a i ee i awh OVE. ge or easy of Pringgy Nati: reas a) No cs 9 1899 = DEC 1 % _ KFN 5705 .A334 c82 1899 Membership and religious corporations of New York No, eRe wees ewe ne ae eee S- y ia if. ’ tes MEMBERSHIP AND RELIGIOUS CORPORATIONS OF INGE Wiean.OR kK” CONTAINING THE NEW MEMBERSHIP AND CHURCH CORPORATION LAWS, AS REVISED BY THE STATUTORY REVISION COMMISSION AND ENACTED BY THE LEGISLATURE OF 1895, THE FORMER LAWS REPEALED THEREBY, AND SUPPLEMENTAL ACTS AND CODE PROVISIONS RELATING TO SUCH CORPORATIONS, -THOROUGHLY ANNOTATED, WITH CITATIONS FROM THE DECISIONS OF THE COURTS, EXPLANATORY NOTES AND CROSS REFERENCES INDICATING THE SOURCES OF THE NEW LAW AND THE DISPOSITION OF THE OLD, WITH AMENDMENTS OF 1896 1897, 1898, 1899, AND TAX LAW AS AMENDED. TOGETHER WITH FORMS. Rit ARO Bee i 4 ‘ By ROBERT OC. CUMMING and FRANK B. GILBERT, ATTORNEYS AT LAW AND ASSISTANTS TO THE COMMISSIONERS OF STATUTORY REVISION. BANKS & COMPANY, ALBANY, N. Y. ; 1899. \ Entered according to act of Congress, in the year one thousand eight hundred and ninety-six, By BANKS & BROTHERS, In the office of the Librarian of Congress, at Washington. Entered according to act of Congress, in the year one thousand eight hundred and ninety-seven, By BANKS & BROTHERS, In the office of the Librarian of Congress, at Washington. a a eS Entered according to act of Congress, in the year one thousand eight hundred and ninety-eight, By BANKS & BROTHERS, In the office of the Librarian of Congress, at Washington. — Entered according to act of Congress,in the year one thousand eight hundred and ninety-nine, By BANKS & COMPANY, In the office of the Librarian of Congress, at Washington. —_———— eeSSSSSSSSSSSSSSSSSSSSsSSSSSSsSssSSSe PRED A OH. The Legislature of 1895 enacted a complete revision of the laws of the State relating to membership and religious corpora- tions, as reported to it by the Commissioners of Statutory Revi- sion. The Membership Corporations Law revises and re-enacts, with many changes and omissions, the former laws relating to non-business corporatious generally, including social clubs, ceme- teries, Christian associations, prevention of cruelty corporations and agricultural societies, while the Religious Corporations Law pertains to churches and all other corporations of a religious nature. The importance of understanding the changes in the statute laws of the State, upon these subjeciis, can not be under- estimated. The authors have endeavored, with the assistance of the notes contained in the report of the commissioners, to indicate every change in the law, as well as the omission of matter repealed, but not re-enacted, with the reagons therefor. The explanatory note preceding each, law and the annotations at the end of the sections of the former laws in the appendices indicating the disposition thereof, are the notes of the commis- sioners, preserved without change. The whole work has been theroughly annotated with the decisions of the courts to date; and carefully prepared forras will be found at the end of the book, to which references are made at the end of the sections to which they relate. The references at the end of the sections are to the Revised Statutes, eighth edition, and supplemental volume. Albany, June 25, 1895. R. C. CUMMING, F. B. GILBERT. TABLE OF CONTENTS, one PAGE. The Statutery ASCONSLEUCHIOM: MUUINVEMt aioe ctetiecic cla cs. eeislcicc bie.etele elers se eT Section 1. Short title; extent of application.............. a ciokateiviale’ sy okey 2. Property <2.) «0... Sects i CHIOG OAR BOTS Meee eae AIG ge De Cal PLOPCrivemercici se eis esc cleleja« sreteetelersinie iia wists aiotetecerstelaretete ee A SPELT SOMA Me C OCI Varn. te'alelereie (aie. slaleraeias eievel s. elidiets) svaneianecm's sraeree yarns DoRLerSOUe cesisiimerisiealc. sis eLcjehelats sis levers cits sister cletstets Biaahttere sta sts cir aes GAA UGS Chis cate cle sealers ses o.6 0 .se.a le sisie ais s Si vile Ss wisie'seleaie eine 6 Sp. WR Tom ETITID CVpta CHOC ire cajsie lec clsetcisle sCeioys ne Git c/o eceye. sie wicrabeiere he's Sis EB 8 Gender; number; tense......... AES IRSre aR ATOR RE 3 OWHeretorores herent lence NOW ei caisc we clete cldicveletelede’s.s's Ratan bese LO Plast Precedins sone Lbs LOMO WANG terse o ois) clove el eis cis, soheleils Sener ae UPL SOLOW crclcrate ats atersnstepeveysiere sieisie.t(s elstae sate iets teceve:aisiscaisiore’ els cri: itt. f2Pe Wi Tit Oe SIM ALUY Ome wists 6 oibie Sle ere's islets) elervic,eleva}sreie(ett le solslers phe tied epee Ca har tateretaistslaltionehsioaierers 5 ato Ga0bOer One Gas Gtino aiorere.clatetepteie 4: 14. Oath; affidavit; Swear’. .s.cscccces Realccstotvare sed Rinieterepaie'e Aihecrd: 15. Acknowledge; acknowledgment .........eseeees Wis sielevee 5 4 GHA OU © TTC OD EASTING Bestaicielcve, he sis rereie e siciole ucla eleus eraisharieie isco see 4 Dige OHOOSES: ClECE: GADDOlN Gaze aete/olsie'eela'elsiche © viassiste ale sicieione Siege OS 1S eBoard + Composed LOL ONE eVeTAON sic cic cece iscetisiceacecs 21D 19, Meeting; quorum; powers of Majority.....cccceccescece 5 20. Service of notice upon board or DOdY.....cecsecscccccs 5D QI County sClerks “TEGISCI. ciccc'e.0 ssi o'eieib sie MiNi cca aie oe eres clever stoner O pias Ag VENKegt* ply = ENG RI Sal ae ip gh ey We ba 2 PR Poe aC Ta DZOTISUALC Byateetale eter ole cfeiereletsestetllete cle(els veisiovsdeis \eererel siskevect ters eek nance At 24. Public holiday; half-holiday ........ aieredslolilexeccieicceteleiokie 5 NAS DOMED LE metelsieel ciate si sicitis esicisur scien cies ris cree tdisusie se cjaieioin sieiete Solio O BOAMORtH feces ne toc ncn be te boc aoe IS ey Rn eae ak GS Oy 27. Day; mode ‘of COMPUTING? GLYSs NIBNC-CHNC ie sce cu cle oeis oie 1k BS StancgaArde tiger .telstscls) sic e's petatelarcbetora hotetaisvetsie’eie eiatcieterels Savers C 20 aCivilsandaCriminale Codes Merc cc cule caine SONGS OOBACOS HOO eae 30. Laws of England and of the colony of New York..... seeks 1S 31. Limiting the effect of repealing statutes.........cee002. 8 32. Effect of repeal and re-enactment.:..... Jeti aoe ce epee ome 34. 35. 36. Effect of revision upon laws passeai at same session or before revision takes effect......... WO DOSIOEIG CER SOCHODIO Alterations of titles and headmotes......ccccccsccccces Liaise pea leans actesisis sivle ce colsisle sisiertieis diviais lo e's. sle sie eslesiacie Time of taking effect........ iota stein ¢,loe, avails! « oints: vive laleleletete Repealing Schedule of Statutory Construction Law eee seeer eo erase ese oe ce oO = > vi ze 5 PAGE, - The General Corporation’) LAW. - Py ree wen ees «Se ee ew Fey! tat ge Wak nial . ae » “4 itaet 7; , : ee st Raat iesyi ae fei sath nn eee b Lib Sdnsp oN nab Socce . &y i as a eae * co ie THE STATUTORY CONSTRUCTION LAW. LAWS OF 1892, CHAPTER 677. AN ACT relating to the construction of statutes, constituting ~ chapter one of the general laws. The People of the State of New York, represented in Senate. and Assembly, do enact as follows: CHAPTER I OF THE GENERAL LAWS, Tue Sratutory Constrvucrion Law. Section 1. Short title; extent of application. 2. Property. 8. Real property. 4, Personal property. 5. Person. 6. Judge 7. Lunacy; idiocy. 8. Gender; number; tense 9. Heretofore; hereafter; now 10. Last; preceding; next; following. 11. Folio. , 12. Writing; signature, 13. Seal. i4. Oath; affidavit; swear. 15. Acknowledge; acknowledgment, . 16. Bond; undertaking. 17. Choose; elect; appoint. 18. Board composed of one person, 19. Meeting; quorum; powers of majority. 20. Service of notice upon board or body. 21. County clerk; register, 22. Village 23. State, vs 2 THE STATUTORY CONSTRUCTION LAW, Section 24. Public holiday; half-holiday. 25. Year. 26. Month. ‘27. Day; mode of computing days; night-time, 28. Standard time. 29. Civil and criminal codes, 80. Laws of England and of the colony of New York, 81. Limiting the effect of repealing statutes, 82. Effect of repeal and re-enactment. ‘838. Effect of revision upon laws passed at same session or before revision takes effect. 84. Alterations of titles and head notes 385. Laws repealed. 86. Time of taking effect. Section 1. Short title; extent of application.— This chapter shall be known as the statutory construction law, and is appli- cable to every statute unless its general object or the context of the language construed, or other provisions of law indicate that a different meaning or application was intended from that required to be given by this chapter. § 2. Property.—The term property includes real and personal property. § 3. Real property.— The term real property includes real estate, lands, tenements and hereditaments, corporeal and incor- poreal, § 4. Personal property.— The term personal property includes chattels, money, things in action, and all written instruments themselves, as distinguished from the rights or interests to which they relate, by which any right, interest, lien or incum- brance in, to or upon property, or any debt or financial obliga- tion is created, acknowledged, evidenced, transferred, discharged or defeated, wholly or in part, and everything, except real prop- erty, which may be the subject of ownership. The term chattels includes goods and chattels. § 5. Person.