Notice.

Lamp

posts, erection of.

of notice.

Number

increase

of.

moneys

raised.

lamp district, they shall cause notice to be published in one or more of the village newspapers, that such application has been made, and of the time and place when they will proceed to take action on such petition, which shall not be less than two weeks from the first publication of said notice, and if they shall deem the application proper they may, on the day specified in said notice or as soon thereafter as may be, by resolution or ordinance, create and establish such lamp district, and thereupon cause lamp-posts and lamps to be erected and lighted in said district. In giving notice as herein before provided a description of such district, together with a number of lamps which the trustees propose to erect in Contents such district, their proposed distance apart, and the probable cost of erecting, maintaining, and lighting the same,,shall be inserted in said notice. And the said trustees shall not increase the number of lamps of lamps, in any such lamp district, except upon petition of a majority of owners of property residing in such district liable to be taxed for the same, except as hereinafter provided for the enlargement of such district by the annexation of contiguous territory. In case Expenses, lamp districts are established as provided for by this act, the moneys for, how required for the erection, support and maintenance of lamps, within such district, and all expenses incurred therefor, shall be raised. annually by an assessment levied by the board of trustees, on the lots, pieces and parcels of land within said district, in proportion to the frontage of said lots, pieces and parcels of land on the streets or avenues in said district, and after such assessment shall be made it shall How col. become a lien on the real estate, and be collected in the same manner as other assessments are now, by title nine of the village charter prescribed for levying and collecting of assessments within the village limits. Enlarge. Such lamp districts may be enlarged by annexation of contiguous terriment of tory, on petition of a majority of the persons residing and owning real estate situated within the territory proposed by such petition to be added thereto, in the same manner as heretofore provided for the first Expense establishment of said district, and the expense of erecting lamps in such additional territory shall be assessed by the board of trustees on the lots, pieces and parcels of land, within such additional territory, in the same manner as herein before provided for the expense of erecting lamps in the first established district, and the expense of the maintaining and lighting such lamp district shall be defrayed by an assessment upon the whole of said district as enlarged. The trustees shall have power, whenever they shall deem it proper to do so, to consolidate two or more of districts. the separate lamp districts, so as to make all or any number of such districts only one district, the expense of which shall be defrayed by assessment on the whole consolidated district.

lected.

lamp districts.

of erect

ing lamps in addi tional territory.

Consoli

dation of

separate

Repeal.

§ 2. All acts and parts of acts inconsistent with this act are hereby

repealed.

:

Chap. 341.

AN ACT to amend chapter three hundred and ninetyfive of the laws of eighteen hundred and seventy-three, entitled "An act to alter the system of repairing the highways."

Passed May 15, 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 two of chapter three hundred and ninety-five of the laws of eighteen hundred and seventy-three, entitled "An act to alter the system of repairing the highways," is hereby amended so as to read as follows:

ing high

change of,

mitted to

§2. Upon the written request of twenty-five tax payers of any town, Manner it shall be the duty of any justices of the peace, or other officers who of workpreside at the town election of any such town, to submit to the electors ways, at each annual town election, and the electors of any town may vote at question the next regular annual town meeting, upon the question of changing to be subthe manner of working the highways. Such vote shall be by ballots, electors. upon which shall be written or printed, respectively, " for changing the Ballots, mode of working the highways," and "against changing the mode of working the highways." The ballots shall be deposited in a separate separate box by themselves, be counted by the inspectors of election or other box. officers presiding at such town election, and if a majority of the electors shall vote in favor of the proposed change, the town voting there

form of.

for may avail itself of the privileges of this act, upon causing a minute Minnte to of its action to be entered by the town clerk in the town records. § 2. This act shall take effect immediately.

Chap. 342.

AN ACT to amend an act entitled "An act to amend the 'Act to combine into one act the several acts relating to the city of Albany,' passed April twelfth, eighteen hundred and forty-two, and the several acts amendatory thereof; and also to repeal the 'Act to establish a capital police district, and to provide for the government thereof,' passed April twenty-second, eighteen hundred and sixty-five, and the several acts amendatory thereof, in so far as they relate to the city of Albany."

