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CHAP 198. AN ACT authorizing the commissioners of the land office to exchange lands on the Onondaga salt springs reservation.

PASSED April 30, 1877; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The commissioners of the land office may, in their discretion, whenever, in their judgment, it shall be for the interest of the state, exchange any lands on the Onondaga salt springs reservation, set apart for the manufacture of fine or coarse salt, for any lands belonging to individuals, which would, in their opinion, be better adapted and more available for the manufacture of salt; provided, however, in no case shall such exchange be made for a less amount in area of land. Nor shall any money be paid by the state for any supposed difference in value of the individual land in excess of the value of the land of the state, but the state may demand and receive any difference in money, in the value of the state land which, in the judgment of the said commissioners of the land office, there may be over the value of the individual land so offered in exchange.

§ 2. This act shall take effect immediately.

minutes.

CHAP. 206.
AN ACT regulating the practice in the surrogate's court of the county

of New York, respecting testimony taken in contested matters, and as
to the issue of letters of guardianship to testamentary guardians.

PASSED May 2, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The stenographer of the surrogate's court of the county of New Sten.

ographer's York shall hereafter make one plain copy of the minutes of the testimony taken by the said surrogate in all contested matters before him as such surrogate, and the said minutes shall be securely bound in volumes of a convenient size and shape, which said volumes shall be indorsed upon their backs "stenographic minutes," and numbered numerically beginning with number one.

§ 2. In all such contested matters, the said surrogate shall not hereafter be Surrogate required to record the testimony taken therein, nor shall he be required to re- pot to record the testimony heretofore taken in such contested matters, and not yet re- timony. corded, but the record thereof shall refer to such testimony as filed in his office, giving the number of the volume and page of the said stenographer's minutes of the said testimony, and where a will has been contested, the fact of such contestation shall be stated in the record thereof.

3. The record of all such contested matters, and the said stenographer's Record minutes, may be certificd by the clerk to the surrogate's court, and shall be as and steneffectual for all purposes as if the said testimony had been recorded in the minutes as manner now prescribed by law, and a certified or exemplified copy of the record evidence. of all such matters shall be as effectual for all purposes of evidence as if said testimony was annexed to and formed a part of said certified or exemplified copy.

$ 4. A testamentary guardian appointed in any last will and testament, Testawhich shall be admitted to probate by said surrogate, shall, if he accepts the mentary appointment, qualify within thirty days after said probate, by taking an oath guardian similar to that now required of general guardians, and thereupon said surrogate how to shall issue letters of guardianship to him, or he may renounce such appointment. qualify.

$5. If such testamentary guardian does not appear and qualify, or renounce Effect of his said appointment, within said thirty days, then such proceedings may be failure to

. taken for his renunciation as may now by law be taken against an exccutor who fails to qualify or renounce his appointment.

8 6. Objections may be filed against the issue of letters of guardian- Objections ship to the testamentary guardian named in any last will and testa- to testa

Effect of failure to qualify.

to testamentary

$ 5. If such testamentary guardian does not appear and qualify, or renounce his said appointment within said thirty days, then such proceedings may be taken for his renunciation as may now by law be taken

against an executor who fails to qualify or renounce his appointment. Objections § 6. Objections may be filed against the issue of letters of guardian

ship to the testamentary guardian named in any last will and testaguardian. ment by any party interested in the estate of the testator, for any of

the causes which now render an executor incompetent to act as such, and thereupon such proceedings shall be had as are now by law pre

scribed, where objections are filed against the issue of letters testaTestamen- mentary to an executor named in any last will and testament. tary guard 8 7. Until letters of guardianship shall be duly issued to a testa

mentary guardian, he shall have no power or authority over the persons letters or estates of the minors for whom he is named as such guardian.

8 8. This act shali take eff ct immediately.
Repealed by ch. 245, L. 1880. See Co. Civ. Proc., $$ 2541-3, and 2851-2.

ian not to act till

issue.

CHAP 208.

Embezzlement by executors,

etc.

ment.

AN ACT to define and punish embezzlement by executors, administrators, guardians and trustees.

