passed June twenty-fourth, eighteen hundred and fifty-three; $ 2. This act shall take effect immediately. Pay of jurors. CHAP. 307. AN ACT to amend "An act entitled an act to amend an act entitled an act in relation to the fees of grand and petit jurors," passed May second, one thousand eight hundred and sixty-four. PASSED March 31, 1866; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. The first section of chapter five hundred and forty-five of the Laws of eighteen hundred and sixty-four, is hereby amended so as to read as follows: 1. The first section of chapter one hundred and seventysix, of the Laws of one thousand eight hundred and fifty-eight, is hereby amended so as to read as follows: 1. The several boards of supervisors in this state may, at their first or any subsequent meeting after the passage of this act, direct a sum not exceeding two dollars a day to be allowed to every grand and petit juror for attending the courts of record held within their several counties, in addition to other fees which such jurors may receive; and they may also direct an allowance to be made to such jurors for traveling, in coming to and returning from such courts, not exceeding five cents a mile; such money shall be raised in the same manner as other county charges are by law raised and collected. S2. This act shall take effect immediately. Ante, p. 303. CHAP. 317. AN ACT to enable lodges and chapters of free and accepted masons to take, hold and convey real and sonal estate. per PASSED April 2, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows: and property. $1. Whenever any lodge or chapter of free and accepted Lodges may masons which is or hereafter may be duly chartered by and convex installed according to the general rules and regulations of the grand lodge or grand chapter of free and accepted masons of the State of New York, shall be desirious of having the benefit of this act, it shall and may be lawful for such lodge or chapter, at any regular communication or convocation thereof, held in accordance with the constitution and general regulations of the grand lodge or chapter aforesaid, and in conformity to its own by-laws, to elect three trustees for such lodge or chapter, for the purpose aforesaid, a certificate of which election and purpose shall be made and subscribed by the first three elective officers of such lodge or chapter, under their hands, and stating therein the time and place of such election, the regularity thereof, the names of said trustees and the terms severally for which they are allotted to serve, and the name of the lodge or chapter for which they are elected. The execution of such certificate shall be acknowledged or proved before some officer authorized to take the acknowledgment of deeds, who shall indorse thereon a certificate of such acknowledgment, under his hand, and the same shall then be filed in the office of the secretary of state. Such trustees and their successors shall thereupon be and become entitled to all the benefits, rights and privileges granted by this act, to and for the use and behoof of said lodge or chapter, and a copy of said certificate, certified by the secretary of state, or his deputy, shall be evidence of the right of said trustees to exercise all the rights and privileges conferred by this act; and said trustees shall thereupon be authorized to take, hold and convey real and personal estate, for the charitable purposes of said lodge or chapter, not exceeding the clear annual value of ten thousand dollars. $ 2. The persons so first elected trustees shall be divided Trustees. by lot by said officers making said certificate, so that the term of one shall expire on the day of the festival of St. John the evangelist, next thereafter, and another in one year, and the third in two years thereafter. One trustee shall annually thereafter, prior to the expiration of the terms of office of said trustees and their successors, be elected by said lodge or Vacancy. hold tempo chapter by ballot, in the same manner and at the same time as the first three officers thereof severally are or shall be elected according to the constitution, by-laws and general regulations aforesaid, and a certificate of said election, under the hands of said officers and the seal of said lodge or chapter, if they have one, shall be made and shall be evidence of said election, and entitle said person so elected to act as trustee. Said lodge or chapter may, at any regular communication or convocation, fill any vacancy that may have occurred in said board of trustees, to be certified in like manner and with like effect as at an annual election. The person so elected shall hold his office for and during the term of the trustee whose place he was elected to fill. $3. If any person so elected trustee shall die, resign, dimit, or be suspended or expelled from said lodge or chapter, remove from the state, or become insane, or otherwise incapacitated for performing the duties of said trust, his office as trustee shall therefor be deemed vacant, and said lodge or chapter may thereafter, at any regular meeting, fill such vacancy, in the manner and with the effect stated in the last section. Trustees to $ 4. The trustees of any such lodge or chapter, and their ralities, etc. successors, shall be and are hereby authorized to take, hold and convey, by and under the direction of said lodge or chapter, and for the use and benefit thereof, all the temporalities and property belonging thereto, whether consisting of real or personal estate, and whether the same shall have been given, granted or devised directly to such lodge or chapter or to any person or persons for their use, or in trust for them or their benefit, and also in their individual names, with the addition of their title of trustees aforesaid, to sue and be sued in all courts and places having jurisdiction, and to recover, hold and enjoy, in trust, and subject