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Highway labor.

Railroad companies may commute.

CHAP 344. AN ACT to authorize railroad corporations to pay commutation money for highway labor to the commissioners of highways of towns.

Passed May 28, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as folloros :

SECTION 1. Whenever any railroad corporation assessed in any town or road district for highway labor shall elect to commute therefor as provided by law, such corporation shall pay the commutation money to the commissioner or commissioners of highways of the town for the benefit of the road district or districts in such town in which the property of such corporation may be situated. And said commissioner or commissioners shall distribute said money to the overseers of high ways of such road districts, to be applied and expended by such overseers in the improvement of the rrads and bridges in their respective districts as is now provided by law.

§ 2. This act shall not apply to incorporated villages which constitute a separate road district nor shall it' have the effect to repeal or modify chapter sixtysix of the laws of eighteen hundred and seventy-two. $ 3. This act shall take effect immediately.

Amended 1878, ch. 44, post, p. 513.

Limita. tion.

aid to rail-
roads.
7 Edm. 517.

commis

amount of

CIIAP. 319. Municipal AN ACT to provide for the payment of bonds issued by mu

nicipal corporations under the provisions of chapter nine hundred and seven, laws of eighteen hundred and sixtynine, entitled “An act to amend an act entitled “An act to authorize the formation of railroad corporations, and to regulate the same,' passed April second, eighteen hundred and fifty, so as to permit municipal corporations to aid in the construction of railroads," and the acts amendatory thereof.

Passed May 28, 1877 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Railroad SECTION 1. It shall be the duty of the commissioners appointed un

der the provisions of chapter nine hundred and seven, laws of eighteen to report hundred and sixty-nine, entitled “ An act to amend an act entitled annually An act to authorize the formation of railroad companies, and to regubonds, late the same, passed April second, eighteen hundred and fifty, so as to date, time,

permit municipal corporations to aid in the construction of railroads," and the acts amendatory thereof, to report annually the total amount of bonds issued under said chapter nine hundred and seven, laws of eighteen hundred and sixty-nine, and the acts amendatory thereof, by the town, city, or village represented by such commissioners; the date and time when the principal of said bonds will become due, the rate and times of payment of interest thereon, the amount of such principal or interest paid, the amount of said principal or interest due and unpaid and to become due before the annual tax levy and collection of tax for the year next succeeding, and the amount in their hands applicable to the payment of the principal of said bonds or the interest thereon.

§ 2. Such report shall be in writing, signed by the said commissionreport.

ers, or a majority of them, and there shall be affixed to said report an affidavit of at least one of the commissioners that such report is in all respects true and correct. The commissioners shall deliver said report to the board of supervisors of the county within three days after the commencement of the annual meeting of said board of supervisors.

etc.

The

supervis

raised.

Amount to

.

sioners to execute

8 3. It shall be the duty of the board of supervisors, at the annual Board of meeting, when such report is received, to cause to be levied and raised ors by tax on the taxable property of said town, city or village, the amount to cause necessary to pay the principal and interest due and to becoine due at due to be any time prior to the annual tax levy and collection of tax for the year then next succeeding, as shown by said report, after deducting moneys on hand for the purpose. The amount so levied and raised be paid by tax, when so collected, shall be paid over to the said commissioners over to to be by them applied to the purpose for which it was so collected. sioners. And all money now in the hands of the supervisor of any town, or Money to officer of any city or village applicable to the payment of the principal coulmisof said bonds, or interest thereon, shall be, on demand, paid to such sioners. commissioners, and any money hereafter raised under the provisions of the act hereby amended, which by law is to be applied to the payment of said bonds, or interest thereon, shall, in like manner, be paid Commisto said commissioners. But before any money shall be so paid to such commissioners, they shall severally execute to the town, city or village, bond. and deliver to the town clerks of towns, or the clerk of cities or villages, a bond with two or more sureties in double the amount of the money to be so received by them, as near as can be ascertained, conditioned for the proper and due disbursement of such nioney, and the proper accounting therefor, which bond shall be first approved by the supervisor, or the county judge, and by the mayor or president of cities or villages, and said bond shall be renewed annually.

