tion of the corporation when it appears to the court that such dissolution ought to be adjudged.

4. In a civil action brought by the attorney-general or by the stocknolders to preserve the assets of a corporation, having no officer empowered to hold the same.

5. In the cases specifically mentioned in title four, chapter eight, part three of the Revised Statutes.

§ 4. Any director or other officer of a corporation or joint-stock association, upon whom shall be served any notice of an application for an injunction restraining or affecting the business of such corporation or joint-stock association, or for a receiver of its property and effects, or any part thereof, who shall conceal from or omit to disclose to the other directors, trustees, managers and officers thereof the fact of such service, and the time and place at which such application is to be made, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine or imprisonment, or both such fine and imprisonment, and shall be liable, in a civil action, to the corporation or joint-stock association for all damages which shall be sustained by it by reason of such proceedings.

§ 5. The provisions of this act shall extend and apply to all corporations and joint-stock associations, created or existing by the laws of this or of any other State or government doing business within this State, or having a business or fiscal agency, or an agency for the transfer of its stock therein, and to the directors, trustees, managers and other officers of such foreign corporations or joint-stock associations, and to all proceedings by the attorney-general, in the name of the people of this State, under the laws regulating proceedings against corporations, except that it shall not apply to corporations or associations having banking powers or power to make insurances, or to such as shall be organized under the general manufacturing laws of this State.

6. This act shall take effect immediately.

Chap. 173.

AN ACT to amend chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, being "An act 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," passed May eighteen, eighteen hundred and sixty-nine.

PASSED April 11, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter nine hundred and seven of the 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," is hereby amended by striking out of said section the words "Seneca," "Yates " and " Ontario," wherever the same

occur.

§ 2. The provisions of said chapter nine hundred and seven, laws of eighteen hundred and sixty-nine, passed May eighteen, eighteen hundred and sixty-nine, are hereby made applicable to the counties of Seneca, Yates and Ontario, and to the several towns and incorporated villages within said counties of Seneca, Yates and Ontario. § 3. This act shall take effect immediately.

Chap. 300.

AN ACT to provide for the payment of bonds of towns, villages and other municipal corporations.

PASSED April 20, 1870; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. In all cases where bonds of any town, village or other municipal corporation may have been or shall hereafter be issued according to law, and in all cases where the payment of the principal or interest of such bonds shall not have been otherwise paid or provided

for, the same shall be a charge upon the real and personal property of such town, village or municipal corporation, and shall be assessed, levied, collected and paid in like manner as other debts, obligations and charges against such town, village or municipal corporation, except that in villages the same shall be assessed, levied and collected by the trustees thereof in the following manner: The commissioners of said village, if any there be, who are or have been duly authorized by law to issue said bonds, or if there shall be no commissioners, then the said trustees, or a majority of them, shall, on or before the first day of January of each year, prepare and file with the clerk of the said village corporation a detailed statement of the amount of bonds which may have been issued by said village, or which may be a charge upon the same, with the amount of principal and interest which may have become due, or which shall become due during the succeeding year, and such amount of principal and interest which shall be already due, or which shall become due during such succeeding year, shall be by the trustees of said village assessed and levied upon the taxable property of said village, and collected with the other taxes which shall be collected from time to time for village purposes; and whenever, through inadvertence, neglect or other cause, any portion of the principal or interest due as aforesaid upon such bonds by such municipal corporation shall not have been paid, the same shall be assessed and collected at the first assessment and collection of taxes by such municipal corporation after such failure or omission to pay the same.

§2. Any commissioner, officer or officers whose duty it shall be to make reports as provided for in the first section of this act, or to make provision for the payment of the principal or interest of such bonds as aforesaid, and who shall fail or refuse to make such report, or to provide for such payment, shall be liable to a penalty not exceeding one thousand dollars, nor less than two hundred and fifty dollars, to be sued for and recovered by the holder of any of the aforesaid bonds or obligations.

§ 3. This act shall take effect immediately.

18

Chap. 438.

AN ACT to authorize the owners and holders of certain bonds payable to bearer to render the same payable only to order. PASSED April 27, 1870.

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

SECTION 1. It shall be lawful for the owners or holders of any bond issued by any village, town, city or county in this State, pursuant to law, and made payable to the bearer thereof, to render such bonds non-negotiable, except by the owner's indorsement, by indorsing upon the same, and subscribing a statement that said bond is the property of said owner, and thereupon the principal sum of money mentioned in said bond shall only be payable to said owner, or his legal representatives or assigns.

§ 2. This act shall take effect immediately.

Chap. 506.

AN ACT to facilitate the payment of taxes by railroad

companies.

PASSED April 28, 1870; three-fifths being present.

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

SECTION 1. It shall be the duty of the clerk of the board of supervisors of the several counties of this State (except New York and Kings counties), within five days after the making out or issuing of the annual tax warrants by the board of supervisors of their respective counties, to prepare and deliver to the county treasurer a statement showing the title of all railroad corporations in such county, as appears on the last assessment roll of the towns or cities in such county, the valuation of the property, real and personal, of such corporation in each town or city, and the amount of tax assessed or levied on such valuation in each town or city in their county.

§ 2. Any railroad company heretofore organized under the laws of this State, or that may be hereafter organized, may, within thirty days after the receipt of such statement by the county treasurer, pay the amount of tax so assessed or levied on their property, with one per cent fees on said tax to the county treasurer, who is hereby authorized

and directed to receive such amounts and to give proper receipt therefor.

§ 3. In case any railroad company shall fail to pay such tax within said thirty days, it shall be the duty of the county treasurer to notify' the collector of all towns or cities in their county in which said company is assessed, of such failure to pay said tax, and upon receipt of such notice it shall be the duty of such collector to collect said tax in the manner now provided by law, together with five per cent fees; but no town or city collector shall collect any tax levied or assessed upon the property of any railroad company in said county, by the supervisors of the county, until the receipt of such notice from the county treasurer.

§ 4. The several amounts of tax so received by the county treasurer, of and from railroad companies, shall be placed to the credit of the town or city for or on account of which the same was levied or assessed, and to the credit of the fund or funds to which the same is now or shall be hereafter pledged or appropriated by law, and the one per cent fees also paid shall be placed to the credit of the collector of said city or town; and in case such amounts shall exceed the sum due from said town or city, the surplus shall, on demand, be paid to the supervisor of said town or city, who shall receive, hold and disburse the same as if received from the collector of said town or city.

§ 5. Nothing in this act shall be construed to prevent any railroad company from paying their tax to the collector of towns or cities as now provided by law; nor shall the provisions of this act be construed to repeal or in any manner interfere with the provisions of chapter nine hundred and seven of the session laws of eighteen hundred and sixty-nine.

§ 6. This act shall take effect immediately.

Chap. 507.

AN ACT to define the powers of commissioners appointed under chapter nine hundred and seven of the laws of eighteen hundred sixty-nine, bonding municipalties to aid in the construction of railroads.

PASSED April 28, 1870, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. It shall be competent for any corporation, in and to the construction of whose railroad bonds shall have been authorized to be