Punishment for injury to property.

Company

may bor

row mon

sue bonds.

§ 38. Any person who shall willfully injure or destroy any pipe or other property of such company shall be guilty of a misdemeanor, and on conviction thereof, may be punished by fine, not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment, in the discretion of the court.

§ 39. Any company formed under this act may, from time to time, borrow such sums of money as may be necessary for completing and ey and is finishing or operating their pipe line, and may issue and dispose of their bonds for any amount so borrowed, and may secure payment thereof by a mortgage upon their corporate real and personal property and franchises, and may confer on any holder of any bond issued for money borrowed for the purposes aforesaid, the right to convert the principal due or owing thereon into common stock of said company at any time within ten years after the date of such bond, under such regulations as the directors may see fit to adopt, but no such company shall borrow money for any purpose not mentioned in this section.

Oil companies

formed

113, Laws

1875, may

under this

act.

§ 40. Any company heretofore organized under the provisions of chapter one hundred and thirteen of the laws of one thousand eight under ch. hundred and seventy-five, on filing in the office of the secretary of state a certificate signed by all the directors of said company, setting forth reorganize the date of such organization, the places from and to which they propose to construct their pipe line, the length of the same, and the amount of the capital stock of said company, as already fixed and that said company desires to become reincorporated under the provisions of this act, which certificate shall be verified by the president of such company, to the effect that all statements therein contained are true to his own knowledge; such company shall thereupon be and become a body corporate under the provisions of this act, and shall have all the powers and be subject to all duties and liabilities of corporations organized under this act, and shall be invested with and take, hold and convey any and all real estate and property owned by such company as fully and amply and to all intents and purposes the same as if said real estate and property had been purchased or acquired by such company after reorganization under the provisions of this act.

Monthly statement.

receipted

posses

§ 41. It shall be the duty of every corporation organized under this act to make monthly a specific statement showing the amount of all commodities received, the amount delivered during the month, and the stock on hand on the last day of each month of the year, and how much of said stock is represented by outstanding certificates, vouchers, receipts or orders, and how much in credit balances on the books of the said corporation. Such statement shall be made on or before the tenth day of the succeeding month, and sworn to by the president and secretary of the corporation that the same is in all respects true and correct; and such statement shall be filed within three days thereafter, in the county clerk's office in the county where the principal office of said corporation is located, and a true copy of the same posted in a conspicuous place in the office of said corporation for at least thirty days thereafter.

Property § 42. No receipt, certificate, voucher, or order of any kind shall be not to be made, accepted or issued by any corporation formed under this act, for until in for any commodity unless the said commodity represented by such receipt, certificate, voucher or order is actually in possession of said corporation at the time of such making, issuing or acceptance. Whenever any corporation formed under this act shall have parted with the possession of any commodity, and received therefor any order,

sion.

receipts, etc., to be

voucher, receipt or certificate, such order, voucher, receipt or certifi- Vouchers, cate shall not be issued or used again, but shall be canceled with the word "canceled " stamped or printed legibly across the face thereof, canceled. and such canceled order, voucher, receipt or certificate shall be filed and preserved by said corporation and a record of the same kept by the secretary of said corporation. No petroleum or other commodity Property received for transportation by said corporation shall be delivered to to be deany person or persons without the presentation and surrender of all only on vouchers, receipts, orders or certificates that have been issued or of vouchaccepted for the same. Any person willfully violating the provisions ers. of this section shall be guilty of a misdemeanor, and, on conviction, for violapunished according to law.

livered

surrender

Penalty

tion.

be amend

§ 43. No corporation formed under the provisions of this act shall Act may be held or deemed to have acquired any vested rights thereunder as ed. against the people of this state, but all companies so formed shall be subject to any and all changes made by any amendment hereto.

