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company, with the unanimous consent of its trustees, unless otherwise provided in its charter, by altering or amending its charter in this respect, and filing such written consent of said superintendent, a copy of its charter, so amended, together with a declaration under its corporate seal, signed by its president and directors, of their desire so to do, with such written consent of three-fourths in amount of its stockholders or the unanimous consent of the trustees as aforesaid to such increase, change of name or acquisition of such additional powers, in the office of the said Superintendent, and upon the same proceedings being had as are required by the tenth section of this act. And whenever any company formed under this law shall have accumulated, and be in possession of, a fund in addition to the amount of its capital stock, and all actual outstanding liabilities in excess of one-half of the amount of all premiums on risks not terminated, such company may increase its capital stock from such fund; and distribute said increase pro rata to the stockholders of such company; provided always, that such increase shall be equal to at least twenty-five per cent of the original capital stock of said company, and shall have been approved by the Superintendent of the Insurance Department, and authorized by at least three-fourths of the board of directors of said company, and provided, also, that any company may hereafter make and declare a dividend, as provided by the provisions of the general insurance act. §2. This act shall take effect immediately.

CHAP. 209.

AN ACT supplementary to chapter sixty of the laws of eighteen hundred and thirteen, entitled "An act to provide for the incorporation of religious societies."

PASSED April 29, 1875.

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

SECTION 1. Any two or more religious corporations, incorporated under the provisions of the third section of chapter sixty of the laws of eighteen hundred and thirteen, entitled "An act to provide for the incorporation of religious societies," and the several acts amendatory thereof or supplemental thereto, are hereby authorized to unite and consolidate themselves into a single corporation in the manner following.

Corpora

tions may unite,

3 Edm. 686.

ment for the union.

§2. The said corporations may enter into an agreement under their Agreerespective corporate seals for the union and consolidation of the said corporations, setting forth the terms and conditions thereof, the name of the proposed new corporation, the names of the persons who shall be its church wardens and vestrymen, minister, elders and deacons or trustees, or other officers, as the case may be, until the first annual election of the proposed new corporation, and fixing the day of its annual election.

the court.

§ 3. Each of the said corporations may make its separate petition to Petition to the Supreme Court for an order for such union and consolidation, setting forth in such petition the reasons for such union and consolidation, the agreement made pursuant to the second section of this act,

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Meeting of corporations.

Order of

all its property, real and personal, all its debts and liabilities, and the amount and sources of its annual income.

§ 4. A meeting of each of said corporations, to consider and act upon the proposed union and consolidation, and the agreement and petition therefor, shall be called by a notice given in the same manner, and for the same length of time, as is provided for notices of election of trustees, in the said third section of the act hereby amended; and in case the proposed union and consolidation, and the agreement and petition therefor shall receive the approval of three-fourths of the persons entitled to vote at an election of trustees of each of the corporations assembled at such meeting, or at an adjourned meeting, or a subsequent meeting called in like manner, then, and not otherwise, the proposed union and consolidation may be proceeded with, and the petition presented to the court.

§ 5. Upon such petitions from each of such corporations so proposthe court. ing to be united and consolidated, and upon the said agreement, and the proceedings of the meetings prescribed in the fourth section, satisfactorily proved or certified, the Supreme Court may, in case it shall deem it proper, make an order for the union and consolidation of such corporations, determining all the terms, conditions and provisions. thereof. All parties interested therein may be heard on such petition.

Rights and powers of new cor

poration.

§ 6. When such order is made and entered, according to the practice of the court, the said corporations shall be united and consolidated into one corporation, by the name designated in the order, and it shall have all the rights and powers, and be subject to all the obligations of religious corporations under the act to which this is supplementary, and the acts amendatory thereof and supplementary thereto.

§ 7. And thereupon all the estate, rights and property of whatsoever nature, belonging to either of said corporations, shall, without further act or deed, be vested in and transferred to the new corporation as effectually as they were vested in or belonged to the former corporations, and the said new corporation shall be liable for all the debts. and liabilities of the former corporations, in the same manner and as effectually as if said debts or liabilities had been contracted or incurred by it.

§ 8. This act shall take effect immediately.

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CHAP. 213.