$ 4. It shall be the duty of said commissioners to pay the principal Commis. and interest of said bonds at the maturity thereof, and on making pay bonds. such payments the bond or interest coupons paid shall be canceled by said commissioners by cutting ont a portion of said bonds or coupons ; and a full record of all bonds and interest coupons paid and canceled Tookeep shall be kept by said commissioners, which record shall be at all times open to the inspection of the supervisor, members of the board of town auditors, and justices of the peace of towns, or the members of common councils or trustees of cities or villages ; and said commissioners To report. shall report in writing to the board of town auditors of towns, at their annual meeting, and to the common council or trustees of cities or villages, on the first day of April of each year, the date, number and amount of all bonds and interest coupons paid by them and canceled during the past year, and since their last report, and shall, at the same time, produce and deliver to the said town auditors, common council or trustees, the bonds and interest coupons canceled by them, taking a receipt therefor, which shall set forth the date, number and amount of each bond or coupon. Said commissioners, at the time of making Duplicate such report, shall also file with the town clerk of towns, and clerk of cities and villages, a duplicate thereof. The said town auditors and Report the common council or trustee, as the case may be, shall indorse upon indorsed: the report so received from the commissioners, that the bonds and interest coupons mentioned therein, duly canceled, were received by them from the commissioners, if such is the case, and if all or any of them are not so received, so state in the indorsement. They shall then deposit said canceled bonds and coupons with said report, in the office of the clerk of the county for safe keeping. Nothing in this act in applicacontained shall in any manner apply to or affect the town of Orleans, tion. in the county of Jefferson, or any officer thereof, or any money raised by tax on the property therein, or to any bonds except such as were given under the act mentioned in the foregoing title.

5. The provisions of this act shall not apply to the counties on Oswego, Madison, Erie, Orleans, Niagara and Genesee.

8 6. This act shall take effect immediately.

Limitation

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CHAP 874.
AN ACT to amend chapter one hundred and forty-nine of the

laws of eighteen hundred and seventy-four, entitled " An
act to amend the act passed April twenty-seven, eighteen
hundred and seventy-two, entitled 'An act to amend chapter
six hundred and fifty-seven of the laws of eighteen hundred
and seventy-one, entitled "An act to amend the act passed
February seventeen, eighteen hundred and forty-eight,' en-
titled · Än act to authorize the formation of corporations
for manufacturing, mining, mechanical or chemical pur-
poses,' passed April twentieth, eighteen hundred and
seventy-one," and also to amend chapter nine hundred and
sixty of the laws of eighteen hundred and sixty-seven, en-
titled "An act to authorize the consolidation of corporations
organized under the act entitled' 'An act to authorize the
formation of corporations for manufacturing, mining, mechan-
ical or chemical purposes,' passed February seventeenth,
eighteen hundred and forty-eight, or any of the acts amend-
ing or extending the same.

PASSED June 2, 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 one of chapter one hundred and forty-nine of

the laws of eighteen hundred and seventy-four, entitled “An act to 9 Edm. 866. amend the act passed April twenty-seven, eighteen hundred and

seventy-two, entitled "an act to amend chapter six hundred and fiftsseven of the laws of eighteen hundred and seventy-one,' entitled · An act to amend the act passed February seventeen, eighteen hundred and forty-eight,' entitled • An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes, passed April twentieth, eighteen hundred and seventy-one,” is hereby

amended so as to read as follows: Compa- $ 1. At any time hereafter any three or more persons who may

desire to form a company for the purpose of carrying on any kind of manufacturing, mining, mechanical or chemical business, or the business

of printing and publishing books, pamphlets and newspapers.or the busich, 290, and L. 1880, ch.

ness of preserving and dealing in meats,or the business of making butter,

cheese, concentrated or condensed milk, or any other products of the PP. 757, 957. dairy, or the business of erecting buildings for church sheds, or laundry

purposes, and the carrying on of laundry business, or the business of slaughtering animals, or for the purpose of towing or propelling canal boats, vessels, rafts or floats on the canals and navigable rivers of the state of New York, by animal or steam power, their operations not to be confined to the county in which their certificate shall be filed, may make, sign and acknowledge, before some officer competent to take the

Amending Laws 1874, ch. 149.

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nies, how to be formed. Amended by L. 1579,

211, post,

Certificate.

Contents

tion, how

acknowledgment of deeds, and file in the office of the clerk of the
county in which the business of the company shall be carried on, and
a duplicate thereof in the office of the secretary of state, a certificate
in writing, in which shall be stated the corporate name of the said
company, and the objects for which the company shall be formed, the
amount of the capital stock of the said company, the term of its existence of.
(not to exceed tifty years), the number of shares of which the said
stock shall consist, the number of trustees, and their names, who shall
manage the concerns of said company for the first year, and the names
of the town and county in which the operations of the said company
are to be carried on.

