Partial disability. and continuous service in the said fire department, the amount of annual pension to be allowed shall be one-third of the annual compensation allowed such officer or member as salary, at the date of his retirement from the service, or in proportion to the number of officers and members so retired as the condition of the fund will warrant. In case of partial permanent disability, caused in or induced by the actual performance of the duties of his position, or which may occur after ten years' active and continuous service in the said fire department, the officer or member so disabled shall be relieved from active service at fires, but shall remain a member of the uniformed force, subject to the rules governing said force, and to the performance of such light duties as the medical officer of the said department may certify him to be qualified to perform; and the annual allowance to be paid such officer or member shall be one-half of the annual compensation allowed as salary at the date of his being so relieved, or such less sum, in proportion to the number of officers and members so retired, as the condition of the fund will warrant. In case of partial permanent disability not caused in or induced by the actual performance of the duties of his position, or which may occur before ten years' active and continuous service in the said fire department, the officer or member so disabled shall be relieved from active service at fires; but shall remain a member of the uniformed force, subject to the rules governing said force, and to the performance of such light duties as the medical officer of the said department may certify him to be qualified to perform, and the annual allowance to be paid such officer or member shall not exceed one-third of the annual compensation allowed as salary at the date of his being so relieved, or such less sum as the said board may, in their discretion, determine, or as the Payments condition of the fund will warrant. If any officer or member of the to widow said fire department or retired officer or member of the same shall die while in the service of the same or while so retired, and shall leave a widow, or if no widow, any child or children under the age of sixteen years, a sum of not exceeding three hundred dollars, or such less sum as, in the opinion of the trustees, the condition of the fund will justify, by way of annuity, shall be paid to such widow so long as she remains unmarried, or to such child or children so long as the youngDiscretion est of said children continues under the age of sixteen years. or children. of board. Deduc pay of fremen. every case the board of fire commissioners shall determine the circumstances thereof, and order payment of the annuity to be made in such proportion to the various representatives (in case there shall be more than one) as they may deem just, by drafts to be signed by each trustee; but nothing herein contained shall render any payment of said annuity obligatory upon the said board or upon said trustees, or chargeable as a matter of legal right; and the board of commissioners may, at any time, order such annuity to be reduced or to cease. LIFE INSURANCE FUND. There shall be deducted from the monthly pay of each officer and tions from fireman of said department, and from the monthly pension of retired members of said department, and from the pay of such of the other employees of said department as shall desire to avail themselves of this provision, the monthly sum of one dollar, which shall be received and held by the treasurer of the relief fund herein created, in the like manner as the other moneys herein provided to be paid to him; and which shall be known as the New York fire department life insurance fund; and in the case of the death of any member or employee of said de of assess firemen. partment, in the service thereof, or of any pensioned or retired mem- Payments ber of said department, and so contributing, there shall be paid to to widow. the widow, or if there be no widow, then to the legal representatives of such deceased member or employee or pensioned and retired member, the sum of one thousand dollars out of the moneys so assessed; and Increase in the case by reason of the number of deaths the aggregate amount ments on of money so provided to be assessed and collected should' prove inadequate to make such payment, then the assessment may, in the discretion of said trustees, be increased to not exceeding the sum of two dollars in each month's pay or each month's pension of pensioned and retired members of said department; and if in any year, owing to an Transfer excessive mortality in the uniformed force, the condition of said life to insur insurance fund shall render it, in the judgment of the said trustees, ance fund. necessary, a sum not exceeding five thousand dollars may be transferred and paid over from the said relief fund to the said life insurance fund, for the use and purpose of said life insurance fund. Chapter seven hundred and fifty-six of the laws of eighteen hundred and sixty-six is hereby repealed. §2. This act shall take effect immediately. from relief CHAP. 122. AN ACT further to amend chapter two hundred and sixty of Banking. the laws of eighteen hundred and thirty-eight, entitled "An act to authorize