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CHAP 96.

3 Edm. 304.

AN ACT to amend chapter one hundred and eighty of the

laws of eighteen hundred and forty-five, entitled “An act to reduce the number of town officers, and town and county expenses, and to prevent abuses in auditing town and county accounts.

PASSED April 7, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section twenty-nine of chapter one hundred and eighty Amending of the laws of eighteen hundred and forty-five is hereby amended so LAWS 1845. as to read as follows:

§ 29. Whenever any town collector shall have received any warrant Notice by for the collection of taxes, he shall immediately thereafter cause notices collector of the reception thereof to be posted up in five public places in the of tax ward or town, and so located as will be most likely to give notice to

warrant. the inhabitants thereof, and shall designate in such notices one or more convenient places in such town, where he will attend from nine o'clock, forenoon, till four o'clock, afternoon, at least three days in each week for thirty days, which days shall also be specified in such potice, for the purpose of receiving payment of taxes; and it shall be Payment the duty of such collector to attend accordingly, and any person may pay his taxes to such collector at the time and place so designated, or at any other time or place, on paying one per cent fees thereon, within thirty days from the first posting of said notices; and no collector Fees. shall receive over one per cent fees for receiving or collecting any taxes within said thirty days. But every such collector shall be entitled to receive one cent fees on every amount of tax under one dollar paid in or collected within said thirty days, except in cases where it is now otherwise provided by law.

8 2. This act shall take effect immediately.

of taxes.

CHAP 101.
AN ACT to amend section five of chapter four hundred and

twenty-seven of the laws of eighteen hundred and fifty-five,
entitled "An act in relation to the collection of taxes on
lands of non-residents and to provide for the sale of such
lands for unpaid taxes."

PASSED April 7, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section five of chapter four hundred and twenty-seven Amending of the laws of eighteen hundred and fifty-five, entitled “An act in relation to the collection of taxes on lands of non-residents and to 3 Edm. 357. provide for the sale of such lands for unpaid taxes," is hereby amended so as to read as follows:

ch. 427, Laws 1865.

Taxes on lands of residents and railroads returned

§ 5. If the taxes on any farm or lot of land assessed to a resident shall be returned as unpaid, in consequence of such premises becoming vacant by the removal of the occupant before the collection of the

tax imposed thereon, or in default of goods and chattels of the occuas unpaid. pant to satisfy such tax, or if the taxes on any land occupied by or used

in connection with any railroad, which was assessed to any person, company or corporation, owning, operating or constructing such rail. road, shall be returned as unpaid, the supervisor of the town or ward in which such land was assessed shall add a description thereof to the assessment roll of the next year in the part thereof appropriated to taxes on lands of non-residents, and shall charge the same with the uncollected tax of the preceding year; and the same proceedings shall be had thereon in all respects as if it was the land of a non-resident, and as if such tax had been laid in the year in which the description is .

The land occupied by or used in connection with any railroad assessed to any person, company or corporation owning, operating, or constructing such railroad, may be described in the following form: “a strip of land owned and occupied by the railroad company, in

extending about feet ou each side of the railroad track, and embracing the same, together with all the depots, stations, turnouts

, switches and other improvements thereon and connected therewith, commencing at the point where such railroad track crosses the boundary line in entering the — ward of the city of —, or the town of - and extending to the point where such track crosses the boundary line leaving such ward of the city of or the town of —, or to the point of termination in the same, containing acres more or less; and when thus described, with the blanks in such form properly filled, on the Comptroller's book of taxes, or advertised or sold for taxes, no other description thereof shall be deemed necessary; provided, that if the Comptroller shall believe that the interests of the State should be best subserved by selling the land in lots or divisions, he shall be empowered to direct such surveys or to create such maps as may be made from titles to the same, so as to enable him to sell such lots by description sufficient to convey title thereto.

§ 2. This act shall take effect immediately.

the year

CHAP. 108.

ment.