AN ACT relative to the care and education of deaf-mutes.
PASSED April 29, 1875; 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 three hundred and twenty-five of the laws of eighteen hundred and sixty-three, entitled "An act to provide for the care and education of indigent deaf-mutes under the age of twelve years," as amended by chapter one hundred and eighty of the laws of eighteen hundred and seventy, and chapter five hundred and forty-eight of the laws of eighteen hundred and seventy-one, is hereby further amended so as to read as follows:

§ 1. Whenever a deaf-mute child, under the age of twelve years, shall become a charge for its maintenance on any of the towns or counties of this State, or shall be liable to become such charge, it shall be the duty of the overseers of the poor of the town, or of the supervisors of such county, to place such child in the New York Institution for the Deaf and Dumb, or in the Institution for the Improved Instruction of Deaf-mutes, or in the Le Couteulx St. Mary's Institution for the Improved Instruction of Deaf-mutes in the city of Buffalo, or in the Central New York Institution for Deaf-mutes in the city of Rome, or in any institution of the State for the education of deaf-mutes.

§ 2. Section two of chapter three hundred and twenty-five of the laws of eighteen hundred and sixty-three, as amended by chapter one hundred and eighty of the laws of eighteen hundred and seventy, and chapter five hundred and forty-eight of the laws of eighteen hundred and seventy-one, is hereby further amended so as to read as follows:

§ 2. Any parent, guardian or friend of a deaf-mute child within this State, over the age of six years, and under the age of twelve years, may make application to the overseers of the poor of any town, or to any supervisor of the county where such child may be, showing by satisfactory affidavit, or other proof, that the health, morals or comfort of such child may be endangered, or not properly cared for, and thereupon it shall be the duty of such overseer or supervisor to place such child in the New York Institution for the Deaf and Dumb, or in the Institution for the Improved Instruction of Deaf-mutes, or in the Le Couteulx St. Mary's Institution for the Improved Instruction of Deafmutes in the city of Buffalo, or in the Central New York Institution for Deaf-mutes in the city of Rome, or in any institution in the State for the education of deaf-mutes.

§ 3. Sections three and four of chapter three hundred and twentyfive of the laws of eighteen hundred and sixty-three are hereby amended so as to read as follows:

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§ 3. The children placed in said institutions, in pursuance of the Expense. foregoing sections, shall be maintained therein at the expense of the county from whence they came, provided that such expense shall not exceed three hundred dollars each per year, until they attain the age of twelve years, unless the directors of the institution, to which a child has been sent, shall find that such child is not a proper subject to remain in said institution.

§ 4. The expenses for the board, tuition and clothing for such deafmute children, placed as aforesaid in said institutions, not exceeding the amount of three hundred dollars per year, above allowed, shall be raised and collected as are other expenses of the county from which such children shall be received; and the bills therefor, properly authenticated by the principal or one of the officers of the institution, shall be paid to said institution by the said county; and its county treasurer or chamberlain, as the case may be, is hereby directed to pay the same on presentation, so that the amount thereof may be borne by the proper county.

$5. Sections nine and ten of title one of chapter five hundred and fifty-five of the laws of eighteen hundred and sixty-four, entitled "An act to revise and consolidate the several acts relating to public instruction." is hereby amended so as to read as follows:

Amending
Laws 1864.

ch. 555,

§ 9. Every person resident in this State, between twelve and twenty- State five years of age, whose parent or parents, or, if an orphan, whose pupils. nearest friend, shall have been a resident in this State for the three years preceding, and who may make application for that purpose, shall

Shade trees.

De received into one of the following named institutions, viz.: the New York Institution for the Instruction of the Deaf and Dumb, the New York Institution for the Improved Instruction of Deaf-mutes, the Le Couteulx St. Mary's Institution for the Improved Instruction of Deaf-mutes, in the city of Buffalo, or the Central New York Institution for Deaf-mutes in the city of Rome, or in any institution in this State for the education of deaf-mutes.* either of the institutions aforesaid shall be provided with board, lodging and tuition; and the directors of said institution shall receive for each pupil so provided for, the sum of three hundred dollars per annum, in quarterly payments, to be paid by the Treasurer of the State, on the warrant of the Comptroller, to the treasurer of said institution, on his presenting a bill showing the actual time and number of such pupils attending the institution, and which bill shall be signed by the president and secretary of the institution, and verified by their oaths. The regular term of instruction for such pupils shall be five years; but the Superintendent of Public Instruction may, in his discretion, extend the term of any pupil for a period not exceeding three years. The pupils provided for in this and the preceding section of this title shall be designated State pupils, and all the existing provisions of law applicable to State pupils now in said institutions shall apply to pupils herein provided for.

