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of the acts hereby amended shall be to the State assessors instead of Appeals to the comptroller, and as to such and all appeals pending under said sons inact upon the hearing of which the comptroller has not entered, the stead of State assessors are vested with, and shall exercise, all the powers and troller. discharge all the duties that by said act and the amendments thereof are vested in or imposed upon the comptroller, in lieu of said comptroller; and when any appeal shall hereafter be brought, & notice of such appeal shall be served on the State assessors by filing the same in the office of the secretary of State, within ten days after the final completion of the corrected assessment rolls by the board of supervisors, and such notice shall also be served on the chairman of said board of supervisors within the same time.
83. The provisions of this act shall apply to all appeals pending and undetermined at the time of its passage. 8 4. This act shall take effect immediately. Ante, vol. 9, pp. 596 and 902 ; vol. 3, p. 376.
AN ACT supplemental to chapter forty of the laws of eigh- Supple
teen hundred and forty-eight, entitled “An act to authorize the 40 the formation of corporations for manufacturing, mining, for forma mechanical or chemical purposes, and the amendments tion of made thereto.
PASSED March 31, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Any three or more persons may organize and form Organizathemselves into a corporation in the manner specified and required in tjaterte and by the act entitled “ An act to authorize the formation of cor- panies. porations for manufacturing, mining, mechanical or chemical purposes,” passed February seventeenth, eighteen hundred and forty-eight, and the amendments thereof and supplements thereto, for the purpose of accumulating, storing, conducting, selling, furnishing and supplying water for mining, domestic, manufacturing, municipal and agricultural purposes, and may acquire, take, hold, lease and convey lands and water power suitable for those purposes.
$ 2. Every corporation so formed and the stockholders thereof shall Liability of be subject to all the provisions, duties and obligations contained in com
pany and the above-mentioned act, and shall be entitled to all the benefits and stockprivileges thereby conferred, except that such corporations shall not be confined in their operations to the county in which their certificate shall be filed.
§ 3. It shall and may be lawful for any corporation heretofore incor- Mining porated for mining purposes, under the act mentioned in the first companies section of this act, to conduct the business for which the formation duct busiof corporations is authorized by said first section; provided the inten- rized by tion so to do shall be specified among the objects for which such corporation is formed in its certificate of incorporation.
$ 4. It shall and may be lawful for any corporation heretofore incorporated for mining purposes, under chapter forty of the laws of eighteen hundred and forty-eight, entitled " An act to authorize the formation of corporations for manufacturing, mining, mechanical or
But must file certifcate of such intention.
chemical purposes," or under any amendment of or supplement to the said acts, to conduct the business for which the formation of corporations is authorized by this act; provided a certificate signed and acknowledged by a majority of the trustees of the said corporation shall be filed in the office of the clerk of the county where the original certificate of incorporation was filed, and a certified copy thereof in the office of the secretary of State, stating that the said corporation intends to avail itself of the provisions of this act, and to carry on the business provided for in this act in addition to the business specified in the said original certificate of incorporation.
85. No corporation shall be formed under this act for the purpose of accumulating, storing, conducting, selling, furnishing and supplying water for domestic or municipal purposes in the cities of New York, Buffalo, Rochester and Kingston, or either of them.
8 6. This act shall take effect immediately.
Does not apply to certain counties.
8 4, tit. 1,
CHAP. 86. Devedesetih AN ACT to amend chapter eight of part first of the Revised
Statutes, entitled “Of the duties of the executive officers of the State, and of various matters connected with their respective departments."
PASSED March 31, 1880 ; 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 four of title one of chapter eight of part first ch. 8, pt. 1,
of the Revised Statutes, entitled “Of the daties of the executive officers of the State, and of various matters connected with their
respective departments," is hereby amended so as to read as follows: Custody of § 4. The governor shall have the custody of the privy seal, of which privy seal. description in writing has been deposited and recorded in the secre
tary's office, and which shall be and continue the privy seal of this State.
§ 2. Section one of title two of said chapter is hereby amended so
as to read as follows: Custody of $ 1. The secretary of State shall have the custody of all the books
, and books, records, deeds, parchments, maps and papers now deposited, or that
may hereafter be deposited or kept in his office, and shall, from time preserva
to time, make such provision for the arrangement and preservation
thereof as he may deem necessary, and shall also have the custody of 1 Edm. 166. the great seal, of which description in writing has been deposited and
recorded in the secretary's office, and which shall be and continue the great seal of this State.
$ 2.* This act shall take effect immediately. The amendments made by this act transfer the custody of the great seal from the Governor to the Secretary of State.
tion and arrangement.
* So in the original.
AN ACT to authorize the police departinent or board of police Telegraph
of any city to appoint policemen of district telegraph com- fels panies.
PASSED April 2, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. The police department or board of police of any city is Police dehereby authorized, in addition to the police force now authorized by partment law, to appoint a number of persons, not exceeding two hundred, who appoint may be designated by any company which may be operating a system Picers of signaling by telegraph to a central office for police assistance, to act as special patrolman in connection with such telegraphic system. And the persons so appointed shall, in and about such service, have all the powers possessed by the members of the regular force, except as may be limited by and subject to the supervision and control of the police department or board of police of said city.
8 2. No person shall be appointed as a special patrolman under this Qualificaact, who does not possess the qualifications which may be required by cations. , such police department or board of police for said special service ; and the persons so appointed shall be subject, in case of emergency, to do duty as a part of the regular police force of such city. The police department or board of police shall have power to revoke any such appointment or appointments at any time, and every person so appointed shall wear a badge and uniform, to be furnished by such company and approved by the police department or board of police. Such uniform shall be designated at the time of the first appointment under this act, and shall be the permanent uniform to be worn by said special police.