— The term person includes a corporation and a joint stock association. When used to designate a party, whose property may be the subject of any offense, the term person also includes the state, or amy other state, government or country which may lawfully own property in the state THE STATUTORY CONSTRUCTION LAW. 3 § 6. Judge—The term judge includes every judicial officer authorized, alone or with others, to hold or preside over a court of record § % Lunacy; idiocy.—The terms lunatic and lunacy include every kind of unsoundness of mind except idiocy. § 8. Gender ; number tense — Words of the masculine gender include the feminine and the neuter, and may refer to a corpora- tion, or toa a board or other body or assemblage of persons; and, when the sense so indicates, words of the neuter gender may refer to any gender. The term men includes boys and the term_women includes. girls. Words in the singular number include the plural, and in the plural number include the singular. Words in the present tense include the future.: § 9. Heretofore ; hereafter; now. — Each of the terms, here'tio- fone, and hereafter, in any provision of a statute, relates to the time such provision takes effect. The term now in any provision of a statute referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or the person in office, or to the facts or circum- stances existing, respectively, immediately before the taking effect of such provision. § 10. Last; preceding; next; following.— A reference to the last or preceding section, or other provision of.a statute, means the section or other division immediately preceding, and a refer- ence to the next or following section or other division of a statute means the section or other division immediately fol- lowing. § 11. Folio — A folio is one hundred words, counting as a word each figure necessarily used. i § 12. Writing; signature.—The terms writing and written include avery legible representation of letters upon a material substance, except when applied to the signature of an “instru- ment, The term signature includes any memorandum, mark or sign, written or placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. § 13. Seal.— The private seal of a person, other than a corpora- tion, to amy imstrument or writing slrall consist of a wafer, wax or A _ THE STATUTORY CONSTRUCTION LAW. other similar adhesive substance affixed thereto, or of paper ox other similar substance affixed thereto, by mucilage or other adhesive substance, or of the word “seal,” or the letters “L, S.,” opposite the signature. A seal of a court, public officer or corporation may be im- pressed directly upon the instrument or writing to be sealed, or upon wafer, wax or other adhesive substance affixed thereto, or upon paper or other similar substance affixed thereto by muci- lage or other adhesive substance. An instrument or writing duly executed, in the corporate name of a corporation, which shall not have adopted a corporate seal, by the proper officers of the corporation under their private seals, shall be deemed to have been executed under the corporate seal. § 14. Oath; affidavit; swear.— The terms oath and affidavit include every mode authorized by law of attesting the truth of that which is stated. The term swear includes every mode authorized by law for administering an oath. Whien an affidavit is authorized or required it may be sworn to before any officer authorized by law to take the acknowledgment of deeds in this state, unless a particular officer is specified before whom is is to be taken. § 15. Acknowledge; acknowledgment.— When the execution of any instrument or writing is authorized or required by law to be acknowledged, or to be proven so as to entitle it to be filed or recorded in a public office, the acknowledgment may be taken or the proof made before any officer then and there authorized to take the acknowledgment or proof of the execu- tion of a deed of real property to entitle it to be recorded in a county clerk’s office, and shall be made and certified in the same manner as such acknowledgment or proof of such deed, The term acknowledge and acknowledgment, when used with reference to the execution of an instrument or writing other than a deed of real property, includes a compliance with the pro- visious of this section by either such proof or acknowledgment § 16. Bonds ; undertakings— A provision of law authorizing or requiring a bond to be given shall be deemed to have been complied with by the execution of an undertaking to the same effect. THE STATUTORY ‘CONSTRUCTION LAW. 5 $ 17. Choose; elect ; appoint — The term choose includes elect and appoint. § 18. Board composed of one person. — A reference to several officers of a municipal corporation holding the same office, or to a board of such officers, shall be deemed to refer to the single officer holding such office, when but one person is chosen to