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CHAP 176.

societies.
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 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:

SECTION 1. The rector, wardens and vestrymen or, the trustees, con- Who to sistory or session of any church, congregation or religions society, incor- administer porated ander any of the laws of this state, shall administer the tempo- talities. 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.

§ 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.

$ 3. Any two or more of the corporations aforesaid, are hereby Consolidaauthorized to unite and consolidate themselves into a single corpora- tiomaticos tion of the denomination to which at least one of such corporations Amended shall belong, in the manner following: The said corporations may 10, 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

Order 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, inake 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

934.

Supreme

tions of the consolidated

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 subobliga

ject to all the obligations of religious corporations under the act to

which this is supplementary, and the acts amendatory thereof and corpora supplementary thereto. tion.

8 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.

8 5. This act shall take effect immediately.

CHAP. 18.

Accom

, 12

Criminal

AN ACT in relation to evidence in criminal cases. evidence.

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.

ch. 319, Laws 1848.

AN ACT further to amend chapter three hundred and nine

teen 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:

SECTION 1. Chapter three hundred and nineteen of the laws of Amending eighteen hundred and forty-eight, entitled "An act for the incorporation 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 foīlows:

§ 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 148.

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:

SECTION 1. Section eighteen of an act to amend an act entitled “An Anvending act to authorize the formation of railroad corporations and to regulate Laws 1860. the same," passed April second, eighteen hundred and fifty, is hereby 3 Edm.

617. amended, so as to read as follows:

8 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

corded.

So in the original. See ch. 452, L. 1875, ante, p. 151. There is no "section 12" in the act of 1848

company

order

the land described in it is situated, and thereupon and on the payment or deposit by the company, of the sums to be paid as compensation for the land, and for costs, expenses and counsel fees as aforesaid, and as directed by said order, with interest from the date thereof, the company shall be entitled to enter upon, take possession of and use the

said land for the purposes of its corporation, during the continuance Its effect. of its corporate existence, by virtue of this or any other act; and all

persons who have been made parties to the proceedings shall be divested and barred of all right, estate and interest in such real estate

during the corporate existence of the company as aforesaid. If the When the company shall neglect to have such order recorded and to make the neglect

payment or deposit as herein provided, for the period of ten days after to have

the date of such order, any party to such proceedings and interested recorded. therein may, at his election, cause a certified copy of the said order to

be recorded as aforesaid, and thereupon the moneys therein directed to be paid, with interest thereon from the date of said order, shall be a debt against the company, and the same shall be a lien on such real estate and may be enforced and collected by action at law or in equity in the Supreme Court with costs, except nevertheless, the company may abandon such proceedings by filing within thirty days, after notice in writing, of such recorded order, in the office of such clerk, a notice of its determination to do so, and paying the reasonable costs and expenses of such party to be ascertained and adjusted, on motion by the court, making such order. But, in case of such abandonment, the company shall not renew proceedings to acquire title to such lands

without a tender or deposit in court of the amount of said award and Real estate the interest thereon. All real estate acquired by any company under quired for and pursuant to the provisions of this act, for the purposes of its incorpublic use. poration, shall be deemed to be acquired for public use. Within Appeals. twenty days after the confirmation of the report of the commissioners,

as provided for in the seventeenth section of this act, either party may appeal, by notice in writing to the other, to the Supreme Court, from the appraisal and report of the commissioners. Such appeal shall be heard by the Supreme Court at any general or special term thereof,

on such notice thereof being given according to the rules and pracNew tice of said court. On the hearing of such appeal the court may direct appraisal.

a new appraisal, before the same or new commissioners in its discretion; the second report shall be final and conclusive on all the parties interested. If the amount of the compensation to be paid by the company is increased by the second report the difference shall be a lien on the land appraised, and shall be paid by the company to the parties entitled to the same, or shall be deposited in the bank, as the court shall direct; and if the amount is diminished the difference shall be refunded to the company by the party to whom the same may have been paid, and judgment therefor may be rendered by the court on the filing of the second report, against the party liable to pay the same. Such appeal shall not affect the possession by such company of the land appraised, and when the same is made by others than the company, it shall not be heard, except on a stipulation of the party appeal

ing not to disturb such possession. Notice § 2. Whenever any land required by a railroad company for the purwhen the land poses of its road, is contained in, or forms a part of any street or avenue required in any city or village in which the owners of adjoining lands on the forms part

line of such street or avenue claims a right of property or the fee 57 N. Y. 249. thereof, in such case the notice to be given of the application for the

appointment of commissioners under the special proceedings under

When heard.

of street.

the act to acquire title to such land as well as the notice of hearing before such commissioners shall be served by the publication of the said notice twice each week, for three weeks, in at least two newspapers published in the county in which such city or village is located, to be designated by the court to which the said application is to be made.

$ 3. This act shall take effect immediately.

CHAP. 01.
AN ACT to prevent frauds in the sale of staterooms, berths and

tickets upon steamboats, and steamships, and other vessels. PASSED May 4, 1876 ; [three-fifths being present), 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. No person shall sell or offer to sell, within the limits of Sale of this State, any berth, stateroom, or right to the same, or either of them, tickets, or any right of passage, on any steamboat, steamship, vessel or line, etc. except an agent duly authorized and appointed as hereinafter provided by the person or persons, company or companies, owning or running the same. Nor shall any person, except such an agent as aforesaid, sell or attempt to sell, within the limits of this state, any ticket, instrument or token, giving or granting, or purporting to give or grant, to any one the use of any berth, stateroom or place on any steamboat, steamship or other vessel, nor shall any person sell or attempt to sell any berth or stateroom ticket or any stateroom key, or the right to use the same, or the right to use any berth or stateroom, or any part thereof, upon any steamboat, steamship or other vessel, at a price or for a sum greater than that charged at the time of such sale, by those owning or running such steamboat, steamship or other vessel, for or upon which the same were sold. No person shall be deemed a duly authorized agent as aforesaid unless he shall have been appointed by instrument in writing which shall designate the name of the company, line, steamboat, steamship or vessel for which he shall act as agent, together with the street and number of the street, and the city, town or village in which his office shall be kept for the sale of such tickets, tokens or instruments; and he shall be required, in any case of inquiry or examination into his authority, to show the same affirmatively. But if any person shall have bought any ticket in good faith for his own passage, and shall have been prevented from using the same, he shall be permitted to sell such ticket at the regular rate established therefor, to any other bona fide purchaser for his own use, and upon proof of such facts, he shall not be held to have violated this act.

8 2. Every person violating any of the provisions of this act shall be deemed guilty of a misdemeanor.

8 3. Nothing in this act shall be so construed as to prevent the Limitaowner or owners, or the consignees of any line ship, steamboat, or any tion. ticket clerk thereof, from selling tickets or other instruments, in the ticket office upon such ship, steamship, steamboat or vessel, or in the office of the persons or company running the same.

§ 4. This act shall take effect immediately.

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