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out the name of any deceased stockholder or the name of any person wrongfully inserted, and by inserting the proper name of the party intended or the name or names of the proper heir, executor, administrator, or personal representatives of any deceased party, and such amendment may be allowed by the court at any time without costs and without prejudice to the previous proceedings had in any such action. $ 3. This act shall take effect immediately.

CHAP. 167.

AN ACT to encourage the organization of town agricultural societies.

PASSED April 14, 1869.

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

neys to be

town socie

SECTION 1. In any county where they have no county State moagricultural society, or shall not be in active operation as paid to such, it shall be lawful to appropriate and pay the money ties in certhat such county society would be entitled to receive, did tain cases. such county agricultural society exist and were in active operation, to the several town agricultural societies in said county, according to the amount of premiums paid, provided such town societies shall sustain a public fair with premium lists, which premium lists and reports of such town fairs shall be forwarded and made to the secretary of the state agricultural society.

S2. This act shall take effect immediately.

CHAP. 176.

AN ACT to amend an act entitled "An act to enable lodges and chapters of Free and Accepted Masons to take, hold and convey real and personal estate," passed April second, one thousand eight hundred and sixty-six. PASSED April 14, 1869.

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

extended to

templars

SECTION 1. The act passed April second, eighteen hundred Act of 1866 and sixty-six, entitled "An act to enable lodges and chapters knights of free and accepted masons to take, hold and convey real and other and personal estate," is hereby extended so as to enable any bodies. Commandery of knights templars, duly chartered by and instituted according to, the general rules and regulations of

masonic

the Grand Commandery of the State of New York, any consistory, chapter, council or lodge, duly chartered by and instituted according to the general rules and regulations of the supreme council of the ancient and accepted Scottish rite for the northern jurisdiction of the United States, to be and become entitled to all the benefits, rights and privileges granted by said act, and the trustees elected under the same charged with all the duties specified therein. All the provisions of said act are hereby declared applicable to the several bodies named in this act, with the same effect as if said several bodies were named in the title of said act, and said bodies, and the grand bodies aforesaid by which they were severally duly chartered, and to which they are subordinate, were also specifically named in the several sections of said act.

§ 2. This act shall take effect immediately. Ante, vol. 6, p. 717.

CHAP. 196.

AN ACT to define more particularly the powers of the Commissioners of the Land Office.

PASSED April 15, 1869, by a two-third vote.

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

SECTION 1. Whenever the commissioners of the land office by any existing statute have power to make a grant of any lands or interest therein to any party, they shall have power summarily to inquire into the rights of such party thereto, upon such proof as by regulation they shall prescribe; but this act shall not apply to grants of land under water. $ 2. This act shall take effect immediately.

CHAP. 210.

AN ACT to repeal the act passed April seventeenth, eighteen hundred and sixty-two, providing for taking agricultural statistics in the several counties of this State.

PASSED April 16, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The act entitled "An act to provide for the collection of agricultural statistics in the several counties of

this State," passed April seventeenth, eighteen hundred and sixty-two, is hereby repealed.

Ante, vol. 3, p. 772.

S2. This act shall take effect immediately.

CHAP. 213.

AN ACT to regulate and restrict the organization of savings banks and institutions for savings.

PASSED April 16, 1869.

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

of corpo

SECTION 1. Any number of persons, not less than nine nor Number more than twenty-one, desiring to associate themselves rators. together for the purpose of organizing a savings bank or institution for savings, may do so only in the manner following, to wit:

S2. Such persons, under their hands and seals, shall exe- Certificate cute a certificate in which shall be set forth :

of association, what

1. The name assumed to distinguish such association and to contain. to be used in its dealings, which shall be in no material respect similar to the name of any other savings bank or Corporate institution for savings organized and doing business in the same or an adjoining county.

name.

location.

2. The place where the business of the institution is to be Business transacted, designating the particular city, village or town, and if in any city, the ward in such city.

idence and

3. The name, residence (if any city, the street and number), Name, resoccupation and post-office address of each member of such occupation association.

of members.

tion.

