all returns of inspectors of election for the incorporation of villages held under this act in the records for the recording of deeds, or in a book to be specially provided for that purpose. For the recording of such certificates the county clerk shall be paid the fees legally char geable for the recording of deeds. prevention of horse stealing. CHAP. 61. Society for AN ACT to amend chapter four hundred and thirty-eight of the laws of eighteen hundred and sixty-two, entitled" An act to provide for the formation of societies for the prevention of horse stealing." Amending Laws 1862, ch. 438. 3 Edm. 847. Societies, ized. PASSED March 18, 1878; 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 four hundred and thirty-eight of the laws of eighteen hundred and sixty two, entitled "An act to provide for the formation of societies for the prevention of horse stealing,” is hereby amended so as to read as follows: § 1. Any ten or more persons of full age, citizens of this state and how organ of the United States, who shall desire to associate themselves into a society for the prevention of stealing of horses, wagons, sleighs, harness, robes, by the employment of pat olmen, riders and messengers, and the use of all other lawful means to prevent the same, may make, sign and acknowledge before any officer authorized to take the acknowledgment of deeds in this state, and file the same in the office of the secretary of state, and a duplicate thereof in the office of the clerk of the county in which the business of said society is to be conducted, a certificate in writing, in which shall be stated the name or title by which such society shall be known in law, the particular business and objects of such society, the number of trustees, directors or managers to manage the same, and the names of the trustees, directors or managers of such society for the first year of its existence; but such certificate shall not be filed unless by the written consent and approbation of one of the justices of the supreme court of the district in which the place of business of such company or association shall be located be indorsed on such certificate. § 2. This act shall take effect immediately. See, also, Laws 1878, ch. 210, post, p. 565. CHAP. 72. Asylum AN ACT to amend chapter two hundred and twenty of the State laws of eighteen hundred and sixty-two, entitled "An act for Idiots. to reorganize the state asylum for idiots, and to provide for the government and management thereof. PASSED March 25, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Laws 1862, ch. 220. SECTION 1. Section eighteen of chapter two hundred and twenty Amending of the laws of eighteen hundred and sixty-two, entitled "An act to reorganize the state asylum for idiots, and to provide for the govern- Edm. 37. ment and management thereof," is hereby amended so as to read as follows: pupils. § 18. There shall be received and supported gratuitously in the Charity asylum one hundred and twenty pupils, to be selected in equal pupils. numbers, as near as may be, from each judicial district, from those whose parents or guardians are unable to provide for their support therein, to be designated as state pupils; and such additional number of idiots as can be conveniently accommodated may be received into the asylum by the trustees, on such terms as may be just. But no Manner of idiot shall be received into the asylum without there shall have been receiving first lodged with the superintendent thereof a request to that effect, under the hand of the person by whose direction he is sent, stating the age and place of nativity, if known, of the idiot, his christian and surname, the town or city and county in which they severally reside; the ability or otherwise of the idiot, his parents or guardians, to provide for his support in whole or in part, and if in part only, then what part; and the degree of relationship, or other circumstance of connection between him and the person requesting his admission; which statement shall be verified in writing, by the oath of two disinterested persons, residents of the same county with the idiot, acquainted with the facts and circumstances so stated, and certified to be credible by the county judge of the same county. And no idiot shall be received into said asylum unless the county judge of the county liable for his support shall certify that such idiot is an eligible and proper candidate for admission to said asylum as aforesaid, provided, however, that idiots may be received into said asylum upon the application therefor signed officially by any county superintendent of the poor or by the commissioners of charity of any of the cities of this state, where such commissioners exist. § 2. This act shall take effect immediately. indebted CHAP. 75. Muncipal AN ACT in relation to the bonded indebtedness of villages, cities, towns and counties. ness. Bonds may be paid. post, p. 623. and 1880, PASSED March 25, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The present bonded indebtedness of any village, city, Amended town or county, may be paid up or retired by the issuance of bonds of 1878, ch.317, the same amount by the constituted and statutory authorities having charge and power by law over the interests of the bond payers, provided, however, and only when such existing bonds can be retired or paid by the substitution of or money realized by such issuance of new bonds in the place and stead of existing bonds bearing a lower rate of interest than the bonds so authorized to be retired or paid. ch. 12, post, p. Novation of bonds. § 2. In case any holders of any such existing bonds shall be willing Amended to surrender bonds of any village, city, town or county, and accept in by ch.317, their place and stead other bonds at a lower rate of interest, exchangpost, p. ing said existing bonds for such new bonds at the par value of each, New bonds. Amended post, p. 623. then the constituted and statutory authorities of any such village, city, town or county, prescribed in the first section of this act, may, in their discretion, make such exchange by the retiring of such existing bonds and the substitution and issuance therefor of such new bonds, and may extend the date of the payment of such substituted bond for a period not exceeding twenty years beyond the time when the principal of such existing bond so surrendered would have become payable. § 3. Whenever any bonds of any village, city, town or county shall become due and payable, or in anticipation thereof, the constituted by ch. 31%, and statutory authorities having the power by law over the interests of the bond payers may, in their discretion, cause to be issued in proper form new bonds having not more than thirty years to run, provided, however, such new bonds shall be sold at public