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agents or not, are to be deemed railroad tickets within the meaning of this act.

§ 4. Every person who shall be convicted of having forged, counterfeited or falsely altered any railroad ticket mentioned or referred to in either of the preceding sections of this act, or of having sold, exchanged or delivered for any consideration, any such forged or counterfeited railroad tickets, knowing the same to be forged or counterfeited, with intent to injure or defraud, or of having offered any such forged or counterfeited railroad ticket for sale, exchange or delivery, for any consideration, with the like knowledge and intent, or of having received any such forged or counterfeited railroad ticket upon a sale, exchange or delivery, for any consideration, with the like. knowledge and intent, shall be adjudged guilty of forgery in the third degree, and shall be punished in like manner as is prescribed by law in cases of conviction of forgery in the third degree.

§ 5. Every person who shall have in his possession any such forged or counterfeited railroad ticket as mentioned or referred to in the next preceding section, knowing the same to be forged, counterfeited or falsely altered, with intention to injure or defraud by uttering the same as true or false, or by causing the same to be uttered, or by the use of the same to procure a passage in the cars of the railroad.company by which such ticket purports to have been issued, shall be subject to the punishment provided by law for forgery in the fourth degree.

§ 6. This act shall take effect immediately.

Chap. 185.

AN ACT to prevent extortion by railroad companies.

Passed March 27, 1857.

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

SECTION 1. Any railroad company which shall ask and receive a greater rate of fare than that allowed by law, shall forfeit fifty dollars, which sum may be recovered, together with the excess so received, by the party paying the same; but it shall be lawful, and not construed as extortion, for any railroad company to take the legal rate of fare for one mile for any fractional distance less than a mile.

§ 2. This act shall take effect immediately.

Chap. 444.

AN ACT further to amend the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty.

Passed April 14, 1857.

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

SECTION 1. It shall be lawful for any mortgagee of any railroad and the franchises thereof, to become the purchaser of the same, at any sale thereof under the mortgage, upon foreclosure by advertisement, or under a judgment or decree, or otherwise, and to hold and convey the same, with all the rights and privileges belonging thereto or connected therewith.

§ 2. Whenever there shall be one or more of the estates enumerated in article one of title two of chapter one of the second part of the Revised Statutes, entitled "Of the creation and division of estates," in any land required by any railroad company for the purpose of its incorporation, such company may acquire such estate and land by means of the special proceedings authorized by the act hereby amended. In every such case the railroad company, in addition to the statements now required by said act, shall set forth and state in its petition the facts in relation to any such estate, and the person, persons or class of person, then in being or not in being, who are or may become entitled, in any contingency, to any estate as aforesaid in such land, and may pray that such estate may be acquired, and such persons may be bound by the said proceedings; and thereupon the court to whom such petition is presented, if there be no attorney appearing in their behalf shall appoint some competent and disinterested attorney or officer of the court to appear in such proceedings and represent the rights, interests and estate of the person, persons, or class of persons aforesaid in any such land, and to protect the same, on the appraisal and proceedings aforesaid; and it shall be the duty of the court, on or after the confirmation of the report of appraisal, to ascertain by such report, or by a reference for that purpose, or otherwise, in its discretion, the rights, interests and estates of such person, persons or class of persons, in the land so appraised, and in the compensation awarded therefor, and to make an order determining the amount or share of such compensation to which such person, persons or class of persons are, or may become, entitled on account of

such estate, as the same shall arise or become vested in them respectively, and to direct, and to provide for the payment, investment or securing thereof, for the benefit of the person, persons or class of persons aforesaid, who are, or may in the contingency upon which such estate arises, become entitled thereto; upon the company paying or securing such amount or share, in the manner directed by such order of the court, it shall be deemed to have acquired, and shall be vested with the estate which such person, persons or class of persons have, or may be entitled to in said land, and they shall be barred of and from all right or claim in and to such land. Any railroad corporation in this state may acquire the title in fee, by the special proceedings herein before mentioned, to any land which it may require for roadway and for necessary buildings, depots and freight grounds.

