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bond or bonds, or paid under the provisions of this act, shall be immediately canceled, and a certificate executed officially by the officer or officers issuing such new bond or bonds shall be forthwith made and filed by him or them in the county clerk's office of the proper county, which shall state the amount of the existing bond or bonds so canceled, and of the new bond or bonds so issued. This act shall not be so construed as to authorize the issue of new bonds to supersede or pay existing bonds which have been adjudged invalid by the final judgment of a competent court. The new bond or bonds issued under the provisions of this act shall be made payable at any period deemed advisable by the officer or officers issuing the same, not less than two years nor more than thirty years from their date, and shall bear date and draw interest from the date of the payment of the existing bond or bonds, or the receipt of money to pay the existing bond or bonds, and shall be issued in no case at less than their par value. (See, however, section 1, chap. 522, Laws of 1881, as amended by chap. 453, Laws of 1883, page 545 hereof.)
CHAP. 278, LAWS OF 1886. AN ACT to authorize railroad commissioners to issue town
bonds in place of bonds lost or destroyed. New bonds may be issued in lieu of those lost or destroyed; bond of
indemnity requisite. Section 1. The railroad commissioners of any of the towns in this state, which have heretofore issued its bonds in aid of the construction of any railroad, which bonds, or any of which, shall have been lost or destroyed before the same shall have become due, are hereby authorized to issue new bonds of such town in the place and stead thereof, under their hand and seal, for the amount, at the same rate of interest, and to become due at the same time as such lost or destroyed bond or bonds, and deliver the same to the owner of such lost or destroyed bond or bonds, upon such owner furnishing to such commissioners satisfactory proof, by affidavit, of such ownership, and of the loss or destruction of such bond or bonds, and filing with said commissioners a sufficient bond of indemnity, with at least two sureties, to be approved by said commissioner, and by the supervisor of the town, and by the county judge of the county in double the amount of such bonds so to be issued.
Contents of new bond.
§ 2. The new bond or bonds so issued shallstate upon the face thereof the denomination and number of the bonds in the place and stead of 1 which they are issued, which said bonds shall be signed by the said railroad commissioners, and the coupons attached thereto, for interest, shall be signed by one of said commissioners, and said bonds countersigned by the town clerk of the town, and registered in the town clerk's office of such town in the record thereof.
Duty of railroad commissioners in the premises.
§ 3. It shall be the duty of the railroad commissioners to cause any such bond of indemnity, taken by them as provided in section one of this act, with their approval indorsed thereon, to be filed with the clerk of the county in which such town is situated, and the proofs of ownership, loss or destruction, to be filed in the office of the clerk of such town.
CHAP, 349, LAWS OF 1877. AN ACT to provide for the payment of bonds issued by
municipal corporations under the provisions of chapter nine hundred and seven, laws of eighteen hundred and sixty-nine, entitled “An act to amend an act entitled 'An act to authorize the formation of railroad corporations and to regulate the same, passed April two, eighteen hundred and fifty, so as to permit municipal corporations to aid in the construction of railroads,"
and the acts amendatory thereof. Commissioners to report annually bonded indebtedness.
SECTION 1. It shall be the duty of the commissioners appointed under the provisions of chapter nine hundred and seven, laws of eighteen hundred and sixty-nine, entitled "An act to amend an act entitled 'An act to authorize the formation of railroad companies, and to regulate the same,' passed April two, eighteen hundred and fifty, so as to permit municipal corporations to aid in the construction of railroads," and the acts amendatory thereof, to report annually the total amount of bonds issued under said chapter nine hundred and seven, laws of eighteen hundred and sixty-nine, and the acts amendatory thereof, by the town, city or village represented by such commissioners; the date and when the principal of said bonds will become due, the rate and times of payment of interest thereon, the amount of such principal or interest paid, the amount of said principal or interest due and unpaid and to become due before the annual tax levy and collection of tax for the year next succeeding, and the amount in their hands applicable to the payment of the principal of said bonds or the interest thereon.
Form and execution of report; to bo delivered to supervisors.
§ 2. Such report shall be in writing, signed by the said commissioners, or a majority of them, and there shall be affixed to said report an affidavit of at least one of the commissioners that such report is in all respects true and correct. The commissioners shall deliver said report to the board of supervisors of the county within three days after the commencement of the annual meeting of said board of supervisors.
