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Taxes to pay bonds.

Money, how applied.

record and shall forthwith certify the same to the board of supervisors of his county, to whom he shall also transmit such book with its contents.

$ 3. It shall thereupon be the duty of the said supervisors, in accordance with the terms and request of such application, to cause to be assessed, levied and collected, in such town as other taxes in such town are assessed, levied and collected, in each year, as the same is designated in such application, such sum or sums as shall be sufficient to pay off and discharge the said bonded'indebtedness, either at one time and by one assessment, or by installments of yearly assessments and payments as may be designated in such application.

§ 4. The money so assessed, levied and collected shall be sacredly applied to the payment of the bonds of such town so given in aid of railroads as designated in such application and to no other purpose whatever; except, that in case there shall not be, of such bonds, as are then due and payable, sufficient in amount to exhaust the whole sum so collected, and the holders and owners of such other bonds, as may not then bave matured, shall not be willing to accept payment thereof, the said supervisor shall cause the residue of said money, so collected, after paying such bonds as he may be able to retire, to be invested in such State, county, town, city or village bonds as may have been issued in pursuance of the laws of this state, or in United States bonds, to be deposited with the treasurer of said county as a sinking fund for the redemption and payment of the bonds of such town created in aid of any railroad therein, and the avails of such sinking fund shall be sacredly applied for the payment and redemption of the bonds of such town as the same become due.

§ 5. This act shall take effect immediately.

CHAP. 381.

AN ACT to relieve premises of one person erroneously assessed and taxed in and with the premises of another.

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: Applica- SECTION 1. When the premises of one person shall have been wrongfully tion to assessed and taxed in and with the premises of another, the person aggrieved apportion taxes.

thereby may, upon application to the county court of the county in which the property is situated, on petition duly verified, and on eight days' notice to the assessors of the town in which the premises are situated, and to the party whose premises are included in such wrongful assessment, his executors or administrators, have his taxes or assessments apportioned by such county court, at a regular term thereof, or at chambers, in such manner as to the said court may

seem just and proper. Duty of $ 2. The said county court shall ascertain the boundaries, the premises and county the rate of taxation in said town, and shall fix and specify the amount of said court.

tax or assessment properly chargeable to the petitioner's property, and to the Duty of other party chargeable therewith; and the collector or receiver of taxes of the collector. town in which the premises are situated, upon receiving a certified copy of said

order, shall forthwith change the tax and assessment books of said town to conform to the apportionment made by said order.

§ 3. The said collector or receiver shall, upon receiving the amount so apportioned upon the premises of said petitioner, receipt for the same in full discharge of the lien thereof upon the property of said petitioner.

84. This act shall take effect immediately,

CHAP 886. AN ACT to confirm the title of certain persons to real estate, questioned by reason of alienage of former owners.

PASSED May 14, 1875; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The title of any citizen or citizens of this State to any lands within this State, shall not be questioned or impeached by reason of the alienage of any person or persons, from or through whom such title may have been derived. Provided, however, that nothing in this act shall affect the rights of the State, in any case in which proceedings for escheat have been instituted.

8 2. Nothing in this act shall affect or impair the right of any heir, devisee, mortgagee, or creditor, by judgment or otherwise.

8 3. This act shall take effect immediately.

CHAP 889.

tion,

AN ACT to amend an act entitled “An act for the incorpora

tion of villages," passed April twentieth, eighteen hundred and seventy.

Passed May 15, 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 thirty of title eight of chapter two hundred and Amending ninety-one of the laws of eighteen hundred and seventy, entitled “ An Laws isro, act for the incorporation of villages,” passed April twentieth, eighteen Edm. 706. hundred and seventy, is hereby amended so as to read as follows:

$ 30. Any village heretofore incorporated may become a corporation Election under the provisions of this act and possess the powers given thereby, to deter

mine ques. by a vote in favor thereof, at any annual or special election. Such tion vote shall be taken on a resolution adopted by the board of trustees,

incorporasubmitting the question of incorporation under this act to the quali fied electors of the village. All persons, before qualified to vote at an election in such village, may vote at such election. Notice shall be given of such election by the trustees, setting out the resolution to be voted on, as is required to be given by this act in regard to special elections for extraordinary expenditures. If at such election the majority of the ballots cast shall have thereupon the word “ Yes,” then the village shall become and be incorporated under this act, and shall succeed to and possess all the property, rights of property and the rights of action existing at the time of incorporation under this act in favor of such village; and all actions, proceedings and suits then existing on the part of such village, or against such village, or rights of action against such village then existing shall, after such vote, be unaffected thereby and be subject to the provisions of law under which they originated.

The persons, who had before presided at elections for village

officers in such village, or a majority of them, shall preside at the elections directed in this section, and shall count the ballots and declare the result forth with and make return setting out the resolutions voted on the notices of election and the number of ballots cast with “ Yes" or with “No” thereon, and shall file such return with the clerk of the county in which the village is located within ten days after the election, and verify such return with the oath of the inspectors. Such return or a copy thereof, certified by such county clerk, with his official seal, shall be final and conclusive evidence of such incorporation and the regularity thereof, in all courts and places and in all actions and proceedings. In case it appears from such return that a majority of the ballots were cast with “Yes” thereon, the board of trustees shall, within ten days after filing such return or within ten days after the passage of this act, appoint a special election in such village, to be held within twenty days, for the purpose of electing the officers provided by this act for such village. They shall give ten days' notice of the time and place of such election, which notice shall be published in all the newspapers printed in such village, and by posting the same in six public places in the village. At such election the same persons who are required to act as inspectors of election, at the election above provided for in this section, shall preside as inspectors of election; and such election shall be conducted and its results certified in all respects as regular annual elections are required to be conducted and the results certified under this act; and the persons elected to office at such election shall qualify and be clothed with the same powers and charged with the same duties as if elected at an annual election. The trustees shall submit at such special election the detailed statement required by section eleven of title three of this act. The trustees and other officers elected under the prior charter shall continue in office and discharge their duties under that charter until the election and qualification of the new officers as above provided for.