the business of banking," and to amend chapter two hundred and seventy-seven of the laws of eighteen hundred and fifty-nine, entitled "An act to provide for the reduction of the capital stock of banking associa tions." PASSED March 28, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: . SECTION 1. Section fifteen of chapter two hundred and sixty of the laws of eighteen hundred and thirty-eight, entitled "An act to authorize the business of banking," is hereby further amended so as to read as follows: Amending ch. 260, Laws 1838 (4 Edm. 127). etc. stock. § 15. Any number of persons may associate to establish offices of offices of discount, deposit and circulation, upon the terms and conditions, and discount, subject to the liabilities prescribed in this act, and the acts amendatory thereof; but the aggregate amount of the capital stock of any such association or bank shall not be less than one hundred thousand Capital dollars; provided, however, that banks with a capital of not less than fifty thousand dollars may be organized in any city, village or place, the population of which does not exceed thirty thousand inhabitants. § 2. Section one of chapter two hundred and seventy-seven of the Amending laws of eighteen hundred and fifty-nine, entitled "An act to provide Laws 1859 for the reduction of the capital stock of banking associations," is (4 Edm. hereby amended so as to read as follows: ch. 277, 190). capital § 1. It shall be lawful for a banking association now, or hereafter to Reducbe, organized under the general banking laws of this State, to reduce tion of its capital stock to an amount which shall be equal to the value of the stock. property and effects of such banking association, above and beyond all its debts and liabilities, and thenceforth the capital stock of such asso Villages. Amending ch. 291, Laws 1870 (7 Edm. 681). Contracts of water. ciation shall be such reduced amount, and the par value of the shares thereof shall be reduced in the same proportion; but in no case shall such capital stock be reduced below the amount required by law for a banking association. § 3. This act shall take effect immediately. A bank reducing its capital stock cannot retain as a surplus fund, or for other purposes, the whole or any part of the money which it receives for the retired stock. Seeley v. New York Exch. Nat. Bank, Thomp. Nat. Bank Cases, 804. After the reduction is effected, assessments of taxes can be made only on the reduced capital. People v. Olmstead, 45 Barb. 644. Ante, vol. 4, pp. 127, 190. CHAP. 129. AN ACT to amend chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages." PASSED March 31, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Title four of chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled "An act for the incorporation of villages," is hereby amended by adding thereto an additional section to be numbered section seven, as follows: § 7. The board of trustees shall also have power and is hereby for supply authorized to contract with any water company for supplying the village with water for the purpose of extinguishing fires, and to assess and collect the amount agreed to be paid in such contract, as other village taxes are assessed and collected; and any such contract entered into by the trustees of any village, shall be valid and binding upon Limitation such village; provided, however, that no such contract shall be made as to con- for a longer period than five years, nor for a sum exceeding in the aggregate fifty cents per capita, per annum, of the population of the village, unless the proposition for the same be submitted to a vote of the citizens, in the manner provided in sections four and five of this title, and approved by a majority of the voters entitled to vote on such question, and voting at an annual election, or at a special election duly called. tract. struction. § 2. This act shall take effect immediately. Ante, vol. 7, pp. 681, 694. CHAP. 134. Public in- AN ACT to amend chapter five hundred and fifty-five of the laws of eighteen hundred and sixty-four, entitled "An act to revise and consolidate the general acts relating to public instruction." Amending ch. 555, PASSED April 2, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Subdivision seven of section thirteen, title nine, of chapLaws 1864. ter five hundred and fifty-five of the laws of eighteen hundred and sixty-four, entitled "An act to revise and consolidate the general acts relating to public instruction," is hereby amended so as to read as fol lows: board of free 7. To have in all respects the superintendence, management and Powers of control of said union free schools, and to establish in the same an aca- education demical department whenever in their judgment the same is warranted of union by the demand for such instruction; to receive into said union free school disschools any pupils residing out of said districts, and to regulate and tricts. establish the tuition fees of such non-resident pupils in the several departments of said schools; provided, that if such non-resident pupils, their parents or guardians shall be liable to be taxed for the support of said schools in the districts, or either of them, on account of owning property therein, the amount of any such tax paid by a non-resident