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Power conferred on board of supervis

ors.

Vote to be taken at

ings.

Form of ballots.

shall pay over to the treasurer of said county all moneys appropriated by said board of supervisors, for the erection of said monument, remaining in his hands after the expiration of three years from the ratification of this

act.

5. The board of supervisors of said county are hereby authorized to appropriate the sum of ten thousand dollars for the erection of said monument, at the county seat of said county, in manner and on condition hereafter recited.

§ 6. At the general election of town officers to be town meet. held in said Orleans county, in this State, on the first Tuesday of April, eighteen hundred and sixty-eight, there shall be provided for the poll of each election district in said county, and kept thereat by the inspectors of election of such district, a box marked "monument." Every person in such district qualified to vote at such election for officers of said county, may vote at such poll a ballot, either written or printed, or partly writ ten or partly printed, on which shall be inscribed the words "For a monument," or the words "Against a monument." Such ballot shall be indorsed Monument." All the provisions of the act entitled "An act Manner of respecting elections other than for military and town conducting officers," passed April fifth, eighteen hundred and fortytwo, and all laws amendatory thereof, and all the provisions of the act entitled "An act for ascertaining by proper proof the citizens who shall be entitled to the right of suffrage, and to prevent fraudulent voting," passed April fifteenth, eighteen hundred and fifty-nine, and all the provisions of the act entitled "An act to ascertain by proper proof the citizens who shall be entitled to the right of suffrage," passed May thirteenth, eighteen hundred and sixty-five, so far as the same are applicable or shall apply to the proceedings under this act.

election.

Inspectors

of election

result.

§ 7. After the final closing of the polls of such electo canvass tion, the inspectors thereof shall immediately, and withand certify out adjournment, proceed to count and canvass the ballots given in relation to the proposed act, in the same manner as they are by law required to canvass the ballots given for county officers, and thereupon shall set

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down in writing, and in words at full length, the whole number of votes given "For a monument," and the whole number of votes given "Against a monument," and certify and subscribe the same, and cause copies thereof to be made, certified and delivered as prescribed by law in relation to elections for officers of said county; and all the provisions of the law in relation to elections other than for military and town officers shall apply to the submission to the people herein provided for.

Return of made to

votes to be

county

§8. The board of inspectors of each election district shall canvass the votes cast at said election, and shall work a separate statement of the whole number of votes clerk. labelled "monument," given for a monument, and the whole number of votes labelled "monument," given against a monument, shall certify and return the same to the town clerk's office of the town in which such election district is situated, to be by him filed, and certify and return a duplicate copy thereof to the county clerk of Orleans county, who shall certify the result and pub- Duty of lish a statement of the vote in each newspaper published clerk. in Orleans county, and if a majority of the votes cast shall be "For a monument," it shall be the duty of the Duty of board of supervisors, at their first meeting, to appropri- supervis ate the sum of ten thousand dollars for the erection of seid monument, and are hereby authorized and required to provide moneys for such appropriation, by levying a tax on the taxable property of said county, or borrow said amount on the credit of said county.

county

board of

ors.

to receive no compen

9. No compensation shall be allowed or paid to any Officers of member or officer of said association for services ren- corporation dered in the construction of said monument, out of any com moneys appropriated by said county for the erecting of said monument.

§ 10. This act shall take effect immediately.

In what

cases consents in writing of

to be valid.

Chap. 61.

AN ACT to facilitate the construction of the New
York and Oswego Midland Railroad, and to
amend the several acts in relation thereto.
Passed March 26, 1868; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:

SECTION 1. In every case where consents in writing shall have been obtained of the majority of the taxpaytax-payers ers appearing upon the assessment roll of any town or city for either of the years eighteen hundred and sixtyfive or eighteen hundred and sixty-six, to the borrowing of money on the faith and credit of such town or city, and to the issuing of bonds therefor to aid in the construction of the New York and Oswego Midland Railroad, in pursuance of the several acts of the Legislature heretofore passed, and where such taxpayers so appearing upon such assessment roll, and who have signed or executed such consent, shall own or represent as agent, president or otherwise, including owners of non-resident lands, more than one-half of the taxable property of such town or city so assessed and appearing upon such assessment roll, such consents, if obtained for either of the years eighteen hundred and sixty-five or eighteen hundred and sixtysix, shall be valid and effectual for all purposes for which they are authorized to be given, and shall not be invalidated, avoided or in any manner affected by reason of the fact that the consents so obtained from the taxpayers of any town or city are in part based upon the assessment roll of eighteen hundred and sixty-five and in part upon the assessment roll of eighteen hundred and sixtysix, or for any other error, irregularity, omission or defect, provided a majority of the taxpayers of any such town or city owning or representing as agent, president or otherwise, a majority of the taxable property of such town or city, assessed to them and appearing on the assessment roll of such town or city for either of the years eighteen hundred and sixty-five or eighteen hundred and sixty-six, shall have actually signed or executed such consent.