Imprison- AN ACT to amend chapter two hundred and nine of the laws

of eighteen hundred and seventy-four, entitled “An act to amend an act passed April eighteenth, eighteen hundred and fifty-nine, entitled An act to extend the provisions of an act authorizing the imprisonment of persons convicted of certain crimes in the counties of Montgomery and Oneida, in the Albany county penitentiary,"" passed April twelfth, eighteen hundred and fifty-eight, to all the counties in this State.

PASSED April 11, 1876 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending

SECTION 1. Section two of chapter two hundred and nine of the laws of eighteen hundred and seventy-four, entitled "An act to amend

ch. 209, Laws 1874. 9 Edm. 874.

an act, passed April eighteenth, eighteen hundred and fifty-nine, entitled An act to extend the provisions of an act authorizing the imprisonment of persons convicted of certain crimes in the counties of Montgomery and Oneida, in the Albany county penitentiary,'” passed April twelfth, eighteen hundred and fifty-eight, to all the counties in this State, is hereby amended so as to read as follows:

§ 2. It shall be the duty of every court, police justice, justice of the Duty of peace, or other magistrate, by whom any person may be sentenced, in courts as the several counties of this State, for any term not less than sixty days, tences. for any crime or misdemeanor not punishable by imprisonment in the State prison, during the continuance of the agreement mentioned in the first section of this act, to sentence such person to imprisonment in such penitentiary, there to be received, kept and employed in the manner prescribed by law, and the rules and discipline of such penitentiary; and it shall be the duty of such court, justice or magistrate, by a warrant, duly signed by the presiding judge, or justice or clerk of such court, or by such justice or other magistrate so giving such sentence, to cause such person so sentenced, to be forth with and by the most direct route conveyed by some proper officer to such peniten. tiary.

8 2. Section three of said act is hereby amended so as to read as follows:

§ 3. It shall be the duty of the sheriffs, deputy sheriffs, constables or Duty of policemen in and for the several counties of this State, to whom any constableon warrant of commitment for that purpose may be directed by any court etc. or magistrate in this act mentioned, to convey forth with such person 80 sentenced, to the penitentiary referred to in the second section of this act, and there deliver such person to the keeper of such penitentiary, whose duty it shall be to receive such persons, so sentenced, during the continuance of said agreement, authorized by the first section of this act, to be there safely kept and employed, according to the rules and discipline of such penitentiary; and the officers thus conveying such convicts, so sentenced, shall be paid such fees and expenses therefor, as the several boards of supervisors of the several counties of this State shall prescribe and allow.

8 3. This act shall take effect immediately.

CHAP. 110. AN ACT supplemental to chapter sixty of the laws of eighteen Religious

hundred and thirteen, entitled “An act to provide for the 3 Edm. 687. incorporation of religious societies," and of the several acts amendatory thereof.

PASSED April 11, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. It shall be lawful for any diocesan convention, presbytery classis, synod, annual conference, or other governing body having elected. jurisdiction over a number of churches, congregations or societies of any church or religious denomination in this State, now or hereafter to be constituted or established, and not already incorporated, at any stated meeting thereof, by a plurality of voices, to elect any number of

Trustees

may be

Powers of trustees.

discreet persons, not less than three nor exceeding nine in number, as trustees to take charge of the estate and property belonging thereto, and to transact all affairs relating to the temporalities thereof. The presiding officer and clerk of such governing body shall immediately thereafter certify, under their hands and seals, the names of the persons elected as trustees as aforesaid, in which certificate the name or title by which the said trustees and their successors shall be known, shall be particularly mentioned, which said certificate, being duly acknowledged by the said presiding officer and clerk, shall be recorded, by the clerk of one of the counties situated in whole or in part, within the bounds of the jurisdiction of such governing body, or in the book kept for the record of religious corporations; and such trustees and their successors shall thereupon, by virtue of this act, be a body corporate, by the name or title expressed in such certificate.