pupil, his parent or guardian, shall be deducted from the charge for tuition; to provide fuel, furniture, apparatus, and other necessaries for the use of said schools, and to appoint such librarians as they may from time to time deem necessary. § 2. This act shall take effect immediately. Ante, vol. 6, p. 353. The amendment consists of inserting the clause, between semi-colons, beginning " provided, that if such non-resident pupils," etc. CHAP. 136. Baptist AN ACT to amend chapter three hundred and twenty-nine of the laws of eighteen hundred and seventy-six, entitled "An churches. act securing to Baptist churches of the State of New York the benefits of incorporation, and repealing chapter six hundred and thirty-three of the laws of eighteen hundred and seventy-three, entitled 'An act to authorize the incorporation of Baptist churches in the State of New York, and supplementary to an act entitled, An act to provide for the incorporation of religious societies, passed April fifth, eighteen hundred and thirteen.'" PASSED April 2, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Amending Laws 1876. SECTION 1. Chapter three hundred and twenty-nine of the laws of eighteen hundred and seventy-six, entitled "An act securing to ch. 329, Baptist churches of the State of New York the benefits of incorporation, and repealing chapter six hundred and thirty-three of the laws of eighteen hundred and seventy-three, entitled An act to authorize the incorporation of Baptist churches in the State of New York, and supplementary to an act entitled, An act to provide for the incorporation of religious societies, passed April fifth, eighteen hundred and thirteen,' is hereby amended by adding thereto an additional section, to be numbered section eight, as follows: ganiza § 8. In case any church previously enjoying the benefits of incor- Trustees poration may have already reorganized under the provisions of the act on reor hereby amended, or shall hereafter reorganize thereunder, the trustees tion. elected at such reorganization shall be the legal successors of those elected under any previous law; and the latter shall at once convey to the former all the property held by them in trust for said church, subject to the rights of all parties who may have acquired an interest therein. § 2. This act shall take effect immediately. Ante, p. 304. CHAP. 143. Disorderly AN ACT to amend section two, title five, chapter twenty, part one of the Revised Statutes, entitled "Of disorderly persons." persons. Amending PASSED April 4, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two, title five, chapter twenty, part one of the 1 R. S. 638. Revised Statutes is hereby amended so as to read as follows: § 2. Upon complaint made on oath to any justice of the peace or to any police justice of any city or village, against any person as being disorderly, he shall issue his warrant for the apprehension of the offender, and cause him or her to be brought before such justice for examination. If it shall appear by the confession of the offender or by competent testimony that he or she is a disorderly person, the justice may require of the offender sufficient sureties for his or her good behavior for the space of one year. In default of such sureties being found, the justices shall make up, sign and file in the county clerk's office, a record of the conviction of such offender as a disorderly person, specifying generally the nature and circumstances of the offense, and shall, by warrant under his hand, commit such offender to the common jail of the city or county, or to the penitentiary of the county, there to remain until such sureties be found, or such offender be discharged according to law. § 2. This act shall take effect immediately. Ante, vol. 1, p. 591. Amended by inserting the words " or to any police justice of any city or village," after the words "justice of the peace" in the first line. CHAP. 145. Intoxicat- AN ACT to further amend chapter one hundred and seventy ing liquors Amending ch. 175, Laws 1870. Commissioners of of. five of the laws of eighteen hundred and seventy, entitled "An act regulating the sale of intoxicating liquors." PASSED April 4, 1879; three-fifths being present. The People of the State of New York. represented in Senate and Assembly, do enact as follows: SECTION 1. Section two of chapter one hundred and seventy-five of the laws of eighteen hundred and seventy, entitled "An act regulating the sale of intoxicating liquors," is hereby further amended so as to read as follows: § 2. The mayor of each of the cities, except in the cities of New York, excise, ap- Brooklyn, and Poughkeepsie, shall appoint the commissioners of excise pointment in their respective cities within ten days after the passage of this act; but in the cities of New York, Brooklyn and Poughkeepsie, the mayor shall nominate three good and responsible citizens to the board of aldermen of such cities respectively, who shall confirm or reject such nominations. In case of the rejection of such nominees, or any of them, the mayor shall nominate other persons as aforesaid, and shall continue so to nominate, until the nominations shall be confirmed. The present commissioners of excise for the metropolitan district and the commission Present commissioners to hold till |