$ 3. The pay of such special patrolmen and all expenses connected Compensa with their service shall be wholly paid by such company or companies, tion. and no expense or liability shall at any time be incurred or paid by the police department or board of police of any city for, or by reason of, the services of the persons so as aforesaid appointed.
$ 4. This act shall take effect immediately.
AN ACT to amend section two of chapter nine hundred and seven
teen of the laws of eighteen hundred and sixty-nine, entitled “ An act authorizing the consolidation of certain railroad companies.
PASSED April 3, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Section two of chapter nine hundred and seventeen of the laws of eighteen hundred and sixty-nine, entitled "An act authorizing the consolidation of certain railroad companies,” is hereby amended so as to read as follows:
$ 2. Said consolidation shall be made under the conditions, provisions and restrictions, and with the powers hereinafter in this act mentioned and contained,
that is to say: Directors
1. The directors of the companies proposing to consolidate may enter into may enter into joint a joint agreement, under the corporate seal of each company, for the consoli
dation of said companies and railroads, and prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the new corporation, the number and names of the directors and other officers thereof, and who shall be the first directors and officers and their places of residence, the number of shares of the capital stock, the amount of par value of each share, and the manner of converting the capital stock of each of said companies into that of the new corporation, and how and when directors and officers shall be chosen, with such other details as they shall deem necessary to perfect
such new organization and the consolidation of said companies or railroads. Amount But in no case shall the capital stock of the company formed by such consoliof capital dation exceed the sum of the capital stock of the companies so consolidated,
at the par value thereof. Nor shall any bonds or other evidences of debt be
issued as a consideration for, or in connection with, such consolidation. Agree- 2. Said agreement shall be submitted to the stockholders of each of the be submit- said companies or corporations at a meeting thereof called separately for the ted to purpose of taking the same into consideration; due notice of the time and meeting of stockhold.
place of holding said meeting, and the object thereof, shall be given by each company to its stockholders by written or printed notices addressed to each of the persons in whose names the capital stock of such company stands on the books thereof, and deliver to such persons respectively, or send to them by mail, when their post-office address is known to the company, at least thirty days before the time of holding such meeting, and also by a general notice published daily for at least four weeks in some newspaper printed in the city,
town or county where such company has its principal office or place of busiVote to be pess; and at the said meeting of stockholders the agreement of the said ditaken by ballot.
rectors shall be considered, and a vote by ballot taken for the adoption or reTwo-third
jection of the same, each share entitling the holder thereof to one vote, and vote re- said ballots shall be cast in person or by proxy, and if two-thirds of all the quired. votes of all the stockholders shall be for the adoption of said agreement, then
that fact shall be certified thereon by the secretaries of the respective companies, under the seal thereof, and the agreement so adopted, or a certified copy thereof, shall be filed in the office of the secretary of State, and shall from thence
be deemed and taken to be the agreement and act of consolidation of the said Certified
companies; and a copy of the said agreement and act of consolidation, duly copy to be evidence. certified by the secretary of State, under his official seal, shall be evidence in
all courts and places of the existence of said new corporation, and that the
82. This act shall take effect immediately.
AN ACT to amend chapter two hundred and sixty-seven of Societies
the laws of eighteen hundred and seventy-five, entitled " An act for the incorporation of societies or clubs for certain lawful purposes.
PASSED April 7, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Section four of chapter two hundred and sixty-seven of Amending the laws of eighteen hundred and seventy-five, entitled " An act for Laws 18,5. the incorporation of societies or clubs for certain lawful purposes," is hereby amended so as to read as follows :
$ 4. The society so incorporated may elect from its members its Election, trustees, directors or managers; and the trustees, directors or mana- ions and gers so elected may divide the whole number of trustees, directors or duties of
. managers into classes, so that not less than one-fourth of their number Ante, p. shall be elected annually, after the first organization of any board of 106. such trustees, directors or managers. Such election may be held at such time and place and in such manner as may be specified in the by-laws; and such board shall have the control and management of the affairs and funds of said society, a majority of whom shall be a quorum for the transaction of business; and whenever any vacancy shall happen among such trustees, directors or managers, by death resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. The number of trustees, directors or managers in any corporation organized under this act may at any time be increased to not more than twenty or diminished to not less than five, as follows: The existing trustees, directors or managers of any such corporation, or a majority of them, shall make and sign a certificate declaring how many trustees, directors or managers the corporation shall thereafter have, and stating the names of such trustees, directors or managers for the present time, which certificate shall be acknowledged by the trustees, directors or managers signing the same, or proved by subscribing witness, and shall be filed in the office of the clerk of the county where the original certificate of incorporation was filed, and a duplicate or transcript thereof, duly certified under the official seal of such clerk, shall be filed in the office of the secretary of state ; and from and after the filing of such certificate and duplicate or transcript the trustees, directors or managers of such corporation shall be deemed increased or diminished to the number therein stated, and the persons so named therein shall be trustees, directors or managers until a new election thereof shall be had according to this act and the constitution, by-laws or regulations of such corporation. But no action of the trustees, directors or managers, changing the number of such trustees, directors or managers, shall be valid until ratified by a majority of the members of such corporation at a meeting called for that purpose. $ 2. This act shall take effect immediately.