leaving a wife, or child, or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his or her estate, after payment of his or her debts, and such devise or bequest shall be valid to the extent of such one-fourth, and no such devise or bequest shall be valid in any will which shall not have been made and executed, at least two months before the death of the testator. § 8. The trustees, directors or managers of any society or corporation Liability organized under the provisions of this act, shall be jointly or severally for debts liable for all debts due from said society or corporation, contracted while they are trustees; provided, said debts are payable one year from the time they shall have been contracted; and provided, a suit for the collection of the same shall be brought within one year after the debt shall become due and payable. Court. report. §9. All institutions formed under this act, together with their subject to books and vouchers, shall be subject to the visitation and inspection of Supreme the Justices of the Supreme Court, or by any person or persons who shall be appointed by the Supreme Court for that purpose; and it Trustees shall be the duty of the trustees, or a majority of them, in the month to make of December in each year, to make and file in the county clerk's office where the original certificate is filed, a certificate under their hands stating the names of the trustees and officers of such association or corporation, with an inventory of the property, effects and liabilities thereof, with an affidavit of the truth of such certificate and inventory, and also an affidavit that such association or corporation has not been engaged, directly or indirectly, in any other business than such as is set forth in the original certificate on file. powers. § 10. Each corporation formed under this act shall possess the General general powers conferred by and be subject to the provisions and res- PA..J. trictions of the third title of the eighteenth chapter of the first part of 226:15 Am Rep. 27; 10 the Revised Statutes, except as the same are modified by this act. Eng. Rep. § 11. The Legislature may, at any time, amend, annul, or repeal 35; 4 Abb. any incorporation formed or created under this act. §12. This act shall take effect immediately. CHAP. 303. AN ACT to protect the owners of bottles, boxes, baskets, casks and siphons, used in the sale of soda waters, mineral waters, porter, ale, cider, ginger ale, small beer, lager beer, white beer, or other similar beverages. PASSED May 14, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: marks, tected. SECTION 1. All persons and corporations engaged in the manufac- Trade ture, bottling, packing in boxes, baskets or casks, or in the sale of names and soda waters, mineral waters, porter, ale, cider, ginger ale, small beer, how prolager beer, white beer, or other similar beverages in siphons or bottles packed in boxes, baskets or casks, or unpacked with their name or names or other marks or devices branded stamped, engraved, etched, blown, impressed or otherwise produced upon such bottles, siphons, Penalty for violat ing. Searchwarrants. Repeal. boxes, baskets, casks, or upon the faucets, stoppers, corks or other thing connected therewith, and appertaining thereto, may file in the office of the clerk of the county in which the principal place of business of such person or persons or corporation is situated, and in the office of Secretary of State a description of the names and marks so used by them respectively and cause such description to be published once in each week for three weeks successively in such county, except the city and county of New York and the city of Brooklyn in the county of Kings, where each publication shall be made for the same time (Sundays excepted), in two daily newspapers published in the cities of New York and Brooklyn, respectively. § 2. It is hereby declared to be unlawful for any employee, corporation, person or persons hereafter, without the written consent of the person, firm or corporation as owner thereof, to fill with soda water, mineral water, porter, ale, cider, ginger ale, small beer, lager beer, white beer or other beverages, any such siphon or bottle so marked, or to deface, file off, turn off, or by other means obliterate or efface the names, marks or devices thereon with intent to sell, or to sell, dispose of, buy, or traffic in any such siphons, bottles, boxes, baskets, casks, faucets, stoppers, corks, or other thing connected therewith, or appertaining thereto so marked, branded, stamped, engraved, etched, blown, impressed or otherwise produced thereon, and not bought by him, her, them, or it, of such owners thereof. Any person or corporation offending against the provisions thereof, shall be deemed guilty of a misdemeanor, and shall forfeit to the party aggrieved a sum not exceeding twenty-five dollars for each and every offense. §3. The fact of any person other than the rightful owner thereof without such