discreet persons, not less than three nor exceeding nine in number, as trustees to take charge of the estate and property belonging thereto, Certificate. and to transact all affairs relating to the temporalities thereof. The presiding officer and clerk of such governing body shall immediately thereafter certify, under their hands and seals, the names of the persons elected as trustees as aforesaid, in which certificate the name or title by which the said trustees and their successors shall be known, shall be particularly mentioned, which said certificate, being duly acknowledged by the said presiding officer and clerk, shall be recorded, by the clerk of one of the counties situated in whole or in part, within the bounds of the jurisdiction of such governing body, or in the book kept for the record of religious corporations; and such trustees and their successors shall thereupon, by virtue of this act, be a body corporate, by the name or title expressed in such certificate. Powers of trustees. When church shall become extinct. Amended § 2. Such trustees shall be capable of taking for religious, educational and charitable purposes, by gift, devise, bequest, grant or purchase, and of holding and disposing of the same, any real and personal estate held for the benefit of any such governing body, or of any parish, congregation, society, church, chapel, mission, religious, benevolent, charitable or educational institution, existing or acting under such governing body at the time of their election, or which had then or may thereafter be given for any such purposes. provided that the net yearly income received from the said property shall not at such time exceed the sum of twenty-five thousand dollars. §3. Whenever any parish, church, congregation or religious society in connection with any such governing body shall become extinct by reason of the death or removal of its members, it shall be lawful for the trustees elected by such body as aforesaid to take possession of the 1880, ch. 55, temporalities and property belonging to such extinct church or organization, and manage and dispose of the same, and apply the proceeds thereof to any of the objects mentioned in the second section of this post, p. 903. Term of office. § 4. The trustees elected by virtue of this act shall hold their offices at the pleasure of the governing body by whom they are elected, and all vacancies shall be filled by such body as they occur. See ch. 381, Laws 1875, ante p. 137, ch. 176, Laws 1876, post p. 289. CHAP. 115. AN ACT to facilitate the settlement of bills of exceptions in criminal actions. PASSED April 11, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Whenever in any criminal action, or criminal proceeding, tried before any court, any party shall be entitled to have a bill of exceptions, the same may be settled, signed and sealed by the presiding judge, or the presiding justice of the court, before whom the same may be tried, either before the adjournment or after the adjournment of the said court; and it shall not be necessary that such court shall be in session at the time of such settling, signing and sealing; but the same may be done after the final adjournment of such court. § 2. This act shall take effect immediately. CHAP. 118. AN ACT in relation to wills of personal estate. PASSED April 11, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Every will and other testamentary instrument made out of the State of New York, and within the United States of America, Dominion of Canada, or the Kingdom of Great Britain and Ireland, whatever may be the domicile of the person making the same or at the time of making the same, or at the time of his or her death, shall, as regards personal estate, be held to be well executed for the purpose of being admitted to probate in the State of New York, if the same be made according to the forms required either by the law of the place where the same was made or by the law of the place where such person was domiciled when the will was made or by the laws of the State of New York. § 2. Every will and other testamentary instrument made within the State of New York, whatever may be the domicile of the person making the same at the time of making the same, or at the time of his or her death, shall, as regards personal estate, be held to be well executed, and shall be admitted to probate in the State of New York if the same be executed according to the forms required by the laws of this State. Effect of § 3. No will or other testamentary instrument shall be held to have become invalid, nor shall the construction thereof be altered by reason change of of any subsequent change of domicile of the person making the same. domicile. Effect of § 4. Nothing in this act contained shall invalidate any will or other testamentary instrument as regards personal estate which would have this act. been valid if this act had not been passed except as such will or other testamentary instrument may be revoked or altered by any subsequent will or testamentary instrument made valid by this act. § 5. This act shall extend only to wills and other testamentary To what instruments made by