fixed in discharge of all claims against their respective estates, for the care, support and education of said minors. appointed ment, contain. § 4. The Supreme Court is hereby authorized to appoint the father Father of said minors, the guardian of their estates, so far as the income of the may be same is concerned, arising from said estates after such appointment, guardian with all the powers and subject to all the duties of a general guardian of estates. appointed under the provisions of title third of chapter eight, of part second of the Revised Statutes, and of the various acts amending the same excepting as is hereinafter provided, upon the execution by said guardian of a bond with sufficient surety to be approved by a justice of Bond. the said court in the usual form of a guardian's bond, in a penal sum of not less than double the amount of the annual income of the estates of said minors at the time of the execution of the same. Said order of Order of appointment shall provide that the said guardian shall render an annual appointaccount to the surrogate of Erie county of all moneys that shall have what to come to his hands, and that he shall invest such portion thereof, as is not used for the maintenance and education of said minors, in such securities as executors and administrators are authorized by law to invest in, and on each accounting by said guardian, the security given by Renewal him shall be renewed or continued so as always to be in a sum double of secu rity. the amount of the annual income of said infants and in double the amount of all moneys that have been invested by him, and of all moneys remaining in his hands uninvested, at the time of rendering said account, and it is hereby further provided that so long as such guardianship shall continue, the income of the estate of said minors shall be Income of paid to the said guardian by the said executrix and executors instead of estate to being paid in the manner provided by the third section of this act; guardian. provided that said executrix and executors shall not pay over to such guardian any moneys under the provision of this act until said surrogate shall certify to them that such accounting has been had, and such bond, in compliance with the provisions herein, has been executed and approved as aforesaid, and filed with said surrogate. 5. This act shall take effect immediately. Chap. 165. AN ACT to amend an act entitled "An act to incorporate the village of New Berlin, in Chenango county," passed April twenty-eighth, eighteen hundred and seventy. Passed April 24, 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 seventeen of title two of an act entitled "An act to incorporate the village of New Berlin, Chenango county," passed April twenty-eighth, eighteen hundred and seventy, is hereby amended so as to read as follows: be paid to how filled. § 17. Vacancies in the offices of president and trustees, occurring in Vacancies any manner before the expiration of the term for which they shall be in office, elected, may be filled by appointment of the board of trustees; and any person so appointed shall hold such office until the next annual election, Appointand until his successor has been duly elected and qualified. All appoint- ments to ments by the board of trustees, under this act, shall be in writing, and writing. be in Special election, when to be ap pointed. attested by the corporate seal, duly signed by the president or presiding officer of the board of trustees, and the clerk. In case of a failure to elect trustees at an annual election, or if from any cause there shall be no trustees, the clerk shall appoint the time and place for holding a special meeting for an election, and give notice thereof in the usual manner, and appoint the inspectors of election; and in case there shall be no president, trustee or clerk, any six inhabitants qualified to vote under this act, shall appoint an election and inspectors thereof in the Vacancy usual manner. The board of trustees may fill vacancies in any elective in elective office in said village, and any person so appointed shall hold such office until the next annual election, and until his successor shall have been duly elected and qualified. office, trustees may till. Removal of snow from sidewalks. Vacancy justice of appointee. §2. Subdivision twenty-three of section one of title three of said act is hereby amended so as to read as follows: 23. To set aside from the moneys authorized to be raised for making and keeping the streets, cross-walks, sewers, ditches and sluices in repair, as provided by this act, such sum as may be neccessary for scraping the snow from the side and cross-walks of said village during the winter, employ a person or persons to run a scraper or scrapers for that purpose, and pay them from the funds thus set aside. § 3. This act shall take effect immediately. Chap. 166. AN ACT to amend chapter four hundred and seventy-six of the laws of eighteen hundred and fifty-nine, entitled "An act to supply vacancies in the office of justices of :the peace of the several towns of this State." Passed April 24, 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 four hundred and seventy-six of the laws of eighteen hundred and fifty-nine, entitled "An act to supply vacancies in the office of justices of the peace of the several towns of this State, is hereby amended so as to read as follows: § 1. Whenever a vacancy shall occur in the office of justice of the in office of peace of any town in this State the supervisor, town clerk, and remainthe peace, ing justices of the peace, or a majority of such officers, are hereby how filled. authorized by warrant under their hands and seals to appoint a suitable Term of person to fill said vacancy, and the person so appointed shall hold said office until the next regular annual town meeting in said town, unless the said appointment shall have been made to fill the vacancy of an officer whose term of office would have expired on the thirty-first day of December next, succeeding such appointment; in which case the term of office of the person so appointed shall expire on the thirty-first day of December next succeeding such appointment. And any person so point appointed may at once qualify and enter upon the discharge of the When ap may qual ify. duties of his office. § 2. This act shall take effect immediately. Chap. 167. AN ACT in relation to the general terms of the Supreme Passed April 24, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: terms, pointment be made. SECTION 1. The general terms of the Supreme Court in the third General judicial department shall hereafter be held at such times and places in t the several judicial districts comprising such department as the justices of. of the Supreme Court assigned to hold the same, or the majority of them, shall from time to time appoint; but at least one general term shall be held in each judicial district in said department annually. § 2. On or before the first day of December, in the year one thousand When to eight hundred and seventy-five, and on or before the first day of December, eighteen hundred and seventy-six, and thereafter every two years, such justices shall make appointments for holding the general terms of the Supreme Court within said department, which appointments shall, on or before the fifteenth of December, in such year, be filed in the office of the Secretary of State, and immediately thereafter be by him When to published in the State paper for one month, provided that