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Chap. 760.

AN ACT to amend chapter seven hundred and twenty-seven of the laws of eighteen hundred and sixty-nine, entitled "An act authorizing cities and villages to acquire title to property for burial purposes, and to levy taxes for the payment of the same," passed May eighth, eighteen hundred and sixty-nine.

PASSED May 9th, 1870.

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

title to

lands, for

cemetery

purposes.

SECTION 1. It shall be lawful for the common council Acquiring of any city, or the trustees of any incorporated village in this State, or the trustees of any incorporated rural cemetery association, in cases when such city or village needs lands for burial purposes, to purchase or acquire the title to such lands, provided such lands are vacant or have no buildings thereon exceeding in value five hundred dollars.

acquire titlc

disagree

§ 2. If the said common council or board of trustees of Proceedsuch village or association shall be unable to agree with ingre the owner or owners of such lands for the purchase there- in case of of, the said common council or board of trustees of such ment. village or association may proceed to acquire the title. thereto in the manner, so far as is applicable, prescribed by chapter one hundred and forty of laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations, and to regulate the same," and the several acts amendatory thereof, and supplementary thereto. The amount paid for such lands, by such common council or board of trustees of a village as aforesaid, and all the expenses attending the same, with the expenses of fencing and improving the same, shall be assessed and collected by a general tax upon all the taxable property of such city or village, in the same manner as other city or village taxes are assessed and collected. In the case of a rural cemetery association, the said Payment by amount shall be raised and paid as other expenses of such cemetery

association.

Payment taken by

for lands,

cities villages.

its or

associations.

Borrowing

of money

§ 3. The common council of said cities and the board authorized. of trustees of said villages and associations, are authorized to borrow the sum of money provided for by the second section of this act, and in anticipation of the tax aforesaid, or so much thereof as may be necessary to purchase the burial lot as aforesaid, and procure a good title in fee to the same.

Sale or abandon

Chap. 761.

AN ACT to authorize the sale or abandonment of the Newburgh and Ellenville Plank Road, in the counties of Orange and Ulster.

PASSED May 9, 1870; three-fifths being present.

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

SECTION 1. The president and directors of the Newburgh and Ellenville Plank Road Company are hereby part of road authorized to sell or abandon the whole or any part or

ment of

authorized.

Control thereof,

upon sale
or abandon-
ment.
Purchase

by city or
town,

parts of their said road, and the part or parts so abandoned or sold, if sold to any city or town, shall forever afterward be under the control of the commissioners of highways of the town in which the same is situated.

2. The mayor and aldermen of any city, or the town board of any town on the line or at the termination of authorized. said road, may become the purchaser of any part thereof, Tax for and the board of supervisors of the county in which the same is located shall cause the amount of the purchasemoney to be paid therefor to be levied and collected by a tax, as other town charges, on the taxable property of the city or town so purchasing a part of said road.

payment

thereof.

3. This act shall take effect immediately.

Chap. 762.

AN ACT to amend the act entitled "An act to amend an act incorporating the Wallkill Valley Railroad Company, by authorizing said corporation to extend its road to Kingston, Ulster county, and to authorize certain towns in Ulster county to issue bonds to aid in the construction of said road."

PASSED May 9, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION. 1. The seventh section of the act entitled An act to amend an act incorporating the Wallkill Valley Railroad Company, by authorizing said corporation to extend its road to Kingston, Ulster county, and to authorize certain towns in Ulster county to issue bonds to aid in the construction of said road," is hereby amended so as to read as follows:

fund, to pay

maturity.

7. The said commissioners shall also provide, within Provision ten years from the date of said bonds, a sinking fund of for sinking * per cent in each year of the principal, or sufficient to bonds at pay the said bonds at maturity, to be reported to the board Supervisors of supervisors, and levied, collected and paid over in the tolley and manner aforesaid; the said fund to be used in purchasing money the bonds of the said town to which it belongs, or, if they May purcannot be obtained, the fund shall be invested in the bonds or bonds of this State, or of any town thereof, to become due invest in time to pay the bonds for which the fund was created. Nothing in this act contained shall interfere with or pre- Proviso. judice the rights of any person or parties now holding any bonds herein before referred to.

§ 2. This act shall take effect immediately.

*So in the original.

chase town

moneys.

Certain officers

and direct residents of

ors. to be

State.

Election of

officers.

Terms of office.

Election for directors.

Directors

Chap. 763.

AN ACT in relation to the Rio de Janeiro Street Railway Company, a joint-stock corporation formed under the laws of the State of New York for the construction of street railways in the city of Rio de Janeiro, Brazil.

PASSED May 9, 1870. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The president, treasurer, and three of the five directors of the Rio de Janeiro Street Railroad Company shall be and shall have been for three months last past actual residents and citizens of this State; the president, treasurer and secretary shall be elected by ballot at the first meeting of the directors, held not more than fourteen days after the election of the directors, who shall each hold their offices for three years and until others are elected.

$2. An election for five directors of said association shall be held by the stockholders in the city of New York, within sixty days after the passage of this act, and the transfer books shall be closed twenty days prior to said and officers, election; each director and officer of said association shall be a stockholder to the amount of not less than twenty shares each; the association shall keep an office in New New York York, where the meetings of the directors shall be held and where the names of the stockholders and their residences shall be kept, and where a transfer book shall also be kept for the transfer of stock.

to be stockholders. Business office in

city.

Record of stockholders and transfer book.

By-laws.

Appointment of

agent, at Rio de Janeiro.

Monthly reports.

Salaries.

§ 3. The directors shall have power to adopt by-laws for the government of the board not inconsistent with this act, and they may appoint an agent and assistant treasurer to reside in Rio de Janeiro, to do such acts as may be conferred on them, not inconsistent with the duties of the officers of the association, by the board of directors, but they shall at all times be subject to their superiors in office and to the board of directors, and shall report monthly to said board in New York; no salary exceeding two thousand dollars per annum shall be paid to any officer of the company, unless by a vote of the majority of all the stock

holders of the company at a meeting for the election of directors.

office of

§ 4. The directors may by resolution provide for the Term of retirement of one director from the board every year, and directors. for the election of another in his place, but, if they neglect to do so, there shall be an election for directors once in three years to be held by the stockholders in New York city.

85. All acts or by-laws of said association in conflict with this act are hereby annulled and made void; the directors may fill any offices made vacant by death, resignation or removal from the State.

6. This act shall take effect immediately.

Chap. 764.

AN ACT to provide for the construction of proper roadways and approaches to the bridge over Bushwick creek in the city of Brooklyn.

PASSED May 9, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

bridge, over

creek.

SECTION 1. The common council of the city of Brooklyn construcshall forthwith proceed to construct, in the fourteenth and tion of seventeenth wards of said city, the necessary approaches Bushwick and roadways to the bridge now constructed or about to be constructed over Bushwick creek, and to properly Grading grade and pave the same, in such manner as to promote approaches. the convenience of the public travel.

§2. It shall be the duty of the mayor and comptroller city tax for of the city of Brooklyn to include in the annual estimate payment of bridge, etc. of the sums necessary to be raised for the expenses of the city government, by them submitted to the joint board of aldermen and supervisors, for the year eighteen hundred and seventy, an amount sufficient to defray the expense of constructing said approaches and roadways, which amount shall be incorporated by said joint board of alder- How levied men and supervisors in the tax levy of said year, and the and colexpense of maintaining said approaches and roadways shall thereafter be provided for in like manner, by annual tax upon the city at large.

§ 3. This act shall take effect immediately.

lected.

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