auction after due notice, as now required by law in the case of the sale of mortgaged real estate under a decree of foreclosure in the supreme court, and the terms of such sale of said bonds, shall be that to the person bidding the highest sum, not less than par, and offering to accept the lowest rate of interest for the whole or any part of said bonds, the said bonds in whole or part shall be issued, and further provided, that in no case shall new bonds be sold except at a lower rate of interest than that borne by the bonds then due and payable; such new bonds shall bear date and draw interest from the date of the payment of the bonds then Sale of. Date of bonds. Application of moneys. Payments. due. § 4. The moneys arising from the sale of new bonds as provided in the foregoing section, shall be applied to the payment and satisfaction of the bonds then becoming due and payable. § 5. The principal of all bonds authorized to be issued pursuant to the provisions of this act may be made payable in installments yearly, or in periods of years not extending beyond the limit herein made, as shall be determined by the authorities hereby empowered to issue. them, but nothing in this act contained shall be so construed as to edness not permit any village, city, town or county in this state to increase its present bonded indebtedness. Increase of indebt author ized. tions. § 6. The city and county of New York, the city of Brooklyn and Exemp the county of Niagara shall be exempt from the provisions of this act. § 7. This act shall take effect immediately. Sec. 6 amended by chap. 204, L. 1880, post, p.948. CHAP. 77. ors. AN ACT to amend subdivision four of section one of chap- Board of ter two hundred and fifty-seven of the laws of eighteen supervishundred and seventy-six, entitled An act to confer on boards of supervisors further powers of local legislation and administration and to regulate the compensation of supervisors.* ch. 257, PASSED March 25, 1878'; three-fifths being present. SECTION 1. Subdivison four of section one of chapter two hun- Amending dred and fifty-seven of the laws of eighteen hundred seventy-six, enti- Laws 1876, tled An act to confer on boards of supervisors further powers of ante, p.294. local legislation and administration, and to regulate the compensation of supervisors,*" is hereby amended so as to read as follows: tion ex between Where counties. 4. To apportion as such board may deem equitable the expense of To apporthe construction of any public bridge (except on the Hudson river penses of below Waterford, and on the East river, or over the waters forming the bridges boundaries of the State) over a stream or other water forming the towns and boundary line of counties between the towns at such point. the board of supervisors shall deem that the construction of such tridge is a general benefit to the county, they shall determine what aroportion of the expense thereof shall be borne by the respective counties or by the respective towns of such counties, and to authorize any town on the vote of the majority of the electors voting at any annual town meeting or regular called special town meeting, to appropriate such a sum to be raised as other bridge moneys are raised, to aid in the construction and maintenance of any bridge outside the boundaries. of the town or county, but forming a continuation of highways leading from such town or county, and deemed necessary for the pubic convenience. § 2. This act shall take effect immediately. *So in the original. CHAP. 85. tive and industrial unions. Co-opera- AN ACT to amend chapter nine hundred and seventy-one of the laws of eighteen hundred and sixty-seven, entitled "An act for the incorporation of co-operative and industrial unions," and to amend the title of said act. Amending ch. 971. PASSED March 29, 1878. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two of chapter nine hundred and seventy-one of the laws of eighteen hundred and sixty-seven, entitled "An act 7 Edm. 242. for the incorporation of co-operative and industrial unions," is hereby amended so as to read as follows: Charter, what to contain. Capital. § 2. The charter so filed shall set forth the name of the company, the town and county, the mode and manner in which the corporate powers granted by this act, are to be exercised, the duration of the charter which shall not exceed twenty-five years, the number of trustees or directors, and the mode and manner of electing them for the first year, and of filling vacancies, the period for the commencement and termination of its fiscal year, and the amount of capital to be employed in the transaction of its business; but no company shall be organized under this act with a capital of less than one thousand dollars, nor shall the declaration or charter of any company proposed to be formed be filed as required by the first section of this act except upon due and sufficient proof to be made to the secretary of state, upon the oath of at least two of the corporators, that the whole amount of said capital has been subscribed in good faith and at least ten per cent thereof actually paid in, in cash. President § 2. Section five of said act is hereby amended so as to read as and direc- follows: tors. Election. Name. By laws. § 5. The business of the companies incorporated under this act shall be managed and conducted by a president, a board of not less than three directors and a treasurer, who shall be chosen annually by the stockholders, and shall hold their offices until others are chosen and qualified in their stead, and by such other officers as they may prescribe by their by-laws. At elections of officers, and at all other meetings each stockholder shall have one vore and no more. Companies organized under this act shall have the word "co-operative," as a part of their corporate or business name wherever used, either in advertising or transacting their business. § 3. Section six of said act is hereby amended so as to read as follows: § 6. The corporators or trustees or directors, as the case may be, of any company organized under this act, shall have power to make such by-laws, not inconsistent with the laws of this state, as may be deemed necessary for the government of its officers and the conducting of its affairs, and the same to alter and amend at pleasure; and they may also, by such by-laws, provide as to the manner of paying in the capital stock, and the manner of issuing certificates thereof, as to the manner of conducting the elections in said company, as to the control of its affairs that each officer shall have, as to the number of shares each stockholder may hold, as to the manner of compelling the transfer or exchange of stock any one stockholder may acquire, in excess of such number of shares, as to the manner of distributing |
