CHAP. 273. AN ACT authorizing the incorporation of associations to erect monuments to perpetuate the memory of soldiers who fell in defense of the Union. PASSED March 30, 1866; three-fifths being present. The people of the State of New York, represented in Senate and Assembly, do enact as follows: form asso $1. Any number of persons residing in this state, not less who may than three, who shall desire to form an association for the clation. purpose of erecting a monument or monuments, to perpetuate the memory of the soldiers who fell or died of wounds received in the defense of the Union, or who died whilst in actual service during the late war for the said defense of the Union, may meet at such place as they may agree, and appoint a chairman and secretary by the vote of a majority of the persons present at the meeting, and proceed to form an association by determining upon a corporate name by which the association shall be called and known, by determining on the number of trustees to manage the concerns of the asso- Trustees, ciation, which number shall not be less than six nor more than chosen, twelve in addition to the supervisor and justices of the peace of the town in which such association shall be formed, and may thereupon proceed to elect by ballot the number of trustees so determined on, and the supervisor and justices of the peace of the said town for the time being, shall respectively Ex officlo be ex officio trustees of the said association. how to be trustees. chairman. S2. The chairman and secretary of the meeting shall within Certificate of six days after such meeting, make a written certificate and sign their names thereto and acknowledge the same before an officer authorized to take the proof and acknowledgment of conveyances in the county where such meeting shall have been held, which certificate shall state the names of the associates who attended such meeting, the corporate name of the association determined upon by the majority of the persons who met, the number of trustees fixed on to manage the affairs of the association, other than the ex officio trustees, the names of the trustees chosen at the meeting, which certificate the chairman and secretary of such meeting shall cause to be recorded in the clerk's office of the county in which the meeting was held, in a book to be appropriated for the recording of certificates of incorporation. Recording of certificate ciation to be incorpora 3. Upon such certificate duly acknowledged as aforesaid When assobeing recorded, the association mentioned therein shall be deemed deemed legally incorporated and shall have and possess the ted. general powers and privileges and be subject to the liabilities and restrictions contained in the third title of the eighteenth chapter of part first of the Revised Statutes, except that each subscriber shall be bound to pay only to the amount subscribed Othcers., by him. The affairs and property of such association shall be managed by the trustees who shall appoint from among their number a president, vice-president, secretary and a treasurer, who shall hold their places during the pleasure of the board of trustees; and the trustees may require the treasurer to give security for the faithful performance of the Vacancies. duties of his office, and if a vacancy shall occur in said board of trustees or in any of its officers by death, resignation, refusal to act or otherwise of any trustee or officer of said board, the then remaining trustees at any legal meeting of said trustees, shall and may and they are hereby authorized and required to elect and choose a fit person or persons to fill up and supply such vacancy or vacancies, provided, however, that the then remaining members of said board of trustees shall have been notified that such vacancy or vacancies in such board or its officers will be then filled; and a majority of the then trustees shall be necessary to form a quorum for the transaction of business, and the services of said trustees shall be gratuitons. Quorum. Real estate. Preserva tion of monuments S 4. Any association incorporated under this act, may take by purchase or devise, and hold within the county in which the certificate of their incorporation is recorded, not exceeding five acres of land, to be held and occupied exclusively for the erection of a suitable monument or monuments to perpetuate the memories of the soldiers from the town in which such monument or monuments shall be erected, who died in actual service during the late war for the defense of the Union, and such association may erect such monument or and grounds monuments upon any public square or grounds of any city or village with the legal consent of the proper officers of said city or village, or may purchase or accept the donation of any lands suitable for that purpose; and may take and hold any property, real or personal, bequeathed or given upon trust, to apply the same or the income or the proceeds thereof, under the direction of the trustees of such association, for the improvement or embellishment of such monument or monuments or the erection or preservation of any structures, fences or walks erected or to be erected upon the lands of such association, or for the repair, preservation, erection or renewal of such monument or mouments, fence or other structure, in, around or upon said lands, or for planting and cultivating trees, shrubs, flowers or plants, in, around or upon any such lauds, or for improving or embellishing the same in any manner or form consistent with the design and purposes of the association, according to the terms of such grant, devise or bequest; but the annual income of such estate, over and above the amount that may be expended in the purchase of grounds and in the erection of said monument or monuments, and in inclosing, laying out and ornamenting the same, shall not exceed the sum of five thousand dollars. defacement ments, etc. $5. Any person who shall willfully destroy, mutilate, deface. Penalty for injure or remove any monument of any association incor- of monuporated under this act, or any fence, railing or other work for the protection or ornament thereof, or shall willfully destroy, cut, break or injure any tree, shrub, or plant on the lands of said association, shall be deemed guilty of a misdemeanor; and such offender shall also be liable in an action of trespass, to be brought in all such cases in the name of