fill such oftice in pursuance of law § 19. Meeting; quorum; powers of majority~—- Whenever three or more public officers are given any power or authority, or three or more persons are charged with any public duty to be performed or exercised by them jointly or as a board or similar body, a majority of all such persons or officers at a meet- ing duly held at a time fixed by law, or by any by-law duly adopted by such board or body, or at any duly adjourned meet- img of such meeting, or at amy meeting duly held upon reason abie notice to all of them, may perform and exercise such power, authority or duty, and if ome or more of such persons or officers shall have died or have become mentally incapable of acting, or shall refuse or neglect to atiend any such meeting, a majority of the whole number of such persons or officers shall be a quorum of such board or body, amd a majority of a quorum, if not less tham a majority of the whole number of such persons or officers, may perform and exercise any such power, authority or duty. Any such meeting may be adjourned by a less number than a quorum. A recital in amy order, resolution or othier record | of any proceeding of such a meeting that such meeting had been . soeheld or adjourned, or that it had been held upon such notice to the members, shall be presumptive evidence thereof. § 20. Service of notice upon body or board. When a nctice is required to be given to a board or body, service of such notice upon the clerk or chairman thereof shall be sufficient. § 21. County clerk; Register.— Any act done in pursuance of law by the register of a county shall be deemed to be a compli- ance with any provision of law authorizing or requiring such act to be done by the county clerk of such county, and any instru- ment or writing filed, entered or recorded in pursuance of law fn the offite of a register of a county, shall be deemed to be a compliance with any provision of law authorizing or requiring 6 THE STATUTORY CONSTRUCTION LAW. such paper to be filed, entered or recorded, as the case may be, in the office of the clerk of such county. 22, Village—The term village means an incorporated village. § 23. State; territory.— The term state, when used generally to include every state of the United States, includes also every - territory of the United States and the District of Columbia. The term territory when used generally to include every territory of the United States, includes also the District of Columbia. § 24. Publie holidays; half-holidays.—The term holiday includes the fol- lowing days in each year; the first day of January, known as New Year’s day; the twelfth day of February, known as Lincoln’s birthday; the twenty-second day of February known as Washington’s birthday; the thirtieth day of May, known as Memorial day; the fourth day of July, known as Independence day; the first Moaday of September, known as Labor day, and the twenty-fifth day of Decem- ber, known as Christmas day, and if either of such days is Sunday, the next day thereafter; each general election day and each day appointed by the president of the United States or by the governor of this state asa day of general thanks- giving, general fasting and prayer, or other general religious observances. The term, half-holiday, includes the period from noon to midnight of each Saturday which is not a holiday. The days and half days aforesaid shall be considered as the first day of the week, commonly called Sunday, and as public holidays or half-holidays, for all purposes whatsoever as regards the transaction of business in the public offices of this state, or counties of this state. On all other days and half days, excepting Sundays, such offices shall be kept open for the transaction of business. [Am/’d, ch. 614 of 1897. In effect October 1, 1897. ] § 2. Chapter twenty-seven of the laws of eighteen hundred and seventy-five, chapter thirty of the laws of eighteen hundred and eighty-one, chapter two hun- dred and eighty-nineof the laws of eighteen hundred and eighty-seven and chapter six hundred and three of the laws of eighteen hundred and ninety-five, are hereby repealed. [Ch. 614 of 1897. ] § 25. Year.