persons who die after the passage of this act. 6. This act shall take effect immediately. Repealed by L. 1880, ch. 245. See Co. Civ. Proc., §§ 2611-13. CHAP. 121. AN ACT regulating the appointment of trustees of the State PASSED April 14, 1876. SECTION 1. Whenever vacancies shall occur in the board of trustees of the State Homoeopathic Asylum for the Insane at Middletown, the Senate shall appoint, on the nomination of the Governor, proper persons to fill such vacancies; and the acceptance of the office of trustee, by the persons thus appointed, shall be a pledge that they will maintain the homœopathic mode of medical treatment in the said asylum. § 2. All acts or parts of acts inconsistent with this act are hereby repealed. wills to apply. See ch. 428, post, 450; Laws 1878, post, p.6, CHAP. 122. AN ACT to prevent and punish wrongs to children. The People of the State of New York, represented in Senate ana and Laws Assembly, do enact as follows: 1874, ante, vol. 9, p. 860. Children not to be exhibited or em ployed in certain Abb. N. C. 1 SECTION 1. Any person having the care, custody or control of any child under the age of sixteen years, who shall exhibit, use, or employ, or who shall in any manner, or under any pretense, sell, apprentice, give away, let out, or otherwise dispose of any such child to any person, in or for the vocation, occupation, service, or purpose of singing, business. 1 playing on musical instruments, rope, or wire walking, dancing, begging or peddling, or as a gymnast, contortionist, rider or acrobat, in any place whatsoever; or for or in any obscene, indecent or immoral purpose, exhibition, or practice whatsoever; or for or in any business, exhibition, or vocation injurious to the health or dangerous to the life or limb of such child; or who shall cause, procure, or encourage any such child to engage therein, shall be guilty of a misdemeanor. Nothing in this section contained shall apply to or affect the employment or use of any such child as a singer or musician in any church, school or academy, or the teaching or learning the science or practice of music; nor the employment of any child as a musician at any concert or entertainment, on the written consent of the mayor of the city or president of the board of trustees of the village where such concert or entertainment shall take place. Not to apply to employ ment as musician. Person violating first sec § 2. Every person who shall take, receive, hire, employ, use, exhibit, or have in custody any clfild under the age, and for any of the purposes tion guilty mentioned in the first section of this act shall be guilty of a misde of misde meanor. When court may dispose of engaged. 1 meanor. § 3. When, upon examination before any court or magistrate, it shall appear that any child, within the age previously mentioned in this act, child was engaged or used for, or in any business, or exhibition or vocation, unlawfully or purpose specified and as mentioned in this act; and when, upon the Abb.N. C.1. conviction of any person of a criminal assault upon a child in his or her custody, the court or magistrate before whom such conviction is had shall deem it desirable for the welfare of such child that the person so convicted should be deprived of its custody thereafter, such court or magistrate may commit such child to an orphan asylum, charitable or other institution, or make such other disposition thereof as now is or hereafter may be provided by law in cases of vagrant, truant, disorderly, pauper or destitute children. Willfully endangering life or health of child. Fines and forfeitures, how disposed § 4. Whoever, having the care or custody of any child, shall willfully cause or permit the life of such child to be endangered, or the health of such child to be injured; or who shall willfully cause or permit such child to be placed in such a situation that its life may be endangered, or its health shall be likely to be injured, shall be guilty of a misde meanor. § 5. All fines, penalties, and forfeitures imposed and collected in any county in this State, under the provisions of this and of every act passed, or which may be passed, relating to or affecting children, in every case where the prosecution shall be instituted or conducted by a society incorporated pursuant to the provisions of chapter one hundred Ante, p. 65. and thirty of the laws of eighteen hundred and seventy-five, being an of. 5 act entitled "An act for the incorporation of societies for the prevention of cruelty to children," shall, except where otherwise provided, enure to such society in aid of the purposes for which it was incorporated. affect pun § 6. Nothing herein contained shall be construed as affecting the punishment Not to of offenses under chapter one hundred and sixteen of the laws of eighteen ishments hundred and seventy-four, entitled "An act in relation to mendicant and vagrant children." Cowley v. People, 21 Hun, 415; S. C., 8 Abb. N. C. 1. CHAP. 130. AN ACT to provide for the appointment of an additional number of PASSED April 18, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do mact as follows: SECTION 1. The Governor is hereby