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CHAP. 454. An act in relation to the change of grades of streets and avenues in the

twenty-third and twenty-fourth wards of the city of New York. Passed June 16,

1877; three-fifths being present. CHAP. 455. An act to provide for widening Vernon avenue, from Third street to Jackson

avenue, in the first ward of Long Island City. Passed June 16, 1877; three-fifths being

present. CHAP. 456. An act to amend section seventy-four of title six, chapter six, part two of

the revised statutes relative to the application for moneys paid into the state treasury

by administrators. Passed June 16, 1877. CHAP. 457. An act in relation to the repaving and improvement of Fourth street from

Division avenue to Grand street, in the city of Brooklyn. Passed June 16, 1877;

three-fifths being present. CHAP. 458. An act to enable the city of Brooklyn to raise further means for the improve

ment and sale of certain portions of Prospect park in said city. Passed June 16, 1877;

three-fifths being present. CHAP. 459. An act in relation to the salaries, fees, percentages and allowances of the

officers of the city of Brooklyn. Passed June 16, 1877; three-fifths being present. CHAP. 460. An act to provide for the payment of certain sewers built in the city of

Brooklyn. Passed June 16, 1877; three-fifths being present. CHAP. 461. An act to confer the powers of harbor master on the police patrolmen de

tailed to certain docks and piers in said city by the board of commissioners of police

and excise of the city of Brooklyn. Passed June 16, 1877; three-fifths being present. CHAP. 462. An act to dispose of the surplus moneys in the hands of the commissioners

for grading Franklin avenue, in the towns of Flatbush and New Utrecht. Passed June

16, 1877; three-fifths being present. CHAP. 463. An act to amend an act, entitled “ An act to change the time of payment of

certain railroad bonds of the town of Plattsburgh, executed in aid of the New York and Canada Railroad Company, and to issue other bonds in place thereof,” passed May thirteen, eighteen hundred and seventy-six. Passed June 16, 1877; three-fifths being

present. CHAP. 464. An act to authorize the city of Rochester to acquire the title to land or other

property for the use and purposes of water-works, sewers, dumping rubbish and dirt.

Passed June 16, 1877; three-fifths being present. CHAP. 465. An act to amend the revised statutes in relation to the laying out of public

roads and the alteration thereof. Passed June 16, 1877; three-fifths being present. CHAP. 466. An act in relation to assignments of the estates of debtors for the benefit

of creditors. Passed June 16, 1877; three-fifths being present. CHAP. 467. An act to repeal section fifty-one, of chapter five hundred and five of the laws

of eighteen hundred and seventy-three,” entitled "An act to reorganize the village of

Gloversville.” Passed June 16, 1877; three-fifths being present. CHAP. 468. An act to discontinue the Charlotte turnpike and to authorize the Charlotte

turnpike company to maintain a toll-bridge across the Susquehanna river. Passed June

16, 1877. CHAP. 469. An act to amend chapter sixty-eight of the laws of eighteen hundred and

seventy-one, entitled “ An act for the incorporation of private and family cemeteries.”

Passed June 16, 1877; three-fifths being present. CHAP. 470. An act to amend chapter eight hundred and forty-nine, of the laws of eighteen

hundred and seventy-two, entitled "An act to incorporate the Buffalo Catholic Insti

tute." Passed June 16, 1877; three-fifths being present. CHAP. 471. An act to provide for the appointment of patrolmen in and for the first collec

tion district of the town of Watervliet, county of Albany. Passed June 16, 1877; three

fifths being present. CHAP. 472. An act to authorize the trustees of incorporated rural cemeteries to register

the lots thereof, and to impose a tax upon the lot owners in said cemeteries, in the coun

ties of Kings and Queens. Passed June 16, 1877; three-fifths being present. CHAP. 473. An act to provide for the determination and payment of claims for goods,

merchandise and material furnished, and labor performed, in fitting up and furnishing armories and drill-rooms in the city of New York. Passed June 22, 1877; three-fifths being present.

CHAP. 474. An act to provide for the collection of the unpaid assessments for the open

ing, regulating and grading of Franklin avenue in the towns of Flatbush and New

Utrecht. Passed June 22, 1877; three-fifths being present. CHAP. 475. An act to grant to the city of Yonkers, for highway purposes, certain land

below original high-water mark in the Hudson river, and to authorize the building of a bridge over the tracks of the New York Central and Hudson River railroad upon such land. Passed June 22, 1877; three-fifths being present.