— Time shall continue to be computed in this state according to the Gregorian or new style. The first day of each year after the year 1752 is the first day of January, according to such style. For the purpose of computing and reckoning the days of the year in the same regular course in the future, every year, the number of which in the Christian era is a mul- tiple of four, is a bisextile or leap year consisting of three hundred and sixty-six days, unless such number of the year is a multiple of one hundred and the first two figures thereof treated as a separate number is not a multiple of four, and every year which is not a leap year is a common year con- sisting of three hundred and sixty-five days. The term year in a statute, contract, or any publie or private © instrument, means three hundred and sixty-five days, but the added day of a leap year and the day immediately preceding THE STATUTORY CONSTRUCTION LAW. sf Shall for the purpose of such computation be counted as ome day. In a statute, contract or public or private instrument, the term year means twelve months, the term half-year, six months, and the term a quarter of a year, three months. § 26. Month —In a statute, contract or public or private instru- ment, unless otherwise provided in such contract or instrument or by law, the term month means a calendar month and not a lunar month. A number of months after or before a certain day shall be computed by counting such number of calendar months from such day, exclusive of the calendar month in which such day occurs, and shall include the day of the month in the last month so counted having the same numerical order in days of the month as the day from which the computation is made, unless there be not so many days in the last month so counted, in which case the period computed shall expire with the last day of the month so counted. § 27. Day ; mode of computing days ; night-time.— A calendar day includes the time from midnight to midnight. Sunday or ary day of the week specifically mentioned means a calendar day. A nuu.ber of days specified as a period from a certain day within which or after or before which an act is authorized or required to be done means such number of calendar days exclusive of the calendar day from which the reckoning is made. Sunday ov a public holiday other than a half-holiday must be excluded from the reckoning if it is the last day of any ‘such period or if it is an intervening day of any such period of two days. In computing any specified number of days, weeks or months from a specified event, the day upon which the event happens is deemed the day from which the reckoning is made. The day from which any specified number of days, weeks or months of time is reckoned shall be excluded in making the reckoning. Night-time includes the time from sunset to sunrise. (As amended by L. 1894, ch. 447.) § 28. Standard time.—The standard time throughout this - gtate is that of the seventy-fifth meridian of longitude west from Greenwich, and all courts and public officers, and legal and 8 THE STATUTORY CONSTRUCTION LAW. official proceedings, shall be regulated thereby. Any act re- quired by or in pursuance of law to be performed at or within a prescribed time, shall be performed according to such standard time. § 29. Civil and Criminal Codes — The term Civil Code means the Code of Civil Procedure. The term Criminal Code means the Code of Criminal Procedure. § 30 Laws of England and of the colony of New York.— A statute of England or Great Britain shall not be deemed to have had any force or effect in this state since May 1, 1788. Acts of the legislature of the colony of New York shall not be deemed to have had any force or effect in this state since December 29, 1828, The resolutions of the congress of such colony and of the con- vention of the state of New York, shall not be deemed to be the laws of this state hereafter, § 3L. Limiting the effect of repealing statutes. —The repeal hereafter or by this chapter of any provision of a statute, which repeals any provision of a prior statute, does not revive such prior provision. The repeal hereafter or by this chapter of any provision of a statute, which amends a provision of a prior statute, leaves such prior provision in force unless the amenda- tory statute be a substantial re-enactment of the statute amended. The repeal of a statute or part thereof shall not affect or impair any act done or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be asserted enforced, prosecuted or inflicted, as fully and to the same extent as if such repeal had not been effected; and all actions and proceedings, civil or criminal, commenced under or by virtue of any provision of a statute so repealed, and pending imme- diately prior to the taking effect of such repeal, may be prose- cuted and defended to final effect in the same manner as they might if such provisions were not so repealed. § 32. Effect of repeal and re-enactment.