4. A declaration that each member of such association Declarawill accept the responsibilities and faithfully discharge the duties of a trustee in such institution incorporated by the legislature.

how

$ 3. Such certificate shall be duly acknowledged before an Certificate, officer of this state authorized to take the acknowledgment acknowlof conveyances of real estate, and shall, together with a edged. copy of the charter under which the association proposes to Charter organize, be filed with the superintendent of the banking cate, when department at least sixty days before the annual session of with bank the next succeeding legislature.

and certifi

to be filled

superin

tendent.

intention to

how pub

S4. A notice of intention to organize such savings bank Notice of or institution for savings shall be published at least once a organize, week for six weeks, subsequent to the filing of such certifi-lished. cate and charter, and previous to the meeting of the next legislature, in at least one newspaper published in the city, village or town where such savings bank or institution for

Notice,

what to contain.

Superin

tendent of

banking depart

ment to examine certificates

and charters.

thereon to

legislature.

savings is proposed to be located; or if there be no newspaper published in such village or town, then in some newspaper published in such county; and in all cases in such newspaper as the superintennent of the banking department shall designate; which notice shall specify the names of the proposed corporators, the names of the proposed savings bank or institution for savings, and the location of the same as set forth in the certificate of association, and shall be in such form as the superintendent of the banking department shall direct.

S 5. It shall be the duty of the superintendent of the banking department, concerning all certificates of association, and the proposed charters accompanying the same, notice of which shall have been published as required by the last preceding section of this act, evidence concerning which shall be furnished satisfactory to the superintendent for and To report against such applications, and if found satisfactory to make a report therein to the next legislature thereafter convening, concerning the propriety, expediency or necessity for the incorporation of the proposed savings bank or institutions for savings, or any of them, and concerning the provisions. in their proposed charters respectively, and may propose such amendments thereto as he may deem proper, and generally make such suggestions in relation to the certificates and charters, and the subject-matter thereof, as he may deem proper for the information of the legislature; and such report, together with the charters to which they relate, shall be transmitted to the legislature within fifteen days after the organization thereof.

Report, when to be made.

Report and charters, how referred.

on banks to

versely up

$6. Such report shall be printed immediately, and the charters or bills for the incorporation of savings banks or institutions for savings accompanying the said report shall be referred to the committee on banks.

Committee $ 7. Any bill for the incorporation of any savings bank or report ad institution for savings, introduced in any other manner than on applica- as in this act provided, shall be appropriately referred, and it shall be the duty of the committee to whom any such bill compliance shall be referred, to report against the passage of the same, for the reason that the provisions of this act in relation to its introduction have not been complied with.

tions not made in

herewith.

S8. This act shall take effect immediately.

CHAP. 234.

4

AN ACT in relation to plank roads and turnpike roads.
PASSED April 17, 1869.
The People of the State of New York, represented in Senate.
and Assembly, do enact as follows:

ings upon

of certain

declared

SECTION 1. No plank road or turnpike road company, cor- Proceedporation or association heretofore formed or organized under formation the act entitled "An act for the incorporation of companies companies to construct plank roads and companies to construct turn- valid. pike roads," passed May the seventh, eighteen hundred and forty-seven, and the several acts amending the same, shall be deemed invalid or to have forfeited any of its powers, rights or franchises by reason of any failure on the part of such company, or the persons organizing the same, to have complied with the requirements of such acts, in the formation ⚫ or organization of such company, as to the number of stockholders or persons who signed the articles of association of such company or association; or, in the publication of notices in the organization thereof; or by reason of any informality or defect in the signing such articles of association, or in the publication of the notices aforesaid. And the stockholders, officers and creditors of every such company are hereby declared to have the same rights, and the stockholders to be subject to the same obligations and liabilities, as if such company had strictly complied with all the requirements of the law aforesaid, to create and perfect a complete body corporate; provided that this act shall only apply to such com- To what panies as shall have attempted an organization, and shall this act have actually constructed a road wholly or in part, according to their articles of association.

Ante, vol. 3, p. 549. 565 vol. 6 p. 594.

companies

shall apply.

$ 2. Nothing in this act contained shall affect any suit or Proviso. proceedings now pending in any court of this state.

CHAP. 237.

AN ACT to amend an act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty.

PASSED April 17, 1869.

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

SECTION 1. Section twenty-one of the act entitled "An act to authorize the formation of railroad corporations, and to

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