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Powers as to property

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hereafter be associated with them, are hereby created a body corporate, under the name of the “ New York State Bar Association.” And the said association is formed to cultivate the science of jurisprudence to promote reform in the law, to facilitate the administration of justice, to elevate the standard of integrity, honor and courtesy in the legal profession, and to cherish a spirit of brotherhood among the members thereof.

$ 2. Said corporation shall have power to acquire, by lease or purchase, suitable buildings, library and furniture for the use of the corporation ; to borrow money for such purposes and issue bonds therefor, and to secure the same by mortgage; and generally to acquire and take by purchase, gift, devise, bequest, subject to the provisions of law relating to devises and bequests by last will and testament, or otherwise, and to hold, transfer and convey all or any such real and personal property as may be necessary for attaining the objects, and carrying into effect the purposes of such corporation.

$ 3. The constitution, by-laws, rules and regulations originally laws, etc. adopted by said voluntary association shall be the constitution, by-laws,

rules and regulations of the corporation hereby created, which shall have power from time to time to alter, modify and change the same; and the members of the executive committee of said association shall be the first trustees of the corporation hereby created, and continue to be such trustees until others are elected in their places, as prescribed by said constitution and by-laws, and the several officers and committees of said association shall be the officers and committees of the corporation hereby created with the powers and duties prescribed by said constitution, by-laws, rules and regulations, until their successors shall

be similarly duly elected and installed. Property § 4. All property rights and interests of the said association now interests.

held by any or either of the officers thereof, or by any person or persons for its use and benefit, shall by virtue of this act vest in and become the property of the corporation hereby created, subject to the payment of the debts of said association if any; all interest of any member of said association and of the corporation hereby created in such property shall terminate and vest in the corporation upon his ceasing to be a member thereof.

§ 5. This corporation shall possess the powers and be subject to the liabilities prescribed by the third title of the eighteenth chapter of the

first part of the revised statutes. This corporation shall deposit & a Deposit of copy of its charter, constitution and by-laws, and of each of its annual

reports in the state library at Albany, and in each of the libraries pro

vided for the use of the justices of the supreme court in the several Deposit of counties of the state. It shall be the duty of every local bar associadocuments tion to deposit with the New York State Bar Association a copy of its

act or certificate of incorporation or its articles of association, and its constitution and by-laws and its annual report.

8 6. This act shall take effect immediately.

rights and

General powers and liabilities

ments.

associations.

CHAP 211.
AN ACT in relation to the names of insurance companies.

PASSED May 2, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. No fire, life, marine or other insurance company hereafter organ. Insurance ized under the laws of this state shall use a corporate name or title which shall compaat the time of such organization be used to designate any fire, life, marine or other insurance company already existing under the laws of this state; and it shall be the duty of the superintendent of the insurance department to reject any name which he shall deem to be so nearly similar to any already in use as to lead to confusion or uncertainty on the part of the public. $ 2. This act shall take effect immediately.

nies.

CHAP 219.

AN ACT for the relief of school districts wishing to contract with boards of education of cities, to educate their children in city schools.

PASSED' May 3, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as foilows :

SECTION 1. Whenever any school district adjoining a city by a vote of a majority of the Contract qualified voters of such district shall empower the trustees thereof, the said trustees of trustees • shall enter into a written contract with the board of education of such city, whereby all with board

the children of such district may be entitled to be taught in the public schools of such of educacity, for a period of not less than twenty-eight weeks in any school year, upon filing a copy tion. of such contract duly certified by the trustees of such school district and by the secretary of the board of education of said city, in the office of the superintendent of public instruction, such school district shall be deemed to have employed a competent teacher for such period, and shall be entitled to receive one distribution district quota each year during which such contract shall be renewed and continued.

62. The board of education of any city so contracting with any school district shall re- Board of port the number of persons of school age in such district, together with those resident in education the city, the same as though they were actual residents of the city, and shall report for the to report. pupils attending the city schools from such district to the superintendent of public instruction the same as though they were residents of such city.

83. It shall be the duty of the superintendent of public instruction to give to school Duty of commissioners such directions as may, in bis judgment, be required and proper, in rela- superintion to the reports to be inade by the trustees of such districts to school commissioners. tendent. $4. This act shall take effect immediately.

Sections 1 and 2 amended by ch. 396, L. 1879, post, p. 785.

CHAP. 24.
AN ACT to amend chapter two hundred and thirty-seven of the laws

of eighteen hundred and sixty-nine, entitled “Ăn act to amend an
act entitled an act to authorize the formation of railroad corpora-
tions, and to regulate the same, passed April second, eighteen hun-
dred and fifty," passed April seventeenth, eighteen hundred and
sixty-nine.