§ 2. This act shall take effect immediately.

CHAP 841.

AN ACT to amend chapter three hundred and ninety-five of

the laws of eighteen hundred and seventy-three, entitled “An act to alter the system of repairing the highways."

PASSED May 15, 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 two of chapter three hundred and ninety-five of Laws 1873, the laws of eighteen hundred and seventy-three, entitled “An act to 9 Edm. toi. alter the system of repairing the highways,” is hereby amended so as

to read as follows: Vote as to

§ 2. Upon the written request of twenty-five tax payers of any repairing town, it shall be the duty of any justices of the peace, or other officers

who preside at the town election of any such town, to submit to the electors at each annual town election, and the electors of any town may vote at the next regular annual town meeting, upon the question of changing the manner of working the highways. Such vote shall be by ballots,upon which shall be written or printed, respectively, “ for changing the mode of working the highways," and “ against changing the mode of working the high ways.” The ballots shall be deposited in a separate box by themselves, be counted by the inspectors of election or other officers presiding at such town election, and if a majority of the electors shall vote in favor of the proposed change, the town voting therefor may avail itself of the privileges of this act, upon causing a minute of its action to be entered by the town clerk in the town records.

82. This act shall take effect immediately. See L. 1879, ch. 31, post, p. 696.

CHAP 848.
AN ACT for the incorporation of library societies.

PASSED May 15, 1875.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Any number of persons not less than five, citizens of the Incorpora United States, a majority of whom shall also be citizens of this State, tlon. who shall desire to associate themselves together for the purpose of founding, continuing and perpetuating a library, may make, sign and acknowledge before any officer authorized to take acknowledgment of deeds in this State, and file in the office of the Secretary of State, and also in the office of the clerk of the county in which the office of such society shall be situated, a certificate in writing, in which shall be stated the name or title by which such society shall be known in law, the business and object of such society, the number of trustees, directors or managers to manage the same, and the names of the trustees, directors or managers for the first year of its existence, and the city or town of the county in which such library shall be located; but such certificate shall not be filed unless by the written consent and approbation of one of the Justices of the Supreme Court of the district in which said library shall be located, to be indorsed on such certificate.

$ 2. Upon filing a certificate as aforesaid, the persons who shall have Powers signed and acknowledged such certificate, and their associates and suc- and duties cessors, shall thereupon, by virtue of this act, be a body politic and corporate, by the name stated in such certificate, and by that name they and their successors shall and may have succession, and shall be persons in law capable of suing and being sued; and they and their successors, by their corporate name, shall, in law, be capable of taking, receiving, purchasing and holding real estate by gift, grant or otherwise, for the purposes of their incorporation, and for no other purpose, to an amount not exceeding the sum of fifty thousand dollars in value, and personal estate for like purposes to an amount not exceeding the sum of seventy-five thousand dollars in value; but the clear annual income of such real and personal estate shall not exceed the sum of ten thousand dollars; to make by-laws for the management of its affairs not inconsistent with the Constitution and laws of this State or of the United States; to elect and appoint the officers and agents of such society for the management of its business, and to allow them a suitable compensation.

By-laws. $ 3. The society so incorporated may prescribe by its by-laws what

persons may thereafter become its members and have the right to vote at its meetings, and may annually elect from its members, its trustees, directors, managers, at such time and place and in such manner as may be specified by it in its by-laws, who shall have the control and management of the affairs and funds of said society, a majority of whom shall be a quorum for the transaction of business; and whenever any vacancy shall happen among such trustees, directors or managers, by death, resignation or neglect to serve, such vacancy shall be filled in

such manner as shall be provided by the by-laws of such society. Limita 4. The provisions of this act shall not extend or apply to any tion.

association or individuals who shall in the certificate filed with the Secretary of State, or with the county clerk, use or specify a name or style the same as that of any previously incorporated society in this

State. Property. § 5. Any corporation formed under this act shall be capable of

taking, holding or receiving any property, real or personal, by virtue of any devise or bequest contained in any last will or testament of any person whosoever, the clear annual income of which devise or bequest shall not exceed the sum of ten thousand dollars; provided no person 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. Llability of § 6. The trustees of any company or corporation organized under trustees.

the provisions of this act, shall be jointly and severally liable for all debts due from said company or corporation contracted while they are trustees, provided said debts are payable within 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. Subject to

§ 7. All institutions formed under this act, together with their Supremo

books and vouchers, shall be subject to the visitation and inspection of the Justices of the Supreme Court, or by any person or persons who

shall be appointed by the Supreme Court for that purpose. General § 8. Each corporation formed under this act shall possess the general pc wers. powers conferred by and be subject to the provisions and restrictions

of the third title of the eighteenth chapter of the first part of the Revised Statutes.

$ 9. The Legislature may at any time amend, annul, or repeal any incorporation formed or created under this act.

§ 10. This act shall take effect immediately.
See L. 1796, ch. 43; ante, vol. 3, p. 834, and L. 1853, ch. 395, vol. 3, p. 839.

Court.

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