CONCURRENT RESOLUTIONS:
Relative to printing the report of the State Engineer and Surveyor on Railroads, for

eighteen hundred and seventy-six. Passed April 10, 1877.
Relative to the reduction of canal tolls. Passed May 4, 1877.
In reference to a soldiers' home for the State of New York. Passed May 8, 1877.
Relative to the abolition of tolls or in the imposition of a nominal rate of tolls on cer-

tain articles and commodities. Passed May 8, 1877. Relative to repeal of bankrupt laws. Passed May 15, 1877. Relative to printing the census. Passed May 16, 1877. PROPOSING AN AMENDMENT to the Constitution to be known as article seventeen thereof.

Passed May 18, 1877. Relative to canal tolls on rived hoops. Passed May 20, 1877. PROPOSING AN AMENDMENT to article three of the Constitution. Passed May 22, 1877. PROPOSING AN AMENDMENT to article two of the Constitution. Passed May 22, 1877. PROPOSING AN AMENDMENT to section six of article sic of the Constitution. Passed May

22, 1877.

GENERAL STATUTES

OF THE

STATE OF NEW YORK,

PASSED AT THE

100th SESSION, 1877.

who may

CHAP. 10.
AN ACT to amend chapter six hundred and thirteen of the

laws of eighteen hundred and seventy-five, entitled “ An act
to authorize the formation of corporations for the safe-keep-
ing and guaranteeing of personal property.”

Passed February 5, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one of chapter six hundred and thirteen of the Amending laws of eighteen hundred and seventy-five, entitled “ An act to author- Laws, 1876, ize the formation of corporations for the safe-keeping and guarantee. ante, p. 232. ing of personal property,” is hereby amended so as to read as follows: $ 1. At any time hereafter, any five or more persons

desire

Certificate to form a company for the purpose of taking and receiving upon de- of incorpoposit, as bailee for safe-keeping and storage, jewelry, plate, money, specie, bullion, stocks, bonds, securities and valuable papers of any kind, and other valuables, and guaranteeing their safety upon such terms and for such compensation as may be agreed on by such company and the respective bailors thereof, and to let out vanits and safes and other receptacles for the uses and purposes of such corporation, 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 business of the corporation shall be carried on, and duplicates thereof in the office of the secretary of state, and in the banking department of the state, a certificate in writing, in which shall be stated the corporate name of the said corporation, which shall be in po material respect similar to the name of any other corporation organized and engaged in the business of receiving valuables on deposit for safe-keeping, for hire, or of letting out safes, and doing busi

ration.

ness in the same or an adjoining county; the oojects, for which the corporation shall be formed; the amount of the capital stock of the said corporation (which shall not exceed one million dollars, nor be less than one hundred thousand dollars, except in cities and villages of less than one hundred thousand inhabitants, in which the capital stock may be not less than fifty thousand dollars); the term of its existence not to exceed fifty years; the number of shares of which the said stock shall consist; the number of trustees and their names, residence, occupation and post-office address, who shall manage the concerns of the said corporation for the first year, and the name of the place in which the operations of the said corporation are to be carried on. No company organized under this act shall be authorized to commence or transact business until the whole amount of the capital stock shall have been paid in.

But the capital stock of any corporation organized under this act may be increased to an amount not to exceed one million dollars by the board of trustees on application in writing, signed by the stockholders representing a majority of the stock. statement of such increase shall be filed in the offices aforesaid.

8 2. This act shall take effect immediately.
As to the power of National bank to receive deposits for safe-keeping, see First
National Bank v. Ocean National Bank, 60 N. Y. 181 ; Wiley v. First National
Bank, 47 Vt. 546 ; S. C., 19 Am. Rep. 122 ; First National Bank v. Graham, 29
P. F. Smith, 106; Whitney v. Bank, 18 Alb. L. J. 471.

CHAP 11. County AN ACT to extend the powers of county judges while in counties other judges. than their own for the purpose of holding courts therein.