§ 44. It shall be the duty of the president and secretary of every Annual corporation formed under this act, to report annually in the month report. of January in each year, to the state engineer and surveyor under oath, the amount of capital stock of the company, the amount actually paid in, the amount of all money expended during the year ending on the thirty-first day of December next proceeding the time of making such report, specifying the purposes for which such moneys have been expended, the amount received during such year, from all sources, specifying such sources the amount of dividends made and the amount of the indebtedness of such company, stating the object for which the indebtedness accrued a detailed statement of all the property of such company stating the nature and value thereof, and such particulars in respect to the business affairs of such company as the said state engineer and surveyor, or the legislature or either branch thereof, require to be so reported, and every corporation Penalty, formed under this act which shall neglect to make such report as for failing hereby required, shall forfeit to the people of this state, for every such neglect, the sum of two hundred dollars; and for every week, such corporation shall neglect to make such report, after the expiration of the time within which it is required as aforesaid, to make the same, it shall forfeit as aforesaid the further sum of fifty dollars. The state engineer and surveyor shall report to the attorney-general every such forfeiture by whom the same shall be sued for and recovered, with the costs, in the name of the people, and the certificate of the said state engineer and surveyor of any such neglect shall be presumptive evidence thereof.

§ 45. The provisions of this act shall not apply to the city of New York.

§ 46. This act shall take effect immediately.

to report.

Friends.

Amending

Laws 1839,

ch. 184.

CHAP. 209.

AN ACT to amend chapter one hundred and eighty-four of the laws of eighteen hundred and thirty-nine, entitled "An act in relation to trusts for the benefit of the meetings of the religious society of Friends, passed April seventeenth, eighteen hundred and thirty-nine."

PASSED May 2, 1878; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Chapter one hundred and eighty-four, laws of eighteen. hundred and thirty-nine, being an act entitled "An act in relation to 4 Edm.428. trusts for the benefit of the meetings of the religious society of Friends, passed April seventeenth, eighteen hundred and thirty-nine," is hereby amended by the addition of three* new sections thereto as follows:

Death of trustees.

Sale of property.

§ 3. In case of the death of all the trustees heretofore appointed, or who may be hereafter appointed by virtue of this act, any regular meeting of the religious society of Friends, for whose use and benefit said property was held in trust, may appoint a trustee or trustees in the place of such person or persons, and the person or persons thus appointed by such meeting shall succeed to and be invested with all the powers, rights and duties conferred by this act and the deed or declaration of trust upon the trustee or trustees.

§ 4. The trustee or trustees, or survivor of any trustees, appointed pursuant to this act, may sell, convey and grant or demise any or all of the trust property described in said trust deed or declaration of trust to any person absolutely, or in trust for said meeting, whenever any meeting of said society shall by resolution direct the same to be sold and conveyed; any conveyance of real estate or property so held in trust by any meeting of the religious society of Friends, which may hereafter be made under and in pursuance of a resolution of the said meeting as provided herein, shall be as valid and effectual for the conveyance of the title of any real estate so held in trust, as if the heirs of any trustee who may have died prior to the passage of said resolution Deed what had joined in the execution of said conveyance or demise. Any instrument for the sale or demise of said property shall embody the said resolution of said meeting, relating to said sale or demise of said property, and shall be executed by the said trustee or trustees; and in said acknowledgment said trustee or trustees shall make an affidavit that the person or persons so executing said conveyance or demise are the trustee or trustees of said trust property, and that the said resolution embodied in said conveyance or demise was duly passed by said meeting; and the said affidavit thus made shall be prima facie evidence of the facts therein stated.

to contain.

§ 2. This act shall take effect immediately.

* So in the original.

CHAP. 210.

to prevent

stealing.

AN ACT to confer additional powers upon corporations or- Societies ganized under chapter four hundred and thirty-eight, laws horse of eighteen hundred and sixty-two, entitled "An act to provide for the formation of societies for the prevention of horse stealing," and the several acts amendatory thereof. PASSED May 2, 1878; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ch. 438.