formalities not to inva

§2. No consent of taxpayers of any town or city given Certain inor obtained under or by virtue of the several acts passed to facilitate the construction of the New York and Os- lidate ac wego Midland railroad, whether in writing or by ballot, payers. nor the bonds issued or to be issued upon the faith of said consent, shall be invalidated or held void, or in any manner affected by reason of any formal, clerical or other defect, irregularity or omission in the proofs or acknowledgments of such consents, or in the making or entry in the minutes, of any determination, or in the affidavits required to be made by any assessor, town or county clerk or other person or body, or in any filing or recording in any town or county clerk's office; provided that a majority of the taxpayers of any such town or city, owning or representing as agent, president or otherwise, a majority of the taxable property of said town or city, assessed to them and appearing upon the assessment roll of such town or city, for either of the years eighteen hundred and sixty-five or eighteen hundred and sixtysix, shall have actually executed or signed such consent, or in the city of Oswego, when two-thirds of the voters Action of voting at the election called for that purpose, shall have city of actually voted for the railroad stock in the manner required by law.

voters of

Oswego.

of time for

consents.

§3. The New York and Oswego Midland Railroad Extension Company shall have three years in addition to the time obtaining they already have for complying with the provisions of section two of the act entitled "An act to facilitate the construction of the New York and Oswego Midland Railroad, and to authorize towns to subscribe to the capital stock thereof," and to obtain the consents in writing of the taxpayers, for which authority is therein given.

railroad

in Chenan

4. The board of directors of the New York and Branch Oswego Midland Railroad Company are hereby author- may be ized to construct a branch railroad from the line of the constructed said road, at any point in the town of Guilford, county go and of Chenango, to the village of New Berlin, in said county, counties. or to the villages of Bridgewater or Cassville, in the county of Oneida, whenever in the judgment of the directors of the same it shall be for the interest of said corporation; and they may in like manner construct a Branch in branch railroad from the village of Monticello, in Sulli- county.

Sullivan

Towns may sub

scribe for

stock.

Weight of rail on

van county, to any point of their said road in said county; and the towns and cities along the line of, or interested in said branch roads, shall have the same powers and authority to issue their bonds and subscribe for the stock to aid in the construction thereof, as they now have to aid in the construction of the New York and Oswego Midland Railroad, provided that the work be commenced within five years.

§ 5. The New York and Oswego Midland Railroad branches. Company, may lay down and use in the construction of any branch railroad which its directors are authorized to build, iron or steel rails, not less in weight than forty-five Length of pounds to the lineal yard; but such branch railroad branches. shall not exceed twenty miles in length.

for receiv

Conditions 6. All subscriptions hereafter made to the stock of ing future the New York and Oswego Midland Railroad Company,

subscriptions.

Number of directors.

Calls for

money or

to be made.

shall be valid and binding upon the subscribers, and paid from time to time upon the call of the directors of the company, as the same, in their judgment, shall be required for the purposes of the company, and it shall not be required of such subscribers to pay the ten per cent at the time of subscribing to such stock.

§ 7. The board of directors of said New York and Oswego Midland Railroad Company, shall hereafter consist of thirteen directors, and the same shall be chosen by the stockholders, at the time and in the manner now required by law for choosing directors.

§ 8. All calls for money or bonds payable by the combonds; how missioners of cities and towns, or individual subscribers to the capital stock of the New York and Oswego Midland Railroad Company, shall be made by the board of directors of said company equally and in ratable amounts, upon said cities and towns and individual subscribers, and in installments, as the same, in the opinion of said board of directors, shall be required from time to time, in the prosecution of the work in constructing said road, and as the work shall progress, but no bonds shall be issued to the directors of said company by the commissioners appointed under the provisions of chapter three hundred and ninety-eight of the laws of eighteen hundred and sixty-six, and chapter nine hundred and seventeen of the laws of eighteen hundred and sixty-seven,

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