6. This act shall take effect immediately.

Ante, vol 4, p. 304; vol. 7, p. 669. See, also, § 4 of ch. 567, post, p. 186.

CHAP. 215.

AN ACT to prevent the mutilation of shade or ornamental

trees.

PASSED April 29, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. It shall be unlawful for any person or persons whatsoever in this State, to hitch any horse or other animal to, or leave the same standing near enough to, to injure any fruit or forest tree that has been transplanted or used as a shade or ornamental tree around any school-house, church or public building, or along any public high

way.

§2. Any person or persons guilty of violating the provisions of section one of this act shall be liable to prosecution by any person before any justice of the peace in the town where the offense is committed, and punishable by a fine not exceeding ten dollars nor less than one dollar, besides the costs of the action, and every such penalty, when collected, shall be paid by the justice, one-half to the overseers of the poor of the town in which recovery was had, and the remainder to the complainant, and the same process and means for the collection of the penalties imposed by this act may be issued and had as are now allowed by law for the collection of damages in actions of tort, but no provision of this act shall operate to interfere with any ordinance of the incorporated villages and cities of this State intended to secure the protection of shade trees therein.

§3. This act shall take effect immediately.

* So in the original; probably an omission.

CHAP. 223.

Code.

AN ACT to amend chapter eighty of the laws of eighteen Military hundred and seventy, entitled "An act to provide for the see ch. 275, enrollment of the militia, for the organization of the National Laws 1878, Guard of the State of New York, and for the public defense, and entitled the Military Code."

PASSED April 30, 1875; three-fifths being present, and two-thirds of the members in each House present concurring therein.*

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

§ 5. Section twenty-five of said act is hereby amended so as to read as follows:

post.

Assistants

§ 25. The Adjutant-General shall have the rank of Major-General; Adjutantand in the corps of Adjutants-General there shall be an assistant General. Adjutant-General with the rank of Colonel; and such acting assistants as shall be required may be appointed by the Adjutant-General, with the approval of the Commander-in-Chief; and to each division an assistant Adjutant-General, with the rank of Colonel, to be chief of staff; to each brigade an Assistant Adjutant-General, with the rank of Lieutenant-Colonel, to be chief of staff; and to each regiment an Adjutant with the rank of first lieutenant.

§ 8. Section thirty-three of said act is hereby amended so as to read as follows:

sary-Gen

$53. The Commissary-General of Subsistence shall have the rank of Commis brigadier-general, and in the subsistence corps there shall be to each eral. division a commissary of subsistence with the rank of lieutenantcolonel; and to each brigade a commissary of subsistence with the rank of captain; and to each regiment or battalion a commissary of subsistence with the rank of first-lieutenant; and so many assistant commissaries, with the rank of captain, as in the opinion of the Commander-in-Chief the exigencies of the service may require; such assistant commissaries to be appointed by the Commander-in-Chief on the recommendation of the commissary-general of subsistence, and hold their offices during the pleasure of the Commander-in-Chief. § 11. Section forty-five of said act is hereby amended so as to read. as follows:

General.

§ 45. In his annual report, the Inspector-General shall state what Report of general and field officers have been in command of parades and Inspector encampments, and what degree of improvement has been attained by both officers and men, and whether the general regulations have been observed, together with such suggestions as he may see fit to make. § 12. Section fifty of said act is hereby amended so as to read as follows:

Inspector

$ 50. In the absence of the Inspector-General, or in case of his Assistant inability to perform his duties, the assistant Inspector-General shall General. have full power to perform all duties appertaining to the office of the Inspector-General. But nothing in this section shall be so construed as to give any validity to the acts of the assistant Inspector-General in case of the disapproval of the Inspector-General.

§ 16. Section seventy-one of said act is hereby amended so as to read as follows:

* See § 6, of article eleven, of the Constitution of the State of New York.

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