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.

82. This act shall take effect immediately.
As to the power of National bank to receive deposits for safe-keeping, see First
National Bunk 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.

CIIAP. 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

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.

in other

9 Edm. 473.

CILAP. 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:

Section 1. Subdivision twenty-three of section three of title three of chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, 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 use of in- to take fire, and to control the construction of buildings, as to material, flammable materials and prescribe the limits within which wooden buildings shall not be

Amending
Laws 1870,
ch. 291. 7
Edm. 689.

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. 250; S. C., 2 Hum, 63; Mayor of Hu-
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 y. Gilman, 12
Me. 403. Difference between “erecting” and “repairing, Brady v.
Ins. Co., 11 Mich. 425, 419; Broun V. Hunn, 27 Conn, 332; Sterrart 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 mact 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 áll 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 doilars 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 ile

. 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 sufficient cause for removal from office of the Superintendent.

$ 4. This act shall take effect immediately.

CHAP 27.
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

tion. 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

allow

etc.

comp

comptroller

State hall.

State

tendent of

Comp- as shall be sufficient to accomplish in full the purposes designed by the approtroller to audit and priations; but no warrant shall be issued, except in cases of salaries, until the

amounts claimed shall have been audited and allowed by the comptroller, who cialms,

is hereby authorized to determine the same, and to require detailed statements,

in items, verified by affidavit. Salary of The salary of the deputy comptroller is hereby fixed at three thousand five deputy

hundred dollars per annum, from the first day of December, eighteen hundred troller. and seventy-six, and the sum of one thousand two hundred and fifty dollars is

hereby appropriated to supply deficiency in said salary to September thirty, Office of eighteen hundred and seventy seven, and the balance of appropriation, per second deputy

chapter one hundred and ninety-two, laws of eighteen hundred and seventysix, for the salary of the second deputy comptroller, amounting to two thou

sand nine hundred and sixteen dollars and sixty-eight cents is hereby re-approabolished.

priated for the general expense of the government, and the office of second

deputy comptroller is hereby abolished. Wasson,

The comptroller is hereby authorized to pay six hundred dollars, being inJohn T., heirs of terest at six per cent on ten thousand dollars due the widow and heirs-at-law

of the late John T. Wasson, upon a certificate issued under chapter eight hundred and thirty, laws of eighteen hundred and sixty-eight, to October first,

eighteen hundred and seventy-seven, payable semi-annually. Capitol. For repairs, cleaning, labor, gas and other necessary expenses of the capitol,

twelve thi'usand dollars.

For repairs, cleaning, labor, gas and other necessary expenses of the state hall, three thousand dollars.

For repairs, cleaning, labor, gas, transportation of books and other neceslibrary.

sary expenses of the state library, eight hundred dollars. omice of For furniture, books, binding, blanks, printing and other necessary expenses superin

of the office of the superintendent of public instruction, one thousand five public in- hundred dollars.

For furniture, books, binding, blanks, printing and other necessary expenses Office of state engi

of the office of the state engineer and surveyor, three hundred dollars.

For furniture, books, binding, blank, printing and other necessary expenses surveyor. Omce of

of the office of comptroller, five hundred dollars.

For payment to commissioners of money received into the treasury for taxes troller.

on lands of non-residents appropriated to the construction of roads, ten thouCommis. sioners for sand dollars. building For the electors of president and vice-president and for special messengers roads. Presiden

for compensation, three thousand dollars.

For the maintenance of convicts sentenced to penitentiaries, in pursuance of

chapter one hundred and fifty-eight, laws of eighteen hundred and fifty-six, Convicts,

chapter five hundred and eighty-four, laws of eighteen hundred and sixty-five, nance of, chapter six hundred and sixty-seven, laws of eighteen hundred and sixty-six, at peniten. tiaries.

chapter five hundred and seventy-four, laws of eighteen hundred and sixtynine, chapter two hundred and forty seven, laws of eighteen hundred and seventy-four, and chapter five hundred and seventy-one, laws of eighteen hun

dren and seventy-five, seven thousand dollars. Sheriffs, The comptroller is hereby authorized to pay to sheriffs mileage and the porting actual expenses incurred by him* for maintenance, for the transportation for convicts convicts to the State Reformatory at Elmira, and such reasonable compensation to State Reforma

struction,

neer and

comp

tial electors.

mainte

CHAP 28.

tial elec

AN ACT to amend section twenty-nine of article third, chapter Presiden

sixth, title sixth, of part first of the revised statutes, relating tions. to the compensation of electors of president and vice-president of the United States.