as aforesaid, all the debts, demands, rights and privileges, and all masonic halls, with the appurtenances, and all other estate and property belonging to such lodges and chapters, in whatsoever manner the same may have acquired, or in whose name soever the same may be held, as fully and amply as if the right or title thereto had originally been vested in said trustees, and also to purchase and hold, for the purposes and subject as aforesaid, other real and personal estate, and to demise, lease and improve Make regu- the same; and such lodge or chapter shall have power to make lations, etc. rules and regulations, not inconsistent with the laws of this state nor contrary to the constitution or general regulations of the grand body to which it shall be subordinate, for managing the temporal affairs of such lodge or chapter, and to dispose of its property and all other temporal concerns and revenue thereof; and the secretary and treasurers of such lodge of chapter, duly elected and installed according to the constitution and general regulations aforesaid, shall, for the time being, be ex officio the secretary and treasurer of said trustees. direction of S5. Nothing in this act contained shall be construed or Under taken to give to such trustees of any lodge or chapter, the lodge. power to purchase, sell, convey or dispose of any property, real or personal, of such lodge or chapter, nor shall they have such power except by and under the direction of such lodge or chapter, duly had at a regular or stated communication or convocation thereof, according to the constitution and general regulations aforesaid, and said trustees shall at all times obey and abide by the directions, orders and resolutions of said lodge or chapter, duly passed at any regular or stated communication or convocation thereof, according to and not contravening the constitution and laws of this state, or of the grand body to which it shall be subordinate, or of the lodge or chapter aforesaid; provided that in case said lodge or chapter shall surrender its warrant to the grand body to which the same shall be subordinate, as aforesaid, or shall be expelled or become extinct, according to the constitution and general regulations aforesaid, it shall be the duty of said trustees then in office, out of the property aforesaid, to satisfy all just debts due from said lodge or chapter, and the residue of said property shall be transferred to the "trustees of the masonic hall and asylum fund," a corporation created by an act entitled "An act to incorporate the trustees of the masonic hall and asylum fund," passed April twenty-first, eighteen hundred and sixtyfour, and unless reclaimed by said lodge or chapter within three years after said transfer, in accordance with the constitution and general regulations aforesaid, the same, with the avails or increase thereof, shall be applied by said trustees last mentioned, to the benevolent purposes for which said trustees were created in and by said act. may surren etc. $6. It shall and may be lawful for any lodge or chapter, when lodge or the trustees or officers thereof, under the direction of such der charter, lodge or chapter, heretofore incorporated by the laws of this state or thereby enabled to take and hold real or personal estate or both, to surrender such act of incorporation, charter or privilege, and to be enabled to take and hold property, with all the rights and subject to all the provisions of this act, on making and filing the certificate in the manner specified in the first section of this act, and therein stating, in addition to what is therein required, the surrender of said act, charter or privilege, referring to and specifying the same, and on such certificate being so made and filed, the lodge or chapter making and filing the same shall thereupon be deemed as having fully surrendered such incorporation charter or right, and its property shall be fully vested in the trustees specified in said certificate, and their successors, with all the rights, powers and privileges, and subject to all the provisions of this act. $7. No board of trustees for any lodge or chapter, filing Omitting to the certificate aforesaid, shall be deemed to be dissolved for elect officers any neglect or omission to elect a trustee annually or fill any vacancy or vacancies that may occur or exist at any time in said board, but it shall and may be lawful for said lodge or chapter to fill such vacancy or vacancies at any regular communication thereafter to be held; and till a vacancy arising from the expiration of the term of office of a trustee is filled as aforesaid, he shall continue to hold the said office and perform the duties thereof. S8. This act shall be deemed a public act, and be benignly construed in all courts and places to effectuate the objects thereof. S 9. This act shall take effect immediately. Capital stock. CHAP. 322. AN ACT further to amend an act entitled "An act for the incorporation of companies formed to navigate the ocean by steamships or ships or vessels using caloric engines," passed April twelfth, eighteen hundred and fifty-two, and amended by act passed April thirteenth, eighteen hundred and fifty-three. PASSED April 2, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. Section first of the act entitled "An act for the incorporation of companies formed to navigate the ocean by steamships, or ships or vessels using caloric engines," passed April twelfth, eighteen hundred and fifty-two, and amended by act passed April thirteenth, eighteen hundred and fiftythree, is hereby amended by striking out therein the words "four millions," and inserting in lieu thereof the words eight millions." Ante, vol. 3, p. 815. S2. The provisions of this act shall apply to companies heretofore incorporated, as well as to those that shall be hereafter incorporated under said act. § 3. This act shall take effect immediately. |