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CHAP 805.
AN ACT to amend title two, chapter ten, part three of the

Revised Statutes, entitled “Of security for the payment of
costs."

PASSED May 14, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section four of title two, chapter ten, part third of the Amending

2 R. S. 620, Revised Statutes, is hereby amended so as to read as follows, viz.:

8 4. Such security shall be given in the form of a bond, in a penalty Security of at least two hundred and fifty dollars, with one or more sufficient how given. soreties, to the defendant, conditioned to pay on demand all costs that 2 Edm. 644. 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 od 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 disburgements.

$ 2. Section five of the aforesaid title, is hereby amended so as to Amending 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

Excepexcept to the sufficiency of the sureties by giving notice of such exception to the plaintiff's attorney.

83. This act shall take effect immediately.
Repealed by L. 1880, ch. 245. See Co. Civ. Proc., SS 3272_3277.

2 R. S 620, $5. Bond to be filed

tions

ch. 661,

State pau

pers to be removed to Stato almghouse.

CHAP 808.
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 : Amending SECTION 1. Section four of chapter six hundred and sixty-one of the Laws iš73, laws of eighteen hundred and seventy-three, entitled "An act to pro9 Edm. 700 vide 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 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 Expense. 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 shalỉ 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.

§ 2. This act shall take effect immediately.

to be mailed to the

of State,

CHAP. 319.
AN ACT to amend 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,” passed April twelfth, eighteen hundred and
forty-eight.

PassED, May 14, 1875. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Amending

SECTION 1. Section eight of chapter two hundred and sixty-five of Las 1848the laws of eighteen hundred and forty-eight, entitled “ An act to pro3 Edm. 718. vide for the incorporation and regulation of telegraph companies,” is

hereby amended so as to read as follows: Increase $ 8. It shall be lawful for any association of persons organized of capital

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

ch. 265,

stook.

of the association. But if any such association shall have omitted to 80 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.

normal schools.

CHAP 32.
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 schools. least one department of the schools under their charge. § 3. The board of education of each union schcol free school district Io union

schools, incorporated by special act of the Legislaturą, 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.

In city

CHAP 825
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:

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. 28, of corporations to secure camp grounds, and other property connected geam. 86.3. therewith, for the use of the Methodist Episcopal Church,” is hereby amended so as to read as follows:

tion and

trustees.

to All

Trustees. 82. Whenever in forming any corporation under this act a greater num

ber of trustees than nine shall be desired, the number of trustees shall be specified in the articles of incorporation, which shall be not less than nine nor more than twenty-one, and shall specify, in said articles, the names of the persons as trustees to manage the affairs of said corporation until others are elected in their places ; said trustees shall be divided by lot into three classes, the first class to hold their office for one year, the

second class to hold their office for two years; the third class to hold Constitu- their office for three years. The said corporation, when organized and rules. any camp ground or camp meeting association heretofore organized

under the laws of the State of New York, shall have power to adopt a constitution, and to prescribe rules and regulations not inconsistent with the Constitution and laws of the State or of the United States,

for the government thereof and for the election of trustees and its Election of officers. One third of the trustees shall be annually elected and vacan

cies filled in such manner as the constitution of said corporation shall Non-resi- prescribe. When the camp grounds proposed to be selected by such dent mem- corporation shall be situated upon or near the borders of this state,

persons residing out of the jurisdiction of this State may be permitted

to join in and become members of said corporation, and shall be Stewards eligible to be elected officers thereof.' When the number of trustees do vacancies.

not exceed nine, or no constitution is adopted by the corporation prescribing the mode of elections of its trustees and officers, then the district stewards of any presiding elder's district, at their annual meeting, may appoint, from time to time, trustees for such corporation within their district to supply the places of those whose term of office shall expire and to fill vacancies in the number of trustees. And when two or more districts join in such corporation, then the district stewards of each district at their annual meeting, may appoint their equal proportion of said trustees. But in case the number of trustees cannot be equally divided between the districts, then the districts in which the camp ground is located may appoint such trustees.

$ 2. All restrictions imposed upon such corporations heretofore personal

organized under any law of this State relating to the amount of real or personal estate, or the value thereof, which such corporation may hold, are hereby removed, provided the entire annual income shall not exceed the sum authorized by section three of the act hereby amended, unless by their charters they are empowered to hold a larger amount.

Whenever any camp ground association shall own land on any of the camp ground navigable waters of the State of New York, to be used for camp situated on naviga

ground purposes only, the said association shall have authority to reguble stream. late the landing of any person, or vessel on said wharves, piers or shore,

during the holding of religious services, and may also regulate or prohibit the use of said wharves and piers, or shore during said services by any person or vessel.

8 3. This act shall take effect immediately.

Real and

estate.

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bonds,

towns.

AN ACT to authorize the payment, in whole or in part, of the Municipal

bonded indebtedness of any of the towns in this State created in aid of any railroad therein, and to prescribe the mode in which the people thereof shall determine the time and amount of such payment.

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. Upon the application in writing of at least twelve citi- Payment zens, tax payers of any town in this State, addressed to the supervisor in dobroad of such town, asking for the payment, in whole or in part, of the ness of bonded indebtedness of such town created in aid of any railroad therein, specifying the amount of such indebtedness to be paid, and how much thereof shall be paid annually, and asking also for a vote of the People of such town upon the question, the time and the amount of such payment, the said supervisor shall, at the next annual town meeting to be held in such town, submit such question to the qualified voters of such town and shall take the votes thereof in the manner following, to wit: The said supervisor shall have prepared a suitable book in which shall be transcribed a copy of the aforesaid application, underwritten with the names of the signers thereof, and shall open the same, at the time of the opening of the polls of such town meeting, for the signatures of the qualified voters of such town, by reading aloud to the People the said application and the names of its signers. The said voters, together with other individuals paying taxes in said town, who shall favor such application may, during the time the polls of such town meeting are open, subscribe in such book such transcribed application or may authorize the clerk of such town to subscribe the same for him or her. And any solvent moneyed, manufacturing or other corporation or company formed under the laws of this State and being assessed on real or personal property in such town, shall have all the rights and privileges under this act so far as property representation is concerned, as other tax payers, to be exercised by its chief financial officer.

§ 2. Immediately after the close of the polls at such town meeting, Certificate. the said supervisor shall affix his certificate, next succeeding the last named subscribed in such book to the effect that the persons, whose nanies are subscribed in such book, are qualified voters of such town or tax payers therein and assented to the proposition submitted in the said application at such town meeting, and shall, forth with and within five days after such town meeting, transmit the said books so completed to the county judge of his county; and it shall be the duty of Duty of said judge forth with and within ten days thereafter to proceed to take judges proof as to the relative number and assessed property represented by such voters; and if it shall appear satisfactorily to him that the persons who had so signed said application, and such other tax payers of said town as may then and there appear before him and express a desire to subscribe the same, do represent a majority of the tax payers of said town as shown by the last preceding tax list or assessment roll, and do represent a majority of the taxable property upon said list or roll, he shall so adjudge and determine and cause the same to be entered of

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