churches corporated ral act. 1. It shall be lawful for any Roman Catholic church or con- Catholic gregation now or hereafter existing in this state, to be incor. may be inporated according to the provisions of this act; the Roman under geneCatholic archbishop or bishop of the diocese in which such church may be erected or intended so to be, the vicar-general of such diocese, and the pastor of such church for the time being, respectively, or a majority of them, may select and appoint two laymen, members of said church, and may, together with such laymen, sign a certificate in duplicate, showing the name or title by which they and their successors shall be known and distinguished as a body corporate by virtue of this act, which certificates shall be duly acknowledged or proved, in the same manner as conveyances of real estate; and one of such certificates shall be filed in the office of the secretary of state, and the other in the office of the clerk of the county in which such church may be erected or intended so to be; and thereupon such church or congregation shall be a body corporate, by the name or title expressed in such certificate, and the said persons so signing the same shall be the trustees thereof. The successor of any such archbishop, bishop, vicar-general, or pastor respectively, for the time being, shall by virtue of his office, be the trustee of such church, in place of his predecessor; and such laymen shall hold their office respectively for one year, and whenever the office of any such layman shall become vacant by death, removal, resignation or otherwise, his successor shall be appointed in the same manner as herein provided for his original selection. 2. The trustees of every such church or congregation, and Powers of their successors, shall have all the powers and authority granted to the trustees of any church, congregation or society, by the fourth section of the act entitled "An act to provide for the incorporation of religious societies," passed April fifth, eighteen hundred and thirteen, and shall also have power to fix or ascertain the salary to be paid to any pastor or assistant pastor of any such church, but the whole real and personal estate of any such church, exclusive of the church edifice, parsonage and school-houses, together with the land on which the same may be erected, and burying-places, shall not exceed the annual value or income of three thousand dollars; but nothing herein contained shall be held or taken to repeal, alter or impair the effect of chapter three hundred and sixty of the Laws of eighteen hundred and sixty. trustees. 2. The trustees of any church incorporated under this act are Duty of required to exhibit, upon oath, to the supreme court in the judicial district in which the church is situated, once in three years, an inventory of all the estate, real and personal, belonging to such church, and of the annual income thereof, which inventory shall be filed in the office of the clerk of the county in which such building is situated. May be re-incorporated in case of non lect 4. Whenever any church incorporated under this act shall be dissolved, by means of any non-user or neglect to exercise user or neg- any of the powers necessary for its preservation, or otherwise, the same may be reincorporated in the mode prescribed in this act, within six years from the date of such dissolution, and thereupon all the property, real and personal, belonging to such dissolved corporation at the time of its dissolution, shall vest in such new corporation. Act extend 5. All conveyances to any church incorporated under this act, of any real estate heretofore appropriated to the use of such church or the congregation thereof, or intended so to be, are hereby confirmed and declared valid and effectual. S2. The legislature may at any time modify, alter or repeal this act. $ 3. This act shall take effect immediately. Ante, vol. 3, p. 687. CHAP. 46. AN ACT to amend an act entitled "An act to authorize the levying of a tax upon the taxable property of the different counties and towns in this state, to repay moneys borrowed for or expended in the payment of bounties to volunteers, or for the expenses of their enlistment, or for aid to their families, or to pay any liability incurred therefor," passed February twenty-first, eighteen hundred and sixty-three. PASSED March 25, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. The sixteenth section of the act entitled "An act to authorize the levying of a tax upon the taxable property of the different counties and towns in this state, to repay moneys borrowed for or expended in the payment of bounties to volunteers, or for the expenses of their enlistment, or for aid to their families, or to pay any liability incurred therefor," passed February twenty-first, eighteen hundred and sixty-three, is hereby amended so as to read as follows: "The provisions of ed to cities. this act shall apply to the cities of this state the same as to the towns thereof, and the common councils of said cities respectively shall have the powers and duties hereby conferred upon the town auditors; the bonds to be issued under this act by any city shall be in the same manner and form as other bonds of said city heretofore issued, and in case none have been heretofore issued by any city, then, in such manner and form as provided by its act of incorporation, or as the common council thereof shall by resolution prescribe." $ 2. This act shall take effect immediately. Ante, p. 48. CHAP. 48. AN ACT appropriating a portion of the revenues of the literature fund for the benefit of academies. PASSED March 25, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The additional sum of three