$ 2. Section one of chapter nine hundred and sixty of the laws of Amending
eighteen hundred and sixty-seven, entitled “An act to authorize the ch. 960.
consolidation of corporations organized under the act entitled “ An act
to authorize the formation of corporations for manufacturing, mining,
mechanical or chemical purposes," passed February seventeenth,
eighteen hundred and forty-eight, or any of the acts amending or ex-
tending the same,” is hereby amended so as to read as follows:

§ 1. Any two or more corporations organized under the act entitled Consolida“ An act to authorize the formation of corporations for manufactur- effected. ing, mining, mechanical or chemical purposes,” passed February seventeenth, eighteen hundred and forty-eight, or any of the acts amending or extending the same, whenever the objects for which such companies had been respectively organized were the same or of a similar nature, are hereby authorized to consolidate such companies into a single corporation in manner following: The trustees of any two or more of such corporations may enter into and make an agreement, under their respective corporate seals, for the consolidation of the said corporations, prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the new corporation, the number of trustees thereof (not less than three nor more than thirteen), the names of the trustees who shall manage the concerns of the new company for the first year and until others shall be elected in their places, the name of the town or towns, county or counties, in which the operations of the new company are to be carried on; and if such companies proposed to be consolidated, or either of them, shall have been organized for the purpose of carrying on any part of their or its business in any place out of this state, and the said new company shall propose to carry on any part of its business out of this state, the said agreement shall so state, and it shall also state the name of the town or city and county in which the principal part of the business of said new company within this state is to be transacted; the amount of capital and number of shares of the stock into which the same is to be divided (which capital shall not be larger in amount than the aggregate amount of capital of the several companies thus to be consolidated, and shall not be increased except in accordance with the provisions of the said first mentioned act, passed February seventeenth, eighteen hundred and forty-eight); the manner of converting the shares of capital stock in each of said corporations into the shares of such new corporation, with such other particulars as they may deem necessary, not inconsistent with the provisions of the said act entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes," passed February seventeenth, eighteen hundred and forty-eight, and the acts amending or extending the same.

8 3. This act shall take effect immediately.

Laws 1865, ch. 368.

Powers

Real estate,

CHAP 880.
AN ACT to amend chapter three hundred and sixty-eight of

the laws of eighteen hundred and sixty-five, entitled “An
act for the incorporation of societies or clubs for certain
social and recreative purposes.”

PASSED June 2, 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 chapter three hundred and sixty-eight

of the laws of eighteen hundred and sixty-five, entitled “ An act for 6 Edm. 478. the incorporation of societies or clubs for certain social and recreative

purposes,” is hereby amended so as to read as follows:

$ 2. Upon filing a certificate as aforesaid, the persons who shall have and duties. signed and acknowledged such certificate, and their associates and suc

cessors, shall thereupon, by virtue of this act, be a body politic and corporate by the name stated in such certificate, and by that name they and their successors shall and may have succession, and shall be persons in law capable of suing and being sued; and they and their successors may have and use a common seal, and may alter and change the same at pleasure; and they and their successors by their corporate name shall, in law, be capable of taking, receiving, purchasing, leasing and holding real estate for the purposes of their incorporation, and for no other purpose, to an amount not exceeding the sum of five hundred thousand dollars in value, exclusive of the buildings and improvements thereon, and personal estate for like purposes, to an amount not exceeding the sum of one hundred and fifty thousand dollars in value, exclusive of the buildings and improvements on its said real estate and the furnishing of its club-house, but the clear annual income of such real and personal estate shall not exceed the sum of fifty

thousand dollars; to make and adopt a constitution, by-laws, rules and by-laws,

regulations for the government of said corporation, and for the admission, voluntary withdrawal, censure, suspension and expulsion of its members, for the establishing and collection of the fees and dues of its members, the number and election of its officers, and to define their duties and compensation, and for the safe-keeping of its property, and from time to time to alter, modify or change such constitution, bylaws, rules and regulations; provided, however, that no constitution,

by-laws, rules or regulations shall be made or adopted by said corporaYachting

tion which shall be inconsistent with the constitution and laws of the United States or this state. The by-laws of any society or club for yachting purposes may provide that the qualified voters of such society or club be limited to the owners of yachts, in such manner that the owners of each yacht shall, together, cast but one vote in the meetings of such society or club, and in the election of its officers, trustees, directors or managers.

§ 2. Section nine of said act is hereby amended so as to read as fol

lows: Subject to § 9. Each corporation formed under this act shall possess the genprorosisea eral powers conferred by and be subject to the provisions and restric

tions of the third title of the eighteenth chapter of the first part of Exception. the Revised Statutes (except that each corporation so formed shall

have the power to issue its stock and bonds, or either, to an amount

Constitution,

etc.

clubs.

of Revised Statutes.

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