Passed May 2, 1877 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. If any person acting as executor, administrator, trustee guardians'

. or guardian, appointed by any will, deed, or other written instrument,

or by the judgment or order of any court or judicial officer in this state, shall convert to his own use, or take, make way with, or secrete with intent to convert to his own use, or shall fraudulently withhold any money, goods, property, rights in action, or other valuble security or effects whatever, belonging to the estate or person or persons for whose benefit or in whose behalf such executor, administrator, trustee or guardian may have been appointed, and which shall have come into

his possession or under his care or control by virtue of such trust, emPunish- ployment or office, he shall be adjudged guilty of embezzlement, and

shail, upon conviction, be punished by a fine not less than the amount shown on the trial to the satisfaction of the courts to be so embezzled, with interest and twenty per cent thereon in addition, and he shall be

imprisoned in the state prison until such fine be paid, but not for a Fine to be period exceeding five years. paid to

§ 2. The amount of such fine, to the extent of the sum so embezzled, treasurer. together with seven per cent interest thereon from the time of such

embezzlement, and costs of action for the recovery of judgment for the amount so embezzled, shall, after its collection, be paid to the county treasurer subject to the order of the supreme court in the district where the conviction has been bad for the benefit of the estate or

the party or parties for whose benefit or in whose behalf the person How

so convicted was acting as such executor, administrator, trustee or drawn guardian, and shall only be drawn out on application to and under the treasurer. order of the court, and so much of the amonnt collected for such fine

as shall be necessary for that purpose, shall be a;;plied in satisfaction of any judgment or decree obtained in a court of law or equity on account of the embezzlement for which such conviction was had; and any amount not so drawn out within two years after such conviction, shall be paid to the county treasurer of the county in which such conviction was had, for the use of such county, but shall upon the order of said supreme court be repaid without interest and applied to the

county

satisfaction of such judgment or decree in case such judgment or decree shall be recovered after the expiration of said two years.

§ 3. In case of the payment of the amount embezzled and interest Remitting at seven per cent by the person convicted, or of the collection of the ine. same by civil action, the court may, in its discretion, upon application by such person and notice to the parties interested in the fund or property embezzled, and to the district attorney of the county, remit the fine imposed except the additional percentage.

CHAP. 08. AN ACT regulating the amount of capital stock for fire and marine insurance companies.

PASSED May 2, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. No company shall be hereafter organized under the laws of this state for the transaction of fire or marine insurance business insurance

Capital of with a smaller capital than two hundred thousand dollars, the same to compabe paid in in cash.

$ 2. Companies from other states and countries applying for admission to this state shall be possessed of at least the amount of capital companrequired from companies organized under the laws of this state, the ies. same to be paid in in cash. § 3. All acts or parts of acts inconsistent with this act are hereby

Repeal. repealed.

$ 4. This act shall take effect immediately. Section 1 amended 1878, ch. 337, post, p. 631. Sec. 2 amended 1879, ch. 490, post, p. 806.

CHAP.210.
AN ACT to incorporate the New York State Bar Association.

PASSED May 2, 1877.

tion.

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

SECTION 1. The members of the voluntary association which was formed in the city of Albany, November twenty-first, eighteen hun- New York dred and seventy-six, under the name of the New York State Bar AssociaAssociation, of which association John K. Porter of the first judicial district is president, and Charles W. Sandford of the first judicial district, John J. Armstrong of the second judicial district, Samuel Hand of the third judicial district, Platt Potter of the fourth judicial district, William C. Roger of the fifth judicial district, Horatio Ballard of the sixth judicial district, James L. Angle of the seventh judicial district, and Myron H. Peck of the eighth judicial district are vice-presidents, and of which the judges of the United States courts residing in this state, the judges of the court of appeals, and the justices of the supreme court of this state are honorary members, and all persons who shall

Powers as to property

tion, by

hereafter be associated with them, are hereby created a body corporate, under the name of the “ New York State Bar Association." And the said association is formed to cultivate the science of jurisprudence to promote reform in the law, to facilitate the administration of justice, to elevate the standard of integrity, honor and courtesy in the legal profession, and to cherish a spirit of brotherhood among the members thereof.

