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Court to

appoint

stock, and ten per cent thereof paid in, may apply to the court for the appointment of commissioners, and the court shall thereupon appoint commissioners, and all subsequent proceedings may be had to obtain the title to lands neces- commissary for its construction, to the same extent and in the same manner as if the whole amount of the capital stock specified in its articles of association was in like manner subscribed.

sioners.

for crossing

§4. In case any railroad shall occupy or cross any turn- Damages pike or plank road, the railroad company shall pay such turnpike or plankroad. turnpike or plank road company all damages the turnpike or plank road company may sustain by reason of the occupancy or crossing such turnpike or plank road, the damages to be ascertained and paid in the same manner as is provided by law for the assessment and payment of damages in case of taking private property for the use of railroad companies.

§ 5. This act shall take effect immediately.

Chap. 20.

AN ACT to authorise the Albany and Schenectady Railroad Company to borrow money to pay outstanding bonds, and to complete its double track.

Passed February 14, 1851.

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

row $300,

Money

§ 1. The Albany and Schenectady Railroad Company May bor are hereby authorised to borrow a sum of money not ex-000. ceeding the sum of three hundred thousand dollars, at such time or times, and in such amounts as the said directors of said company shall deem most advantageous for its interest, two hundred and fifty thousand dollars, to be applied in payment of the outstanding bonds of the company, and fifty thousand dollars for completing their double track with heavy rail, and to pledge or mortgage the property and estate belonging to said company, or any part thereof, for the repayment of the sum or sums so borrowed with interest. And the directors may confer on the holders of Bonds may any bonds or evidences of indebtedness they may issue for verted into the money so borrowed, the right to convert the principal so due thereon, into stock of said company at any time not exceeding five years from the date of said bond or

be con

stock.

Dividends.

Common

lands when

obligation, under such regulations and upon such terms as the directors may see fit to adopt.

§ 2. The directors of said company shall be authorised to make dividends on the stock thereof, out of the nett profits of the company, after deducting a sum sufficient to pay the interest due from time to time on any amount of money borrowed in pursuance of the authority hereby granted.

§ 3. This act shall take effect immediately.

Chap. 21.

AN ACT in relation to the liberties of jails.

Passed February 18, 1851.

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

§ 1. The county courts of this state shall possess the same powers and jurisdiction in their respective counties in relation to the liberties of jails, as were vested in courts of common pleas, by article third, title six, chapter seven, part three of the Revised Statutes.

§ 2. This act shall take effect immediately.

Chap. 22.

AN ACT authorizing the supervisor and town clerk of the town of Jamaica, Queens county, to sell and convey certain common lands belonging to said town.

Passed February 26, 1851.

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

§ 1. The supervisor and town clerk of the town of Jato be sold. maica, in Queens county, are hereby authorised and empowered to sell and convey by good and sufficient deed or deeds in the law, to the purchaser or purchasers thereof, the following mentioned common lands, (or any piece or parcel thereof,) belonging to said town, and known as "Little Plains," "Rock Hollow Pond," "Beaver Pond," and also a small piece of land containing about three acres,

situate in said town near the land of Joseph Powell, whenever a majority of the legal voters of said town at the annual town meeting held therein shall determine by ballot, that a sale of said common lands, or any piece or parcel thereof, is expedient and necessary.

§2. Whenever the legal voters of said town, assembled How sold. as aforesaid, determine that a sale of the above mentioned lands, or any piece or parcel thereof, is expedient and necessary, the same shall be sold at public auction, by or under the direction of the supervisor and town clerk of said town, and in such pieces and parcels as to them shall seem most advantageous to the interests of said town; notice of the time and place of such sale shall be given by publish- Notice. ing the same in the newspapers published in said town, once in each week for four weeks next prior to the day of sale therein mentioned, and by posting notices in at least five conspicuous places in said town, ten days before the time of sale.

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§3. The moneys arising from such sale made as afore- Proceeds said, shall remain in the hands or under the control of the posed of supervisor and town clerk of said town, until the next annual town meeting after such sale, when the same shall be disposed of as the voters thereat shall direct.

§ 4. This act shall take effect immediately.

