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ing of the inhabitants for the appointment and payment of a clerk, then and in that case the board will appoint one of their own number to act as clerk. In districts other than those whose limits correspond Treasurer

and with those of any city or incorporated village, said board shall have collector. power to appoint one of the taxable inhabitants of their district treasurer, and another collector of the moneys to be raised within the same for school purposes, who shall severally hold such appointments during the pleasure of the board. Such treasurer and collector shall each, and within ten days after notice in writing of his appointment, duly served upon him, and before entering upon the duties of his office, execute and deliver to the said board of education a bond, with such sufficient penalty and sureties as the board may require, conditioned for the faithful discharge of the duties of his office. And in case such bond shall not be given within the time specified, such office shall thereby become vacant, and said board shall thereupon, by appointment, supply such vacancy.

CHAP 168.

AN ACT to amend chapter three hundred and ninety-five of

the laws of eighteen hundred and fifty-nine, entitled “An act in relation to the colonial history of the state, and the natural history thereof."

PASSED April 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. Section three of chapter three hundred and ninety-five, of the laws of eighteen hundred and fifty-nine, entitled “ An act in relation to the colonial history of the state, and the natural history thereof,” is hereby amended so as to read as follows:

§ 3. The volumes of the natural history of the state hereafter to be Volumes published shall, when sold, be disposed of at not less than two dollars of natural

history. and fifty cents each, instead of the price now fixed by law; provided, always, that all colleges, academies, scientific institutions and library Proviso. associations, which own the volumes already published, or the greater part of then, shall have the right to complete their sets on the terms heretofore established for that purpose. And the conditions applicable to colleges, academies and scientific institutions, shall be extended to the author of said volumes of natural history, who shall have the privilege of purchasing such copies, not exceeding one hundred in number, of any and every volume, as he may need for completing any Bets in his possession, and for presentation to scientific correspondents and societies.

8 2. This act shall take effect immediately.

CHAP 164.

Commis

AN ACT to amend chapter four hundred and forty of the

laws of eighteen hundred and seventy-three, entitled “An act requiring commissioners of highways to act as inspectors of plank-roads and turnpikes.''

PASSED April 18, 1877. The People of the State of New York, represented in Senate and

Assembly do enact as follows: Amending SECTION 1. Section three of chapter four hundred and forty of the Laws 1873. laws of eighteen hundred and seventy-three, entitled “ An act requir9 Edm.612. ing commissioners of highways to act as inspectors of plank-roads and

turnpikes," is hereby amended so as to read as follows:

3. It shall be the duty of said officers to personally inspect the whole higheray of such plank or turnpike roads or such part thereof as sie in their reto inspect spective towns, villages or cities, at least once in each month, and in plank and turnpike

case the same shall be out of repair, or in such condition that the roads and same cannot be conveniently used by the public, to give notice in writing to give notice to thereof immediately to the toll-gatherer, or person attending the gate repair.

nearest to each place out of repair, or in bad condition, to cause such road to be put in good condition within forty-eight hours from the service of such notice or in default thereof, to order the toll gate or gates upon said road to be immediately thrown open, and such gate or gates shall not be closed until such road shall be fully repaired, or be in proper condition, to the satisfaction of said officers, or a majority thereof. The notice to said toll-gatherer shall point out the part of such road to which the said officers shall object. The fees of each of

. point out. Fees for

said officers for the services in this section mentioned shall be two dol

lars for each day actually employed in such service, to be paid by the services.

corporation or persons whose road shall be so inspected by said officers, in case they shall order said toll-gate or gates to be thrown open, but

otherwise, to be charged, audited and paid in the same manner as the Appeal.

other fees and expenses of commissioners of highways. Any party feeling himself aggrieved by the order of said plank-road inspectors, may appeal therefrom to the county court of the county in which the

part of the road embraced in said order is situated, said appeal to be Notice of brought within twenty days after the service of said order. The notice appeal.

of appeal shall be served upon one of said inspectors and a copy thereof shall be filed in the county clerk's office. The appeal may be brought on to hearing upon a notice of not less than five days, and

the county court shall always be open for the purpose of hearing and Hearing. determining such appeal. The said court shall proceed to hear said

appeal, and after hearing the proofs and allegations of the parties, may
affirm, reverse, or modify said order. During the pendency of such
appeal, said toll-gate or gates shall remain open.
§ 2. This act shall take effect immediately.