PASSED March 1, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section twenty-nine of article third, chapter sixth, title Amending sixth of part first of the revised statutes is hereby amended so as to i Edm.144. read as follows:

8 29. Every elector of the state for the election of a president and Compenvice-president of the United States, who shall attend at any election sation of of those officers and give his vote at the time and place appointed by law, shall be entitled to receive for his attendance at such election, the sum of fifteen dollars per day, together with ten cents per mile, each way, from his place of residence, by the most usual traveled route, to the place of the meeting of said electors, to be audited by the comp- Comptroller upon the certificate of the secretary of state, and paid by the trodierato treasurer.

ac

count.

CHAP 81.

amended.

AN ACT to amend chapter one hundred and thirty-three of Rural

the laws of eighteen hundred and forty-seven, entitled “ An cemeteries act authorizing the incorporation of rural cemetery associations."

PASSED March 3, 1877 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section ten of chapter one hurdred and thirty-three of Laws 1847, the laws of eighteen hundred and forty-seven, entitled "An act author- ch.133, izing the incorporation of rural cemetery associations," is hereby 3 Edm.748. amended so as to read as follows:

$ 10. The cemetery lands and property of any association formed pur. Exempsuant to this act, and any property held in trust by it for any of the tionet purposes mentioned in section nine of this act, shall be exempt from all public taxes, rates and assessments, and shall not be liable to be sold on execution, or be applied in payment of debts due from any individual proprietor. But the proprietors of lots or plots in such cemeteries, their heirs or devisees, may hold the same exempt there- rights. from, so long as the same shall remain dedicated to the purposes of streets, a cemetery, and during that time no street, road, avenue or thorough- nadu and fare shall be laid out through such cemetery, or any part of the lands through. held by such association for the purposes aforesaid, without the con

sent of the trustees of such association, except by special permission of the legislature of the State.

See 3 Edm. Stat. at Large, 748; Buffalo City Cemetery v. Buffalo, 46 N.Y.

503. The above section does not exempt from assessments for local
improvements. Same v. Same, id. 506. That cemeteries will not be
sold to satisfy liens for local improvements. Louisville v. Nevin, 10

Bush, 549; 19 Am. Rep. 78.
As to foreclosure of mortgage given by lot owner, Lauts v. Buckingham,

11 Abb. N. S.) 64; 4 Lans. 484.
Equity will restrain invasion of cemeteries, ex. gr., by high way officers.

Trustees v. Walsh, 57 Il. 363; 11 Am. Rep. 21. See L. 1879, ch. 310, post, p. 763.

Public instruction.

Laws 1864, ch, 555.

Collector of taxes to give certain notices.

CIIAP. 33.
AN ACT to amend chapter five hundred and fifty-five of the

laws of eighteen hundred and sixty-four, entitled “An act
to revise and consolidate the general acts relating to public
instruction."

PASSED March 3, 1877; three-fifths being present. The People of the State of New York, represented in Senate ana

Assembly, do enact as follows: Amending SECTION 1. Section eighty-four, article seven, title seven, of chapter

ive hundred and fifty-five of the laws of eighteen hundred and sixty. 6 Flm. 344. four, entitled “ An act to revise and consolidate the general acts relat

ing to public instruction,” is hereby amended so as to read as follows

§ 84. The collector, on the receipt of a warrant for the collection o. taxes, shall give notice to the tax-payers of the district, by publicly posting written or printed, or partly written and partly printed, notices in at least three public places in such district, one of which shall be on the outside of the front door of the school-house, stating that he has received such warrant and will receive all such taxes as may be voluntarily paid to him, within two weeks from the time of posting said notice. Such collector shall also give a like notice, either personally or by mail, at least ten days previous to the expiration of the two weeks aforesaid, to the ticket agent at the nearest station of any railroad corporation assessed for taxes, upon the tax list delivered to him with the aforesaid warrant, and no school collector shall be entitled to recover from any railroad corporation more than one per cent fees on the taxes assessed against such corporations, unless notice shall have been given as aforesaid, and in case the whole amount of taxes shall not be so paid in, the collector shall forth with proceed to collect the same. He shall receive for his services on all sums paid in as aforesaid, one per cent, and upon all sums collected by him after the expiration of the time mentioned, five per cent, except as hereinbefore provided, and in case a levy and sale shall be necessarily made by such collector, he shall be entitled to traveling fees, at the rate of ten cents per mile, to be computed from the school-hour in such district.

8 2. This act shall take effect immediately.

Fees.