Passed May 15, 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 five of title eleven of chapter seventy-seven of the laws of eighteen hundred and seventy, entitled "An act to amend the 'Act to combine into one act the several acts relating to the city of Albany,' passed April twelfth, eighteen hundred and forty-two, and the

be entered by town clerk.

Moneys

by tax, ap

of.

several acts amendatory thereof; and also to repeal the Act to establish a capital police district, and to provide for the government thereof,' passed April twenty-second, eighteen hundred and sixty-five, and the several acts amendatory thereof, in so far as they relate to the city of Albany," is hereby amended so as to read as follows:

§ 5. The moneys collected by tax or otherwise, for the expenses of collected the city government, or for any specific purpose or object whatever, plication shall be applied by the chamberlain to the payment of such expenses and for such purpose or object, and to no other. And it shall not be lawful for the chamberlain to apply any money collected or appropriated for one purpose to any other purpose; nor shall it be lawful for the common council to direct or order him to do so. In case any moneys which have been or may hereafter be raised by tax or otherwise by the corporate authority of the city for any specific purpose or object, and that purpose or object shall have been fully completed and accomplished, and there shall remain in the custody of the chamberlain of the city any unexpended balances of the moneys raised as aforesaid, it shall be the duty of the chamberlain, and he is hereby required, to pay over any such balance or balances at the close of each fiscal year to the trustees of the general debt sinking fund of said city, and the same shall be by them applied and used in the same manner as other moneys received by them are used and applied in the payment of the bonded debt of the city.

Unexpended balances, disposi

tion of.

Corpora

formed.

Certifi

§ 2. This act shall take effect immediately.

Chap. 343.

AN ACT for the incorporation of library societies.

Passed May 15, 1875.

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

SECTION 1. Any number of persons not less than five, citizens of the tion, how United States, a majority of whom shall also be citizens of this State, who shall desire to associate themselves together for the purpose of founding, continuing and perpetuating a library, may make, sign and acknowledge before any officer authorized to take acknowledgment of deeds in this State, and file in the office of the Secretary of State, and also in the office of the clerk of the county in which the office of such society shall be situated, a certificate in writing, in which shall be stated cate, con- the name or title by which such society shall be known in law, the business and object of such society, the number of trustees, directors or managers to manage the same, and the names of the trustees, directors or managers for the first year of its existence, and the city or town of the county in which such library shall be located; but such certificate Approval shall not be filed unless by the written consent and approbation of one of justice of the Justices of the Supreme Court of the district in which said library shall be located, to be indorsed on such certificate.

tents of.

of sn

preme court. Corpora

§ 2. Upon filing a certificate as aforesaid, the persons who shall have tion when signed and acknowledged such certificate, and their associates and sucperfected. cessors, shall thereupon, by virtue of this act, be a body politic and corporate, by the name stated in such certificate, and by that name they and their successors shall and may have succession, and shall be persons in law capable of suing and being sued; and they and their suc

Corporate powers.

cessors, by their corporate name, shall, in law, be capable of taking, receiving, purchasing and holding real estate by gift, grant or otherwise, for the purposes of their incorporation, and for no other purpose, to an amount not exceeding the sum of fifty thousand dollars in value, and personal estate for like purposes to an amount not exceeding the sum of seventy-five thousand dollars in value; but the clear annual Annual income of such real and personal estate shall not exceed the sum of ten limited. thousand dollars; to make by-laws for the management of its affairs not inconsistent with the Constitution and laws of this State or of the United States; to elect and appoint the officers and agents of such society for the management of its business, and to allow them a suitable compensation.

income

§3. The society so incorporated may prescribe by its by-laws what Trustees. persons may thereafter become its members and have the right to vote at its meetings, and may annually elect from its members, its trustees, directors, managers at such time and place, and in such manner as may be specified by it in its by-laws, who 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 Vacancy, shall happen among such trustees, directors or managers, by death, how filled. resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society.