written permission as aforesaid, using such siphons, bottles, boxes, baskets, casks, faucets, stoppers, corks or other thing, connected therewith, or appertaining thereto, or having the same in his, her, their, or its premises, or in his, her, their or its possession with intent to sell or for the sale therein or thereby of any soda water, mineral water, porter, ale, cider, ginger ale, small beer, lager beer, white beer, or other similar beverage, and any such owner or the agent of such owner who shall make oath or affirmation before any magistrate that he has reason to believe and does believe that any of such siphons, boxes, baskets, caskets, faucets, stoppers, corks, or other thing connected therewith and appertaining thereto, belonging to him, them, or it, marked, branded, stamped, engraved, etched, blown, impressed, or otherwise produced thereon, and registered as aforesaid, are being unlawfully used by any corporation, person or persons selling or manufacturing soda water, mineral water, porter, ale, cider, ginger ale, small beer, lager beer, white beer, or other similar beverages, or that any junk dealer, manufacturer or vender of bottles, boxes, baskets, casks, faucets, stoppers or corks, shall have any of such siphons, bottles, boxes, baskets, casks, faucets, stoppers or corks, secreted upon his premises, or in any other place, or is or has become unlawfully possessed thereof, or has defaced, filed off, turned off, or, by other means, obliterated or effaced the names, marks or devices thereon, or on any of the same with unlawful intent, then the said magistrate shall thereupon proceed to obtain the same under the existing provisions of law in relation to search warrants, which are hereby declared to fully relate to the purposes of this act. § 4. All acts and parts of acts inconsistent herewith are for the purposes of this act hereby repealed. § 5. This act shall take effect immediately. CHAP. 305. AN ACT to amend title two, chapter ten, part three of the The People of the State of New York, represented in Senate and SECTION 1. Section four of title two, chapter ten, part third of the Revised Statutes, is hereby amended so as to read as follows, viz.: § 4. Such security shall be given in the form of a bond, in a penalty of at least two hundred and fifty dollars, with one or more sufficient sureties, to the defendant, conditioned to pay on demand all costs that may be awarded to the defendant in such suit; and in case it shall be made to appear to said court, or any judge thereof, at any stage of the litigation after the filing of said bond as in the next section provided, that the penalty thereof is insufficient, or that the surety, or sureties, on said bond, or either of them, have died or become insolvent, the said court, or any judge thereof, shall make an order requiring the filing of another bond in the penalty of a sum sufficient to cover the costs and disbursements already accrued and incurred in the action, and the costs and disbursements probably to accrue, and be incurred, in the further progress of the action, with one or more sufficient sureties, conditioned to pay on demand to the defendant, his representatives or assigns, all costs that may be awarded against the plaintiff in such action, and that all proceedings on the part of the plaintiff be stayed until such further bond be filed, and the sureties shall justify, if excepted to; and in case of the failure of the plaintiff to cause said further bond to be filed within twenty days after service upon his attorney of a copy of said order, or of the surety, or sureties, on said further bond to justify as in the sixth section of this title provided, the defendant shall be entitled, on notice, to the plaintiff's attorney, and on proof, by affidavit, of the facts, to an order that the plaintiff's action, or the proceeding therein then pending, be discontinued, and to a judgment on said order againt the plaintiff for his costs and disburse ments. § 2. Section five of the aforesaid title, is hereby amended so as to read as follows: § 5. The said bond or bonds shall be filed with the clerk of the court, and notice thereof be given to the defendant or his attorney. Within twenty days after the service of such notice, the defendant may except to the sufficiency of the sureties by giving notice of such exception to the plaintiff's attorney. 3. This act shall take effect immediately. Repealed by L. 1880, ch. 245. See Co. Civ. Proc., §§ 3272-3277. Amending 2 R. S. 620, $4. Security how given. 