CHAP. 189. AN ACT for the protection of graves in cemeteries. PASSED April 27, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Graves. men' for flowers, etc., from SECTION 1. Hereafter it shall be a misdemeanor and be punishable Punishas such, for any person other than the owner to remove from any removing grave in any cemetery in the state, any flowers or other memorial, or any token of affection placed on or near any such grave or any wire- graves. frame work or other thing in any way connected with such flowers, memorial or token. of act. § 2. The provisions of this act shall not apply to the officers or em- Limitation ployes of any of the cemetery associations of this state in the enforcement of the rules and regulations under which such associations may be governed, provided that all articles removed by them from graves shall be destroyed so that they cannot be again used. §3. This act shall take effect immediately. CHAP. 191. AN ACT to amend subdivision two of section four of title Exempone, chapter thirteen, part one of the Revised Statutes. PASSED April 27, 1878; three-fifths being present. (Repealed by ch. 140, L. 1879. The amendment consisted in adding the words: "And all vessels enrolled and licensed under and pursuant to the laws of the United States and engaged in the coasting trade.”) tion from taxation. CHAP. 203. Pipe Line AN ACT to provide for the incorporation of Pipe Line companies, and to regulate the same. com panies. Incorporation. associa tion. PASSED May 2, 1878; without the approval of the governor, pursuant to provision of section nine of article four of the Constitution. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Any number of persons, not less than twelve, may form a company for the purpose of constructing and operating, for the public use, lines of pipe for the conveying or transporting therein petroleum, gas, liquids, or any products or property, or for the purpose of maintaining and operating any line of pipe already constructed and owned by any incorporated company, person or persons, for the like public use, and for that purpose may make and sign Articles of articles of association, in which shall be stated the name of the company, the number of years the same is to continue, the places from and to which the same is to be constructed or maintained and operated, length of such pipe line, as near as may be, and the name of each county in this state through or into which it is to be constructed or intended to be constructed. The amount of capital stock of the company, which shall not be less than fifteen hundred dollars, for every mile of pipe constructed, or proposed to be constructed, and the number of shares of which said capital stock shall consist, and the Directors. names and places of residence of seven directors of the company, who shall manage its affairs for the first year, and until others are chosen Subscrip- in their places. Each subscriber to such articles of association shall Capital stock. tion to stock. Filing articles. subscribe thereto his name, place of residence and the number of shares he agrees to take in said company. On compliance with the provisions of the next section, such articles of association may be filed in the office of the secretary of state, who shall indorse thereon the day and hour they are filed, and record the same in a book to be provided by him for that purpose, and thereupon the persons who have so subscribed such articles of association, and all persons who shall become stockholders in such company, shall be a corporation by the name specified in such articles of association, and shall possess the powers and privileges granted to corporations, and be subject to the privileges provisions contained in title three of chapter eighteen of the first part of the Revised Statutes. Powers, ities. When ar be filled. § 2. Such articles of association shall not be filed and recorded in ticles may the office of the secretary of state until at least ten hundred and fifty dollars of stock for every mile of pipe line proposed to be constructed or maintained is subscribed thereto, and twenty-five per cent. paid thereon in good faith, and in money, to the directors named in such articles of association, nor until there is endorsed thereon, or annexed thereto, an affidavit made by at least three of the directors named in such articles, that the amount of stock required by this section has been in good faith subscribed, and twenty-five per cent. paid in money thereon as aforesaid, and that it is intended in good faith to construct or to maintain and operate the line of pipe mentioned in such articles of association, and that such corporation was not projected or formed with the intent or for the purpose of selling or conveying its franchise to any person or corporation, nor with the intent or for the purpose of injuring any person or corporation, nor for any fraudulent purpose, which affidavit shall be recorded with the articles of association as aforesaid, and shall be taken and held to be a part thereof. evidence. § 3. A copy of any articles of association filed and recorded in pur- Copy of suance of this act, or the record thereof, containing a copy of the affi- articles as davits by the last section made a part thereof, and certified to be a true copy by the secretary of state, or his deputy, shall be presumptive evidence of the incorporation of such company, and of the facts therein stated. stock. § 4. When such articles of association and