Provisions for payment; moneys, to whom to be paid ; bond of commis
sioners, renewal of, $ 3. It shall be the duty of the board of supervisors, at the annual meeting when such report is received, to cause to be levied and raised by tax, on the taxable property of said town, city or village, the amount necessary to pay the principal and interest due and to become due at any time prior to the annual tax levy and collection of tax for the year then next succeeding, as shown by said report, after deducting moneys on hand for the purpose. The amount so levied and raised by tax, when so collected, shall be paid over to the said commissioners, to be by them applied to the purpose for which it was so collected. And all money now in the hands of the supervisor of any town, or officer of any city or village, applicable to the payment of the principal of said bonds, or interest thereon, shall be, on demand, paid to such commissioners, and any money hereafter raised under the provisions of the act hereby amended, which by law is to be applied to the payment of said bonds, or interest thereon, shall, in like manner, be paid to said commissioners. But before any money shall be so paid to such commissioners, they shall severally execute to the town, city or village, and deliver to the town clerks, or the clerks of cities or villages, a bond with two or more sureties in double the amount of the money to be so received by them, as near as can be ascertained, conditioned for the proper and due disbursement of such money, and the proper accounting therefor, which bond shall be first approved by the supervisor, or the county judge, and by the mayor or president of cities or villages, and said bond shall be renewed annually.
Application of moneys received by commissioners ; cancellation of
bonds; commissioners to report to town auditors, etc., annually; duplicate to be filed, etc.; indorsement by town officers, etc.; deposit of report and bonds; acts not applicable to certain localities. $ 4. It shall be the duty of said commissioners to pay the principal and interest of said bonds at the maturity thereof, and on making
such payments the bond or interest coupons paid shall be canceled by said commissioners by cutting out a portion of said bonds or coupons; and a full record of all bonds and interest coupons paid and canceled shall be kept by said commissioners, which record shall be at all times open to the inspection of the supervisor, members of the board of town auditors, and justices of the peace of towns, or the members of common councils or trustees of cities or villages; and said commissioners shall report in writing to the board of town auditors of towns, at their annual meeting, and to the common council or trustees of cities or villages, one the first day of April of each year, the date, number and amount of all bonds and interest coupons paid by them and canceled during the past year, and since their last report, and shall, at the same time, produce and deliver to the said town auditors, common council or trustees, the bonds and interest coupons canceled by them, taking a receipt therefor, which shall set forth the date, number and amount of each bond or coupon. Said commissioners, at the time of making such report, shall also file with the town clerk of towns, and clerk of cities and villages, a duplicate thereof. The said town auditors and the common council cr trustees, as the case may be, shall indorse upon the report so received from the commissioners, that the bonds and interest coupons mentioned therein, duly canceled, were received by them from the commissioners, if such is the case, and if all or any of them are not so received, so state in the indorsement. They shall then deposit said canceled bonds and coupons with said report, in the office of the clerk of the county for safe-keeping. Nothing in this act contained shall shall in any manner apply to or affect the town of Orleans, in the county of Jefferson, or any officer thereof, or any money raised by tax on the property therein, or to any bonds except such as were given under the act mentioned in the foregoing title.
$ 5. The provisions of this act shall not apply to the counties of Oswego, Madison, Erie, Orleans, Niagara and Genesee.
THE CODE OF CRIMINAL PROCEDURE
OF THE STATE OF NEW YORK.
SECTIONS APPLICABLE TO RAILROAD COMPANIES. Courts of special sessions, jurisdiction of.
SECTION 1. Section fifty-six of the Code of Criminal Procedure is hereby amended so as to read as follows:
$ 56. Subject to the power of removal provided for in this chapter, courts of special sessions, except in the city and county of New York and the city of Albany, have in the first instance exclusive jurisdiction to hear and determine charges of misdemeanors committed within their respective counties, as follows:
9. Intoxication of a person engaged in running any locomotive engine upon any railroad, or while acting as a conductor of a car, or train of cars, on any such railroad, or a misdemeanor committed by any person on a railroad car or train. (Thus amended, Laws of 1890, chap. 521.)
23. Unlawfully frequenting or attending a steamboat landing, railroad depot, church, banking institution, broker's office, place of public amusement, auction room, store, auction sale at private residence, passenger car, hotel, restaurant, or any other gathering of people. (Thus amended, Laws 1886, chap. 28.)
Of crime committed in the state on board of any railway train, etc.
$ 137. When a crime is committed in this state, in or on board of any railway engine, train or car, making a passage or trip on or over any railway in this state, or in respect to any portion of the lading or freightage of any such railway train or engine car, the jurisdiction is in any county through which, or any part of which, the railway train or car passes, or has passed, in the course of the same passage or trip, or in any county where such passage or trip terminates, or would terminate if completed.