CHAP. 135. road and panies. AN ACT to authorize plank-road and turnpike companies, formed un- Plankder and by virtue of an act entitled "An act to provide for the in- turnpike corporation of companies to construct plank-roads, and of compa- comnies to construct turnpike roads," passed May seventh, eighteen hundred and forty-seven, to extend their charter or corporate existence. PASSED April 21, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows: may ex existence. 534. SECTION 1. Any plank-road company or turnpike company which shall have Certain been formed under and by virtue of an act entitled "An act to provide for companies the incorporation of companies to construct plank-roads, and of companies to tend their construct turnpike roads," passed May seventh, eighteen hundred and forty- corporate seven, and the several acts amendatory thereof, and which shall have managed Amended and carried on any plank-road or turnpike road for twenty years last past, upon 1878, ch. ten miles in length thereof, or not less than one-half of the route named in their 121, post, p. original articles of association, may at any time within five years before the termination of the time specified for its duration in its articles of association, continue its corporate existence for a period not exceeding thirty years by first Proceedobtaining the consent, by resolution, of a majority of all the members of the ing. board of supervisors of the county or counties in which any such road is located, adopted at any regular or special meeting thereof, and by filing and recording in the office of the clerk of the county or counties in which such plank-road or turnpike road is located, within one year before the expiration of the term of the corporate existence of such company, and in the office of the Secretary of State such consent and a statement showing the actual capital expended in the construction of any such plank-road or turnpike road, exclusive of repairs, together with the consent, in writing, from the persons owning two-thirds of the capital stock of such company, and in which shall also be stated the number of years which they shall desire such corporate existence extended; also the name of each town or ward through or into which the said road passes. Such statement shall be made by the president and treasurer of such company, and they shall annex or indorse thereon their affidavits of the above requirements. road has 2. In case any part of any plank-road or turnpike road shall have been where abandoned, according to the provisions of law, a statement of the actual cost part of of such remaining part, exclusive of repairs, shall be made as near as may be, been aban and filed and recorded in the same manner as provided in section one of this doned. act. Any further abandonment of any part of any plank or turnpike road shall Future only be made by and with the consent of a majority of all the members of the abandonboard of supervisors of the county in which any such road or any part thereof ow made, is located, which consent shall be filed with the clerk of said county or counties. ments, § 3. Hereafter it shall be the duty of any plank-road or turnpike road that Annual shall avail themselves of the provisions of this law, to annually, on or before statement. the first day of July in each year, make and file a statement in the office of the county clerk of the county or counties through or into which such plank-road or turnpike road is located, of the receipts from tolls, and also a statement showing the expenditure on such plank-road or turnpike road to maintain and keep the same in repair. rate exist $4. A copy of the consent of such supervisors and stockholders, together Evidence with a copy of such affidavit annexed thereto and certified to be a copy by the of corpoSecretary of State, or his deputy, shall, in all courts and places, be presump- ence. tive evidence of the corporate existence of such company for the term therein specified, and of the facts therein stated. 5. The corporate existence of such plank-road company shall not be ex- Provisos. tended, except in accordance with this act. § 6. The provisions of this act shall not apply to the counties of Kings and Orange. (Amended by ch. 253, Laws 1879.) 7. All acts or parts of acts inconsistent or in conflict with this act are hereby repealed. Amending ch. 563, Laws 1869. CHAP. 161. AN ACT to amend chapter five hundred and sixty-three of The People of the State of New York, represented in Senate and SECTION 1. Section one of chapter five hundred and sixty-three of the laws of eighteen hundred and sixty-nine, entitled "An act to 7 Edm. 457. amend an act entitled 'An act to protect butter and cheese manufacturers,' passed May second, eighteen hundred and sixty-four," is 237, post, p. hereby amended so as to read as follows: Amended 1878, ch, 570. See Vol. 6, p. 300. Penalty or supply ed, adulterated, skimmed § 1. Section one of chapter five hundred and eighteen of the laws of eighteen hundred and sixty-four is hereby amended so as to read as follows: § 1. Whoever shall, with intent to defraud, sell, supply or bring to for selling be manufactured to any butter or cheese manufactory in this State, ing dilut any milk diluted with water, or in any way adulterated, or milk from which any cream has been taken, or milk commonly known as skimmed milk, or whoever shall, with intent to defraud, keep back any part of the milk known as "strippings," or whoever shall, knowingly, bring butter fac- or supply milk to any butter or cheese manufactory that is tainted or tories, and partly sour from want of proper care in keeping pails, strainers or any for failing vessel in which said milk is kept, clean and sweet, after being notified accounts. of such taint or carelessness, or any butter or cheese manufacturer or impure milk to cheese or to keep who shall, knowingly, use or allow any of his employees, or any other person, to use for his or for their own individual benefit, any milk or cream from the milk brought to said butter or cheese manufacturer, without the consent of all the owners thereof, or any butter or cheese manufacturer who shall refuse or neglect to keep or cause to be kept a correct account (open to the inspection of any one furnishing milk to such manufacturer) of the amount of milk daily received, or of the number of pounds of butter, and the number and aggregate weight of cheese made each day, or of the number cut or otherwise disposed of, and the weight of each, shall, for each and every offense, forfeit and pay a sum not less than twenty-five dollars nor more than one hundred dollars with costs of suit, to be sued for in any court of competent jurisdiction by and for the benefit of the person or persons, firm or association, or corporation, or their assigns, upon whom such fraud or neglect shall be committed. § 2. This act shall take effect immediately. See Verona Central Cheese Co. v. Murtaugh, 50 N. Y. 314; Lammond v. Volans, 14 Hun 263. Ante, Vol. 3, p. 415; Vol. 6, p. 301. CHAP. 176. 