Passed February 6, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. During the period that any county judge shall be in a county Powers and duties other than his own, for the purpose of holding courts therein, he may exercise in other all the powers and perform all the duties of the county judge of such other counties.

county, which said last-mentioned judge is by law authorized to exercise and
perform out of court or in vacation; provided, however, that nothing herein con-
tained shall empower him to perform the duties of surrogate in such other
county.
$ 2. This act shall take effect immediately.

Compensation for holding court out of county, Laws 1872, ch. 767, S 5.

9 Edm. 473.

CHAP. 16. Villages.

AN ACT to amend chapter two hundred and ninety-one of the laws

of eighteen hundred and seventy, entitled “ An act for the incorporation of villages.'

Passed February 13, 1877 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do

enact as follows : Amending SECTION 1. Subdivision twenty-three of section three of title three of chapLaws 1870, ch. 291. 7

ter two hundred and ninety-one of the laws of eighteen hundred and seventy, Edm. 689. entitled “An act for the incorporation of villages,” is hereby amended so as

to read as follows: Powers of 23. To regulate the use of candles, kerosene or burning materials of

any kind, or lights or fires in barns and stables, and other places liable regulate use of in- to take fire, and to control the construction of buildings, as to material, materials, and prescribe the limits within which wooden buildings shall not be

trustees to

built, and prescribe the penalty not exceeding one thousand dollars, for
a violation of any ordinance passed relating thereto.
$2. This act shall take effect immediately.
See 7 Edm. Stat. at Large, 689. As to fire limits and building materials,

City of Troy v. Winters, 4 T. & C. 256; S. C., 2 Hun, 63; Mayor of Hud-
son v. Thorne, 7 Paige, 261; 1 Dill. Mun. Corp., $ 338. Act is constitu-
tional, Respublica v. Duquet, 2 Yeates (Pa.), 493. Removing wooden
building into the fire limits is within statute, Wadleigh v. Gilman, 12
Me. 403. Difference between “erecting” and “repairing,Brady v.
Ins. Co., 11 Mich. 425, 449; Brown v. Hunn, 27 Conn, 332; Stewart v.
Com., 10 Watts, 307. Remedy against wrong-doer by private action,
Aldrich v. Howard, 7 R. I. 199. Action against city for permitting
buildings within fire limits, Forsyth v. Mayor, 12 Am. Rep. 576.

CHAP 24.
AN ACT in relation to the Superintendent of State Prisons.

PASSED February 17, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The Superintendent of State Prisons shall receive an annual sal- Salary. ary of six thousand dollars, payable quarterly by the Treasurer, on the warrant of the Comptroller, and in addition thereto all reasonable and necessary traveling expenses by him actually incurred and paid in the discharge of his official duties, not exceeding the sum of one thousand dollars per annum, and a further sum of one thousand dollars per annum, or so much thereof as may be necessary for clerk hire, of all of which expenses he shall keep an account by items, and verify the same by his oath, to be filed with the Comptroller.

§ 2. Within ten days from the time of notice of his appointment the Super- To take intendent shall take and subscribe the oath of office prescribed by the Consti- and ale

. tution, and file the same in the office of the Secretary of State, and shall be in all respects subject to the provisions of the sixth title of chapter five of the first part of the revised statutes, as far as the same may be applicable, and within such ten days he shall give to the People of the State of New York a

To give bond in the penal sum of twenty-five thousand dollars, with two good sure- bond. ties, to be approved by the Comptroller, conditioned for the faithful discharge of the duties of his office.

§ 3. So appointment shall be made in any of the prisons of this State on Rules for grounds of political partisanship; but honesty, capacity and adaptation shall appointconstitute the rule for appointments, and any violation of this rule shall be ment. sufficient cause for removal from office of the Superintendent.

4. This act shall take effect immediately.

CHAP 7.
AN ACT establishing the salary of the deputy comptroller and making

appropriations for certain expenses of the government, and supply-
ing deficiencies in former appropriations, for the fiscal year ending
September thirtieth, eighteen hundred and seventy-seven.

PASSED February 26, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The treasurer shall pay, on the warrant of the comptroller, from Appropria the general fund, the several sums hereinafter named, which are hereby appropriated to the objects and persons indicated in this act, or such parts thereof

tion.

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