2 Edm. 644. for costs, Amending 2 R. S 620, § 5. Bond to be filled Exceptions Amending ch. 661, Laws 1873, 9 Edm. 700 State paupers to be removed to State almshouse. to be mailed to the Secretary of State. CHAP. 308. AN ACT to amend chapter six hundred and sixty-one of the laws of eighteen hundred and seventy-three, entitled "An act to provide for the support and care of State paupers." PASSED May 14, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section four of chapter six hundred and sixty-one of the laws of eighteen hundred and seventy-three, entitled "An act to provide for the support and care of State paupers," is hereby amended so as to read as follows: § 4. The county judge and justices of the peace of the several counties of this State, and all police justices and county superintendents of the poor on satisfactory proof being made that the person so applying for relief is a State pauper, as defined by the first section of this act, shall by warrant cause such person to be removed or conveyed to the nearest State alms-house and such pauper shall be maintained therein Testimony until duly discharged. All testimony taken in any such proceeding shall be forwarded by mail within five days thereafter to the secretary of the State board of charities. A verified statement of the expenses incurred by the person in making such removal shall be sent to the said secretary. And the State board of charities shall examine and audit the same and allow such expenses as have been actually and necessarily incurred in making such removal, provided that no allowance shall be made to any person for their time or service in making such removal. All such accounts for expenses in making such removals shall be paid by the State Treasurer on the warrant of the Comptroller, to the person incurring the same; but no such account shall be paid until it shall be certified and allowed by the said State board of charities. Expense. § 2. This act shall take effect immediately. Amending ch. 265, Laws 1848, 3 Edm. 719. Increase of capital stock. CHAP. 319. AN ACT to amend chapter two hundred and sixty-five of the The People of the State of New York, represented in Senate and SECTION 1. Section eight of chapter two hundred and sixty-five of the laws of eighteen hundred and forty-eight, entitled "An act to provide for the incorporation and regulation of telegraph companies," is hereby amended so as to read as follows: 8. It shall be lawful for any association of persons organized under this act, by their articles of association, to provide for an increase of their capital and the number of shares of the capital stock of the association. But if any such association shall have omitted to so provide for an increase of their capital, it shall be lawful, after notice of the intention so to do, published once a week for six weeks successively in the State paper, and in any newspaper of general circulation published in the county where the principal office of such company is located, and, with the written consent of shareholders holding and owning three-fourths in amount of the then capital stock, to provide for an increase thereof, and the number of shares into which the same shall be divided, by an additional certificate specifying such increase and such number, which certificate shall be executed, proved, or acknowledged by the board of directors of such association or a majority of them, and filed as provided in section two of this act. And such certificate may, upon a like notice and consent, also contain a statement of and provision for any desired change in the general route of the lines of the association, designating the route or routes and the points to be connected, and such certificate shall be deemed and taken as a part of the articles of association already filed. § 2. This act shall take effect immediately. CHAP. 322. AN ACT relating to free instruction in drawing. PASSED May 14, 1875; three-fifths being present, The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. In each of the State normal schools the course of study In State shall embrace instruction in industrial or free hand drawing. § 2. The board of education of each city in this State shall cause free instruction to be given in industrial or free hand drawing in at least one department of the schools under their charge. § 3. The board of education of each union schcol free school district incorporated by special act of the Legislature, shall cause free instruction to be given in industrial or free hand drawing in the schools under their charge, unless excused therefrom by the Superintendent of public instruction. §4. This act shall take effect October first, eighteen hundred and seventy-five. normal schools. In city schools. In union schools. CHAP. 325. AN ACT to amend chapter twenty-six of the laws of eighteen hundred and seventy-four, entitled "An act authorizing the formation of corporations to secure camp grounds and other property connected therewith for the use of the Methodist Episcopal Church." PASSED May 14, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Laws 1874, SECTION 1. Section two of chapter twenty-six of the laws of eighteen Amending hundred and seventy-four, entitled "An act authorizing the formation ch. 26, of corporations to secure camp grounds, and other property connected 9 Edm. 85. therewith, for the use of the Methodist Episcopal Church," is hereby amended so as to read as follows: |