CHAP. 405. AN ACT to amend sections two and ten of chapter two hundred and Public inforty-eight of the laws of eighteen hundred and seventy-eight, entitled structions. "An act in relation to the election of officers in certain school districts." PASSED May 29, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two of chapter two hundred and forty-eight of the laws Amending of eighteen hundred and seventy-eight, entitled "An act in relation to the ch. 248. election of officers in certain school districts," is hereby amended so as to read as follows: Laws 1878. in school § 2. Such election shall be held on the Wednesday next following the second Election of Tuesday in October in each year, between the hours of twelve o'clock mid-day officers and four o'clock in the afternoon at the principal school-house in the district, districts. or at such other suitable place as the trustees may designate. When the place of holding such election is other than at the principal school-house, the trustees shall give notice thereof by the publication of such notice, at least one week before the time of holding such election, in some newspaper published in the district, or by posting the same in three conspicuous places in the district. The trustees may, by resolution, extend the time of holding the election from four o'clock until sunset. § 2. Section ten of said act is hereby amended so as to read as follows: $10. This act shall not apply to cities, nor to union free school districts When act whose boundaries correspond with those of an incorporated village, nor to any not to apply. school district organized under a special act of the legislature, in which the time, manner, and form of the election of district officers shall be different from that prescribed for the election of officers in common school districts organized under the general law, nor to any of the school districts in the counties of Richmond, Suffolk, Chenango, Westchester, Fulton and Queens, nor to union free school district number one of the towns of Potsdam and Norfolk, St. Lawrence county, nor to union school district number two in the town of Waterloo in the county of Seneca. Section second of the above act is given as amended by ch. 527, L. 1880, by omitting the word "and" before "Westchester," and by adding all following the word "Westchester." § 3. This act shall take effect immediately. Ante, p. 572. CHAP. 406. gates' AN ACT in relation to proceedings in the surrogates' courts Surroof the several counties of the State, except the county of courts. New York. PASSED May 29, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: letters tes SECTION 1. Upon application of any executor, administrator or col- Revocalector, to whom letters shall have been granted by the surrogate of any tion of of the counties of the State, except the county of New York, or the tamenttestamentary trustee or guardian named in any will proved in his ary, etc. court, and on such notice to the persons interested in the estate as he eteries. shall direct, the surrogate may, by his order, revoke such letters and discharge such executor, administrator, collector, testamentary trustee or guardian from his trust, upon such terms and conditions as in his judgment may be proper for the security of the estate, and thereupon. issue letters of administration, letters of administration with the will annexed, or letters of collection, or appoint a successor to such trustee or guardian; but such surrogate shall require such executor or testamentary trustee, so to be appointed, to give security for the faithful performance of such trust. § 2. This act shall take effect immediately. See Code Civ. Proc., §§ 2689, 2670; 3 Redf. Sur. Reports, 20. CHAP. 411. Rural com- AN ACT to further amend chapter four hundred and two of the laws of eighteen hundred and sixty-eight, entitled "An act to authorize the trustees of incorporated rural cemeteries to impose a tax upon the lot-owners in said cemeteries." Amending ch. 402, PASSED May 29, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two of chapter four hundred and two of the laws of eighteen hundred and sixty-eight, entitled "An act to authorLaws 1868. ize the trustees of incorporated rural cemeteries to impose a tax upon the lot-owners in said cemeteries," is hereby further amended so as to read as follows: Tax on lot-own ers. Library companies. trustees. § 2. Such tax shall not be levied except upon the written consent of two-thirds of the lot-owners in the cemeteries to which the proposed tax is to be applied, or upon the vote of a majority of all the lot-owners in favor of a tax for the purposes herein specified, at an annual, or at a special meeting called by the trustees for the purpose of taking such vote, upon the same notice required by law for annual meetings; except that at an annual meeting, upon the vote of a majority of lotowners, present and voting, the trustees are authorized to levy a tax upon each of the lot-owners, not exceeding one dollar for each lot owned by the several lot-owners in such cemetery. The proceeds of such tax to be applied to the purposes herein specified, and to no other purpose whatever. Ante, p. 448, vol. 7, p. 309. CHAP. 413. AN ACT supplemental to chapter three hundred and ninetyfive of the laws of eighteen hundred and fifty-three, entitled "An act for the incorporation of library companies." PASSED May 29, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Increasing SECTION 1. Any library company now formed or hereafter to be number of formed, under chapter three hundred and ninety-five of the laws of eighteen hundred and fifty-three, entitled "An act for the incorporation of library companies," may determine at any annual meeting of the stockholders, or at a special meeting of the same duly called by a majority of the stock, to increase the number of trustees to manage the affairs of the corporation, in all not exceeding the number of eighteen. crease. § 2. The chairman and secretary of the meeting shall, within three Certificate days after any increase of the number of trustees shall be determined of inupon, make a written certificate and sign their names thereto, and acknowledge the same before an officer authorized to take the proof and acknowledgment of conveyance in the county where such library is to be located, which certificate shall state the time and place of such meeting, the names of those who attended the same and concurred in the proceedings, and the names of the additional trustees then chosen; and it shall be the duty of the said chairman and secretary to cause such certificate to be recorded in the clerk's office of said county, in a book appropriated to the recording of certificates of incorporation, and such original certificate acknowledged as aforesaid, or the record thereof, or an exemplified or certified copy of such record, shall be evidence of any matter above authorized to be inserted therein and which it shall contain. 