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or either of them, transmitted and deposited, one to and with the town clerk, one to and with the school commissioner or commissioners in whose jurisdiction said districts are located, and one to and with the Superintendent of Public Instruction; but when at any such meeting, the question as to the establishment of a union free school shall not be decided in the affirmative as aforesaid, then all further proceedings at such meeting, except a motion to reconsider or adjourn, shall be dispensed with, and no such meeting shall be again called within one year thereafter.
8 3. This act shall take effect immediately.
ch. 267, Laws 1875.
AN ACT to amend chapter two hundred and sixty-seven of
the laws of eighteen hundred and seventy-five, entitled “An act for the incorporation of societies or clubs for certain lawful purposes.
PASSED March 14, 1876. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Amending SECTION 1. Section one of chapter two hundred and sixty-seven of
the laws of eighteen hundred and seventy-five, entitled "An act for the ante, p. 104. incorporation of societies or clubs for certain lawful purposes," is
hereby amended so as to read as follows, viz.: Incorpora- § 1. Any five or more persons of full age, citizens of the United
States, and a majority of whom are also citizens of this State, who desire to form themselves into a society or club for social, mutual benefit, benevolent, temperance, political, economic, patriotic, gymnastic, athletic, military drill, musical, dramatic, historical, literary, library, artistic, yachting, hunting, fishing, bathing, or lawful sporting purposes, may sign and acknowledge, before any officer authorized to take the acknowledgment of deeds in this State, and to 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 or club shall be situated, a certificate, cate what in writing, in which shall be stated the name or title by which such
society shall be known in law; the particular business and object of such society or club; the number of trustees, directors, or managers,
to manage the same, and the names of the trustees, directors, or manConsent of agers for the first year of its existence; but such certificate shall not Justice.
be filed, unless by the written consent and approbation of one of the
As to the law of clubs and voluntary societies, see 5 Alb. L. J.228; 15 Am.
Rep. 27: 10 Eng. Rep. 385; 4 Abb. N. C. 300.
Passed March 14, 1876 ; three-fifths being present. The People of the State of New York, represented in Senate and 488embly, do enact as follows:
SECTION 1. It shall be the duty of the superintendent, warden or omcers to other proper officer in charge of each of the benevolent institutions of report. this State in which are persons whose maintenance, treatment, tuition or clothing is a charge against any county of this State, to make a report on or before the fifteenth day of September, in each year, to the clerk of the board of supervisors of the county to which such maintenance, treatment, tuition or clothing is chargeable, which report shall show the name, age, sex, color and nationality of every person in What such institution, chargeable to such county; also, when each person show. was received into such institution, from what town sent, for what term received, to what time the expense of each such person has been paid, and the amount chargeable to such county for each such person for the ensuing year, which report shall be verified by the oath or affirmation of the person making the same.
8 2. This act shall take effect immediately.
of the laws of eighteen hundred and fifty, entitled "An act
Passed March 14, 1876; three-fifths being present. The People of the State of New York, represented in Senate and See ch. 136, Assembly, do enact as follows:
ante, p. 67. SECTION 1. Section one of chapter two hundred and seventy of the Amending laws of eighteen hundred and fifty, entitled “An act to authorize the ch. 270, appointment of comniissioners to take the proof and acknowledgment 4 Edm.441. of deeds and other instruments, and to administer oaths in other states and territories,” is hereby further amended so as to read as follows:
$ 1. The Governor of this State is hereby authorized to name, appoint Governor and commission so many commissioners in each of the other States and to appoint Territories of the United States, and in the District of Columbia, as sioners. he may deem expedient, provided that the number of commissioners Number. shall at no time exceed ten in any one city or county; the said commissioners shall continue in office for four years, and shall have Term of authority to take the acknowledgment and proof of the execution of office - au
thority, any deed, mortgage, lease or other conveyance of any lands, tenements or hereditaments, lying or being in this State, or of any contract, assignment, transfer, letter of attorney, satisfaction of a judgment or os a mortgage, or of any other writing or instrument under seal, to be used or recorded in this state ; also to administer an oath or affirma
Commissioner to take and
tion to any person or persons who may desire to make such oath or affirmation.
2. Section three of said act is hereby amended so as to read as follows:
3. Every commissioner appointed by virtue of this act shall, be
fore he performs any duty under and by virtue of his said appointment subscribe and of this law, take and subscribe an oath or affirmation before a oath.
justice of the peace, or some other magistrate in the city or county in which he shall reside, well and faithfully to execute and perform all the duties of such commissioner under and by virtue of the laws of
the State of New York; which oath or affirmation shall be filed in the Omcial office of the Secretary of State. And every such commissioner shall,
also before he enters upon the duties of his office, cause to be prepared an official seal, in which shall be designated his name, and the words “a commissioner of deeds for the State of New York,” together with the name of the state or territory, and also of the city or county in which he shall reside, and for which he shall have been appointed, and shall transmit to and cause to be filed in the office of the Secretary of the State, a distinct impression of such seal, taken upon wax or some other substance capable of receiving and retaining a clear impression, together with his signature in his own proper writing.
§ 3. Section five of said act is hereby amended so as to read as Limitation follows: thority.
