Construc

tion of

privies.

Chief engineer

to report

to fire com

violations.

City attorbring suits

ney to

for penal. ties.

top of said walls with a roof, is erected or constructed or now exists, the said exterior walls of which, are wholly of brick, stone, iron or other non-combustible substance; wood may be used in the construction, alteration, rebuilding or repairing of its exterior doors, windows, stoops, balconies, cornices and piazzas, and in the construction, alteration, rebuilding and repairing of its interior and of the roof, provided the roof be completely covered with some metalic or slate fire proof substance. And it is further provided, anything hereinbefore to the contrary notwithstanding, that privies not exceeding ten feet high and ten feet square, may be built of wood.

§ 2. It shall be the duty of the chief engineer of the and police fire department of said city, and of the police of said violations city, to report to the board of fire commissioners of said missioners. city, any and every violation of the provisions or any of Penalty for them of the foregoing first section of this act, and for every violation thereof, the person offending shall for feit and pay a penalty of fifty dollars, and for each and every day's continuance of such violation, a further penalty of ten dollars per day; and it shall be the duty of the city attorney of said city, under the direction and control of the board of fire commissioners, to sue in every case of violation that shall be reported to him in writing by the board of fire commissioners, to recover the penalty for such violation, and the penalty for every day's continuance thereof; and said actions shall be brought in the name of the mayor, aldermen and commonality of the city of Albany, and in any court or courts of record held within said city, and if the defendant shall prevail in the action, his costs shall be audited and paid to him by the common council of said city; and no execution shall be issued therefor.

Actions; how brought.

Mayor and common council

may bring suits for violations

heretofore

§ 3. Nothing in this act contained shall be deemed to abrogate the right or duty of the mayor, aldermen and commonalty of the city of Albany, to prosecute in the name of the chamberlain of said city, for violations herecommitted. tofore committed, of the laws of this State or of said city, relative to any of the cases provided for by this Actions to act, or by actions in equity in their corporate name, to strain vio- abate or restrain such violations, and the said the mayor,

abate or re

suit in

aldermen and commonalty of said city are hereby em- lations, by powered and enjoined in their corporate name by action equity. in equity, to restrain and abate all violations of the first section of this act; but no prosecutions shall be had for common the said violations of law heretofore committed or for direct violations of this act, by suit in equity, unless previous y direction to prosecute in each particular case, shall be suit in given by the common council of said city.

prosecu

equity

§ 4. All statutes of this State, and ordinances of said Repeal. city of Albany heretofore in force in cases provided for in the first section of this act, and all statutes inconsistent with the provisions of this act, so far as the same relate to the said city of Albany, are hereby repealed; but such repeal shall not affect any right already exist Saving ing or accrued, or any liability incurred by reason of any violation of any law heretofore existing, or any suit or proceeding already instituted under said laws, except that all rights of action given or accrued by said laws shall be prosecuted as provided in the third section of this act.

clause.

§ 5. This act shall take effect on and after July the When act first, eighteen hundred and sixty-eight.

Chap. 677.

AN ACT to consolidate a part of certain school districts in the town of Pomfret, county of Chautauqua, with district number eight of said town.

Passed May 7, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

to take effect.

SECTION 1. All that part of school districts number Consolidaone, two, nine and fourteen, of the town of Pomfret, tion. county of Chautauqua, lying within the boundaries of the village of Fredonia, are hereby consolidated with and made a part of district number eight of said town. §2. The trustees of said district number eight are Primary hereby authorized and empowered to use, for the pur. school." poses of a primary school, the school house and site

now and heretofore occupied and used for school purposes in said district number two.

§ 3. Any public moneys which may hereafter come into the hands of the trustees of the said district number two, which shall not be required for the expenses of maintaining a school in said district number two, before this act goes into effect, shall be paid over to the trustees of district number eight.

§ 4. This act shall take effect on the eighteenth day of October next.

Chap. 678.

AN ACT to authorize the trustees of the Lowville First Presbyterian Church to sell certain real estate.

Passed May 7, 1868.