authorized and empowered, by and with the advice and consent of the Senate, to appoint in each county, except the city and county of New York, notaries public equal to ten for each Assembly district, and in the said city and county two hundred and fifty notaries public, in addition to the number now allowed by law; provided, however, that in each county which is a single Assembly district the additional number of notaries public be fifteen. § 2. This act shall take effect immediately. See chap. 87, L. 1875, ante, p. 58. CHAP. 132. under ch. 116, Laws 1874, vol. 9, p. 860. and acade AN ACT to amend sections fifty and fifty-one of article fifth of title Colleges one of chapter fifteen of the first part of the revised statutes in re- mies. gard to trustees of incorporated colleges and academies. PASSED April 20, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1 Edm. 410. SECTION 1. Section fifty of article fifth of title one of chapter fifteen of the Amending first part of the revised statutes is hereby amended so as to read as follows: 1 R. S. 464. § 50. No professor or tutor of any incorporated academy shall be a trustee of such academy. § 2. Section fifty-one, article fifth, title one, chapter fifteen, part first of said revised statutes is hereby amended so as to read as follows: Trustee § 51. No president, professor or tutor of any incorporated college, or princi- Not to pal of any incorporated academy who shall be a trustee, shall have a vote in vote. any case relating to his own salary or emoluments. §3. This act shall take effect immediately. CHAP. 133. AN ACT to provide for the removal of certain officers and to amend proceedings in relation thereto. PASSED April 20, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The Governor may remove any county treasurer, county superin- Removal tendent of the poor, or notary public for misconduct or malversation in office of county Amending ch. 181, Laws 1875, ante, p. 80. Use of soil under streets. at any time within the term for which such officer shall have been appointed or elected, giving to him a copy of the charges against him, and an opportunity of being heard in his defense before such removal shall be made as in proceedings for a removal of a sheriff; and in any such case the Governor may direct testimony to be taken, or an examination to be made in the manner now prescribed by law in proceedings for the removal of a sheriff, and in any case in which the approval or assent of the Governor is or may be necessary as a condition of removal of any officer, the Governor may direct testimony to be taken, or an examination to be made in the manner aforesaid. § 2. In any order directing the taking of testimony or an examination in a proceeding for the removal of any officer, the Governor may direct that the judge or commissioner, in reporting the evidence, shall also report the material facts which he deems to be established by the evidence, and in any case where in his judgment the public interests may require it, the Governor may direct a hearing on the evidence taken in any such examination before a judge of the supreme court, or a county judge, and a report by such judge of his conclusions on the questions of fact or law involved in the case, and may assign a judge for such hearing. §3. This act shall take effect immediately. CHAP. 134. AN ACT to amend chapter one hundred eighty-one of the laws of eighteen hundred seventy-five, entitled "An act to authorize the villages of the State of New York to furnish pure and wholesome water to the inhabitants thereof." PASSED April 21, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section twelve of chapter one hundred eighty-one of the laws of eighteen hundred seventy-five, entitled "An act to authorize the villages of the State of New York to furnish pure and wholesome water to the inhabitants thereof," is hereby amended so as to read as follows: § 12. The said commissioners, and all acting under their authority, shall have the right to use the ground or soil under any street, highway or roads within the county within which said village is situated, for the purpose of introducing water into and through any and all portions of said village, on condition that they shall cause the surface of such street, highway or road to be relaid and restored to its usual state, and all damages done thereto to be repaired, and such right shall be continuous for the purpose of repairing and relaying water-pipes upon like conditions. And the said commissioners shall have the further power to contract with and sell to any corporation, stock company or individual, without the corporate limits of said village, the right to privileges. make connection with the distributing pipes of said village, for the purpose of drawing water therefrom, at such prices and on such conditions as, in the judgment of said commissioners, shall be for the best interests of said village. But no such right shall be granted or in any way enforced, when, by so doing, the supply for the wants or necessities of said village shall thereby be curtailed. § 2. This act shall take effect immediately. May sell water rights and |