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from time to time, the whole or any part or parts of its real estate, the granting of such order to be in the discretion of the court, and such application to be made only when authorized by said association at any annual meeting thereof, by a vote in person or by proxy of not less than two-thirds in amount of all the stockholders voting, and printed or written notice of the intention to vote for such application having been served on every stockholder by the secretary of such association, by depositing the same in the post-office where such association is located, properly folded and directed to him at the post-office nearest his place of residence, as shall appear from the books of the association kept for this purpose, with the postage paid thereon, at least twenty days prior to the time of said meeting.

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AN ACT to amend chapter four hundred and seventy-six of the laws

of eighteen hundred and fifty-nine, entitled " An act to supply vacancies in the ofiice of justices of the peace of the several towns of this State.”

PASSED April 24, 1875; 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 one of chapter four hundred and seventy-six of the laws ch. 476, Laws 1859,

of eighteen hundred and fifty-nine, entitled "An act to supply vacancies in the 3 Edm. 322. oslice of justices of the peace of the several towns of this State," is hereby

amended so as to read as follows: Vacancy § 1. Whenever a vacancy shall occur in the office of justice of the peace of in office of justice of

any town in this State, the supervisor, town clerk, and remaining justices of the peace, how peace, or a majority of such officers, are hereby authorized by warrant under Billed.

their hands and seals to appoint a suitable person to fill said vacancy, and the person so appointed shall hold said office until the next regular annual town meeting in said town, unless the said appointment shall have been made to fill the vacaney of an officer whose term of office would have expired on the thirtyfirst day of December next, succeeding such appointment; in which case the term of office of the person so appointed shall expire on the thirty-first day of December next succeeding such appointment. And any person so appointed may at once qualify and enter upon the discharge of the duties of his office.

§ 2. This act shall take effect immediately.
An oral or verbal appointment is void. It must be in writing and under seal,
People v. Murray, TO N. Y. 5:21.

The appointing board cannot appoint one of their own number. People v. Thomas, 33
Barb. 287.

When a justice of the peace whose term has expired continues to discharge the duties
of the office under the statute (1 R. S. 117, 89), authorizing him to hold over until his
successor has qualified, the office is not vacant. Tappan v. Gray, 9 Paige, 507.

Omission by a justice to take the prescribed oath works a forfeiture of the office. IR. S. 121, $ 31.

But such failure or a failure to give bonds does not create a vacancy in the office. Greenleaf v. Low, 4 Denio, 168 ; Weeks v. Ellis, 2 Barb. 320.

Justices elected to fill a vacancy occurring before the expiration of a full term hold for the residue of the unexpired term. Const., art. VI, $ 18.

Justices of the peace are not within the constitutional provision (art. 6, 8 13), limiting the tenure of judicial office to seventy years of age. Dohring v. People, 2 Thomp. & Cook, 458; People v. Gardner, 45 N. Y. 820.

Section 31 of 1 R. S. 347, as amended by ch.543 of the Laws of 1874 (9 Edm. 968), provides as follows:

*** If any town shall omit or neglect at its annual town meeting to choose its proper town officers or any of them, it shall be lawful for any three justices of the peace of said town,by a warrant under their hands and seals within five days after such town meeting, to appoint such officer or officers, and the person or persons so appointed shall hold their respective offices until others are chosen or appointed in their places, and shall have the same powers and be subject to the same duties and penalties as if they had been duly chosen by the electors; but if the justices of the peace fail to so appoint, it shall be the duty of the town clerk, within thirty days thereafter, to call a special town meeting for the purpose of electing such officer or officers."

ch. 463

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1876,ch.357, post.

CHAP 170.
AN ACT to amend section nine of chapter four hundred and

sixty-three of the laws of eighteen hundred and fifty-three,
entitled “An act to provide for the incorporation of Life
and Health Insurance Companies, and in relation to agencies
of such companies."