See Syracuse, etc., Plank-road Co. v. People, 66 Barb. 25; Suydam v. Smith,

52 N. Y.383; Braden v. Berry, 20 Wend. 55. This act was repealed as to Clinton, Chenango, Seneca, Queens, Orange, Essex, Cayuga, Madison and Steuben counties, by Laws 1874, ch224; as to Montgomery county, by Laws 1877, ch.530, ante, p. 177; as to Uister and Rensselaer counties, by Laws 1876, ch. 416, ante, p. 332. Madison county was again made subject to the provisions by ch.374, L. 1877; UI: ster county by ch. 176, L. 1878.

What notice to

said

CHAP 167.

crimes

on

AN ACT in relation to the indictment and punishment of criminal offenses committed on railroads within the state.

PASSED April 20, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. When any crime or offense shall have been committed Indiotwithin this state, on, in or on board of any railroad train or railroad ment for car making any passage or trip on or over any railroad in this state, or committed in respect to any portion of the lading or freight of any such railroad roads. train or railroad car, an indictment for the same may be found in any county through which, or any part of which, such railroad train or railroad car shall pass, or shall have passed, in the course of the same passage or trip, or in any county where such passage or trip shall terminate or would terminate if completed; and such indictment may be tried and a conviction thereon had, and all other proceedings to bring the offender to punishment may be had, in any such county, in the same manner and with the like effect as in the county where the offense or crime was committed.

8 2. This act shall take effect immediately.

2 R. S. 145.

CHAP 168.
AN ACT to amend section forty-two of article third, title one,

of chapter eight, of part second of the revised statutes, en-
titled “Of divorces dissolving the marriage contract.”

PASSED April 20, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section forty-two of article third, title one, chapter Amending eight, part second of the revised statutes, entitled “Of divorces dissolv

2 Edm.151. ing the marriage contract," is hereby amended so as to read as follows:

$ 42. Although the fact of adultery be established, the court may Cases in deny a divorce in the following cases : 1. Where the offense shall appear to have been committed by the may be

denied, procurement, or with the connivance of the complainant.

although 2. Where the offense charged shall have been forgiven by the injured adultery party, and such forgiveness be proved by express proof, or by the voluntary cohabitation of the parties, with the knowledge of the fact.

3. Where there shall have been no express forgiveness and no voluntary cohabitation of the parties, but the suit shall not have been brought within five years after the discovery by the complainant of the offense charged.

4. Where it shall be proved that the complainant has also been guilty of adultery under such circumstances as would have entitled the defendant if innocent to a divorce.

And in every suit brought for a divorce upon the ground of adultery,

which divorce

a

judgment shall not be rendered for the relief demanded or for any part thereof, until the plaintiff shall have produced to the court, satisfactory proof that there is no judgment or decree for a divorce upon the

a
ground of adultery, against the plaintiff in favor of the defendant in
any of the courts of this state, and the plaintiff shall be a competent
witness to prove such fact.

$ 2. This act shall take effect immediately.
The amendment consists in the addition of the last paragraph of section 1. See
Deitz v. Deitz, 4 T. & C. 565; S. C., 2 Hun, 339. Repealed 1880, ch. 245. See
Co. Civ. Proc., SS 1757-8.

CHAP 171.

ch. 737, Lawy 1873.

how

AN ACT to amend chapter seven hundred and thirty-seven of the laws of eighteen hundred and seventy-three, entitled

'An act in relation to the creation and formation of waterworks companies in towns and villages of the state of New York."