— The provisions of a law repealing a prior law, which are substantial re-enactments of provisions of the prior law, shall be construed as a continua- THE STATUTORY CONSTRUCTION LAW. 9 tion of such provisions of such prior law, and not as new enact- ments. If any provision of a law be repealed and, in substance, re-enacted, a reference in any law to such repealed provision shall be deemed a reference to such re-enacted at fect (As amended by L. 1894, ch. 448.) § 33. Effect of revision upon laws passed at same session or before revision takes effect— No provision of any chapter of the revision of the general laws, of which this chapter is a part, shall supersede or repeal by implication any law passed at the same session of the legislature at which any such chapter was enacted, or passed after the enactment of any such chapter and before it shall have taken effect; and an amendatory law passed at such session or ait any subsequent session begun before any such chapter takes effect, shall not be deemed repealed, unless specifically designated in the repealing schedule of such chapter. § 34. Alterations of titles and head notes.— If the title of any article or other division of a statute, or the head note of a sec- tion shall be amended or repealed in the body of the statute, or if a new article or other division having a title, or a new section having a new head noite be added to a statute the corresponding title or head note, if any, in an abstract of contents at the begin- ning of the article or other division of the statute shall be deemed to be correspondingly amended or repealed, although there be no express reference thereto. &§ 35. Laws repealed,— Of the laws enumerated in the sched- ule hereto annexed, that portion specified in the _last celumn is repealed. § 36. Time of taking effect.— This chapter shall take effect immediately. “ Sections repealed, Revised Statutes. part I, chapter 8, title8.... 16. Revised Statutes, part I, chapter 19, title1... 1, 2, 3, 4, 5 Revised Statutes, part I, chapter 4, title 2.... 3. Revised Statutes, part IT, chapter 4, title3.... 9. Revised Statutes, part LIT, chapter 8, title17.. 27, Revised Statutes, part II, chapter 10, title4.. 4. Revised Statutes, part IV, chapter 2, title8... 16. 2 10 THE STATUTORY CONSTRUCTION LAW. Sections repealed, Laws 1828, second meeting, 5ist session, chapter 20 28 sesciieie es «va ticiy ine piel teil 9510, 11, Laws 1828, second meeting, 51st session, chapter 21..... Soe DRA tae Pave sae oe bikes -- 8 and 4 Laws 1857, chapter 536..... aneightneumaie ee Pitt: Laws 1874, chapter 321 ........... ai ila ie Laws 1877, chapter 466..... Rr) Sigs nd as Ais Wal Laws 1884, chapter 14........... intsieta eels Maree TEAWS ASSO, Cle Utah aw hc geet eter ate nielate te 20. Gode of Civil Procedure... .sscceasscccasci avs, (Gor YUU /OIK subdivisions 6, 7, se bie epi ge 23 and 24 of sec- tion 3343. Gode of Criminal Procedure..........ee06 955, 956, 957. Pemal Code oo ccececccccces vvccsccccccceen, 201, OU, and sub- ‘divisions 9, 10, 11, 12, 18, 14 and 45 of section 718. THE GENERAL CORPORATION LAW. LAWS OF 1892, CHAPTER 687%. AWN ACT to amend the general corporation law. Approved by the Governor May 18, 1892. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: The general corporation law is amended to read as follows, to take effect immediately: CHAPTER XXXV OF THE GENERAL LAWS. THe GreneRAL Corporation Law. Section 1. Short title. ’ 2. Classification of corporations, 8. Definitions. 4, Qualifications of incorporators. 5. Filing and recording certificates of incorporation, 6. Corporations of the same name prohibited. 7 Amended and supplemental certificates, 8. Lost or destroyed certificates. 9. Certificate and other papers as evidence. 10. Prohibition of othér than statutory powers. 11. Grant of general powers. s 12. Limitation of amount of property of a non-stock eorporation, 18. Acquisition of additional real property. 14, Acquisition of property in other states. 15. Certificate of authority of a foreign corporation. 16. Proof to be filed before granting certificate. 17. Acquisition of real property in this state by certain foreign corporations. 18. Acquisition by foreign corporations of real property in this state upon judicial sales. © 19. Prohibition of banking powers. 20. Qualification of members as voters. 12. -2 THE GENERAL CORPORATION LAW, Section 21. Proxies. 22. Challenges. 23. Effect of failure to elect directors. 24. Mode of calling special election of directors. 25. Mode of conducting special election of directors. 26. Qualification of voters and canvass of votes at special elections. 27. Powers of supreme court respecting elections. 28. Stay of proceedings in actions collusively brought, 29. Quorum of directors and power of majority. 80. Directors as trustees in case of dissolution, 81. Forfeiture for non-user. \ 82. Extension of corporate existence, 83. Conflicting corporate laws. 84. Laws repealed. 85. Saving clause 86. Construction, 87. Law revived. 