PASSED April 24, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section nine of chapter four hundred and sixty-three of Amending the laws of the year eighteen hundred and fifty-three, entitled “ An Laws 1853, act to provide for the incorporation of life and health insurance 4 Edm. 210. companies, and in relation to agencies of such companies," is hereby amended so as to read as follows:

9. No company organized under this act shall be permitted to For what purchase, hold or convey real estate, except for the purposes and in the purposes manner herein set forth, to wit:

companies 1. Such as shall be requisite for its accommodation in the transac- Chase,hold tion of its business; or,

2. Such as shall have been acquired for the accommodation of its Amended business previous to the passage of this act; or

3. Such as shall have been mortgaged to it in good faith, by way of security for loans previously contracted, or for moneys due; or,

4. Such as shall have been conveyed to it in satisfaction of debts previously contracted in the course of its dealings; or,

5. Such as shall have been purchased at sales upon judgments, decrees or mortgages obtained or made for such debts; and it shall not be lawful for any company incorporated as aforesaid to purchase, hold or convey real estate in any other case, or for any other purpose; and all such real estate as may be acquired as aforesaid, and which shall not be necessary for the acconimodation of such company in the convenient transaction of its business, or which shall not have been necessary for such purpose at the time of its acquisition, shall be sold and disposed of within five years after such company shall have acquired title to the same; and it shall not be lawful for such company to hold sach real estate for a longer period than that above mentioned, unless the said company should procure a certificate from the Superintendent of the Insurance Department that the interests of the company will suffer materially by a forced sale of such real estate, in which event the time for the sale may be extended to such time as the said Superintendent shall direct in said certificate.

$ 2. This act shall apply to all life insurance companies organized ander any laws of this State. $ 3. This act shall take effect immediately.

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be sent.

CHAP 178.
AN ACT to provide for the better care of pauper and desti

tute children.

PASSED April 24, 1875; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : When SECTION 1. On and after January first, eighteen hundred and children tbildoebe seventy-six, it shall not be lawful for any justice of the peace, police committed justice or other magistrate, to commit any child, over three and under

sixteen years of age, as vagrant, truant or disorderly, to any county poorhouse of this State, or for any county superintendent, or overseer of the poor, or other officer, to send any such child as a pauper to any such poorhouse for support and care, unless such child be an unteachable idiot, an epileptic, or paralytic, or be otherwise defective, diseased or deformed,

so as to render it unfit for family care, but such justice of the peace, Where to police justice or other magistrate, and also such county superintendent

or overseer of the poor or other officer, shall commit or send such child or children not above exempted to some orphan asylum or other

charitable or reformatory institution, as now provided for by law. Children § 2. It shall be the duty of the county superintendents of the poor,

or other proper officers charged with the support and relief of indigent persons of the several counties of this State, in which there are county

poor-houses, to cause the removal of all children between the age of Amended three and sixteen years (not exempted by the first section of this act)

,

from their respective poor-houses, on or before the first day of January, eighteen hundred and seventy-six, and also to cause the removal of those who may hereafter come under the care and control, or hereafter be born in such poor-houses, before they shall have arrived at the age of three years, and provide for their support and care in families,

orphan asylums or other appropriate institutions as now provided for Boards of by law; and the boards of supervisors of the several counties, are Supervise hereby required to take such action in the matter, as may be necessary that act is to carry out the provisions of this act. In placing any such child in

any such institution it shall be the duty of the officer, justice or person placing it there to commit such child to an orphan asylum, charitable or other reformatory institution that is governed or controlled by officers or persons of the same religious faith as the parents of such child, as far as practicable.

to be removed from poorhouses.

post.

to

out.

CHAP 174.
AN ACT to authorize municipal corporations holding the

first mortgage bonds of the Rochester and State Line Rail-
way Company to exchange the same for the second mortgage
bonds of said company.

PASSED April 24, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The common council of the city of Rochester are hereby exchange authorized and empowered to exchange with the Rochester and State

Rochester may

gage

Line Railway Company the first mortgage bonds of said company first mort which were issued to said city pursuant to the provisions of chapter for second one hundred and eighty-five of the laws of eighteen hundred and mortgage seventy-two, entitled “ An act to authorize the city of Rochester to issue its bonds in aid of the Rochester and State Line Railway Company, and to take bonds of that company therefor,” passed April sixth, eighteen hundred and seventy-two, for an equal amount of the second mortgage bonds of said company, provided that the first and second mortgage bonds issued, or to be issued, shall not exceed the sum of twenty-five thousand dollars for each mile in length of the said railway as located from Rochester to Salamanca, whenever a guaranty is given by the directors of the Rochester and State Line Railroad Company, to be approved by the mayor of the city of Rochester, that said railroad shall be ready for operation by January first, eighteen hundred and seventy-seven.

