Salaries and expenses of members and officers of the board.

§ 169. The annual salary of each commissioner shall be eight thousand dollars; of the secretary, four thousand dollars; of the marshal, fifteen hundred dollars; of the accountant and of the inspector such sum as the board may fix, not exceeding three thousand dollars each; of the clerical force such sums respectively as the board may fix, not exceeding in the aggregate six thousand dollars. In the discharge of their official duties, the commissioners, their officers, clerks and all experts and agents whose services are deemed to be temporarily of importance, shall be transported over the railroads in this state free of charge upon passes signed by the secretary of state and the commissioners shall have reimbursed to them the necessary traveling expenses and disbursements of themselves, their clerks, marshal and experts, not exceeding in the aggregate five hundred dollars per month. All salaries and disbursements shall be audited and allowed by the comptroller, and paid quarterly by the state treasurer upon the order of the comptroller out of the funds provided therefor.

Total annual expense to be borne by railroads.

§ 170. The total annual expense of the board authorized by law, excepting only rent of offices, shall not exceed the sum of fifty thousand dollars; and shall be borne by the several corporations owning or operating railroads according to their means, to be apportioned by the comptroller who, on or before July first in each year, shall assess upon each of such corporations its proportion of such expenses, onehalf in proportion to its net income for the fiscal year next preceding that in which the assessment is made, and one-half in proportion to the length of its main road and branches, except that each corporation whose line of road lies partly within and partly without the state, shall in respect to its net income be assessed on a part bearing the same proportion to its whole net income that the line of its road within the state bears to the whole length of road, and in respect of its main road and branches shall be assessed only on that part which lies within the state. Such assessment shall be collected in the manner provided by law for the collection of taxes upon corporations. Application of this article.

§ 171. The provisions of this article shall apply to all railroads within the state, and the corporations, receivers, trustees, directors or others, owning or operating the same or any of them, and to all sleeping and drawing-room car corporations, and to all other associations, partnerships or corporations engaged in transporting passengers or freight upon any such railroad as lessee or otherwise.

ARTICLE VII.

MISCELLANEOUS PROVISIONS,

SECTION 180. Laws repealed.

181. Saving clause.

182. Construction.

183. When to take effect.

Laws repealed.

§ 180. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. Such repeal shall not revive a law repealed by any law hereby repealed, but shall include all laws amendatory of the laws hereby repealed.

Saving clause.

§ 181. The repeal of a law, or any part of it, specified in the annexed schedule, shall not affect or impair any act done, or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to May first, eighteen hundred and ninety-one, under or by virtue of any law so repealed, but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such law had not been repealed; and all actions and proceedings, civil or criminal, commenced under or by virtue of the laws so repealed, and pending on April thirty, eighteen hundred and ninety-one, may be prosecuted and defended to final effect, in the same manner as they might under the laws then existing, unless it shall be otherwise specially provided by law.

Construction.

$182. The provisions of of* this chapter, so far as they are substantially the same as those of laws existing on April thirty, eighteen hundred and ninety-one, shall be construed as a continuation of such laws, modified or amended according to the language employed in this chapter, and not as new enactments; and references in laws not repealed to provisions of laws incorporated into this chapter and repealed shall be construed as applying to the provisions so incorporated; and nothing in this chapter shall be construed to amend or repeal any provision of the Criminal or Penal Code.

When to take effect.

§ 183. This chapter shall take effect on May first, eighteen hundred and ninety-one.

*So in original.

GENERAL ACTS RELATING TO RAILROADS

WHICH WERE IN

EFFECT PRIOR TO MAY 1ST, 1891, NOT IN TERMS REPEALED BY ANY OF THE PRECEDING LAWS, OR NOT COVERED BY ANY OF THE PROVISIONS OF SAID SEVERAL ACTS.

Article VIII, section 1 of the Constitution of the State of New York.

Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the Legislature, the objects of the corporation can not be attained under general laws. All general laws and special acts passed pursuant to this section may be altered from time to time.

CHAP. 346, LAWS OF 1848.

AN ACT to dispose of certain vacant and unoccupied lands belonging to the Onondaga Salt Springs reservation, and for other purposes.

Provisions respecting railroad companies.

§ 7. Whenever it shall be necessary for any railroad company to occupy any of the salt lands belonging to this State, for the use of their road, the same shall be appraised in the manner provided for in the second section of this act, and when they shall pay into the treasury of this State the appraised value, they shall become possessed of the same, to the same extent as by their charter they are authorized to become possessed of lands belonging to individuals.

Power of Canal Commissioners.

§ 17. The canal commissioners are hereby invested with a general and supervisory power over so much of any railroad as passes over