said justices, office of or a majority of them, may, at any time, change the appointment of the secretary time and place for holding the general term of said Supreme Court in the sixth judicial district, made by them on the thirteenth day of November, one thousand eight hundred and seventy-four. be filed in of state. § 3. All acts and parts of acts inconsistent with this act are hereby Repeal. repealed. Chap. 168. AN ACT to authorize the religious society in the city of New York, known as the Temple Bethel, to buy and hold land for cemetery purposes. Passed April 24, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The religious society or corporation in the city of New York, known as the Temple Bethel, are hereby authorized to purchase, hold, use and dispose of, for cemetery purposes, land not exceeding fifty acres in extent, adjoining Machphela cemetery, in the county of Queens. § 2. This act shall take effect immediately. Consoli districts. Chap. 169. AN ACT to amend section one, section four, and section twenty-one of chapter thirty-four of the laws of eighteen hundred and fifty-eight, entitled "An act to make school district number nine, in the town of Pomfret, a union free school district." Passed April 24, 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 thirty-four of the laws of eighteen hundred and fifty-eight, entitled "An act to make school district number nine, in the town of Pomfret, a union free school district," is hereby amended so as to read as follows: § 1. All school districts and parts of school districts now or heretodation of fore existing within the limits of the town of Dunkirk, in the county of Chautauqua, which lately formed part of the town of Pomfret, in said county, are hereby consolidated into one entire school district, to be known as the Dunkirk union free school district. The said district, as herein enlarged and consolidated, shall, from and after the passage of this act, be under the direction, control and management of the present board of education of said district number one of said town of Dunkirk. Name. Annual when to § 2. Section four of said act is hereby amended so as to read as follows: § 4. The annual meeting of said district shall be held on the first meeting, Monday of October, in each year, at some place in said district, to be be held. designated by the said board of education, at least two weeks prior to Notice of, the time for the holding of such meeting. The said board of educahowgiven. tion shall give public notice of the time and place and object of such contain. Inspect of educa tion to meeting, by publishing the same in the newspapers printed in said town of Dunkirk for the two successive weeks immediately preceding the week in which such meeting is to be held, and by posting copies of such notice in three public places in said district at least two weeks What no prior to such meeting, which notice shall specify the number of the tice shall members of the board of education to be elected at such election; and, at least two weeks prior to such meeting, said board of education shall ors, board appoint three suitable persons inspectors of such election, whose duties shall be to receive the ballots of the electors of said district and deposit appoint. the same in a suitable box, to be provided for that purpose, and, after the polls are closed, and on the same day, to canvass the votes given at such election; and immediately after canvassing such votes, to make a statement in writing, which shall be signed by them, or a majority of them, thereby certifying the number of votes cast at such election, which certificate shall also show the number of votes cast at such election for each person voted for as trustee at such election. Such certificate shall further show the persons who are, by the highest number of votes, elected to the office of members of said board. Said inspectors shall, immediately thereafter, make two copies of such statement and certificate, signed by them, or a majority of them, and shall forthwith deliver one copy thereof to the town clerk of said town of Dunkirk, and the other copy thereof to the secretary of said board of education. Said inspectors of election shall be entitled to a reasonable compensation for their services in the premises, to be paid by the said board of Certificate. Copies thereof. when to education. The polls of such election shall, in all cases, be opened at Polls, nine o'clock in the forenoon, and continue open until nine o'clock in be opened the evening of the same day, and no longer. The provisions of law and relating to the elections of state and county officers shall apply to the Existing elections under this act, so far as the same are applicable. closed. provisions of law § 3. Section twenty-one of said act is hereby amended so as to read applied. as follows: § 21. All laws and parts of laws inconsistent with this act are hereby Repeal. repealed so far as relates to said Dunkirk union free school. §4. This act shall take effect immediately. Chap. 170. AN ACT to amend section nine of chapter four hundred and sixty-three of the laws of eighteen hundred and fiftythree, entitled "An act to provide for the incorporation of life and health insurance companies, and in relation to agencies of such companies." Passed April 24, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section nine of chapter four hundred and sixty-three of the Session laws of the year eighteen hundred and fifty-three, entitled An act to provide for the incorporation of life and health insurance. companies, and in relation to agencies of such companies," is hereby amended so as to read as follows: § 9. No company organized under this act shall be permitted to pur- Real eschase, hold or convey real estate, except for the purpose and in the tate, for manner herein set forth, to wit: 1. Such as shall be requisite for its accommodation in the transaction of its business; or, 2. Such as shall have been acquired for the accommodation of its business previous to the passage of this act; or, 3. Such as shall have been mortgaged to it in good faith, by way of security for loans previously contracted, or for moneys due; or, 4. Such as shall have been conveyed to it in satisfaction of debts previously contracted in the course of its dealings; or, what purposes com pany may purchase and hold. be pur case. 5. Such as shall have been purchased at sales upon judgments, decrees Real es or mortgages obtained or made for such debts; and it shall not be law- tate not to ful for any company incorporated as aforesaid to purchase, hold or chased in convey real estate in any other case, or for any other purpose; and all any other such real estate as may be acquired as aforesaid, and which shall not be necessary for the accommodation of such company in the convenient transaction of its business, or which shall not have been necessary for such purpose at the time of its acquisition shall be sold and disposed of when to within five years after such company shall have acquired title to the same; and it shall not be lawful for such company to hold such real estate for a longer period than that above mentioned, unless the said company should procure a certificate from the Superintendent of the Insurance Department that the interests of the company will suffer materially by be sold. a forced sale of such real estate, in which event the time for the sale Extension may be extended to such time as the said Superintendent shall direct in of time said certificate. of sale. |