rated not

Devise or

§ 4. The provisions of this act shall not extend or apply to any asso- Name of ciation or individuals who shall in the certificates filed with the Secre- society previously tary of State, or with the county clerk, use or specify a name or style incorpothe same as that of any previously incorporated society in this State. to be $5. Any corporation formed under this act, shall be capable of taking, adopted. holding or receiving any property, real or personal, by virtue of any bequest," devise or bequest contained in any last will or testament of any person capacity to take by. whatsoever, the clear annual income of which devise or bequest shall not exceed the sum of ten thousand dollars; provided, no person leaving a wife, or child, or parent shall devise or bequeath to such institution or corporation more than one-fourth of his or her estate after payment of his or her debts, and such devise or bequest shall be valid to the extent of such one-fourth, and no such devise or bequest shall be valid in any will which shall have not been made and executed at least two months before the death of the testator.

debts of

§ 6. The trustees of any company or corporation organized under the Trustees, provisions of this act, shall be jointly and severally liable for all debts a liability due from said company or corporation contracted while they are trus- of, for tees, provided said debts are payable within one year from the time they corpora shall have been contracted, and provided a suit for the collection of the tion. same shall be brought within one year after the debt shall become due and payable.

spection.

§ 7. All institutions formed under this act, together with their books Visitation and vouchers, shall be subject to the visitation and inspection of the and inJustices of the Supreme Court, or by any person or persons who shall be appointed by the Supreme Court for that purpose.

and re

§ 8. Each corporation formed under this act shall possess the general General powers conferred by, and be subject to the provisions and restrictions powers of the third title of the eighteenth chapter of the first part of the Re- strictions. vised Statutes.

§ 9. The Legislature may at any time amend, annul or repeal any Right of incorporation formed or created under this act.

§ 10. This act shall take effect immediately.

repeal.

Fishing with gill nets for suckers permitted.

Chap. 344.

AN ACT permitting fishing with gill nets for suckers, in
Schuyler's lake.

Passed May 15, 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 lawful for any person or persons who shall file a bond as hereinafter provided, to fish in the waters of Schuyler's lake, in the county of Otsego, with gill nets, with meshes of not less than two inches in size, from the first day of March to the last day of May, for suckers only, and any person or persons who shall, while so Other fish fishing, take any other kind of fish with said gill nets, shall immediately thereafter replace them in the waters of said lake.

to be returned. Bond.

Setting

violation

of this act, penalty for.

§ 2. Any person or persons who shall set any gill net for the purpose of fishing, as provided in the next preceding section, shall, in each year before setting such gill net or nets, file with the clerk of Otsego county, a bond executed and duly acknowledged by such person or persons, and one or more sufficient sureties to be approved by the said clerk, in the penal sum of at least five hundred dollars, conditioned that they will pay any penalty or penalties imposed by this act, with costs of suit.

$ 3. Any person or persons who shall set any gill net in violation of gill net in this act, or who shall neglect to file a bond as provided in the next preceding section, shall be liable to a penalty of fifty dollars for each offense; and any person or persons who shall, while fishing with any gill net under the provisions of this act, neglect to replace in the waters of said lake any fish taken therefrom with such gill net or nets, except suckers, as provided in the first section of this act, shall be liable to a penalty of ten dollars for each fish so taken and not replaced.

Penalties, how recovered.

§ 4. All penalties imposed under the provisions of this act, may be recovered with costs of suit, by any person or persons in his or their own names, before any justice of the peace in any town in which the said Schuyler's lake is in part situate. Any penalty or penalties, when Disposi collected, shall be paid by the justice before which the same is collected, one-half to the overseers of the poor for the use of the poor of the town in which said justice resides, and the remainder to the prosecutor. § 5. This act shall take effect immediately.

tion of.

Chap. 345.

AN ACT to amend an act entitled "An act to create a board of public instruction in the city of Albany, to establish free schools therein, and amendatory of the several acts relating to the district schools in said city," passed April seven, eighteen hundred and sixty-six.

Passed May 15, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, ao enact as follows:

SECTION 1. Section thirteen of chapter four hundred and forty-four of the laws of eighteen hundred and sixty-six is hereby amended so as to read as follows: