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CHAP. 431.

AN ACT to amend the Revised Statutes in relation to laying Highways. out public roads and the alteration thereof.

PASSED May 28, 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 sixty, article four of title one, chapter sixteen Amending of the first part of the Revised Statutes is amended so as to read as follows:

1 R. S. 514, 1 Edm. 473.

laying out

ing road.

notices.

occupants.

* § 75. In all cases of the alteration of any road or the laying out of Proceedany new road, except where the same is altered, opened or laid out with ings on the consent in writing of the owner or owners of the lands to be taken or alterfor such alteration or opening, the person or persons applying for the same, shall serve a notice on the town clerk of the town, and on a Applicant justice of the peace and the commissioner or commissioners of high- to serve ways thereof, asking for a jury to certify to the necessity of the same, and specifying a time not less than ten nor more than twenty days from the time of serving such notice, when such jury will be drawn at the clerk's office of the town by the town clerk thereof, and shall notify in writing each of the owners or occupants through which such Notice to alteration or new road is proposed to be laid of the time and place of owners or drawing such jury by personally serving such notice on such owner or occupant, at least five days before the drawing of such jury or by mailing a copy thereof, at least eight days before such drawing, to such owner or owners in the manner prescribed by law for the service of legal notices. At the time and place mentioned, the town clerk of Drawing such town having received such notice that such jury is to be drawn of jurors. shall, in the presence of a justice of the peace or one of the commissioners of highways of the town, deposit in a box the names of all persons then residents of his town, whose names are on the lists filed in said town clerk's office of those selected and returned as jurors pursuant to article second, title four, chapter seven, part third of the Revised Statutes, who are not interested in the lands through which such road is to pass or be located, nor of kin to the owner thereof, and shall publicly, in the presence of such justice of the peace or commissioner, draw therefrom the names of twelve persons, and shall make a certificate of such names and the purposes for which they were drawn, and shall deliver the same to the person asking for the jury, and the applicant for such jury shall pay to the said town clerk one dollar for Applicant drawing such jury. The applicant for such road or alteration of a to pay road on receiving such certificate, shall deliver the same to a justice of the peace of the town wherein the road is to be laid, and it shall be the duty of such justice forthwith, to issue a summons to one of the con- Justice to stables of said town, directing him to summon the persons named in summon said certificate, specifying a time and place in said summons at which the persons to be summoned shall meet, which shall not be less than ten nor more than twenty days from the issuing thereof; and in case where the owner or owners of any of the lands through which said road or alteration is proposed to be located shall be a non-resident, it shall be dent. the duty of such justice to notify such owner or owners by mail, at least eight days before the meeting of such jury, of the time and place

*So in the original. This section was amended by ch. 465, Laws 1877, post.

clerk.

jury.

owner is non-resi

of such meeting, and if any person so summoned to atted as a juror Neglect of shall neglect or refuse to attend at the time and place designated in

juror to

attend.

Proceed

ings.

Pay to jurors.

Commissioners,

when to decide.

Repeal.

Ante, vol.

such summons, the person or persons so neglecting or refusing to attend shall be liable unless a sufficient excuse be established, to pay a fine of five dollars which shall be sued for and recovered by the overseers of the poor of said town, and such fine shall be applied by them to the support of the poor thereof. If nine or more of the persons shall have been so drawn not interested in the lands through which the road is to be laid, nor of kin to the owners thereof, shall appear at the time and place specified in the summons, they shall then be sworn by the justice of the peace, who issued such summons, well and truly to certify as to the necessity of the highway applied for, and if such justice of the peace shall refuse or neglect to attend at the time and place mentioned in said summons, such oath may be administered to such jurors by any other justice of the peace of said county, and the justice of the peace swearing such jury shall receive therefor, from such applicant, the sum of two dollars; such jury shall then personally examine the route of such highways, and shall hear any reasons that may be offered for or against such proposed route or alteration. If nine or more of the number thereof shall be of opinion that such highway or alteration of a highway is necessary and proper, they shall make and subscribe a certificate in writing to that effect, which shall be delivered to the commissioners of highways of the town. But if such number thereof shall not certify that such road or alteration is necessary, then no application for such road or alteration shall be made again in three months. Every juror shall be entitled to receive for his services as such juror the sum of fifty cents, to be paid by such applicant, and the constable who may summon such jury shall receive therefor from such applicant therefor ten cents for summoning each juror summoned, and ten cents a mile for each mile actually and necessarily traveled in summoning such jury in going from and returning to his place of residence therefor. If nine or more of such jurors shall make a certificate that such highway or alteration is necessary and proper, then the cost of such proceeding as herein before provided shall be a charge against such town in favor of such applicant. The commissioners of highways shall decide upon such application for such road or alteration within thirty days after the decision of the jury or the service upon them of the consent in writing of the owner or owners of the land to be taken for such alteration or opening by an order in writing which shall be filed in the office of the town clerk of such town.

§ 2. Chapter three hundred and fifteen of the laws of eighteen hundred and seventy-three, and chapter six hundred and thirteen of the 9. pp. 594, laws of eighteen hundred and seventy-four, are hereby repealed. § 3. This act shall take effect immediately.

972.

CHAP. 442.

AN ACT to amend an act entitled "An act to enable nonresident guardians to obtain property in this State belonging to their wards residing in other States or territories of the United States," passed March tenth, eighteen hundred and seventy.

