be levied upon the taxable property of the said village same by of Rhinebeck. tax. clause. § 11. All acts and parts of acts inconsistent with the Repealing provisions of this act, shall be deemed and considered, in the construction of this, act as repealed. §12. This act shall take effect immediately. Chap. 530. AN ACT to enable the village of Mexico, in purposes. Passed May 1, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Village tax be levied of $700 to and col lected. be paid for of railroad SECTION 1. The trustees of the village of Mexico, in the county of Oswego, are hereby authorized to levy and collect from the taxable property therein, in the same manner in which other taxes in said village are levied and collected, the sum of seven hundred dollars, or so much thereof as may be necessary to reimburse to James S. Chandler such sums as may have been by him Amount to paid and expended for the purchase of stock of the purchase Oswego and Rome railroad company; and for interest stock. on all sums so paid by said Chandler, pursuant to the request and by resolution of the tax payers of said village, to secure the location of said road near said village. 2. The said trustees are hereby authorized to pay over to Luther H. Conklin and Dewitt C. Peck, assignees of said James S. Chandler, the said sum, or so much thereof as shall be necessary to reimburse said Chandler for such sum and interest thereon as he shall have so advanced. § 3. This act shall take effect immediately. Money to assignees of James S. be paid to Chandler. Commis sioners, to construct public road. Constitu Chap. 531. AN ACT to lay out, construct and maintain a public road from the foot of East Second street in Long Island city, to D street, in Blissville, Queens county, and to close certain streets in Long Island city, Queens county. Passed May 1, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Charles Stevens, of Long Island city, Titus M. Evans, of Blissville, and Frost T. Covert, of Newtown, Queens county, are hereby appointed commissioners to lay out, construct and maintain a public road from the foot of East Second street, in Long Island city, Queens county, to the foot of D street, in Blissville, Queens county; and to direct and superintend the construction and maintenance thereof. The said commissioners, before entering upon their duties as such, shall take the constitutional oath of office, before some person duly authorized to administer such oath; and in case of how vacancy by the death, or refusal or neglect to serve, or by the resignation of any of the said commissioners, such vacancy shall be filled by the county judge of Queens county, by the appointment of some suitable freeholder residing in the town of Newtown, Queens county, to fill said vacancy. tional oath of commissioners. Vacancies; Commis sioners to cause sur vey of road and filed. § 2. The said commissioners, or a majority of them, are hereby authorized and required to cause an accurate to be made survey of said road to be made and filed in the office of the clerk of Queens county, and to locate and lay out said public road at least sixty feet wide and on a straight line with said East Second street in Long Island city, to where the same will intersect D street in Blissville, thence along the said D street to Green Point avenue in Blissville. Width of road. Commis sioners to ascertain and deter § 3. The said commissioners shall ascertain and determine the damages, if any, sustained by any owner or mine dam- occupant of land through which said road shall be laid out, and all the costs, charges and expenses of laying ages. and ex assessed. thereof on taxable benefited. out, opening and constructing the said road, with the necessary culvert across Jack's creek, and the necessary bridge across Dutch Kills creek. After said damages, Damages costs, charges and expenses shall be finally ascertained penses, and determined, and the same or any part thereof d incurred, it shall be the duty of the said commissioners Une-half to assess one equal half part of the amount so ascertained and determined, upon the taxable property both property real and personal, of owners of property and lands adjoining and benefited by the said road, when constructed; and the other equal one-half part of said amount One-half upon the taxable property, both real and personal, of Newtown. the township of Newtown, in Queens county; and to Statement make a statement of such damages, costs, charges and to board of expenses in items, and to present the same, under oath, sors. to the board of supervisors of Queens county, at the next annual meeting of the said board thereafter, whose duty it shall be to cause the amount so stated to be levied and collected in the same manner as other contingent charges and allowances of towns are by law directed to be levied, collected and paid. § 4. The said commissioners and their successors, shall have charge of the said road when opened and constructed, and shall keep the same in proper repair; and all the costs, charges and expenses of such repairs shall be ascertained and determined, assessed, levied, collected