PASSED May 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. Chapter two hundred and thirty-seven of the laws of Amending eighteen hundred and sixty-nine is hereby amended so as to read as follows:

7 Edm. 432. § 1. Section twenty-one of the act entitled “ An act to authorize Section 21. the formation of railroad corporations, and to regulate the same,

Laws 1869, ch. 237.

3 Id. 624.

>

Addi

Water

way.

passed April second, eighteen hundred and fifty, is hereby amended by

adding thereto the following: “And if at any time after the conland, how struction of any railroad operated by steam by any company now exacquired. isting, or that may hereafter be created, such company, or any com

pany owning, operating or leasing such railroad, or any mortgagee or mortgagees in possession of such railroad, or person or persons appointed by any court of competent authority as receiver or receivers of any such railroad and in the possession of and operating the same, shall require, for the purposes of its incorporation, or for the purpose of running or operating any railroad so owned, leased or possessed as aforesaid, any real estate in addition to what has been already acquired for the purposes of such railroad, or shall require any further right to lands, or the use of lands, for switches, turnouts or for the flow of water occasioned by railroad embankments or structures now in use, or hereafter rendered necessary, or for any other purpose necessary to

the operation of such railroad; or any right to take and convey water rights.

from any spring, pond, creek or river, to such railroad, for the uses and purposes thereof, together with the right to build or lay aque

ducts, or pipes for the purpose of conveying such water, and to take Right of

up, relay and repair the same; or any right of way required for carrying away or diverting any waters, streams or floods from such railroad, for the purpose of protecting the same, or for the purpose of preventing any embankment, excavation or structure of such railroad from injuring or damaging the property of any person or parties who may be rendered liable to injury by reason of such embankment, excava

tion or structure, as the same may have been constructed previous to Acquiring such time, or may then exist; such company, or mortgagee or mortby purchase.

gagees, person or persons in possession as aforesaid, may acquire such additional real estate, or any property or real estate which they now use or occupy, or right of way or other rights hereinbefore specified, by purchasing the same of the person or parties owning the same or interested therein, or to be affected thereby, and by paying to such parties such damages as they may sustain by reason thereof, if the amount of such compensation or damages can be agreed upon between such company, or mortgagee or mortgagees, person or persons in possession, and such owner or owners or parties interested in such additional real estate ; and if such company, or mortgagee or mortgagees, person or persons in possession shall, for any cause, be unable to agree for the purchase of such real estate or right of way, or other rights, or shall be unable to agree upon the sum which shall be paid to such persons or parties in satisfaction of the damages they may sustain, or if the title to any such real estate or right of way, or other rights already acquired or attempted to be acquired, shall, for any cause, prove defective or imperfect, then, and in every such case, such company, or mortgagee or mortgagees, person or persons in possession of and operating as aforesaid any such railroad, may proceed to acquire or perfect title to such real estate or right of way, or other rights, and to ascertain and appraise such damages in the manner and by the proceedings

herein before in this act prescribed. Nothing in this act contained tion of act. shall authorize the taking of any waters that shall at the time of such

taking be commonly used for domestic, agricultural or manufacturing

purposes to such an extent as to injuriously interfere with such use in Proviso in the future.” Provided that the mortgagee or mortgagees, receiver or

receivers, in possession of any railroad as aforesaid, before commencing proceedings to ascertain and appraise damages under the provisions of this act, shall present a petition to the court under whose authority

Condempation.

Limita

case of mortgagee or receiver.

they are acting, or to any court of competent authority, for permission
to commence such proceedings, which petition shall set forth that
such real estate, right of way, or other rights as aforesaid, described in
said petition, are necessary for the operation of said railroad, or for the
protection of the property in their possession ; and a copy of which
petition, with a notice of the time and place the same will be presented
to said court, must be served on all persons whose interests are to be
affected by the proceedings at least ten days prior to the presentation
of the same to said court, and no proceedings to ascertain and appraise
damages as aforesaid shall be taken by said mortgagee or mortgagees,
receiver or receivers as aforesaid unless they shall be duly authorized
by order of said court.
§ 2. This act shall take effect immediately.

See Matter of N. Y. Cent. & H. R. R. R. Co., 5 Hun, 86; Matter of N. Y.

