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fifteen miles, may elect seven of its stockholders as a board of directors to manage its affairs at any annual election after the passage of this act.

§ 4. Section sixteen of the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, is hereby amended so as to read as follows:

§ 16. The commissioners shall take and subscribe the oath prescribed by the twelfth article of the constitution. Any of them may issue subpœnas and administer oaths to witnesses; a majority of them may adjourn the proceedings before them from time to time, in their discretion.

Whenever they meet, except by the appointment of the court, or pursuant to adjournment, they shall cause reasonable notice of such meetings to be given to the parties interested, or their agent or attorney.

They shall view the premises described in the petition, and hear the proofs and allegations of the parties, and reduce the testimony taken by them, if any, to writing, and after the testimony in such case is closed, they, or a majority of them, all being present, shall, without any unnecessary delay, and before proceeding to the examination of any other claim, ascertain and determine the compensation which ought justly to be made by the company to the owners or persons interested in the real estate appraised by them; and in fixing the amount of such compensation, said commissioners shall not make any allowance or deduction on account of any real or supposed benefits which the parties interested may derive from the construction of the proposed railroad, or the construction of the proposed improvement connected with such road, for which such real estate may be taken.

They, or a majority of them, shall also determine what sum ought to be paid to the general or special guardian or committee of an infant, idiot, or person of unsound mind, or to an attorney appointed by the court to attend to the interests of any unknown owner or party in interest, not personally served with notice of the proceedings, and who has not appeared, for costs, expenses and counsel fees. The said commissioners shall make a report of their proceedings to the supreme court, with the minutes of the testimony taken by them, if any; and they shall be entitled to five dollars for services and expenses for every day they are actually engaged in the performance of their duties, to be paid by the company, except where the owners or persons interested in the real estate fail to have awarded them more than the amount of compensation offered them by the company before the

appointment of commissioners, then to be paid by the said owners or persons interested, or if not paid by them, to be paid by the company and deducted from the amount awarded.

§ 5. Section forty-seven of chapter one hundred and forty, of the Laws of 1850, is hereby amended so as to read as follows:

§ 47. If any corporation formed under this act shall not, within five years after its articles of association are filed and recorded in the office of the Secretary of State, begin the construction of its road, and expend thereon ten per cent on the amount of its capital, or shall not finish its road and put it in operation in seven years from the time of filing its articles of association as aforesaid, its corporate existence and powers shall cease.

This extension of time shall apply to all corporations whose articles of association have been filed within five years before the passage of this act.

§ 6. This act shall take effect immediately.

Chapter 243.

AN ACT to amend chapter one hundred and forty-six, of the laws of eighteen hundred and fifty-six, and chapter four hundred and fifty-four of the laws of eighteen hundred and fifty-seven, authorizing the construction of a bridge across the Hudson river at Albany.

Passed April 20, 1864, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly do enact as follows:

SECTION 1. The Hudson River Bridge Company at Albany, is hereby authorized to remove the site of its bridge from the place now located for the construction thereof, to a line running across the Hudson river, under the provisions of this act, south of the north boundary line of the city of Albany, and not more than one hundred feet north of the north line of Lumber street in said city, at a proper height of not less than twenty feet above ordinary common tide water, to be ascertained and fixed by the state engineer and surveyor as hereinafter provided.

§ 2. It shall be the duty of the state engineer and surveyor, when requested so to do by the said corporation, to ascertain and fix upon the proper place for the construction of said bridge across said river,

and also upon the proper height thereof so as to comply with the requirements of this act. The determination of the state engineer and surveyor, in regard to the location and height of said bridge, shall be reduced to writing, and signed and acknowledged by him and filed in the office of the clerk of Albany county, and thereupon said corporation shall have the right to proceed in the construction of such bridge at the place so located therefor, and shall not be restrained by any court or officer by injunction or otherwise in the work of such construction, unless such injunction shall be granted by the supreme court sitting in a judicial district of this state, at a general term of said court, nor unless at least eight days previous notice of the time and place of the hearing of the application for such injunction shall have been served upon said corporation with the papers upon which such application shall be founded; and application for such injunction may be made as aforesaid at a general term in any judicial district in the state.

§ 3. This act shall take effect immediately.

DETERMINATION

OF

WM. B. TAYLOR, STATE ENGINEER AND SURVEYOR,

AS TO THE LOCATION AND HEIGHT OF THE BRIDGE
ACROSS THE HUDSON RIVER, AT ALBANY.

OFFICE OF THE STATE ENGINEER AND SURVEYOR.

ALBANY, May 6, 1864.

In pursuance of an act of the Legislature of the State of New York, passed April 20th, 1864, entitled "An act to amend Chapter 146, of the Laws of 1856, and Chapter 454, of the Laws of 1857, authorizing the construction of a bridge across the Hudson river at Albany,"

I, WILLIAM B. TAYLOR, State Engineer and Surveyor of the State of New York, do hereby certify that I have been requested by the Hudson River Bridge Company at Albany, to ascertain and fix upon the proper place for the construction of the bridge across the Hudson river, which said company is authorized to build, and also upon the proper height thereof, so as to comply with the requirements of said act, and that for the purpose of discharging the duty imposed on me by said act, and after due consideration and examination of the subject, I have ascertained and fixed upon the proper place for the construction of said bridge across said river, and also upon the proper height thereof, so as to comply with the requirements of said act, and I do hereby further certify and determine that a line described as follows, viz.:

Beginning at a point on the wharf in the city of Albany, on the westerly side or shore of the Hudson river, sixty (60) feet north of the north line of Lumber street in the said city (the said wharf being the westerly line of what is

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