PASSED May 28, 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 one of chapter fifty-nine of the laws of eighteen Amending hundred and seventy, entitled "An act to enable non-resident guardi- ch.59, ans to obtain property in this State belonging to their wards residing 7 Edm. 589. in other States or territories of the United States," is hereby amended so as to read as follows:

guardian

erty.

§ 1. In all cases where any guardian and his ward may both be In what residents of any other State or territory of the United States, and such manner ward may be entitled to property of any description in this State, such may obguardian, on producing to the surrogate's court, or other court of com-tain proppetent jurisdiction, of the county in which such property or the principal part thereof is situated a full and complete transcript from the records of a court of competent jurisdiction in the State or territory in which he and his ward reside, duly exemplified or authenticated, showing that he has been appointed guardian of such ward, and that he has given a bond and security in the State or territory in which he and his ward reside, in double the value of the property of such ward, and also showing to such court that a removal of the property of such ward will not conflict with the terms or limitations attending the right by which the ward owns the same, then such transcript may be recorded in such court, and snch guardian shall be entitled to receive letters of guardianship of the estate of such minor from such court, which shall authorize him to demand, sue for and recover any such property, and remove the same to the place of residence of himself and his ward. And such court may order any resident guardian, executor or administrator having any of the estate of such ward, to deliver the same to such non-resident guardian; provided all debts known to exist against such estate have been first paid.

2. This act shall take effect immediately.

Repealed by L. 1880, ch. 245. See Co. Civ. Proc., §§ 2838-40.

CHAP. 443.

ch. 79,

Laws 1875, ante, p. 57.

Amending AN ACT to amend an act entitled "An act to amend an act entitled 'An act to provide for the incorporation of religious societies,' passed April fifth, eighteen hundred and thirteen, and supplementary thereto," passed March twentyninth, eighteen hundred and seventy-five.

PASSED May 28, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section three of an act entitled "An act to amend an act entitled 'An act to provide for the incorporation of religious societies,' passed April fifth, eighteen hundred and thirteen, and supplementary thereto," passed March twenty-ninth, eighteen hundred and seventy-five, is hereby amended so as to read as follows: Devises to § 3. Any religious society, organized under the laws of this State, societies. may take and receive by bequest or devise any real or personal estate, the net annual income of which shall not exceed twelve thousand dollars, subject, however, to the provisions of chapter three hundred and sixty of the laws of eighteen hundred and sixty, entitled "An act relating to wills."

religious

§ 2. This act shall take effect immediately.

Amending

Laws 1852,

ch. 228,

CHAP. 445.

AN ACT to further amend an act entitled "An act for the incorporation of companies formed to navigate the ocean by steamships or ships or vessels using caloric engines,' passed April twelfth, eighteen hundred and fifty-two.

PASSED May 28, 1875.

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The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of the act entitled "An act for the incorporation of companies formed to navigate the ocean by steamships or 3 Edm.815. ships or vessels using caloric engines," passed April twelfth, eighteen hundred and fifty-two, is hereby amended so as to read as follows:

Incorpora

§ 1. Any seven or more persons who may desire to form a company tion of for the purpose of building for their own use, equipping, furnishing, company. fitting, purchasing, chartering, navigating and owning vessels to be propelled solely or partially by the power or aid of steam or other expansive fluid or motive power, to be used in all lawful commerce and navigation upon the ocean, seas, sounds and rivers navigable by ocean steamers, and for the transportation of passengers, freight and mails, may make, sign and acknowledge, before some officer competent to take the acknowledgment of deeds, and file in the office of the clerk of the county in which the principal office for the management of the business of the company shall be situated, and a duplicate thereof in the office of the Secretary of State, a certificate in writing, in which shall be stated the corporate name of the said company and the specific

objects for which the company shall be formed, stating particularly the ports between which such vessels are intended to be navigated, the amount of the capital stock of said company, which shall not be less than fifty thousand nor more than four million dollars; the term of its existence not to exceed twenty years; the number of shares of which the said capital stock shall consist; the number of directors, and their names, who shall manage the concerns of said company for the first year; and the name of the city or town and county in which the principal office for managing the affairs of the company is to be situated.

CHAP. 452.

AN ACT further to amend chapter three hundred and nineteen of the laws of eighteen hundred and forty-eight, entitled "An act for the incorporation of benevolent, charitable, scientific and missionary societies," and the several acts amendatory thereof.

PASSED May 28, 1875.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Amending

Laws 1848.

SECTION 1. The following section shall be added to chapter three hundred and nineteen of the laws of eighteen hundred and forty- ch. 319, eight, entitled "An act for the incorporation of benevolent, charitable, 3 Edm. 705. scientific and missionary societies":"

§ 11. The number of trustees, directors or managers in any corpo- Increase of ration which may have been heretofore or which may hereafter be trustees. organized under the said act may be increased as follows: The existing trustees of any such corporation, or a majority thereof, shall make and sign a certificate declaring how many trustees, directors or managers the corporation shall have in the future management of its business and stating the names of the new or additional trustees, directors, or managers, which certificate shall be acknowledged or be proved by a subscribing witness, and shall be filed in the office of the Secretary of State, and also in the office of the clerk of the county where the original certificate of incorporation was filed; and from and after the filing of such certificate the trustees, directors or managers of such corporation shall be deemed increased to the number therein stated, and the persons so named shall be trustees until a new election of trustees, directors or managers shall be had according to said act and the by-laws or regulations of said corporation.

§ 2. This act shall take effect immediately.

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