$ 2. The commissioners, or a majority of them, representing any other municipal corporation within this State, holding the bonds of the municipa Rochester and State Line Railway Company, in exchange for the bonds tions. of such municipal corporation, pursuant to the provisions of chapter nine hundred and seven of the laws of eighteen hundred and sixtynine, entitled “An act to amend an act entitled “An act to authorize the formation of railroad corporations and to regulate the same,' passed April second, eighteen hundred and fifty, so as to permit municipal corporations to aid in the construction of railroads,” passed May eighteen, eighteen hundred and sixty-nine, and the several acts amendatory thereof, or supplementary thereto, are hereby authorized and empowered to exchange with said railway company its bonds so held by said commissioners for the second mortgage bonds of said company to an equal amount, whenever a guaranty is given by the directors of the Rochester and State Line Railroad Company, to be approved by said commissioners, or a majority of them, that said railroad shall be ready for operation by January first, eighteen hundred and seventyseven.

83. This act shall take effect immediately.

corpora

CHAP 175.

Amount

AN ACT to regulate the sale of baled hay and straw in the
State of New York.

PASSED April 26, 1875.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows :

SECTION 1. It shall not be lawful for any person in the State of New York to sell, or offer for sale, baled hay or straw, with more than twenty of wood pounds of wood to the bale, the weight of which is two hundred pounds or upward, or more than ten pounds of wood for bales weighing less than two hundred pounds.

$ 2. The gross weigḥt shall be plainly marked on each bale of hay or Weight to straw, and no person shall sell, or offer for sale, such hay or straw so be marked marked which shall weigh less than such gross weight after deducting

on five pounds from each bale for shrinkage.

Panalty.

§ 3. Any person or persons, violating the provisions of the preceding sections, or either of them, shall be deemed guilty of a misdemeanor or criminal offense, which shall be prosecuted according to the ordinary course of procedure in criminal accusations before any justice of the peace of the town, or before any magistrate of the city in which such person or persons shall make the sale or deliver the same; and upon conviction thereof shall be punished by a fine, not exceeding three dollars, for each and every bale so sold, and the costs of the proceedings, and stand committed until said fine is paid.

§ 4. This act shall take effect immediately.
See L. 1860, ch. 155; ante, vol. 3, p. 671.

and schools.

CHIAP. 176. AN ACT relative to the incorporation of musical colleges, schools and academies.

PASSED April 27, 1875. Tlce People of the State of New York, represented in Senate and

Assembly, do enact as follows: Incorpora

SECTION 1. Any citizens not less than ten in number, of whom & tion of musical

majority shall be inhabitants of this State, who may desire to found colleges and endow a musical college, school or academy within this State for

the education of persons in the lower and higher branches of music may make, sign and acknowledge before some officer authorized to take the acknowledgment of deeds, a certificate in writing in which shall be stated the corporate name of the proposed institution, the names of the persons proposed for the first trustees, not less than seven, the object of said corporation, and the name of the city or town in which it is proposed to locate the same, and shall file such certificate in the office of the county clerk of the county in which such corporation is located, and in the office of the Secretary of State. Such corporation may hold and possess real and personal property to the amount of two millions of dollars.

§ 2. Every institution incorporated under this act shall have all the and privi.

powers and privileges and be subject to the provisions, liabilities and restrictions of the third title of the eighteenth chapter of the first part of the Revised Statutes, so far as the same are applicable. The trustees of every college or academy incorporated pursuant to this act shall have power to grant and confer diplomas and the degree of

doctor of music. May take § 3. Any corporation formed under this act shall be capable of and bold ta king, holding or receiving any property, real or personal, by virtue property.

of any devise or bequest contained in any last will or testament of any person whomsoever, the clear annual income of which devise or bequest at the time the same is made shall not exceed the sum of two hundred thousand dollars, subject to all the provisions of law relating to devises and bequests by last will and testament.

8 4. This act shall take effect immediately.

Powers

leges of corporation.

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