and paid in the manner provided in section three of this act. on town of supervi Duty of board, to levy tax. Commiskeep road Expenses sioners to in repair. how levied and col lected. sioners to tain streets 5. The said commissioners are hereby authorized Commisand required to close West avenue, from West First close cerstreet to West Second street; and West First street from West avenue to the East river, and East First street from East avenue to Jack's creek, in Long Island city, in Queens county. sation of 6. The said commissioners shall each be allowed Compentwo dollars per day, while actually employed in the commisperformance of their duties under this act; and until sioners. the said road is opened and constructed, and said allowance shall be included in the charges and expenses specified in the third section of this act. § 7. The said commissioners shall cause all of said work to be performed by contract, and call for esti Work to contract. be done by To be let to lowest bidder. Road to be completed by July 1, 1869. Corporat ors. struct and operate railroad, with wood rails. Route of railroad. ; mates, and shall award contracts to the lowest bidder Chap. 532. AN ACT to authorize the formation of a railroad company and the construction of a railroad for public use, from the Utica and Black River Railroad, by way of Forestport and Port Woodhull to Bellinger Town and branches. Passed May 2, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. Harry Weed, Evan J. Evans, Griffith J. Griffiths, D. W. Marvin, Albert C. Grant and Edwin M. Grant, and such other persons as may hereafter be assoMay con- ciated with them, and their successors and assigns, are hereby authorized to lay out, construct and operate and use a railroad for public use, with wood or iron rails, en or iron and to carry passengers and freight thereon, for compensation, through, upon and along the following routes, to wit: Commencing on the Utica and Black River railroad, at or near the Alder creek station, in Oneida county, and thence by way of or near the vil lages of Forestport and Port Woodhull, and by the most eligible route to Bellinger Town, on the Black river. And also a branch leaving said road at or near the village of Port Woodhull, and extending to the west line of Herkimer county, by way of the valley of the Little Woodhull creek and Albert C. Grant's mill. Corporate Said railroad and branches shall be known by the name railroad. of "The Black River and Woodhull Railroad." Branch railroad. name of Motive power to § 2. The cars to be used on said road and branches be animal may be drawn, and operated by horses or mules or by power. steam power; provided, however, that no iron rails shall or steam be laid of less weight than twenty-eight pounds per lineal yard, and no steam power engines shall be run on Rate of wooden rails at a rate of speed over eight miles per sem hour. Weight of iron rails. speed of engines. Consent of village or town officers requi site te before -building through §3. Said road shall not be constructed through or across any street of any village or highway of any town, without the written consent of the proper municipal authorities of said village, or the commissioners of high ways of the town in which said street or highway fnity railroad be. And it shall be the duty of said municipal officers, any trees, and of said commissioners of highways, to require said not fo railroad to be built in such manner as will cause as little obstruct obstruction as may be to the passage of vehicles or car- streets. riages over the same. Railroad vehicles on tion may general act. §4. It shall be lawful for the persons named in the Corporafirst section of this act, and their associates and assigns, organize to organize and form a corporation, under the act of the under Legislature of the State of New York, entitled "An act railroad to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, and the acts amending the same, by Corporate the name and style of "The Black River and Woodhull title. Railroad company;" and in the event of such organization, the said company so formed shall have and possess Rights, all the rights, powers, privileges and franchises granted powers by said acts, and be subject to all the liabilities and and liaduties imposed by the said acts of the Legislature, ex- corpora cepting in so far as said rights, powers, privileges and franchises, liabilities and duties, are modified, enlarged or restricted by this act. bilities of tion. directors. § 5. There shall be not less than five, nor more than Number of nine directors of said company. The capital stock of Capital said company shall be fixed by the board of directors at stock. such sum as shall be agreed upon by them, but at not less than one thousand dollars per mile of said proposed railroad. § 6. It shall not be necessary to file any map of location of the route of said road, and in case the company to be formed as aforesaid shall be unable to agree with the owners thereof for the land necessary for the making said road, and for depots or stations, and it shall be Map of need not be location, filed. |