3 Edm.687, AN ACT supplementary to chapter sixty of the laws of eigh- Religious teen hundred and thirteen, entitled "An act to provide for societies the incorporation of religious societies, and the acts supple- ante, p. 172 mentary thereto." PASSED April 26, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows: the tempo SECTION 1. The rector, wardens and vestrymen or, the trustees, con- Who to sistory or session of any church, congregation or religious society, incor- administer porated under any of the laws of this State, shall administer the tempo- ralities. ralities thereof and hold and apply the estate and property belonging thereto, and the revenues of the same, for the benefit of such corporation, according to the rules and usages of the church or denomination. to which said corporation shall belong; and it shall not be lawful to Property divert such estate, property or revenue to any purpose, except the sup- not to be port and maintenance of any church or religious or benevolent institution or object connected with the church or denomination to which such corporation shall belong. diverted. § 2. Each and every of the corporations aforesaid may receive, use Rents and apply all rents and income derived from pews of their respective from pews. churches, in addition to the annual income limited by any statute now in force relating thereto. tion of cor by Laws 934. § 3. Any two or more of the corporations aforesaid, are hereby Consolidaauthorized to unite and consolidate themselves into a single corpora-porations. tion of the denomination to which at least one of such corporations Amended shall belong, in the manner following: The said corporations may 1880, ch enter into an agreement under their respective corporate seals for the 167, post, p. union and consolidation of the said corporations, setting forth the terms and conditions thereof, the name of the proposed new corporation, the church or denomination to which it shall belong, the names of the persons who shall be the church wardens and vestrymen, or elders and deacons, or trustees or other officers, as the case may be, until the first annual election of the proposed new corporation, and fixing the day of such election. But in the case of Protestant Episcopal churches, no such agreement shall be valid unless approved by the bishop and standing committee of the diocese in which such churches are situated. Each of the said corporations may make its separate Petition petition to the Supreme Court, in the judicial district in which such to the corporations are situated, for an order for such union and consolidation, Court setting forth in such petition the reasons for such union and consolidation, the agreement made as herein before provided, and a statement of ail of its property, real and personal, all its debts and liabilities, and the amount and sources of its annual income. Upon such petition from each of such corporations so proposing to be united and consolidated, thereon and upon the said agreement, satisfactorily proved or certified, the Supreme Court may, in case it shall deem it proper, make an order for the union and consolidation of such corporations, determining all the terms, conditions and provisions thereof. All parties interested therein may be heard on such petition. When such order is made and entered, according to the practice of the court, the said corporations shall be Supreme Order united and consolidated into one corporation, by the name designated Rights and in the order; and it shall have all the rights and powers, and be subject to all the obligations of religious corporations under the act to which this is supplementary, and the acts amendatory thereof and supplementary thereto. obliga tions of the consolidated corpora tion. 4. And thereupon all the estate, rights and property, of whatsoever nature, belonging to either of said corporations, shall, without further act or deed, be vested in and transferred to the new corporation as effectually as they were vested in or belonged to the former corporations, and the said new corporation shall be liable for all the debts and liabilities of the former corporations, in the same manner and as effectually as if said debts or liabilities had been contracted or incurred by it. § 5. This act shall take effect immediately. Criminal evidence. Accom plices, 12 CHAP. 182. AN ACT in relation to evidence in criminal cases. PASSED April 27, 1876; without the approval of the governor, pursuant to provision of section nine of article four of the Constitution. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. All persons jointly indicted shall, upon the trial of Hun, 212. either; be competent witnesses for each other the same as if not included in the same indictment. § 2. In all criminal trials, and examinations before trial, a husband or wife may be examined as a witness in behalf of the other, but upon no such trial or examination shall a husband or wife be compelled to testify against the other. § 3. This act shall take effect immediately. CHAP. 190. 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." PASSED April 28, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 319, SECTION 1. Chapter three hundred and nineteen of the laws of Amending eighteen hundred and forty-eight, entitled "An act for the incorpo- Laws 1848. ration of benevolent, charitable, scientific and missionary societies," is 3 Edm. 705. hereby amended by adding thereto an additional section, to be known as section thirteen,* as follows: corporate § 13. The term of existence of any corporation which may have Extending heretofore been or which may hereafter be organized under this act, existence. may be extended in the following manner: The trustees of such corporation, or a majority of them, shall make and sign a certificate declaring the term, not exceeding fifty years, for which the said corporation is to be continued, which certificate shall be duly acknowledged, and be filed in the office of the Secretary of State, and also a copy thereof 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 and copy, the said corporation shall be deemed continued for the term of years therein specified. CHAP. 198. AN ACT to amend chapter one hundred and forty of the laws Railroads. of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations and to regulate the same." PASSED May 3, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 140, SECTION 1. Section eighteen of an act to amend an act entitled "An Aniending act to authorize the formation of railroad corporations and to regulate Laws 1850. the same," passed April second, eighteen hundred and fifty, is hereby 3 Edm. 617. amended, so as to read as follows: § 18. A certified copy of the order so to be made as aforesaid shall Order, be recorded at full length in the clerk's office of the county in which where to So in the original. See ch. 452, L. 1875, ante, p. 151. There is no "section 12" in the act be corded. of 1848. |