3. This act shall take effect immediately. Ante, vol. 3, p. 839. CHAP. 414. cedure. AN ACT to amend chapter four hundred and forty-eight of Code of the laws of eighteen hundred and seventy-six, entitled "An Civil Proact relating to Courts, Officers of Justice and Civil Proceedings." PASSED May 29, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 448, SECTION 1. Section three hundred and eleven of chapter four hun- Amending dred and forty-eight of the laws of eighteen hundred and seventy-six, Laws 1876. entitled "An act relating to courts, officers of justice and civil proceedings," is hereby amended so as to read as follows: tend § 311. The sheriff of the county of Kings, his under sheriff, or a Sheriffs, deputy sheriff designated by him, must attend each term or sitting of etc., to atthe court. If a deputy sheriff is designated to attend he shall be enti- terms. tled to the same compensation as is allowed by law to messengers and attendants upon said court and shall be paid in the same manner. The judge or judges holding the term may require more than one deputy sheriff to attend should it be deemed necessary. § 2. This act shall take effect immediately. CHAP. 415. Railroads. AN ACT for the safety and better protection of life on the several railroads of this State. Not to stop on PASSED May 29, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. From and after the passage of this act, it shall not be lawful for any railroad company organized and operated under any law crossing in of this State, and operating its road wholly or partly in the county of highway Kings county. Penalty. Kings, to stop its cars, horses or locomotives upon any railroad crossing of any other company intersecting or crossing the same on the surface, for the purpose of receiving or delivering passengers or freight, or any other purpose whatever. § 2. Any person or corporation, violating the provisions of this act, shall, on conviction, be punished by a fine of not less than fifty dollars or more than five hundred dollars, to be sued for and collected in the name of the people of the State of New York, by the attorney-general, and the moneys when collected to be paid into the general fund of the State. §3. This act shall take effect immediately. CHAP. 417. AN ACT to amend chapter two hundred and twelve of the laws of eighteen hundred and seventy-eight, entitled "An act to establish the right of citizens of this State to carry on their business in all parts thereof." PASSED May 29, 1879; 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 twelve of the laws of eighteen Amending ch. 212, hundred and seventy-eight, entitled "An act to establish the right of Laws 1878. citizens of this State to carry on their business in all parts thereof," is hereby amended so as to read as follows: Discrimination against residents of other parts of State. § 1. It shall not be lawful for the authorities of any county, city or village, to impose upon the inhabitants of any other county, city or village within this State, carrying on, or desiring to carry on, any lawful trade, business or calling within the limits thereof, any restriction or condition whatever, except such as may be necessary for the proper regulation of such trade, business or calling, and such as apply equally and impartially to the citizens of all parts of the State alike, and all ordinances in violation of the provisions of this act are hereby declared to be null and void. But the provisions of this act shall not apply to the ordinances or regulations of any county, city or village in this State, in references to traveling circuses, shows and exhibitions. § 2. This act shall take effect immediately. Ante, p. 565. The amendment consists of adding the last sentence of sec. 1. CHAP. 418. mort AN ACT to amend chapter five hundred and one of the laws Chattel of eighteen hundred and seventy-three, entitled "An act to gages. amend an act entitled 'An act requiring mortgages of personal property to be filed in the town clerk's and other offices, passed April twenty-nine, eighteen hundred and thirty-three. PASSED May 29, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 501, SECTION 1. Section three of chapter five hundred and one of the Amending laws of eighteen hundred and seventy-three, entitled "An act to Laws 1873. amend an act entitled 'An act requiring mortgages of personal property to be filed in the town clerk's and other offices, passed April twenty-nine, eighteen hundred and thirty-three," is hereby amended so as to read as follows: §3. Every mortgage, filed in pursuance of this act, shall cease to be when valid as against the creditors of the person making the same, or against mortgage subsequent purchasers or mortgagees in good faith, after the expira- be valid. tion of one year from the filing thereof, unless, within thirty days next Renewal. preceding the expiration of each and every term of one year after the filing of such mortgage, a true copy of such mortgage, together with a statement exhibiting the interest of the mortgagee in the property thereby claimed by him by virtue thereof, shall be again filed in the office of the clerk or register aforesaid of the town or city where the mortgagor shall then reside, if the mortgagor shall then be a resident of this State; and if not such resident, then in the office of the clerk or register of the town or city where the property so mortgaged was at the time of the execution of such mortgage. § 2. This act shall take effect immediately. Ante, vol. 4, p. 435; vol. 9, p. 629. See Hathaway v. Howell, 54 N. Y. 97; Benjamin v. Elmira, etc., id. 675; Marsden v. Cornell, 5 T. & C. 27; s. c., 2 Hun, 449; Stockham v. Allard, 4 T. & C. 279; s. C., 2 Hun. 67; Patterson v. Gillies, 64 Barb. 563; Porter v. Parmley, 52 N. Y. 185; Stevens v. Hayt, 66 id. 606; Fraser v. Gilbert, 11 Hun, 634. CHAP. 422. AN ACT to amend chapter three hundred and seventy-one of the laws 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 30, 1879, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Savings banks. Amending ch. 371, SECTION 1. Section forty-four of chapter three hundred and seventy- Laws 1875. one of the laws of eighteen hundred and seventy-five, entitled "An act to conform the charters of all savings banks or institutions for |
