Chap. 235. AN ACT to amend the railroad law, and the act amendatory thereof, in relation to change of route, grade or terminus. Became a law April 14, 1897, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section thirteen of chapter five hundred and sixty-five of the laws of eighteen hundred and ninety, entitled "An act in re lation to railroads constituting chapter thirty-nine of the general laws," and known as the railroad law as amended by chapter six hundred and seventy-six of the laws of eighteen hundred and ninetytwo, is hereby amended so as to read as follows: § 13. Change of route, grade or terminus.--Every railroad corporation, except elevated railway corporations, may, by a vote of two-thirds of all its directors, alter or change the route or any part of the route of its road or its termini, or locate such route, or any part thereof, or its termini, in a county adjoining any county named in its certificate of incorporation, if it shall appear to them that the line can be improved thereby, upon making and filing in the clerk's office of the proper county a survey, map and certificate of such alteration or change. If the same is made after the corporation has commenced grading the original route, compensation shall be made to all persons for injury done by such grading to any lands donated to the corporation. But neither terminus can be changed, under this section, to any other county than one adjoining that in which it was previously located; nor can the route or terminus of any railroad be so changed in any town, county or municipal corporation, which has issued bonds and taken any stock or bonds in aid of the construction of such railroad without the written consent of a majority of the taxpayers appearing upon the last assessment roll of such town, county or municipal corporation, unless such terminus, after the change, will remain in the same village or city as theretofore. No alteration of the route of any railroad after its construction shall be made, or new line or route of road laid out or established, as provided in this section, in any city or village, unless approved by a vote of two-thirds of the common council of the city or trustees of the village. Any railroad corporation whose road as located terminates at any railroad previously constructed or located, whereby communication might be had with any incorporated city of the state, may amend its certificate of incorporation so as to terminate its road at the point of its intersection with any railroad subsequently located to intersect it, and thereby, by itself or its connection, afford communication with such city, with the consent of the stockholders owning two-thirds of the stock of the corporation. Any railroad corporation may, by a vote of its directors, change the grade of any part of its road, except that in the city of Buffalo such change must conform to the general plan heretofore adopted and filed by the grade crossing commissioners of said city, or any modification thereof, within the territory covered by said general plan, in such manner as it may deem necessary to avoid accidents and facilitate the use of such road; and it may by such vote alter the grade of its road, for such distance and in such manner as it may deem necessary, on each or either side of the place where the grade of its road has been changed by direction of the superintendent of public works, at any point where its road crosses any canal or canal feeder, except that in the city of Buffalo such change must conform to the general plan heretofore adopted and filed by the grade crossing commissioners of said city, or any modification thereof, within the territory covered by said general plan. The superintendent of public works shall have a general and supervisory power over that part of any railroad which passes over, or approaches within ten rods of any canal or canal feeder belonging to the state so far as may be necessary to preserve the free and perfect use of such canals or feeders, or to make any repairs, improvements or alterations, in the same. Any railroad corporation whose tracks cross any of the canals of the state, and the grade of which may be raised by direction of the superintendent of public works, with the assent of such superintendent, may lay out a new line of road to cross such canal at a more favorable grade, and may extend such new line and connect the same with any other line of road owned by such corporation upon making and filing in the clerk's office of the proper county a survey map and certificate of such new or altered line. No portion of the track of any railroad, as described in its certificate of incorporation, shall be abandoned under this section. § 2. This act shall take effect immediately. Chap. 238. AN ACT to amend chapter seven hundred and twenty-three of the laws of eighteen hundred and ninety-five, entitled "An act in relation to religious corporations, constituting chapter forty-two of the general laws," as amended by chapter three hundred and thirty-seven of the laws of eighteen hundred and ninety-six, relative to the Baptist missionary convention. Became a law April 14, 1897, with the approval of the Governor. Passed, three-fifths being present. · The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section fifteen of chapter seven hundred and twentythree of the laws of eighteen hundred and ninety-five, known as the "religious corporations law" as amended by chapter three hundred and thirty-seven of the laws of eighteen hundred and ninety-six, is hereby amended so as to read as follows: § 15. Property of extinct churches.