PASSED April 24, 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. Section two of chajter seven hundred and thirty-seven

of the laws of eighteen hundred and seventy-three, entitled "An act 9 Edm. 716. in relation to the creation and formation of water-works companies in

towns and villages of the state of New York,” is hereby amended so

as to read as follows: Com

§ 2. Whenever any persons to the number of seven or more shall panies, organize for the purpose of forming a water-works company in any of formed. the towns or villages of this state, they shall present to the town or

village authorities an application, setting forth the persons who propose to form said company, the proposed capital stock thereof, the proposed number and character of the shares of such capital stock, and the name or names of the streams, ponds, springs, lakes or other sources, and their locations, from which water is to be supplied. Such applications shall be signed by the persons who propose to form said company, and shall contain a request that the said town or village authorities shall consider the application of said company to supply said

town or village of this state, or the inhabitants thereof, with pure and Authori

wholesome water. Upon the presentation of such application, the

authorities of any town or village, which authorities are for the purdecide, on applica

poses of this act defined to consist for incorporated villages and towns, the board of trustees and supervisor, and for all other towns, the supervisor, justices of the peace, town clerk and commissioners of highways. Said authorities shall, within thirty days of the presentation of said application, determine by a vote of a majority of the authorities of said town or village, whether said application shall be granted; and the authorities of any town or village in this state are hereby authorized and empowered to make such determination, and when the same shall be made, to sign a certificate to that effect, and immediately trans

mit the same to the persons making such application, or either of them. Duplicate. Duplicate certificates of such determination shall be filed in the otfice to be tied of the clerk of said town or village, and in the office of the county

clerk of the county in which said town or village granting such appli.

ties to

tion.

of

cation shall be situated. The persons named in such application shall thereupon meet and organize as a water-works company, under such corporate name as they may select. They shall file in the office of the secretary of state a certificate of such organization. Said certificate Contents shal: contain the name of the corporation, the names of the members of certifof said corporation, and their residences, the amount of capital stock, the location of the office of said company. Such certificate shall be subscribed and sworn to by the president of said corporation, and shall be attested by the secretary thereof. Upon the filing of said certifi- Corporacate, said water-works company shall be known and deemed a body tion, when corporate, and shall be capable of suing and being sued by the corporate name which they shall have selected, in any of the courts of this state. The capital stock of said company shall be paid in in the

Capital manner and within the time provided by the “ Act to authorize the stook. formation of corporations for manufacturing, mechanical or chemical purposes,” passed February seventeenth, eighteen hundred and fortyeight, and the several amendments thereto; and the stockholders of said company shall be personally liable for the debts of said com- Liability panies * in the same manner and to the same extent as is provided holder. by said act and the amendments thereto; and any company

hereto

Change of före or hereafter formed under the provisions of this act or any special capital act, may increase or diminish its capital stock, by complying with the Strecke how

effected. provisions of this act, to any amount not exceeding in the aggregate two millions of dollars, subject to the provisions and liabilities of this act. But before any company shall be entitled to diminish the amount of its capital stock, if the amount of its debts and liabilities, except such as are secured by a mortgage upon its property and franchises, shall exceed the amount of capital to which it is proposed to be reduced, such amount of debts and liabilities, except those secured as aforesaid, shall be satisfied and reduced so as not to exceed such diminished amount of capital. Whenever any company formed under this act or any special act shall desire to call a meeting of the stockholders for the purpose of increasing or diminishing the amount of its capital stock, it shall be the duty of the trustees to publish a notice, signed by at least a majority of them, in a newspaper in the county, if any shall be published therein, at least three successive weeks, and to deposit a written or printed copy thereof in the post-office, addressed to each stockholder at his usual place of residence, at least three weeks previous to the day fixed upon for holding such meeting, specifying the object of such meeting, the time and place when and where such meeting shall be held, and the amount to which it shall be proposed to increase or diminish the capital ; and a vote of at least two-thirds of all the shares of stock shall be necessary to an increase or diminution of the amount of its capital stock. If at the time and place specified in the notice herein provided for, stockholders shall appear in person or by prosy, in number representing not less than two-thirds of all the shares of stock of the corporation, they shall organize by choosing one of the trustees chairman of the meeting, and also a suitable person for secretary, and proceed to a vote of those present, in person or by proxy, and if, on canvassing the votes, it shall appear that a sufficient number of votes has been given in favor of increasing or diminishing the amount of capital, a certificate of the proceedings, showing a compliance with the provisions of this act, the amount of capital actually paid in, the whole amount of debts and liabilities of the company, and the amount

a

* So in the original.

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