§3. Every railroad company which shall have had unclaimed freight or baggage not perishable, in its possession for the period of at least one year, may proceed and sell the same at public auction, after giving notice to that effect in the state paper once a week for not less than four weeks, and for a like period in a newspaper other than the state paper, published at the place designated for the sale, and also in one published in the city of New York. (Said notice shall contain, as near as practicable, a description of such freight or baggage, the place and time when left, together with the name of the owner of the freight, or person to whom consigned, if the same be known.) All moneys arising from the sale of freight or baggage as aforesaid, after deducting therefrom charges and expenses for transportation, storage, advertising, commissions for selling the property, and the amount previously paid for the loss or non-delivery of freight or baggage, shall be deposited by the company making such sale, accompanied with a report thereof, and proofs of advertisement, with the comptroller, for the benefit of the general fund of the state, and shall be held by him in trust for reclamation by the persons entitled, or who may become entitled, to receive the same. No sale as herein provided shall be valid unless a copy of the notice above specified shall be served upon the comptroller for at least two weeks prior to the time designated for such sale.

§ 4. In case such unclaimed freight or baggage shall, in its nature, be perishable, then the same may be sold as soon as it can be, at the best terms that can be obtained.

§ 5. This act shall take effect immediately.

Chap. 470.

AN ACT to prevent frauds in the sale of tickets to passengers upon railroads, steamboats and steamships.

Passed April 15, 1857.

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

SECTION 1. No person other than the agents or employes of railroad, steamboat or steamship companies of this state, duly appointed by them for that purpose, by a proper authority in writing, shall offer for sale, or sell within this state, any ticket or tickets or any printed or written instrument issued by or purporting to have been issued by any railroad, steamboat or steamship company in this state or elsewhere, for the transportation of any passenger or passengers, upon any such railroad, steamboat or steamship, or any instrument wholly or partly printed or written, delivered for the purpose or upon the pretense of the procurement to such passenger or passengers, of any such ticket or tickets, or in any other manner charge, take or receive any money as a consideration or price for such passage or for the procurement of such passage ticket or tickets; and no ticket or tickets or other evidence as aforesaid, shall be sold or offered for sale by the said agents or employes, except at the offices designated for that purpose by the said companies respectively, and at prices not exceeding their regular established rates.

§ 2. Whenever any person or persons shall be complained of and arrested for violating any of the provisions of the first section of this act, it shall be the duty of the magistrate, before whom such complaint is made, to take and reduce to writing, in the presence of the person or persons complained of, the evidence of any witness which may be offered, either on behalf of the prosecution or the party accused, and the depositions so taken shall be respectively subscribed by the witnesses making the same, and certified by the magistrate; and when so taken and certified, the said depositions shall be filed in the office of the clerk of the county in which the same shall be taken. Upon the trial of any person or persons charged with any offense under the provisions of this act, the testimony taken as aforesaid may be read by either party, with the like effect as if the said witness or witnesses were sworn in open court upon said trial, provided it shall appear therein that the witness or witnesses were, at the time of taking the same, residents of another state, territory or province, or are emigrat

ing from a foreign country, or are residents of this state, and on their way to some other state, territory or province.

§ 3. Any person violating the provisions of this act shall, upon conviction, be deemed guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars, or by imprisonment of not less than three months, or by both such fine and imprisonment. § 4. This act shall take effect immediately.

Chap. 536.

AN ACT to amend chapter thirteen, part first, of the Revised Statutes, entitled "Of the assessment and collection of taxes," and chapter 176, Laws of 1851.

Passed April 15, 1857; three-fifths being present.

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

SECTION 1. Section six of title two of chapter thirteen of the first part of the Revised Statutes shall not be construed to apply to railroad corporations, except so far as that their real estate shall be assessed in the town or ward in which the same shall lie, in the same manner as the real estate of individuals; and whenever the financial condition of such corporation shall subject them to be assessed on personal estate, the assessment shall be made and declared by the assessors of the town or ward in which their principal office is situate; but the taxes accruing from such personal estate shall be divided and paid by the railroad corporations to the collectors of the several towns or wards through which their road shall pass, in proportion, as near as may be, to the length of the track of the road in such town or ward, as compared with the whole length thereof.

§ 2. Section seventeen of said title shall read as follows:

§ 17. The assessors shall complete the assessment rolls on or before the first day of August, in every year, and shall make out one fair copy thereof, to be left with one of their number. They shall forthwith cause notices thereof to be left with one of their number; they shall forthwith cause notices thereof to be put up at three or more public places in their town or ward; and in case the assessment roll shall include property belonging to a railroad corporation, they shall at the same time cause a like notice to be mailed to the treasurer thereof, or delivered to the railroad agent at the nearest station.

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