See also

p. 522.

tectives,

SECTION 1. In addition to the powers now conferred by law upon Amending corporations organized under chapter four hundred and thirty-eight, Laws 1862, laws of eighteen hundred and sixty-two, entitled "An act to provide 3 Edm. 847. for the formation of societies for the prevention of horse stealing," 1978, and the several acts amendatory thereof, it shall be lawful for the ch.61, ante, president of any such corporation to appoint, by a certificate in writing, such number of patrolmen, riders, messengers or detectives, not ex- Patrolceeding five in number, as may be fixed by the by-laws of any such men, decorporation. Such patrolmen, riders, messengers or detectives shall have etc. full power and authority in the several counties of this state to pursue and arrest with a warrant issued by any magistrate authorized to issue the same, in the county where the offense was committed, any person suspected of having stolen any kind of property named in the first section of said act, and to take into custody and return the person so arrested to the county where the offense was committed, and before the magistrate issuing the warrant, to be by him dealt with as provided by law; provided, however, that the expenses incurred in making such arrests and return of any such persons shall be borne by the corporation causing the arrest to be made.

§ 2. This act shall take effect immediately.

CHAP. 212.

AN ACT to establish the right of citizens of this state to carry on their business in all parts thereof.

PASSED May 3, 1878.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

state not

right to

SECTION 1. It shall not be lawful for the authorities of any county, Citizens of city or village to impose upon the inhabitants of any other county, to be recity or village within this state, carrying on or desiring to carry on any stricted in lawful trade, business or calling within the limits thereof, any restric- carry on tion or condition whatever except such as may be necessary for the business proper regulation of such trade, business or calling and such as apply parts of equally and impartially to the citizens of all parts of the state alike, and all ordinances in violation of the provisions of this act are hereby declared to be null and void.

§ 2. This act shall take effect immediately.

Amended by L. 1879, ch. 417, post, p. 790.

in other

state.

Evidence of acts,

rations.

CHAP. 219.

AN ACT in relation to evidence in civil and criminal cases.
PASSED May 7, 1878.

The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Any act, ordinance, resolution, by-law, rule or proceedordinan ing of the common council of a city, or of the board of trustees of an of munici incorporated village, or of a board of supervisors of any county pal corpo- within this state, and any recital of occurrences taking place at the Amended sessions of any thereof may be read in evidence on any trial, examination or proceeding, whether civil or criminal, either from a copy thereof certified by the clerk of the city, village, common council or board of supervisors, or from a volume printed by authority of the common council of the city or board of supervisors of the county. §2. This act shall take effect immediately.

1879, ch. 211.

See Co. Civ. Proc., § 941.

CHAP. 220.

Act relat- AN ACT for the protection of dairymen and dealers in milk, and to prevent deception in the sale of milk.

ing to milk.

Skimmed milk.

Sale of milk out

duced.

PASSED May 7, 1878; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Every person who shall sell, or who shall offer or expose for sale, any milk from which the cream, or any part thereof, has been removed, shall distinctly and durably mark, in letters not less than one inch in length, in a conspicuous place, above the centre, upon the outside of every can, vessel or package containing such milk, the words "skimmed milk," and such milk shall only be sold in or retailed out of a can, vessel or package so marked.

§ 2. Every person who shall sell, or who shall offer or expose for of county sale, any milk, except in any county in which the same is produced, where pro- shall distinctly and durably mark with letters not less than one inch in length, in a conspicuous place, above the centre, on the outside of every can, vessel or package containing such milk, the name of the county from which the same is produced, and such milk shall only be sold in or retailed out of a can, vessel or package so marked.

Penalty.

§3. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and in addition thereto, be liable to a penalty of fifty dollars, and, on trial for such midemeanor or penalty the sale or offer or exposure for sale of milk or articles contrary to the provisions of this act shall be presumptive evidence of knowledge by the accused of the character of the milk or article so sold or offered or exposed for sale, and that the can, vessel or package was not marked as required by this act.