affidavit are filed and Subscriprecorded in the office of the secretary of state, the directors named in tions to such articles of the association may, in case the whole of the capital stock is not before subscribed, open books of subscription to fill up. the capital stock of the company in such places and after giving such notices as they may deem expedient, and may continue to receive subscriptions until the whole capital stock is subscribed at the time of such subscribing. Every subscriber shall pay to the directors Cash paytwenty-five per cent. in money on the amount of the stock subscribed ments. by him, and no subscription shall be received, or taken or held as a valid subscription, unless such payment is made at the time of subscribing. ed. of elec tions of Books of § 5. There shall be a board of seven directors of every corporation Directors, formed under this act, to manage its affairs, and such directors shall how electbe chosen annually by the stockholders voting at such election, in the election of directors, each stockholder personally or by proxy shall be entitled to as many votes as shall equal the number of his shares of stock for thirty days previous to such election multiplied by the number of directors to be elected, and he may distribute his votes among those to be voted for, as he sees fit, and the persons receiving the greatest number of votes shall be directors of such corporation, and they may and shall continue to be such directors for one year and until others are elected in their places. The inspectors of the first election Inspectors shall be appointed by the directors named in the articles of association, tion. and thereafter in such manner as may be prescribed by the laws of the corporation. No person shall be a director unless he shall be a stock- Qualificaholder, owning stock absolutely in his own right and qualified to vote directors. thereon for directors at the election at which he shall be chosen, and at every election of directors the books and papers of such company company shall be exhibited to the meeting if the persons owning or represent- when to ing by proxy one-third of the stock entitled to be voted upon at such be exhibit meeting shall require it, and such books may then be examined by any amined. stockholder, and any stockholder may take transcripts or copies Tranor any portion thereof, and the purchaser or purchasers of the scripts. real estate, pipe and fixtures of any corporation created by Reorganior under this act which may be sold by virtue of a power ter sale. of sale contained in any mortgage made by such corporation or upon a sale by virtue of any execution issued upon any judgment recovered in any court, shall acquire title to them in the manner prescribed by law, such purchaser or purchasers, or the grantee or grantees of them, may associate with themselves any number of persons sufficient to constitute a board of directors, as required by this act, and may make and subscribe articles of association with an affidavit, as prescribed by the first section of this act, and upon the filing thereof, such parties with their associates shall thereupon be a corporation with all the powers, privileges, and subject to ed and ex zation af tation. Annual election. Charge for all the provisions of this act. Nothing herein contained shall be construed to authorize any company organized under the provisions. of this section to charge any greater rate or compensation for the transportation of any product or liquid than is prescribed in this act. § 6. The time and place of holding the annual election for directors shall be fixed by the by-laws of such corporation and shall be not more than fifteen months after the time of filing the articles of association and all anuual meetings for the election of directors shall thereafter be held in each year on the day and at the place so designated. § 7. The directors shall appoint one of their number president. They may also appoint a treasurer and secretary, and such other officers and agents as shall be prescribed by the by-laws, who shall hold their offices at the pleasure of the directors, unless otherwise provided by the by-laws. Officers and agents. Payment of sub to stock. § 8. The directors may require the subscribers to the capital stock scriptions of the company to pay the amount by them respectively subscribed in such manner and in such installments as they may deem proper. If any stockholder shall neglect to pay any installment, as required by a resolution of the board of directors, the said board shall be authorized by resolution to declare his stock and all previous payments thereon. forfeited to the use of the corporation, but they shall not declare it so forfeited until they have caused a notice in writing or partly written and partly printed, to be served on him personally, or by depositing the same in the post-office, with the postage prepaid thereor, and properly directed to him at the post-office nearest his place of residence, which notice shall state that he is required to make such payments at the time and place specified in said notice, and that if he fails to make the same, his stock and all previous payments thereon will be forfeited to the use of such corporation, which notice shall be so served at least sixty days previous to the day on which such payment is required to be made. Transfer of stock. § 9. The stock of every corporation formed under this act shall be deemed personal property and estate, and