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CHAP.244.

AN ACT to amend chapter two hundred and ninety-one of Villages.

the laws of eighteen hundred and seventy, entitled " An act for the incorporation of villages.”

Passed May 9, 1877; 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 title three of chapter two hundred and Amending ninety-one of the laws of eighteen hundred and seventy, entitled “ An Laws. 1870, act for the incorporation of villages," is hereby amended so as to read 7 Edm 690. as follows:

$ 5. The trustees are authorized and empowered to organize a fire Fire dedepartment and provide for the government and discipline of the same, partment. to consist of one or more engine companies, one or more hook and ladder companies, one or more hose companies and one or more protective companies; to appoint a sufficient number of suitable persons as members, not exceeding sixty to each engine company, not exceeding forty to each hook and ladder company, and not exceeding twenty to each hose and protective company, with the consent of the persons appointed. A foreman and assistant foreman for each company shall be chosen by the members of each company, in the man, ner to be directed by the trustees, and subject to their approval and ratification. 8 2. This act shall take effect immediately.

Amended by ch. 144, L. 1880, post, p. 930.

CHAP. 245.

AN ACT authorizing the state treasurer and other state offi

cers to publish in the state paper, monthly statements of bank balances, and for other purposes.

PASSED May 9, 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 state treasurer is hereby authorized and directed to Monthly cause to be published in the state paper, on or before the tenth day of statement each month, a detailed statement of the balances in the several banks in State designated by the canal board, commissioners of the canal fund, or ries:

depositoother state officers, as depositories of state funds. Such statements shall give the name of each bank, and the amount subject to draft at the close of the month preceding such publication.

8 2. It shall be the duty of the comptroller, secretary of state, superintendents of the insurance and banking departments, and the clerk of the court of appeals, to cause to be published in said state paper similar statements, at the time and in the manner aforesaid, giving the name of the bank, and the amount on deposit at the close of the month preceding such publication, and it shall be the further duty of the state officers named in this section, to certify to the state

treasurer on or before the tenth day of the months of January, April, July and October, in each and every year, the amount on deposit, at the close of the quarter preceding such certificate, in each and all of the banks designated by them respectively, and the amounts so certified shall be transferred to the general depository of state funds in the city of Albany, by check signed by the state treasurer, and countersigned by the officer making the deposit.

$ 3. This act shall take effect immediately.

CHAP. 25%.

AN ACT to amend chapter one hundred and seven of the laws

of eighteen hundred and seventy-seven, entitled "An act in relation to the superintendent of state prisons, and for the more efficient and economical management of said prisons."

PASSED May 10, 1877 ; 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 eight of chapter one hundred and seven of the Lawso1977, laws of eighteen hundred and seventy-seven, entitled “ An act in relaante, p. 383. tion to the superintendent of state prisons, and for the more efficient

and economical management of said prisons," is hereby amended so as

to read as follows: Prison § 8. Contracts for the purchase of materials and supplies for the contracts.

prisons, and for convict labor at any kind of work or trade which shall be approved by the superintendent, and for the sale of property manufactured at the prisons may be entered into by the agent and warden, subject to the approval of the superintendent.

8 2. This act shall take effect immediately.

CHAP 256.

AN ACT to amend chapter three hundred and seventy-one of

the law of eighteen hundred and seventy-five, entitled “ An act to conform the charters of all savings banks, or institutions for savings, to a uniformity of powers, rights and liabilities, and to provide for the organization of savings banks, for their supervision and for the administration of their affairs."

PASSED May 10, 1877. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending SECTION 1. Section thirty-three of chapter three hundred and serLaws 1875, ch. 371, enty-one of the laws of eighteen hundred and seventy-five, entitled ante, p.121. « An act to conform the charters of all savings banks or institutions

for savings to a uniformity of powers, rights and liabilities, and to provide for the organization of savings banks for their supervision and

for the administration of their affairs," is hereby amended so as to read as follows:

$ 33. It shall be the duty of the trustees of every such corporation Interest or to regulate the rate of interest or dividends not to exceed five per on deposs centum per annum, upon the deposits therewith, in such manner that its. depositors shall receive, as nearly as may be, all the profits of such corporation after deducting necessary expenses and reserving such amount as the trustees may deem expedient as a surplus fund for the Surplus security of depositors, which to the amount of fifteen per cent of their fund. deposits, the trustees of any such corporation are hereby authorized gradually to accumulate and hold, to meet any contingency or loss in its business from the depreciation of its securities or otherwise ; pro- Classificarided, however, that the trustees of any such corporation may classify depositors their depositors according to the character, amount and duration of as to divitheir dealings with the corporation, and regulate the interest or dividends allowed in such manner that each depositor shall receive the same ratable proportion of interest or dividends as all others of his class. It shall be unlawful for the trustees of any savings bank to Interest declare or allow interest on any deposit for a longer period than the not to be same has been deposited except that deposits made not later than for a the tenth day of the month, commencing any semi-annual interest perioa period, or than the third day of any month, or withdrawn on one of than the the last three days of the month may have interest declared upon deposit. them for the whole of the period or month when so deposited or withdrawn. No dividends or interest shall be declared credited or paid No divi- 1 except by the authority of a vote of the board of trustees, duly entered interest to upon their minutes, whereon shall be recorded the ayes and nays upon be de each vote, and whenever any interest or dividends shall be declared and except by credited in excess of the interest or profits earned and appearing to the credit of the corporation, the trustees voting for such dividend shall be jointly and severally liable to the corporation for the amount of such excess so declared and credited. And it shall be the duty of Trustees the trustees of any such corporation whose surplus amounts to fifteen dividends per cent of its deposits, at least once in three years, to divide equitably in excess

. the accumulation beyond such authorized surplus as an extra dividend to depositors, in excess of the regular dividends hereinbefore authorized. dividends. A notice posted conspiciously * in the bank of a change in the rate of interest shall be equivalent to a personal notice.

