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 highways." 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. § 2. This act shall take effect immediately. See L. 1879, ch. 31, post, p. 696. CHAP. 343. 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, tion. 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. 2 By-laws. Limitation. § 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. § 4. The provisions of this act shall not extend or apply to any 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. Liability of trustees. Subject to General pc wers. § 6. The trustees of any company or corporation organized under 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. § 7. All institutions formed under this act, together with their 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. § 8. Each corporation formed under this act shall possess the general 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. CHAP. 352. AN ACT to amend chapter one hundred and eighty-one of the Abortions. laws of eighteen hundred and seventy-two, entitled “An act for the better prevention of the procurement of abortions and other like offenses, and to amend the laws relative thereto." 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: Laws 1872, SECTION 1. Section six of chapter one hundred and eighty-one of Amending the laws of eighteen hundred and seventy-two, entitled "An act for ch. 181. the better prevention of the procurement of abortions and other like 9 Edm. 346. offenses, and to amend the laws relative thereto," is hereby amended so as to read as follows: larations, § 6. In all prosecutions under and in pursuance of this act, the Dying decdying declarations of the woman whose death is produced by any of 9 Hun, 113. the means herein before set forth, shall be admitted in evidence subject to the same restrictions as in cases of homicide. § 2. This act shall take effect immediately. CHAP. 354. Societies. AN ACT to amend chapter forty-seven of the laws of eigh- Religious teen hundred and twenty-six, entitled "An act to amend an act entitled 'An an act to provide for the incorporation of religious societies."" PASSED May 15, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 47, SECTION 1. Section one of chapter forty-seven of the laws of eigh- Amending teen hundred and twenty-six, entitled "An act to amend an act Laws 1826, entitled 'An act to provide for the incorporation of religious socie- 3 Edm. 698. ies,"" is hereby amended so as to read as follows: § 1. If any church, congregation or religious society, now or here- Trustees, after to be incorporated, according to the provisions of the third sec- election of tion of the act hereby amended shall neglect or omit, or have neglected or omitted, at their stated annual election, to choose any one of the three classes of trustees as mentioned in the sixth section of the said act, the said church, congregation or religious society, shall not be deemed and taken to be thereby dissolved; but the trustees then or now already chosen shall continue to hold their offices until others be chosen in their stead; and whenever such neglect or omission shall happen through defect of due notice, or otherwise, the trustees of said church, congregation or religious society, or a majority of them, shall immediately thereafter give notice thereof, in writing, to the minister, or in case of his death or absence, to the elders or church wardens, and in case there shall be no elders or church wardens, then to the deacons or vestrymen of any such church, congregation or society; and the said minister, or in case of his death or absence, one of the said elders or church wardens, deacons or vestrymen shall, in the manner prescribed in the third section of the said act, proceed to notify the members of the said church, congregation or society of such neglect or omission, and appoint the time and place for the election of new trustees to remedy the same, of which election at least fifteen days' notice shall be given in the manner aforesaid, except that it shall be lawful for the religious denomination known as the "United Brethren in Christ," to elect their trustees by the quarterly conference of each circuit, station or mission of said denominatior for full terms, or to fill vacancies in office without further notice than the customary notice of such quarterly conference as required by the rules and regulations of such denomination, and the said election shall be held and conducted by the same persons, in the same manner, and the result be certified in like manner as is prescribed in and by the sixth section of the act hereby amended, and by the rules of the "United Brethren Church," and shall have the same force and effect as elections held under and by virtue of said section, and not otherwise. CHAP. 365. AN ACT to extend the operation and effect of the act passed February seventeen, eighteen hundred and forty-eight, entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes." PASSED May 15, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Any three or more persons may organize and form themselves into a corporation in the manner specified and required in and by the act entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes," passed February seventeenth, one thousand eight hundred and forty-eight, for the purpose of constructing and using machines for dredging and filling of land, and dock building, or for the construction and operation of inland wharves and basins, and the purchase, improvement and sale thereof. § 2. Every corporation so formed shall be subject to all the provisions, duties and obligations contained in the above-mentioned act, and shall be entitled to all the benefit and privileges thereby conferred. § 3. This act shall take effect immediately. See 3 Edm. 733. CHAP. 371. Banks. 1877, ch. AN ACT to conform the charters of all savings banks or insti- Savings tutions for savings, to a uniformity of powers, rights and lia- Amended bilities, and to provide for the organization of savings banks, 256, and for their supervision and for the administration of their 1878, ch. affairs. PASSED May 17, 1875 347, 372. and 1879, chs. 432.437, and 1880, chs. 134 The People of the State of New York, represented in Senate and and 287. Assembly, do enact as follows: banks SECTION 1. All savings banks or institutions for savings, now Savings existing, or which may hereafter be organized under and by virtue declared of any law of this State, are hereby declared to be corporations pos- to be cor sessed of the powers and functions of corporations generally, and as such shall have power: porations. General powers, 1. To have perpetual succession by its corporate name. 2. To sue and be sued, complain and defend, in any court of law 52 How or equity. 3. To make and use a common seal, which may be affixed by making an impression directly on the paper, and alter the same at pleasure. 4. To appoint such officers, managers and agents as the business of the corporation may require. 5. To make by-laws not inconsistent with the laws of this State or of the United States, for the management of its property and the regulation of its affairs. 6. To contract and be contracted with. 7. To receive money on deposit, to invest the same, and further transact the business of a savings bank as hereinafter provided. 8. To exercise any corporate powers necessary to the exercise of the powers above enumerated and given. 394; 69 N. Y. 358. associates §2. Any number of persons not less than thirteen, may associate Not less themselves together for the purpose of organizing a savings bank lat in accordance with the provisions of this act; but two-thirds of such to organnumber of persons shall reside in the county where the proposed bank ings bank. shall be located. ize a sav §3. Such persons, under their hands and seals, shall execute a Such percertificate in which shall be set forth: sons to execute a 1. The name assumed to distinguish such association and to be certificate. used in its dealings, which shall be, in no material respect, similar to the name of any other savings bank, organized and doing business in this State. certificate 2. The place where its business is to be transacted, designating What such the particular city, village or town, and, if in any city, in the ward shall con of such city. 3. The name, residence (if in any city, the street and number), occupation and post-office address of each member of such associa tion. 4. A declaration that each member of such association will accept the responsibilities and faithfully discharge the duties of a trustee tain. |