$ 5. No commissioner appointed under or by virtue of this act shall Amended be authorized to take the proof or acknowledgment of any deed or by ch. 115,
instrument, or to administer any oath or affirmation, at any place other post, p. 919. than within the city or county within which he shall reside at the time Certificate, of his appointment; and every certificate of any such commissioner to specify. any proof or acknowledgment taken before him, or to any oath or
affirmation administered by him, shall specify the day on which, and the city and connty, or town and county, within which the same was taken or administered; and without such specification, the said cer
tificate shall be wholly invalid, inoperative and void. Fees. § 4. The fees of such commissioners shall in no case exceed four
times the amount allowed by the laws of the State or Territory in which such commissioner reside for like services within such State or Territory by an officer thereof, provided, however, that in no case shall such fees for taking the proof or acknowledgment of a deed or other instrument or the administering of an oath or affirmation, exceed the sum of one dollar.
PASSED March 14, 1876 ; three-fifths being present.
Assembly, do enact as follows : Imprison- SECTION 1. Whenever a fine is imposed upon any person convicted ment for of a misdemeanor, the court imposing the fine may limit the term of
imprisonment, in default of payment, to a term not exceeding one day for each dollar of the fine imposed.
§ 2. This act shall take effect immediately.
AN ACT to amend chapter one hundred and forty of the Railroads.
laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations and to regulate the same.”.
PASSED March 29, 1876. The People of the State of New York, represented in Senate and A8sembly, do enact as follows:
SECTION 1. Section twenty-third of the act entitled “An act to Amending authorize the formation of railroad corporations and to regulate the Laws 1850. same," passed April second, eighteen hundred and fifty, is hereby 3 Edm. 617. amended so as to read as follows:
§ 23. The directors of every company formed under this act may, by a vote of two-thirds of their whole number, at any time alter or may change the route or any part of the route of their road, or its termini, ebarea or locate the said route or any part thereof or its termini in a county adjoining any county named in the articles of association, if it shall appear to them that the line can be improved thereby; and they shall
Survey. make and file in the clerk's office of the proper county a survey, map Mayacar
quire land. and certificate of such alteration or change, and shall have the same right and power to acquire title to any lands required for the purposes of the company in such altered or changed route as if the road had been located there in the first instance; and no such alteration shall be made in any city or village after the road shall have been construc- in city or ted, unless the same is sanctioned by a vote of two-thirds of the common council of said city, or trustees of said village; and in case of any alteration made in the route of any railroad after the company tion. has commenced grading, compensation shall be made to all persons for injury so done to any lands that may have been donated to the company. Nothing herein shall be construed to authorize the change of Proviso. either terminus to any other county than one adjoining that in which it was previously located, nor the reduction of the amount of capital stock per mile below that now required by law. All the provisions of
Alteration this act relating to the first location, and to acquire title to land, where shall apply to every such new or altered portion of the route. Nor been is. shall the provision of this section authorize the alteration of the route sued. or terminus of any railroad in any town, county or municipal corporation which has issued bonds, or any town which may be bonded, but whose bonds have not yet been issued or subscribed for, and taken any stock or bonds in aid of the construction of such railroad without the consent in writing of, and subscribed by a majority of the tax payers appearing upon the last assessment-roll of said town, county or municipal corporation.
See 77 N. Y. 249.
CHAP. 99. Villages.
AN ACT to confirm the election of village trustees in certain
cases, and to provide for and determine by lot their respective terms of office.
PASSED April 4, 1876; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows : Elections SECTION 1. No election of trustees held in the year eighteen hunof trustees. dred and seventy-six, pursuant to an act entitled “An act to provide
for the incorporation of villages,” passed April twenty, eighteen hundred and seventy, and the act amendatory of said act, passed June ninth, eighteen hundred and seventy-four, shall be invalid on account of the failure of any of the electors at such election to designate in their ballots the respective terms of office of the persons voted for for trustees, but the persons for whom a majority of such votes shall have been cast shall be deemed duly elected trustees of such village, and such trustees shall, on or before the first day of May, eighteen hundred and seventy-six, meet together with the president of the village, and the said president shall, in their presence, determine by lot who of said trustees shall serve for one year and who of them for two years. If the number of trustees is three, or any other odd number, the smallest majority shall serve for two years, and the largest majority for one year. The president shall make and file in the office of the clerk a certificate stating the names of the said trustees and the term of office of each, as so determined.
§ 2. This act shall take effect immediately.
See ch. 68. Laws 1879.
Writs of error.
AN ACT to amend the sixteenth section of title sixth of chap
ter two of the fourth part of the Revised Statutes, concerning the allowance of writs of error in criminal cases.
PASSED April 6, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. The sixteenth section of title sixth of chapter two of the Amending 3. 8. 746 fourth part of the Revised Statutes is hereby amended so as to read as 2 Edm. .
§ 16. But no such writ of error shall stay or delay the execution of When not to stay pro such judgment or of sentence thereon, unless the same shall be allowed coedings.
by a justice of the Supreme Court, in other than capital cases, residing in the judicial department where the conviction was had, upon two days' notice, in writing, to the district attorney of the county where the conviction shall have been had, and unless such writ of error shall contain an express airection that the same is to operate as a stay of proceedings on the judgment upon which such writ shall be brought.
8 2. This act shall take effect immediately.