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

SECTION 1. The trustees of the Lowville First Presbyterian Church of the town of Lowville, Lewis county, are hereby authorized and empowered to sell, assign and transfer all and singular, in such manner, and upon such terms as they may see fit, the real estate bequeathed and devised to said church by James L. Leonard, deceased.

§ 2. This act shall take effect immediately.

Chap. 679.

AN ACT to authorize the construction of a railroad from the village of Olean to the Erie railway depot at Olean.

Passed May 7, 1868.

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

SECTION 1. Claudius V. B. Barse, Lambert Whitney, Reuben O. Smith, George Martin, Abram Merritt, George S. McIntosh, Samuel R. Homer, Frank L. Stowell,

OF

reli

struct a

railroad.

Charles S. Cary, Samuel Oosterhoudt, Homer C. Blakes-
lee and Ansel Adams, and those who may be now or
hereafter associated with them, shall, after being incor- May con-
porated and organized as a railroad company, as here- railroad.
inafter provided, have authority to lay and maintain one
or more railroad tracks, with the necessary branches and
turnouts, from the Erie railway depot, in the town of Route of
Olean, in the county of Cattaraugus, to such point on
Union street, in the village of Olean in said county, as
such company may designate, and upon such route,
either wholly or partly in and along the highway, lead-
ing from Union street, in said village, to said depot, and
in and along Union street, in said village, or in whole
or in part through and across enclosed or other lands,
lying between said village and said depot, as such com-
pany may designate.

of iron

how to be

track may

§ 2. The track of such road shall be of such width as Weight such company shall elect, and shall be laid of iron rails rails. not less in weight than twenty pounds to the lineal yard, and such part thereof as shall be laid in said street Railroad: or highway shall be so constructed as shall least obstruct constructhe passage of vehicles and carriages over the same, and ted. shall conform to the grades of said street and highway as they now are, or as they may hereafter be altered or established, and shall be laid upon such part of said Railroad street as a majority of the board of trustees of said vil he laid lage shall prescribe, and upon such part of the road bed et of said highway as a majority of the commissioners of consent. highways of said town shall prescribe; and in case a Designamajority of said board, or of said commissioners, shall to by not designate such route along said street, or said high- in event way, within ten days after a request in writing in that behalf, and by and in the name of such company, shall have been delivered to one of said trustees, or one of said commissioners (as the case may be), then such company may make such designation.

streets, by

tion

company,

of cars.

3. The cars upon such railroad shall be run be- Running tween the termini of such road as often as the public interest may require.

passenger

§4. No greater sum than fifteen cents shall be charged Rates of to passengers for riding any distance over such railroad, fare. nor more than ten cents each for riding half or less than

Baggage. half its length, and no extra charge shall be made for
the necessary baggage of each passenger, when less than
fifty pounds in weight, but for each additional fifty
pounds of baggage, or fractional part thereof, an addi-
tional sum of ten cents may be charged and collected.
Road; § 5. Such road shall be completed within three years
completed. after the passage of this act, and the powers and fran-
chises hereby conferred are limited to the period of fifty
years.

when to be

Franchise;

how long
to extend.

Corpora

tors may
organize
under
general
railroad
act.

Railroad
act; how

cable.

§ 6. It shall be lawful for the persons named in the first section of this act, and their associates, to organize under the act of the Legislature entitled "An act to authorize the formation of railroad companies, and to regulate the same," passed April second, one thousand eight hundred and fifty; and, in the event of such orfar appli ganization, all the provisions of said act, except as to the number of persons mentioned in the first section thereof, and except as to the number of directors (which may be five instead of thirteen), and except, also, sections twenty-seven, twenty-nine, thirty, thirty-one, thirtytwo, thirty-three, thirty-seven, thirty-eight, thirty-nine, forty, forty-one and forty-four; and except, also, so far as such provisions of said act are modified by this act, shall apply to the persons named in the first section of this act and their associates, and to the company to be organized as herein provided.

7. This act shall take effect immediately.

Chap. 680.

AN ACT to increase the capital stock and amend
the articles of association of the Kingston
Building Company.

Passed May 7, 1868.

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

SECTION 1. The Kingston Building Company is hereby
authorized to increase its capital stock to forty thousand
dollars, upon the consent in writing of the owners of
two-thirds of the entire capital stock to such increase;

31