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CHAP 89

tion.

Baptist AN ACT securing to Baptist churches of the State of New churches.

York the benefits of incorporation, and repealing chapter six hundred and thirty-three of the laws of eighteen hundred and seventy-three, entitled "An act to authorize the incorporation of Baptist churches in the State of New York, and supplementary to an act entitled 'An act to provide for the incorporation of religious societies,' passed April fifth, eighteen hundred and thirteen."

PASSED May 15, 1876. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Incorpora- SECTION 1. It shall be lawful for any Baptist church now organized,

or that may hereafter be organized in this State, to secure the benefits

of incorporation according to the provisions of this act. Trustees. § 2. The members of any such church, of full age, and every person

of full age who shall, for one year preceding, have been a paying pewholder, or seat-ho!der in the place of worship of said church, or shall have been during said year a yearly paying subscriber for the support of said church, may assemble at the place of worship of said church, und by a majority of the votes of such persons elect three, six or nine of said qualified voters as a board of trustees, and such trustees and their successors shall be a body corporate by the title expressed in the

certificate hereinafter required to be filed. Notice of § 3. Public notice shall be given of the meeting for the first election election of trustees under this act, and also of all subsequent meetings for the

election of trustees, at one regular service of the church on each of the two Sundays next preceding such elections, the object, time and place

of such meetings to be distinctly stated in said notices. Term of $ 4. The trustees thus elected shall be so divided by lot at the first

election that one-third of them shall go out of office at the expiration of one year, one-third at the end of two years, and one-third at the end of three years; and thereafter the term of service of one-third of their number shall expire annually, and their place or places shall be filled

by a new election, as provided in section third. To ille § 5. The trustees first elected shall file in the office of the clerk or certificate.

register of the county in which the church is located, a certificate of their election, duly signed by the chairman and secretary of the meeting at which said election took place, and thenceforth the board of trustees so organized shall be a body corporate by the name expressed

in the certificate so filed. Such trustees shall hold regular meetings meetings. for business at such time and place as they may appoint, and special

meetings may be called by any three of them; a majority of the whole number should be a quorum for the transaction of business, and a ma

jority of the votes cast on any question shall decide such question. Powers of 8 6. Such trustees shall have and use a common seal, and may renew trustees.

and alter the same at their pleasure, and shall take charge of the property of said church, both real and personal; transact all business relating to the renting of pews, the payment of the pastor's salary, and all the other temporalities of said church ; but such trustees shall have no right to divert the property of said church from uses appointed by the church, or to settle or remove any pastor or minister of said church,

office.

Trustee

or to change or determine his salary or compensation ; or to fix oi change the times, nature or order of the public or social worship of said church; or to alienate, sell or incumber the property of said church, or to incur debts beyond what may be necessary for the proper care, repairs and preservation of the property of said church, unless such authority is specially conferred by said church upon such trustees; and such authority to alienate, sell or incumber shall be valid only when approved by a majority present at a meeting of the persons qualified to vote for trustees, such meeting to be called as provided in section third of this act. In other respects the trustees shall have all the rights, powers and duties granted by law to trustees of religious corporations.

$ 7. Whenever a person elected trustee shall, for the term of six con- Vacancy. secutive months, cease to attend and to support the worship of said church, his place may be declared vacant by an official notice of the board of trustees to the church, and a new election shall be ordered to fill such vacancy, as provided in section third of this act.

(Another section was added by ch. 136, Laws 1879.)

CHAP.881. . AN ACT in relation to the Western New York Institution for

Deaf Mutes.

Passed May 15, 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 Western New York Institution for Deaf Mutes, at Rochester, is hereby authorized to receive deaf and dumb persons between the ages of twelve and twenty-five years, eligible to appointment as State pupils, and who may be appointed to it by the Superintendent of Public Instruction, and the Superintendent of Public Instruction is authorized to make appointments to said institution in the same manner and upon the same conditions as to the New York Institution for the Instruction of the Deaf and Dumb.

§ 2. Supervisors of towns and wards and overseers of the poor are hereby authorized to send to the Western New York Institution for Deaf Mutes, deaf and dumb persons between the ages of six and twelve years, in the same manner and upon the same conditions as such persons may be sent to the New York Institution for the Instruction of the Deaf and Dumb, under the provisions of chapter three hundred and twenty-five of the laws of eighteen hundred and sixty-three. 83. This act shall take effect immediateiy.

39

Murder.

5 id. 149.

CHAP 488.
AN ACT to amend chapter six hundred and forty-four of the

laws of eighteen hundred and seventy-three, in relation to
the crime of murder.