Cent. & H. R. R. R. Co., 4 id. 381; N. Y. & Canada R. R. Co. v. Gun.
nison, 3 T. & C. 632; S.C., 1 Hun, 496; Matter of N. Y. & H. R. R. Co.
v. Kep, 46 N. Y. 546; Railroud Co. v. Duvis, 43 id. 137; N. Y. Cent. &
H. R. R. R. v. Metropolitan Gaslight Co., 5 Hun, 201; Arnold v. H. R.
R. R. Co., 55 N. Y, 661; Syracuse, etc., R. R. Co., Matter of, 4 Hun,
311; Matter of Rondout, etc., R. R. Co., 5 Lans. 298; N. Y. Cent. & H.
R. R. R. v. Sweeney, 6 T. & C. 669.

boards of

may be

CHAP. 28.
AN ACT to provide for the incorporation of exchanges or

boards of trade.

PASSED May 3, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. At any time hereafter any twelve or more persons who Objects for may desire to form a corporation commonly called board of trade or which exchange, for the purpose of fostering trade and commerce, to protect trade or it from unjust or unlawful exactions, to reform abuses in trade, to dif- exchange fuse accurate and reliable information among its members as to the formed. standing of merchants and other matters, to produce uniformity and certainty in the customs and usages of trade, to settle differences between its members, and to promote a more enlarged and friendly intercourse between merchants, may make, sign and acknowledge before How incorsome officer competent to take the acknowiedgment of deeds, and file porated. in the clerk's office of the county where the principal office of such corporation is to be located, and a duplicate thereof in the office of the secretary of state, a certificate in writing in which shall be stated the name of the corporation, and the object for which it shall be formed, the amount of its capital stock, if any, the number of shares of which said stock shall consist, the time of its existence, not to exceed fifty years; the number of trustees and their names, who shall manage the affairs of the corporation for the first year, and the name of the city or town and county in which the principal office of such corporation is to be located.

$ 2. When the certificate shall have been filed as aforesaid, the per- Powers sons who shall have signed and acknowledged the same, and their successors and associates, shall be a body politic and corporate in fact and poration. in name stated in such certificate; and by such name shall have power

and duties of the coracquire

Or trustees.

1. To sue and be sued; complain and defend, in any court of law or equity.

2. To make and use a common seal, and alter the same at pleasure. 3. To appoint such subordinate officers and agents as the business of the corporation may require, and to allow them a suitable compensation.

4. To make by-laws not inconsistent with any existing law, for the management of its property, the regulation of its affairs, and for the

transfer of its stock. Liability 8 3. When the whole capital of any corporation formed under this of stockholders. act shall not have been paid in, and the capital paid shall be insuffi

cient to satisfy the claims of its creditors, each stockholder shall be bound to pay on each share held by him the sum necessary to complete the amount of such share as fixed in the certificate of incorporation, or such proportion of that sum as shall be required to satisfy the debts of the corporation, and in the event of such corporation not having any capital stock, then the trustees thereof shall be jointly and severally liable for all debts incurred by the corporation while they were trustees thereof, and for the recovery of which suit shall be brought within

two years from the time such indebtedness accrued. Trustees, $ 4. The stock, property, affairs and concerns of such corporations and qualia- shall be managed by not less than twelve trustees, who shall be memcations of. bers of such corporation and citizens of the United States, and a ma

jority of whom shall be citizens of this state, who shall, except the first year, be annually elected by the members at such time and place as shall be designated by the by-laws of the corporation, and who shall

hold office for the term of one year, or until their successors are elected. Notice of Public notice of the time and place of holding such election shall be election. published for at least ten days prior thereto, in some newspaper pub

Iished in the city or county where the principal office of such corpora

tion is located, and posted in a conspicuous place in the office of such Election. corporation, and the election shall be made by such of the members as

shall attend for that purpose, in person or by proxy; and, in case such corporation possesses a capital stock, each member shall be entitled to cast as many votes as he owns shares of stock in said corporation, and

the persons receiving the greatest number of votes shall be trustees. Vacanoy, When any vacancy occurs in the board of trustees by death, resignation or otherwise, it shall be filled for the remainder of the year

in such manner as may be provided by the by-laws of the corporation.

$ 5. There shall be a president of the corporation who shall be designated from the number of the trustees, and also such subordinate officers as the corporation by its by-laws may designate, who may be elected or appointed, and required to give security for the faithful performance of the duties of their office as the corporation by its by-laws

may require. May

$ 6. Such corporations shall have power to acquire by lease or purchase such rooms, buildings, furniture or other property, as may be necessary for the use of the corporation, and not exceeding in value the sum of five hundred thousand dollars, and to borrow money for such purposes and to issue bonds therefor, and to secure the same by morto gage; and generally to acquire and take by gift, purchase, devise and bequest, subject to the provisions of law relating to devises and bequests by last will and testament or otherwise, real and personal property, and to hold, sell, convey, lease and mortgage the same, or any

Oficers.

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