shall be transferable in the manner prescribed by the by-laws of such corporation, but no shares shall be transferable by sale, until all previous calls thereon shall have Corpora- been fully paid in, and it shall not be lawful for such corporation to use any of its funds in the purchase of any stock in its own or in any chase other corporation, nor shall such corporation in any manner become to become liable for the debt, or miscarriage of any other person or persons or corporations. tions not to pur stock nor surety. Increase of capital stock. Petition for increase. § 10. In case the capital stock of any company formed under this act is found to be insufficient for constructing and operating its pipe line, such company may, with the concurrence of two-thirds in amount of all its stockholders, and upon an order of the supreme court to be granted in the discretion of the court, upon the petition of the directors, and notice of such application, of not less than fifteen days, upon all stockholders appearing upon the stock book of said corporation, who shall not have consented to such increase (in such manner as said court shall direct), increase its capital stock from time to time, to any amount required for the purpose aforesaid, and in all such cases the petition to the court shall be by affidavit, and shall show the amount of the proposed increase, and the reasons therefor; that two-thirds in amount of all the stockholders of such corporation, entitled to vote at such meeting, personally or by proxy, had voted for such increase at a meeting of the stockholders, called by a resolution of the directors for that purpose, and notice thereof served upon each stockholder thereof Order of at least twenty days previous to the time of such meeting, in the manner provided in the eighth section of this act for serving notices, and that such notice contained the time, place and object of such meeting, and the amount to which such capital stock was proposed to be increased, and that the amount of the increase prayed for in the petition is not for a greater amount than that specified in such notices, and thereupon, upon the hearing, the court may make an order, in its discretion, increasing the capital stock of such company court. in the amount prayed for in such petition, or in such lesser sum or amount as the court may fix, and upon the filing and entry of such order, the capital stock of such corporation may be increased in the amount mentioned therein, and the directors may proceed to take and receive subscriptions therefor, in the manner provided in section four of this act, and upon payment of the percentage therein provided upon subscribing thereto. holders. § 11. Each stockholder of any company formed under this act, Liability shall be individually liable to the creditors of such company to an of stockamount equal to the amount unpaid on the stock held by him for all debts and liabilities of such corporation until the whole amount of the capital stock so held by him shall have been paid to the company, and all the stockholders of any such company shall be jointly and severally liable for the debts due or owing to any of its laborers and servants, other than contractors, for personal services for thirty days' services performed for such company, but shall not be liable to an action therefor before an execution shall be returned unsatisfied in whole or in part against the corporation, and the amount due on such execution shall be the amount recovered with costs against such stockholder by such laborer or servant. and § 12. No person holding stock in any such company as executor, Executors, administrator, guardian or trustee, and no person holding such stock trustees as collateral security shall be personally subject to any liability as pledgees stockholder of such company; but the person pledging such stock not liable. shall be considered as holding the same, and shall be held liable as a stockholder accordingly, and the estates and funds in the hands of such executor, administrator, guardian or trustee shall be liable in like manner and to the same extent as the testator or intestate, or the ward or person interested in such trust-fund would have been if he had been living and competent to act and held the stock in his own name. of con construc line. § 13. As often as any contractor for the construction of any line of When pipes which is in progress of construction shall be indebted to any company laborer for thirty or any less number of days' labor performed in con- employees structing said pipe line, such laborer may give notice of such indebt- tract or edness to said company in the manner herein provided, and said com- for the pany shall thereupon become liable to pay such laborer the amount so tion of due him for such labor, and an action may be maintained against such company therefor; such notice shall be given by such laborer to said company within twenty days after the performance of the number of days' labor for which claim is made such notice shall be in writing, and shall state the months and particular days of the month upon which labor was performed and remains unpaid for, the price per day, the amount due, with the name of the contractor from whom due, the section or portion of the pipe line upon which the same was performed, and shall be signed by such laborer or his attorney, to which notice an affidavit shall be annexed, made by such laborer or his attorney to the affect, that to the knowledge of the |