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CHAP 85.

AN ACT to amend chapter one hundred and eighty-one of the Abortions.

laws of eighteen hundred and seventy-two, entitled "An act for the better prevention of the procurement of abortions and other like offenses, and to amend the laws relative thereto."

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 six of chapter one hundred and eighty-one of Amending the laws of eighteen hundred and seventy-two, entitled "An act for Cla, 181, the better prevention of the procurement of abortions and other like " Edm. 348. offenses, and to amend the laws relative thereto,” is hereby amended so as to read as follows:

$ 6. In all prosecutions under and in pursuance of this act, the Dying decdying declarations of the woman whose death is produced by any of

larations,

9 Hun, 113. the means herein before set forth, shall be admitted in evidence subject to the same restrictions as in cases of homicide.

8 2. This act shall take effect immediately.

CHAP 854.

AN ACT to amend chapter forty-seven of the laws of eigh- Religious

Societies. teen hundred and twenty-six, entitled “ An act to amend an act entitled 'An an act to provide for the incorporation of religious societies.'»

PASSED May 15, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter forty-seven of the laws of eigh-Amending teen hundred and twenty-six, entitled "An act to amend an act chute entitled 'An act to provide for the incorporation of religious socie- 3 Edm. 698. ies,'” is hereby amended so as to read as follows:

§ 1. If any church, congregation or religious society, now or here- Trusteen, after to be incorporated, according to the provisions of the third sec- election of tion of the act hereby amended shall neglect or omit, or have neglected or omitted, at their stated annual election, to choose any one of the three classes of trustees as mentioned in the sixth section of the said act, the said church, congregation or religious society, shall not be deemed and taken to be thereby dissolved ; but the trustees then or now already chosen shall continue to hold their offices until others be chosen in their stead; and whenever such neglect or omission shall happen through defect of due notice, or otherwise, the trustees of said church, congregation or religious society, or a majority of them, shall immediately thereafter give notice thereof, in writing, to the minister,

or in case of his death or absence, to the elders or church wardens, and in case there shall be no elders or church wardens, then to the deacons or vestrymen of any such church, congregation or society; and the said minister, or in case of his death or absence, one of the said elders or church wardens, deacons or vestrymen shall, in the manner prescribed in the third section of the said act, proceed to notify the members of the said church, congregation or society of such" neglect or omission, and appoint the time and place for the election of new trustees to remedy the same, of which election at least fifteen days' notice shall be given in the manner aforesaid, except that it shall be lawful for the religious denomination known as the “United Brethren in Christ," to elect their trustees by the quarterly conference of each circuit, station or mission of said denomination for full terms, or to fill vacancies in office without further notice than the customary notice of such quarterly conference as required by the rules and regulations of such denomination, and the said election shall be held and conducted by the same persons, in the same manner, and the result be certified in like manner as is prescribed in and by the sixth section of the act hereby amended, and by the rules of the “United Brethren Church," and shall have the same force and effect as elections held under and by virtue of said section, and not otherwise.

CHAP. 365. AN ACT to extend the operation and effect of the act passed

February seventeen, eighteen hundred and forty-eight, entitled “An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes.

PASSED May 15, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any three or more persons may organize and form 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, one thousand eight hundred and forty-eight, for the purpose of constructing and using machines for dredging and filling of land, and dock building, or for the construction and operation of inland wharves and basins, and

the purchase, improvement and sale thereof. $ 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 benefit and privileges thereby conferred. 8 3. This act shall take effect immediately.

See 3 Edm. 733.

1

CHAP 871.

347, 372. and 1879,

General

, 394 ; 69 N. Y. 358.

AN ACT to conform the charters of all savings banks or insti- Savings

tutions for savings, to a uniformity of powers, rights and lia- Amended bilities, and to provide for the organization of savings banks, 255, alla for their supervision and for the administration of their 1878, ch. affairs.

PASSED May 17, 1875

chs. 432,437, and 1880,

chs. 134 The People of the State of New York, represented in Senate and and 287 Assembly, do enact as follows :

SECTION 1. All savings banks or institutions for savings, now Savings existing, or which may hereafter be organized under and by virtue declared of any law of this State, are hereby declared to be corporations pos- to be cora sessed of the powers and functions of corporations generally, and as such shall have power:

1. To have perpetual succession by its corporate name.

2. To sue and be sued, complain and defend, in any court of law ke How or equity.

3. To make and use a common seal, which may be affixed by making an impression directly on the paper, and alter the same at pleasure.

4. To appoint such officers, managers and agents as the business of the corporation may require.

5. To make by-laws not inconsistent with the laws of this State or of the United States, for the management of its property and the regulation of its affairs. 6. To contract and be contracted with.

7. To receive money on deposit, to invest the same, and further transact the business of a savings bank as hereinafter provided.

8. To exercise any corporate powers necessary to the exercise of the powers above enumerated and given.

$ 2. Any number of persons not less than thirteen, may associate Not less themselves together for the purpose of organizing a savings bank also la in accordance with the provisions of this act; but two-thirds of such te organnumber of persons shall reside in the county where the proposed bank ings bank, shall be located.

$ 3. Such persons, under their hands and seals, shall execute a Such percertificate in which shall be set forth :

1. The name assumed to distinguish such association and to be certificato. used in its dealings, which shall be, in no material respect, similar to the name of any other savings bank, organized and doing business in this State.

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

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

4. A declaration that each member of such association will accept the responsibilities and faithfully discharge the duties of a trustee

sons to execute a

certificate shall contain.

where to be filed.

