any town, and the said railroad shall have been constructed through such town, the bonds shall be valid and binding on said town without reference to the form or sufficiency of such affidavits, and the principal and interest on the bonds shall be levied, raised, and paid in the manner provided in the original act.

SEC. 2. This act shall take effect immediately.

NEW YORK, LAWS OF 1865, CHAP. 145.

AN ACT TO EXTEND THE TIME FOR COMPLYING WITH THE CONDITIONS OF The ACT ENTITLED "AN ACT TO FACILITATE THE CONSTRUCTION OF THE ALBANY AND SUSQUEHANNA RAILROAD," PASSED APRIL THIRD, EIGHTEEN HUNDRED AND SIXTY-THREE.

Passed March 18, 1865; three-fifths being present.

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

SECTION 1. The Albany and Susquehanna Railroad Company shall have the further time of one year from the passage of this act, in which to comply with the conditions of the act entitled "An act to facilitate the construction of the Albany and Susquehanna Railroad," passed April third, eighteen hundred and sixty-three, in putting said road in operation to the town of Oneonta, in the county of Otsego, in all, eighty miles from the city of Albany; and the appropriation of two hundred and fifty thousand dollars, payable when the said road is put into operation to said town of Oneonta, is hereby continued for one year from the passage of this act.

SEC. 2. The comptroller of this state is hereby authorized and required to draw his warrant upon the treasurer thereof, for the said two hundred and fifty thousand dollars, which is hereby appropriated (for public purposes) to aid in the construction of said railroad, to be paid to the treasurer of said company whenever the conditions shall be complied with in putting the said railroad in operation to said town of Oneonta.

SEC. 3. This act shall take effect immediately.