82. Such trustees shall be capable of taking for religious, educational and charitable purposes, by gift, devise, bequest, grant or purchase, and of holding and disposing of the same, any real and personal estate held for the benefit of any such governing body, or of any parish, congregation, society, church, chapel, mission, religious, benevolent, charitable or educational institution, existing or acting under such governing body at the time of their election, or which had then or may thereafter be given for any such purposes, provided that the net yearly income received from the said property shall not at such time exceed

the sum of twenty-five thousand dollars. When § 3. Whenever any parish, church, congregation or religious society church shall

in connection with any such governing body shall become extinct by

reason of the death or removal of its members, it shall be lawful for the extinct. Amended trustees elected by such body as aforesaid to take possession of the 1880, ch, 58 temporalities and property belonging to such extinct church or organ903.

ization, and manage and dispose of the same, and apply the proceeds thereof to any of the objects mentioned in the second section of this

act. Term of $ 4. The trustees elected by virtue of this act shall hold their offices office.

at the pleasure of the governing body by whom they are elected, and all vacancies shall be filled by such body as they occur.

See ch. 381, Laws 1875, ante p. 137, ch. 176, Laws 1876, post p. 289.

become

CHAP 115.
AN ACT to facilitate the settlement of bills of exceptions in

criminal actions.

PASSED April 11, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever in any criminal action, or criminal proceeding, tried before any court, any party shall be entitled to have a bill of exceptious, the same may be settled, signed and sealed by the presiding judge, or the presiding justice of the court, before whom the same may be tried, either before the adjournment or after the adjournment of the said court; and it shall not be necessary that such court shall be in session at the time of such settling, signing and sealing; but the same may be done after the final adjournment of such court

8 2. This act shall take effect immediately.

Wills exe

of State rule as to

CHAP. 118.
AN ACT in relation to wills of personal estate.

PASSED April 11, 1876.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Every will and other testamentary instrument made out of the State of New York, and within the United States of America, cuted out Dominion of Canada, or the Kingdom of Great Britain and Ireland, whatever may be the domicile of the person making the same or at the execution. time of making the same, or at the time of his or her death, shall, as regards personal estate, be held to be well executed for the purpose of being admitted to probate in the State of New York, if the same be made according to the forms required either by the law of the place where the same was made or by the law of the place where such person was domiciled when the will was made or by the laws of the State of New York.

§ 2. Every will and other testamentary instrument made within the will exeState of New York, whatever may be the domicile of the person within the making the same at the time of making the same, or at the time of State. his or her death, shall, as regards personal estate, be held to be well executed, and shall be admitted to probate in the State of New York if the same be executed according to the forms required by the laws of this State.

8 3. No will or other testamentary instrument shall be held to have Erect of become invalid, nor shall the construction thereof be altered by reason change of

domicile. of any subsequent change of domicile of the person making the same.

$ 4. Nothing in this act contained shall invalidate any will or other Efect of testamentary instrument as regards personal estate which would have this act. been valid if this act had not been passed except as such will or other testamentary instrument may be revoked or altered by any subsequent will or testamentary instrument made valid by this act.

85. This act shall extend only to wills and other testamentary To what instruments made by persons who die after the passage of this act. $ 6. This act shall take effect immediately.

apply. Repealed by L. 1880, ch. 245. See Co. Civ. Proc., SS 2611-13.

wills to

CHAP 121.
AN ACT regulating the appointment of trustees of the State
Homeopathic Asylum for the Insane at Middletown.

PASSED April 14, 1876.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Whenever vacancies shall occur in the board of trustees of the State Homeopathic Asylum for the Insane at Middletown, the Senate shall appoint, on the nomination of the Governor, proper persons to fill such vacancies; and the acceptance of the office of trustee, by the person8 thus appointed, shall be a pledge that they will maintain the homeopathic mode of medical treatment in the said asylum.

$ 2. All acts or parts of acts inconsistent with this act are hereby repealed.

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