Chap. 23.

AN ACT authorising the election of three trustees and a district clerk in school district number sixteen, located in the village of Delhi.

Passed Feb. 26, 1851, "three-fifths being present."

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

tees to be

1. At the first annual meeting of the trustees and in- Three trushabitants of the village of Delhi after the passage of this elected. act, it shall be the duty of the legal voters thereat to elect three persons legally qualified and inhabitants of said village, who shall be styled "trustees of the school district of said village," and also one person as district clerk of said district, and they respectively shall have all the powers over the said district, and shall discharge all the duties which by law are given to and enjoined upon trustees and district clerks of school districts.

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elasses.

§ 2. The trustees so chosen shall be divided by lot into into three three classes, to be numbered one, two and three, the term of office of the first class shall be one year, of the second, two, and of the third, three years, and one trustee only shall thereafter annually be elected, who shall hold his of fice for three years and until a successor shall be duly elected or appointed. In case of a vacancy in the office how filled. of trustees during the period for which he or they shall have been respectively elected, the person or persons chosen or appointed to fill such vacancy, shall hold the office only for the unexpired term.

Vacancies

Clerk's term of office.

Repeal.

Voters

fications.

§3. The district clerk shall hold his office for one year, or until a successor shall be duly elected.

§ 4. So much of chapter one hundred and twelve, section ten, of an act entitled "An act to incorporate the trustees and inhabitants of Delhi and to invest them with certain powers," passed March sixteenth, eighteen hundred and twenty-one, as is inconsistent with the foregoing sections of this act, is hereby repealed.

§ 5. This act shall take effect immediately.

Chap. 24.

AN ACT in relation to elections held by the Troy Cemetery Association, and conferring further powers on the trustees thereof.

Passed March 1, 1851.

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

§ 1. In all elections for trustees, every person of full their quali- age who shall be proprietor of a lot or plot in the cemetery of the Troy Cemetery Association, containing not less than two hundred and fifty-six square feet of land, or if there be more than one proprietor of any such lot or plot, then such one of the proprietors as the majority of joint proprietors shall designate to represent such lot or plot, may either in person or by proxy, give one vote for each lot or plot of the dimensions aforesaid.

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§2. It shall be lawful for the proprietors of lots or plots when to be in the cemetery of said association at the election to be held on the first Monday in September next to elect the whole number of trustees (being six) fixed on to manage the concerns of the association, and the persons who shall

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be chosen trustees at such election, shall immediately af-
ter such election, divide themselves, by lot into three And class.
classes, those of the first class to hold their office for one
year, those in the second class two years, and those in the
third class three years.

trustees

fice ex

3. The trustees named in the certificate of the forma- Present tion of the said association, and who have continued to this term of oftime to act as such trustees, are hereby continued in such tended. office until the said first Monday of September next, and their acts as such trustees, as well heretofore as hereafter, shall be as valid as the same would have been, had the said trustees been re-elected according to the provisions of the act entitled, "An act authorizing the incorporation of rural cemetery associations," passed April twenty-seven, one thousand eight hundred and forty-seven.

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§4. The trustees may permit burials to be made in Burials such parts of the cemetery not sold or conveyed as they lated." may set apart for that purpose, and for such compensation and subject to such regulations as they may prescribe. § 5. This act shall take effect immediately.

Chap. 25.

AN ACT for the relief of the Shinecock tribe of Indians.
Passed March 1, 1851, "three-fifths being present."

The People of the State of New-York, represented in Se-
nate and Assembly, do enaet as follows:

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ted.

§ 1. The treasurer shall pay, on the warrant of the appropria comptroller, out of any moneys in the treasury belonging to the income of the common school fund, not otherwise appropriated, the sum of two hundred dollars, to be received and expended by the town superintendent of common schools of the town of Southampton, Suffolk county, in the payment of the wages of a school teacher to be by him employed in instructing the children between the ages of five and sixteen years, belonging to the Shinecock tribe of Indians residing in said town; the said sum of money to be paid in two equal annual instalments on the first day of April, in the years eighteen hundred and fiftyone and eighteen hundred and fifty-two.

2. This act shall take effect immediately.

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