PASSED May 15, 1876; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending SECTION 1. Section one of chapter six hundred and forty-four of Laws 1873. the laws of eighteen hundred and seventy-three, entitled “An act to 9 Edm. 967. amend an act entitled “an act to repeal chapter four hundred and ten,' 2 id. 677. passed April fourteenth, eighteen hundred and sixty, and chapter three

hundred and three, passed April seventeenth, eighteen hundred and sixty-one, and to divide the crime of murder into two degrees, and to prescribe the punishment of arson,” passed April twelfth, eighteen hundred and sixty-two, is hereby amended so as to read as follows:

$ 1. Section six of the act entitled “An act to repeal chapter four hundred and ten, passed April fourteenth, eighteen hundred and sixty, and chapter three hundred and three, passed April seventeenth, eighteen hundred and sixty-one, and to divide the crime of murder into two degrees, and to prescribe the punishment of arson," passed April twelfth, eighteen hundred and sixty-two, is hereby amended so as to read as follows: section five of said title shall be so altered as to read

as follows: Murder in

§ 5. Such killing, unless it be manslaughter, or excusable or justidegree. fiable homicide, as hereinafter provided, shall be murder in the first

degree, in the following cases : First, when perpetrated from a deliberate and premeditated design to effect the death of the person killed or of any human being. Second, when perpetrated by an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death

of any particular individual. Third, when perpetrated by a person Murder in, engaged in the commission of any felony. Such killing, unless it be degree.

murder in the first degree, or manslaughter, or excusable or justifiable homicide, as hereinafter provided, shall be murder in the second degree when perpetrated intentionally, but without deliberation or premied

itation. Not retro- $ 2. Indictments and prosecutions now pending, or which may be active.

hereafter instituted for any offense which shall have been committed prior to the passage of this act, shall be instituted and proceeded with in all respects as if this act had not been passed.

the first

8 * This act shall take effect immediately. See People v. Balting, 49 How. 392; Shufflin v. People, 4 Hun, 16; aff'd, 62 N. Y. 229: Fitzgerrold v. People, 37 N. Y. 413, 685; Manuel v. People, 48 Barb. 548; Ruloff's Case, 11 Abb. Pr.

Acts dangerous to others, People v. Sheriff, 1 Park. Cr. 659; Durry v. People. 10 N. Y 120; Blake v. People (Ct. App ), 17 Alb. Law Jour. 292 ; People v. Buel, 18 Hun, 487; aff'd, 78 N. Y. 492; People v. Cor, 19 Hun, 430 (aff'd in Ct. App.).

245.

* So in the original,

CHAP 889.
AN ACT authorizing the appointment of extra guard and an

engineer at the Auburn prison.

PASSED May 15, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. In addition to the number of guards now authorized by law at the Auburn prison, the Inspectors of State Prisons may when the number of convicts exceed in number the number of cells thereat, appoint one additional or extra guard for each thirty convicts or a fractional part thereof, which may be from time to time confined in said prison in excess of the number of cells therein, for the purpose of guarding such excess of convicts nights, and the compensation of such guard shall be the same as allowed by law to guards at said prison.

$ 2. The Comptroller is hereby authorized and directed to allow payment for such extra guard that may have been employed at said prison since the first day of December, one thousand eight hundred and seventy-five, in guarding the excess of convicts over the number of cells in said prison, at the same compensation and in the same rates as provided for in section one of this act.

$3. The said Inspectors of State Prisons may appoint an engineer at the Auburn prison, and his compensation shall be seventy-five dollars

per month. $4. This act shall take effect immediately.

CHAP 840.
AN ACT to amend the act entitled "An act to construct and

protect sidewalks along highways,” passed March tenth,
eighteen hundred and sixty.

PASSED May 15, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Sections one and two of the act entitled “An act to Amending construct and protect sidewalks along highways,” passed March tenth, Laws'1860. one thousand eight hundred and sixty, are hereby amended so as to 3 Edm. 544. read as follows:

$ 1. It shall be lawful for any person owning or occupying lands Sidewalks adjoining a highway, road or lane, to construct a sidewalk within said to be conhighway, road or lane, along the line of such land or the lands of others, with the consent of such owner or owners, and when a sidewalk shall be or has been so constructed, every person or persons who shall ride, drive or lead a horse or team upon any such sidewalk, except for the purposes of crossing the same, shall forfeit not less than two nor more than five dollars for each offense, in the discretion of the court, one-half for the use of the complainant and the other half to the overseer of the road district, to be expended in the improvement of sidewalks therein, to be recovered in any court having cognizance thereof, with costs of suit.

Neglect to prosecute for penalty,

§ 2. Whenever any owner or occupant of any such land shall refuse or neglect to prosecute for the forfeiture incurred by such trespass, it shall be lawful for any other party or person interested or who shall reside in the said district in which the sidewalk is constructed, to prosecute in his own name the person or persons so incurring such forfeiture, the proceeds of which shall go, one-half to the prosecutor for his trouble and expense and the other half for the improvement of sidewalks, as in section first.

ance.

Amended

,

567.

CHAP 341. Life insur- AN ACT regulating the forfeiture of life insurance policies.

PASSED May 15, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. No life insurance company doing business in the State 321, post, p. of New York shall have power to declare forfeited or lapsed any policy

hereafter issued or renewed, by reason of non-payment of any annual premium or interest, or any portion thereof, unless a notice in writing, stating the amount of annual premiums or interest due and when due on such policy, and the place where said premium or interest may be paid, shall have been duly addressed and mailed by the company issuiing such policy to the insured, postage paid, at his or her last known post-office address, not less than thirty nor more than sixty days next before such payment becomes due, according to the terms of such policy.

§ 2. The affidavit of any officer, clerk or agent of the company that the notice to the assured, provided for in section one, has been duly addressed and mailed by the company issuing such policy to the assured. shall be presumptive evidence of such notice having been duly given,

8 3. This act shall take effect immediately.

See chap. 347, L. 1879, post, p. 772.

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