$ 2. Said corporation shall have power to acquire, by lease or purchase, suitable buildings, library and furniture for the use of the corporation ; to borrow money for such purposes and issue bonds therefor, and to secure the same by mortgage ; and generally to acquire and take by purchase, gift, devise, bequest, subject to the provisions of law relating to devises and bequests by last will and testament, or otherwise, and to hold, transfer and convey all or any such real and personal property as may be necessary for attaining the objects, and carrying into effect

the purposes of such corporation. Constitu- $ 3. T'he constitution, by-laws, rules and regulations originally laws, etc. adopted by said voluntary association shall be the constitution, by-laws,

rules and regulations of the corporation hereby created, which shall have power from time to time to alter, modify and change the same; and the members of the executive committee of said association shall be the first trustees of the corporation hereby created, and continue to be such trustees until others are elected in their places, as prescribed by said constitution and by-laws, and the several officers and committees of said association shall be the officers and committees of the corporation hereby created with the powers and duties prescribed by said constitution, by-laws, rules and regulations, until their successors shall

be similarly duly elected and installed. Property § 4. All property rights and interests of the said association now interests.

held by any or either of the officers thereof, or by any person or persons for its use and benefit, shall by virtue of this act vest in and become the property of the corporation hereby created, subject to the payment of the debts of said association if any; all interest of any member of said association and of the corporation hereby created in such property shall terminate and vest in the corporation upon his ceasing to be a member thereof.

$ 5. This corporation shall possess the powers and be subject to the Doa erabili- liabilities prescribed by the third title of the eighteenth chapter of the

first part of the revised statutes. This corporation shall deposit a Deposit of copy of its charter, constitution and by-laws, and of each of its annual

reports in the state library at Albany, and in each of the libraries pro

vided for the use of the justices of the supreme court in the several Deposit of counties of the state. It shall be the duty of every local bar associadocuments tion to deposit with the New York State Bar Association a copy of its

act or certificate of incorporation or its articles of association, and its constitution and by-laws and its annual report.

8 6. This act shall take effect immediately.

rights and

General ties.

documents.

associations.

CHAP 11.
AN ACT in relation to the names of insurance companies.

PASSED May 2, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. No fire, life, marine or other insurance company hereafter organ. Insurance ized under the laws of this state shall use a corporate name or title which shall compaat the time of such organization be used to designate any fire, life, marine or other insurance company already existing under the laws of this state; and it shall be the duty of the superintendent of the insurance department to reject any name which he shall deem to be so nearly similar to any already in use as to lead to confusion or uncertainty on the part of the public. $ 2. This act shall take effect immediately.

nies.

CHAP 219.

AN ACT for the relief of school districts wishing to contract with
boards of education of cities, to educate their children in city schools.

PASSED May 3, 1877.
The People of the State of New York, represented in Senate and Assembly, do
enact as follows:
SECTION 1. Whenever any school district

adjoining a city by a vote of a majority of the Contract qualified voters of such district shall empower the trustees thereof, the said trustees of trustees shall enter into a written contract with the board of education of such city, whereby all with board the children of such district may be entitled to be taught in the public schools of such of educacity, for a period of not less than twenty-eight weeks in any school year, upon fliug a copy tion. of such contract duly certified by the trustees of such school district and by the secretary of the board of education of said city, in the office of the superintendent of public instruction, such school district shall be deemed to have employed a competent teacher for such period, and shall be entitled to receive one distribution district quota each year during wbich such contract shall be renewed and continued.

12. The board of education of any city so contracting with any school district shall re- Board of port the number of persons of school age in such district, together with those resident in education the city, the same as though they were actual residents of the city, and shall report for the to report. pupils attending the city schools from such district to the

superintendent of public instruction the same as though they were residents of such city. 83. It shall be the

duty of the superintendent of public instruction to give to school Duty of commissioners such directions

as may, in his judgment, be required and proper, in rela- superintion to the reports to be inade by the trustees of such districts to school comm sioners. tendent. $4. This act shall take effect immediately.

Sections 1 and 2 amended by ch. 396, L. 1879, post, p. 785.

CHAP 224.
AN ACT to amend chapter two hundred and thirty-seven of the laws

of eighteen hundred and sixty-nine, entitled “Ăn act to amend an
act entitled an act to authorize the formation of railroad corpora-
tions, and to regulate the same, passed April second, eighteen hun-
dred and fifty," passed April seventeenth, eighteen hundred and
sixty-nine.

PASSED May 3, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Chapter two hundred and thirty-seven of the laws of Amending eighteen hundred and sixty-nine is hereby amended so as to read as ch.987. follows:

Edm. 432. $ 1. Section twenty-one of the act entitled “ An act to authorize Section 21. the formation of railroad corporations, and to regulate the same,”

3 Id. 6:24.

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