such association, to pay all such damages as shall have been caused by his unlawful act or acts. Such money when recovered shall be applied by the trustees to the reparation or restoration of the property so injured or destroyed. exempt $6. The property of any association formed pursuant to Property this act, shall be exempt from levy and sale on execution, and from taxes. from all public taxes, rates and assessments, and no street, road, avenue or thoroughfare shall be laid through the lands of such association held for the purposes aforesaid, without the consent of the trustees of such association, except by special permission of the legislature of the state. improve repair etc. $7. A tax may be imposed, levied and collected on the Tax for taxable property in any town in which such monument or monu- ment and ments may be erected for the purpose of repairing or improving the same and the grounds thereof; such tax shall be imposed in the manner prescribed by law for imposing general taxes in such town as are now authorized to be imposed. CHAP. 298. AN ACT in relation to the restoration of securities now held on deposit in the insurance department. in trust for life insurance companies created under the laws of other States of the United States. PASSED March 31, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows: securities. S1. Every company or association transacting the business Change of of life insurance, and incorporated by or organized under the laws of any other state government of the United States, which has heretofore, in pursuance of the provisions of the act entitled "An act in relation to all companies transacting the business of life insurance within this state," passed April eighth, eighteen hundred and fifty-one, deposited any securities with the comptroller of this state, shall be entitled to a re-assignment and redelivery of the said securities so deposited or of the securities substituted therefor, upon complying with the provisions of the fourteenth section of the act entitled "An act to provide for the incorporation of life and health insurance companies, and in relation to agencies of such companies," passed June twenty-fourth, eighteen hundred and fifty-three; and the superintendent of the insurance department is hereby authorized and directed to make such re-assignment and redelivery, upon the demand of any such company or association as aforesaid, and upon satisfactory proof being made to him of such compliance as aforesaid. S2. This act shall take effect immediately. Ante, vol. 4, p. 216. Pay of jurors. CHAP. 307. AN ACT to amend "An act entitled an act to amend an act entitled an act in relation to the fees of grand and petit jurors," passed May second, one thousand eight hundred and sixty-four. PASSED March 31, 1866; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : S1. The first section of chapter five hundred and forty-five of the Laws of eighteen hundred and sixty-four, is hereby amended so as to read as follows: 1. The first section of chapter one hundred and seventysix, of the Laws of one thousand eight hundred and fifty-eight, is hereby amended so as to read as follows: § 1. The several boards of supervisors in this state may, at their first or any subsequent meeting after the passage of this act, direct a sum not exceeding two dollars a day to be allowed to every grand and petit juror for attending the courts of record held within their several counties, in addition to other fees which such jurors may receive; and they may also direct an allowance to be made to such jurors for traveling, in coming to and returning from such courts, not exceeding five cents a mile; such money shall be raised in the same manner as other county charges are by law raised and collected. S2. This act shall take effect immediately. Ante, p. 303. CHAP. 317. AN ACT to enable lodges and chapters of free and accepted masons to take, hold and convey real and personal estate. PASSED April 2, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows: hold and property. $1. Whenever any lodge or chapter of free and accepted Lodges may masons which is or hereafter may be duly chartered by and convey installed according to the general rules and regulations of the grand lodge or grand chapter of free and accepted masons of the State of New York, shall be desirious of having the benefit of this act, it shall and may be lawful for such lodge or chapter, at any regular communication or convocation thereof, held in accordance with the constitution and general regulations of the grand lodge or chapter aforesaid, and in conformity to its own by-laws, to elect three trustees for such lodge or chapter, for the purpose aforesaid, a certificate of which election and purpose shall be made and subscribed by the first three elective officers of such lodge or chapter, under their hands, and stating therein the time and place of such election, the regularity thereof, the names of said trustees and the terms severally for which they are allotted to serve, and the name of the lodge or chapter for which they are elected. The execution of such certificate shall be acknowledged or proved before some officer authorized to take the acknowledgment of deeds, who shall indorse thereon a certificate of such acknowledgment, under his hand, and the same shall then be filed in the office of the secretary of state. Such trustees and their successors shall thereupon be and become entitled to all the benefits, rights and privileges granted by this act, to and for the use and behoof of said lodge or chapter, and a copy of said certificate, certified by the secretary of state, or his deputy, shall be evidence of the right of said trustees to exercise all the rights and privileges conferred by this act; and said trustees shall thereupon be authorized to take, hold and convey real and personal estate, for the charitable purposes of said lodge or chapter, not exceeding the clear annual value of ten thousand dollars. S2. The persons so first elected trustees shall be divided Trustees. by lot by said officers making said certificate, so that the term of one shall expire on the day of the festival of St. John the evangelist, next thereafter, and another in one year, and the third in two years thereafter. One trustee shall annually thereafter, prior to the expiration of the terms of office of said trustees and their successors, be elected by said lodge or |