§ 2. Section thirty-four of said act is hereby amended so as to read as follows:

$ 34. In determining the per cent of surplus held by any savings Determinbank, its interest paying stocks and bonds shall not be estimated above per cent their par value or above their market value if below par; its bonds of surplus and mortgages on which there are no arrears of interest for a longer period than six months, shall be estimated at their face, and its real estate at not above cost. Concerning such stocks or bonds, or bonds Valuation and mortgages as are in arrears of interest for six months or more and of stocks concerning all other investments not herein enumerated, the superintendent of the banking department shall determine the valuation of the same from the best information he can obtain, and he may change valuation thereof from time to time according as he may obtain other and further information.

8 3. Section thirty-six of said act is hereby amended so as to read as follows:

trustees.

Extra

in arrears

So in the original.

Semiannual report.

Commit

make

§ 36. Every such corporation shall, semi-annually on or before the first day of February and August in each year, make a report in writing to the superintendent of the banking department, and in such form as he shall prescribe, of its conditions on the morning of the

first days of January and July preceding. ante,p. 154. $ 4. Section forty-five of said act is hereby amended so as to read

as follows:

$ 45. It shall be the duty of the trustees of every savings bank, by trustees to a committee of not less than three of such trustees, on or before the

first day of January and July in each year, to thoroughly examine the tion annu- books, vouchers and assets of such savings bank and its affairs genally.

erally, and the statement or schedule of assets and liabilities reported Statement to the superintendent of the banking department for the first of Janutendent to ary and July in each year, shall be based upon such examination, and be based

shall be verified by the oath of a majority of the trustees making such examina- examination, but nothing herein contained shall be construed as protion.

hibiting the trustees of any savings bank from requiring such exami

nations at such other times * they shall prescribe. Semi- It shall be the duty of the trustees of any such corporation, as

often as once in each six months during each year, to cause to be of deposit- taken an accurate balance of their depositors' ledgers, and in their semior's ledger.

annual report to the superintendent of the banking department, they shall state the fact that such balance has been taken, and shall state the discrepancies, if any, existing between the amount due to depositors as shown by such balances, and the amount due to depositors as shown by the general ledger.

§ 5. This act shall take effect on the first day of July, eighteen hundred ar:d seventy-seven.

on such

annual balance

CHAP. 261.
AN ACT to punish trespassing on railroads.

PASSED May 10, 1877.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Any person who shall willfully place any obstruction upon any railroad, or loosen, tear up or remove any part of a railroad, or displace, tamper or in any way interfere with any switches, frogs, rail, track, or other part of any railroad so as to endanger the safety of any train, or who shall willfully throw any stone or other missile at any train on any railroad, shall, upon conviction thereof, be punished by imprisonment in a state prison not exceeding ten years, or by a fine not exceeding one thousand dollars, or by both such fine and imprison. ment. 82. This act shall take effect immediately.

People v. Ling, 16 Hun, 549.

CHAP 265.

Laws 1874,

AN ACT to amend chapter two hundred and eighty-eight of

the laws of eighteen hundred and seventy-four, entitled “An act to incorporate societies for the improvement of poultry, small birds, domestic animals, and fish culture.

PASSED May 10, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section one of chapter two hundred and eighty-eight of Amending the laws of eighteen hundred and seventy-four, entitled “ An act to

chap. 288. incorporate the * societies for the improvement of poultry, small birds 9 Edm. 893. and domestic animals, and fish culture,” is hereby amended so as to read as follows:

§ 1. Any number of persons not less than thirteen may associate and Companies form an incorporation or company for the purpose of importing, rais- provement ing and improving and breeding poultry, small birds, domestic and pet of poultry, animals, and fish culture, and collecting and disseminating useful knowledge concerning them, by holding fairs, disbursing awards and premiums, and by publishing debates and transactions, and by such other lawful means as the members of the company may deam expedient, upon filing in the office of the secretary of state, and also in the office of the clerk of the county in which the business of said company is to be conducted, a declaration signed by all the incorporators, and acknowledged before any officer authorized to take the acknowledgment of deeds in this state, expressing their intention to form such company, together with a copy of the charter proposed to be adopted by them, and shall thereafter be a body corporate and politic by the name designated in said charter.

CHAP 271.

AN ACT to legalize and confirm the drawing of the names

of persons to serve as jurors.

PASSED May 12, 1877 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any drawing heretofore or hereafter made of the names of persons to serve as jurors at any circuit court, court of oyer and terminer, superior court, court of common pleas, county court or court of sessions pursuant to notice heretofore given and as required by the law as it was on the thirtieth day of April, eighteen hundred and seventy-seven, is hereby legalized and confirmed; and the jurors so

• So in the original.

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