-Such incorporated governing body may decide that a church, parish or society in connection with it or over which it has ecclesiastical jurisdiction, has become extinct, if it has failed for two consecutive years next prior thereto, to maintain religious services according to the discipline, customs and usages of such governing body, or has had less than thirteen resident attending members paying annual pew rent, or making annual contribution toward its support, and may take possession of the temporalities and property belonging to such church, parish or religious society, and manage; or may, in pursuance of the provisions of law relating to the disposition of real property by religious corporations, sell or dispose of the same and apply the proceeds thereof to any of the purposes to which the property of such governing religious body is devoted, and it shall not divert such property to any other object. The New York Eastern Christian Benevolent and Missionary Society shall be deemed the governing religious body of any extinct or disbanded church of the Christian denomination situated within the bounds of the New York Eastern Christian conference; and the New York Christian Association, of any other church of the Christian denomination, and any other incorporated conference shall be deemed the governing religious body of any church situated within its bounds. By Christian denomination is meant only the denomination especially termed "Christian," in which the Bible is declared to be the only rule of faith, Christian their only name, and Christian character § 2. This act shall take effect immediately. Appropriation for ments. Chap. 241. AN ACT making an appropriation for the Thomas asylum for orphan Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and Section 1. So much of the following sums as may be necessary, is improve hereby appropriated for the uses and purposes of the Thomas asylum for orphan and destitute Indian children, from any moneys in the treasury not otherwise appropriated: For a new main building, twenty-five thousand dollars. For moving present main building and converting the same into a boys' building and dormitory, one thousand five hundred dollars. For improved electric light equipment, engine, dynamo, boiler, lights and wiring, one thou sand eight hundred dollars. For addition to laundry and altering the present room suitably for an engineroom, one thousand dollars. For mangler and other laundry machinery, five hundred dollars. For furnishing the family kitchen and children's kitchen, six hundred dollars. For sewer extensions and repairs, one thous and dollars. For changing the location of the present building, used for small boys, seven hundred dollars. For improvements needed in water supply, eight hundred dollars. For new cow barn, one thousand dollars. For milkhouse, two hundred dollars. For new icehouse, two hundred dollars Plans and specifications. § 2. Such buildings and improvements shall be erected and constructed in accordance with plans and specifications prepared by the capitol commissioner under the provisions of chapter seven hundred and eighty-four of the laws of eighteen hundred and Payment of ninety-five. The treasurer of the state shall, on the warrant of the appropriacomptroller, pay to the treasurer of such asylum the sums so appropriated as required for the erection of such buildings and the making of such improvements. Before such warrant is issued an itemized statement shall be made to the comptroller showing tion. 1 the purposes for which the money is required. Such statement shall be signed by a majority of the board of managers and verified by the superintendent. § 3. This act shall take effect immediately. Chap. 244. AN ACT to extend the time of the New York Connecting Railroad Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and completion tended. Section 1. The time of the New York Connecting Railroad Com- Time for pany for beginning the construction of its road, and expending of road exthereon ten per centum of the amount of its capital, is hereby extended to the first day of May in the year eighteen hundred and ninety-nine, and the time for said company to finish its road and put it in operation, is hereby extended five years from said date. § 2. This act shall take effect immediately. Chap. 247. AN ACT to permit examination of dental students matriculated prior Became a law April 15, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and tion of cer students Section 1. Any student who had matriculated in a registered Examina dental school prior to January first, eighteen hundred and ninety- tain dental six, in compliance with the requirements as to preliminary edu- permitted. cation announced in the catalogue, prospectus or announcement of such dental school for that year shall on completing his full course of professional study, passing satisfactory examinations thereon, Vol. I 15 |