Notice of intention

ize to be

fled in such notice.

each savings bank in the county.

in such institution when authorized according to the provisions of

this act. Such certi- $ 4. Such certificate shall be executed in duplicate, and be duly executed acknowledged before an officer of this State authorized to take the Cat dupli- acknowledgment of conveyances of real estate for record, and shall,

within sixty days after such acknowledgment, be filed, one copy in When and the office of the county clerk of the county wherein such savings

bank is proposed to be located, and one copy in the office of the Superintendent of the Banking Department of this State.

$ 5. A notice of intention to organize such savings bank shall be to organ- published at least once a week for four weeks previous to filing the published.

certificate of association, as provided in the last preceding section, in at least one newspaper of the largest circulation published in the city, village or town where such savings bank is proposed to be

located; or, if there be no newspaper published in such village or What shall town, then in some newspaper published in such county; if none

in said county, then in an adjoining county, which notice shall specify the names of the proposed corporators, the name of the proposed

šavings bank and the location of the same, as set forth in the Copy of certificate of association; and if there is any savings bank or banks, be sent to organized and doing business in such county, a copy of such notice

shall also be sent to each such savings bank so organized and doing business, at least fifteen days before the filing of such certificate of association, as provided for in the last preceding section.

$ 6. Upon the receipt of any such certificate of association at the office of the Superintendent of the Banking Department, if the same is in due form and duly executed according to the provisions of

sections three and four of this act, and is accompanied by evidence Indorse

satisfactory to the Superintendent of the proper publication and certificate service, in good faith, of the notice required in the last preceding tion by the section, he shall forthwith indorse the same over his official signa

ture“ filed for examination,” with the date of such indorsement.

$ 7. If such certificate shall not be in form and substance as required by section three of this act, or shall not be duly and properly acknowledged, as required by section four of this act, or shall

not be accompanied by evidence, satisfactory to the Superintendent, certificate. of the publication and service in good faith, according to the intent

and purpose of this act, of the notice required by section five of this act, the Superintendent shall refuse to file such certificate, until the same shall be amended in conformity to the provisions of this

act. Duty of $ 8. It shall be the duty of the Superintendent of the Banking tendent in Department and he shall have power, in regard to any certificate of regard to association, so filed by him as hereinbefore provided, to ascertain

from the best sources of information at his command:

1. Whether greater convenience of access to a savings bank will be afforded to any considerable number of depositors by opening a savings bank at the place designated in such certificate.

2. Whether the density of the population, in the neighborhood

designated for such savings bank, and in the surrounding country, the super- affords a reasonable promise of adequate support to the enterprise.

.

3. Whether the responsibility, character and general fitness for

ment of

superintendent. When the superintendent shall refuse to file such

cate of association.

Information to be ascertained by

be .

cate of au.

to be flled in the bank

the discharge of the duties appertaining to such a trust, of the persons named in such certificate, are such as to command the confidence of the community in which such saving bank is proposed to be located.

$ 9. If the Superintendent shall be satisfied from his knowledge, or from information gained, concerning the several points named in the last preceding section, that the organization of a savings bank, as proposed in such certificate, will be a public benefit, he shall, When oerwithin sixty days after the same has been filed by him for exam- authorizaination, issue, under his hand and official seal, a certificate ofauthor- tion shall ization to the persons named in such certificate, or to them or to a portion of them, together with such other persons, as a majority of those named in such certificate of association shall, in writing, approve; which certificate, so issued by him, shall authorize the persons named therein to open an office for the deposit of savings, as designated in the certificate of association, subject to the provisions of this act: provided, however, that no person shall be named Proviso in such certificate of authorization, who shall not have duly made persons to and acknowledged the declaration prescribed in subdivision four of in certifsection three of this act.

thorization $ 10. The Superintendent shall transmit such certificate of author- Certificate ization to the county clerk of the county in which the savings bank author so authorized is to be located, who shall file the same and attach it be filed by to the certificate of association previously filed by him, relating to clerk. the organization of such savings bank; and the Superintendent shall Duplicate also file a duplicate copy of such certificate in his own office.

$ 11. If the Superintendent shall not be satisfied that the estab- departlishment of a savings bank, as proposed in any certificate of associ- Notice to ation filed by him, is expedient and desirable, he shall, within sixty County days after the filing of such certificate by him, give notice to the refusal to county clerk of the county in which such savings bank is proposed certificate. to be located, that he refuses to issue a certificate of authorization for such savings bank, which notice shall forthwith be filed by Duty of the county clerk with the certificate of association of such savings clerk. bank.

$ 12. Upon the filing of any certificate of authorization of a Persons savings bank as hereinbefore provided, the persons named therein, named in and their successors, shall thereupon and thereby be duly and law- cate of fully constituted a body corporate and politic, and shall be vested tion 007a. with all the powers and charged with all the liabilities conferred stituted a and imposed by this act.

$ 13. Before any savings bank, so incorporated, shall be authorized Duty of to receive deposits, such corporation shall transmit to the Superin- surat fortendent of the Banking Department the name, residence and post- before re. office address of each of the officers of such savings bank, and the posits. Hace where its business is to be carried on, designating the same by street and number when practicable.

$ 14. Any savings bank, so incorporated, that shall not organ- Such corize and commence business within one year after the certificate of poration authorization of the same has been filed, as hereinbefore provided, mence shall forfeit its rights and privileges as a corporation under this act; within one but the Superintendent of the Banking Department may, for satisfac- year.

body corporate.

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