PART IL To corporations of cities or villages. For use of common schools.. Trusts, how long to continue. Devise and bequest in as valid as a conveyauce. $2. Real and personal estate may be granted and conveyed to the corporation of any city or village of this state, to be held in trust for any purpose of education, or the diffusion of knowledge, or for the relief of distress, or for parks, gardens, or other ornamental grounds, or grounds for the purposes of military parades and exercise, or health and recreation, within or near such incorporated city or village, upon such conditions as may be prescribed by the grantor or donor, and agreed to by such corporation; and all real estate so granted or conveyed to such corporation, may be held by the same, subject to such conditions as may be prescribed and agreed to as aforesaid. 15 B., 147. S 3. Real and personal estate may be granted to commissioners of common schools of any town, and to trustees of any school district, in trust for the benefit of the common schools of such town, or for the benefit of the schools of such district. $ 4. The trusts authorized by this act may continue for such time as may be necessary to accomplish the purposes for which they may be created. CHAP. 261. AN ACT in addition to the "Act authorizing certain trusts," passed May 14, 1840. PASSED May 26, 1841. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. Devises and bequests of real and personal property in trust to be trust, for any of the purposes for which such trusts are authorized under the "act authorizing certain trusts," passed May 14, 1840, and to such trustees as are therein authorized, shall be valid in like manner as if such property had been granted and conveyed according to the provisions of the aforesaid act. 17 B., 106; 15 B., 147; 9 B., 99, 343. CHAP. I. CHAP. 74. AN ACT to amend the act, passed May, 1841, authorizing colleges and other incorporated literary institutions to hold real and personal estate in trust, so as to allow the same to accumulate for certain specific purposes. PASSED April 21, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows: may be ac $1. The income arising from any real or personal property Income granted or conveyed, devised or bequeathed in trust to any cumulated. incorporated college or other incorporated literary institution, for any of the purposes specified in the "Act authorizing certain trusts," passed May 14th, 1840, or for the purpose of providing for the support of any teacher in a grammar school or institute, may be permitted to accumulate till the same shall amount to a sum sufficient, in the opinion of the regents of the university, to carry into effect either of the purposes aforesaid, designated in said trust. CHAP. 432. AN ACT in relation to the accumulation of the income of certain trust funds. PASSED April 13, 1855; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: of income, S1. If any of the principal of any trust fund actually re- Dimension ceived by any incorporated college, or other incorporated how sup literary institution, or by the corporation of any city or vil- plied. lage, or by the commissioners of common schools of any town, or by the trustees of any school district, under any grant, conveyance, devise or bequest, for any of the purposes for which trusts are authorized under the "Act authorizing certain trusts," passed May fourteenth, one thousand eight hundred and forty, and the act in addition to the act authorizing certain trusts, passed May twenty-sixth, eighteen hundred and forty-one, shall subsequently become diminished from any cause; such diminution may be made up by the accumulation of the interest or income of the principal of such trust fund, in accordance with the directions (if any) contained in the grant, conveyance, devise or bequest of such trust fund; and if no directions for that purpose are contained in such grant, conveyance, devise or bequest, then such diminution may be made up in whole or in part by such accumulation, PART II. Former acts restricted. in the discretion of the trustees of such trust fund; but in no case shall such accumulation be allowed to increase the trust fund, beyond the true amount or value thereof, actually received by the trustees, to be estimated after the deduction of all liens and incumbrances on such trust fund, and of all expenses incurred or paid by the trustees in the collection or obtaining the possession of the same. CHAP. 396. AN ACT to repeal chapter ninety-eight of the Laws of The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Chapter ninety-eight of the Laws of eighteen hundred and five, passed April ninth, eighteen hundred and five, entitled "An act to amend an act entitled 'An act to enable grantees of reversions to take advantage of the conditions to be performed by lessees,"" and section three of chapter thirtyone of the Revised Laws, passed March nineteenth, eighteen hundred and thirteen, being a re-enactment of said chapter ninety-eight of the Laws of eighteen hundred and five, and section twenty-five of chapter one, title four, part two, of the Revised Statutes, being a further re-enactment of the same, shall not apply to deeds of conveyance in fee made before the ninth day of April, eighteen hundred and five, nor to such deeds hereafter to be made. 32 B., 453, 463, 473. Abolished. Repeal of Re-entry, when and how to be made. CHAP. 274. AN ACT to abolish distress for rent, and for other purposes. PASSED May 13, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Distress for rent is hereby abolished. 14 N. Y., 28. $2. The twelfth, thirteenth, fourteenth, fifteenth, sixteenth and seventeenth sections of the fourth title of the first chapter of the second part of the Revised Statutes are hereby repealed. S3. Whenever the right of re-entry is reserved and given to a grantor or lessor in any grant or lease in default of a sufficiency of goods and chattels whereon to distrain for the satisfaction of any rent due, such re-entry may be made at 13 N. Y., 303; 2 N. Y., 183; 32 B., 451; 27 B., 110; 21 B., 648; 18 B., CHAP. II. CHAP. 345. AN ACT in relation to the rights and liabilities of owners and lessors, and of lessees and occupants of buildings. PASSED April 13, 1860. The People of the State of New York, represented in Senate and Assembly, do enact as follows: pay rent in cases. S1. The lessees or occupants of any building which shall, Tenants without any fault or neglect on their part, be destroyed, or need not be so injured by the elements, or any other cause, as to be certain untenantable and unfit for occupancy, shall not be liable or bound to pay rent to the lessors or owners thereof, after such destruction or injury, unless otherwise expressly provided by written agreement or covenant, and the lessees or occupants may thereupon quit and surrender possession of the leasehold premises, and of the land so leased or occupied. CHAPTER II. Descent. CHAP. 547. AN ACT allowing illegitimate children to inherit real and personal property in certain cases. PASSED April 18, 1855. The People of the State of New York, represented in Senate and Assembly, do enact as follows: mates may from their S1. Illegitimate children in default of lawful issue, may megiti inherit real and personal property from their mothers as if inherit legitimate, but nothing in this act shall affect any right or mother. title in or to any real or personal property already vested in the lawful heirs of any person heretofore deceased. 3 Brad., 249. PART II. Acknowledgments before mayors, consuls and judges of foreign places. Powers of justices' courts. CHAPTER III. Proof and Recording of Deeds, &c. CHAP. 222. AN ACT concerning the Proof and Acknowledgment of PASSED April 23, 1829. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Every acknowledgment or proof of a deed or mortgage made or taken before the mayor of either of the cities of Philadelphia or Baltimore, or before any consul of the United States resident in any foreign port or country, or before a judge of the highest court in Upper Canada or Lower Canada, and certified by them respectively, shall be as valid and effectual as if taken before one of the justices of the supreme court of this state. CHAP. 287. AN ACT providing for acknowledging Powers of Attorney, to be used in Justices' Courts. PASSED April 26, 1831. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. Any written authority to appear by attorney in a attorney in justices' court may be acknowledged before any judge of the county courts, justice of the peace or commissioner of deeds; and such authority, purporting to have been so acknowledged, shall be received as prima facie evidence of such authority in any justices' court in this state. Fees therefor. $2. The fee for such acknowledgment shall be twenty-five cents, and the officer shall not take the same unless he shall know the person making it; and the certificate of such acknowledgment shall state that the officer knows such person. |