thousand dollars is hereby appropriated out of the surplus revenues of the literature fund now in the treasury, for the benefit of the academies of this state subject to the visitation of the regents of the university, for the purchase of text-books, maps, globes, philosophical and chemical apparatus, and objects and models in natural history, to be assigned by the regents to the said academies, pursuant to the second section of the act chapter one hundred and forty of the Laws of eighteen hundred and thirty-four. 52. This act shall take effect immediately. Ante, vol. 3, p. 423. CHAP. 51. AN ACT to amend the Revised Statutes in relation to mis demeanors. PASSED March 25, 1863; taree-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 51. Sections thirty-five and thirty-six of chapter one, title six, part fourth of the Revised Statutes, are hereby amended so as to read as follows: offices a meanor. $35. Every person holding or exercising any office under Selling the laws or constitution of this state, who shall for any reward, misde consideration or gratuity paid, agreed to be paid or reserved to be paid directly or indirectly, grant to another the right, privilege or authority to discharge any of the duties of such office, either by permitting another to make appointments or to perform or discharge in any manner directly or indirectly the prerogatives or duties of such office, shall upon conviction be deemed guilty of a misdemeanor, and, in addition to other punishments herein prescribed, shall forfeit his office and be forever disabled from holding such office, and every person who shall give or make any agreement to give any gratuity or reward in consideration of any such grant or deputation. shall upon conviction be deemed guilty of a misdemeanor. Procuring appointments for reward, a misdemeanor. Extended to mineral water. S 36. Every person who shall, directly or indirectly, accept or receive, or agree to accept or receive, any reward or gratuity, paid, agreed to be paid, or reserved to be paid, for the purpose of procuring for another the appointment to any office created by the constitution or under the laws of this state, or any clerkship or subordinate position in any such office, shall, upon conviction, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than six months nor over two years, and by fine not less than two hundred nor over one thousand dollars. S2. This act shall take effect immediately. Ante, vol. 2, p. 718; 4 N. Y., 455; 1 H., P. R. 22; 9 W., 177. CHAP. 63. AN ACT to extend the operation and effect of the act passed February seventeen, eighteen hundred and fortyeight, entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes." PASSED March 31, 1863. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. Any three or more persons may organize themselves into a corporation, in the manner specified and required in and by the act entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes," passed February seventeenth, eighteen hundred and forty-eight, for the purpose of bottling and selling mineral water drawn from any natural mineral spring. $ 2. Every corporation so formed shall be subject to all the provisions, duties and obligations contained in the above mentioned act, and shall be entitled to all the benefits and privileges thereby conferred. Ante, vol. 3, p. 733. CHAP. 72. AN ACT to provide for the clearing out and completion of the Nine Mile creek feeder. PASSED April 7, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. The canal commissioner of the middle division of the canals of this state is hereby required before the opening of canal navigation in the spring of eighteen hundred and sixtythree, to cause that portion of the Nine Mile creek feeder extend ing from the Erie canal to the mill-race of the flouring-mills in CHAP. 73. AN ACT to amend an act entitled "An act authorizing a loan of certain moneys belonging to the United States, deposited with the State of New York for safe keeping," passed April fourth, eighteen hundred and thirty-seven, and to amend certain sections of the acts amendatory thereof. PASSED April 7, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 51. Section thirty-first of chapter one hundred and fifty of the Laws of this state. passed in the year eighteen hundred and thirty-seven, is hereby amended by adding thereto the following: foreclosure. They shall also serve such advertisement at least fourteen service of days prior to the time therein specified for the sale, upon the notice mortgagor, or his personal representatives, or upon his executors or administrators, if any shall have been, at the day of the date of such advertisement, duly appointed by the proceedings of any court, and upon such persons as shall by the records of the office of the county clerk of the county in which said premises or any part thereof are situated, appear to be grantees, lessees or mortgagees of the said premises or of any part thereof, and whose conveyance, mortgage or other evidence of right or title shall be upon said records at the date of the first publication of the said advertisement, and upon all persons having a lien or incumbrance upon the said premises or upon any part thereof, by judgment or otherwise, subsequent to such mortgage, and which lien or incumbrance shall, on the day of the date of said advertisement, appear upon the records of the office of the county clerk of the county in which said premises or any part thereof are situated. Such service shall be made by delivering a copy of such advertisement personally to the person to be served or by leaving a copy of said advertisement at the dwelling-house of the person to be served, in charge of some person residing therein, |