88. When notice or lapse of time unnecessary. 389. As to acts of directors. 40. Alteration and repeal of charter, Section 1. Short titie.—This chapter shall be known as the general corporation law. [The provisions of the general corporation law apply to all corporations formed under or subject to the membership corporations law or the religious corporations law; but section 82 provides, that if, in any case, the provisions of another corporate law (the membership or religious corporations law) conflict with the provisions of the general corporation law, the provisions of such corporate law shall prevail, and the provisions of the general corporation law shall not apply in such case. The table immediately following the repealing schedule of the genera] corporation law indicates the sources of the sections thereof.] § 2. Classification of corporations.— A corporation shiall be either, 1. A municipal corporattiion, 2. A stock corporation, 3. A non-stock corporation, or 4. A mixed corporation. A stock corporation shall be either, 1. A monied corporation. 2. A transportation corporation, or 3. A business corporation, THE GENERAL CORPORATION LAW, 13 A non-stock corporation shall be either, L A religious corporation, or 2. A membership corporation. A mixed corporation shall be either, 1. A cemetery corporation, 2. A library corporation, 3. A co-operative corporation, A. board of trade corporation, or 5. An agricultural and horticultural corporation. A transportation corporation shall be either, 1. A railroad corporation, or 2. A transportation corporation other than a railroad cor- poration. A membership corporation shall include benevolent orders and fire and soldiers’ monument corporations. A reference in a general law toa class of corporations described in accordance with this classification shall include all corpora- tions theretofore formed belonging to such class. {The original plan of the revisers to propose a “mixed corporation law,” was abandoned, and corporations which are here classified as *mixei corporations” are membership corporations unless they haye capital stock, when they are classified as stock corporations. So, also, the plan of including benevolent orders under membership corporations was abandoned.] § 3. Definitions — 1. A’ munfcipal corporation includes a county, town, school district, village and city, and any other territorial division of the State established by law with powers of local government. 2. ‘A stock corporation is a corporation having a capital stock divided into shares, and which is authorized by law to distribute to the holders thereof dividends or shares of the surplus profits of the corporation. A corporation is not a stock corporation because of having issued certificates called certificates of stock, but which are in fact merely certificates of membership and which is not authorized by law to distribute to its members any dividends or share of profits arising from the operations of the corporation, 14 THE GENERAL CORPORATION LAW. 8. The term non-stock corporation includes every corporation other than a stock corporaition. 4, A moneyed corporation is a corporation formed under or subject to the banking or the insurance law. 5. A domestic corporation is a corporation incorporated by or under the laws of the state or colony of New York. Every cor- poration which is not a domestic corpoxation is a foreign cor- poration, except as provided by the Code of Civil Procedure for the purpose of construing such code. 6. The term directors, when used in relation to corporations, shall include trustees or other persons, by whatever name known, duly appointed or designated to manage the affairs of the corporation. 7. The term. certfficate of incorporation shall include articles of association or any other written instruments required by law to be filed, to effect the incorporation of a corporation, including a certified copy of an original certificate of incorporation filed for such purpose in pursuance of law. 8. The term member of a corporation shall include every per- son having a right to vote at a meeting of the corporation for the election of directors, other than a person having a right to vote only upon a proxy. 9. The term office of a corporation means its principal office within the state or principal place of business within the state, if it has no principal office therein. 10. The term business of a corporation when used with refer- ence to a non-stock corporation, includes the operations for the conduct of which it is incorporated. 11. The term corporate law or laws, when used in any law forming a part of the revision of the general laws of the state of which this chapter is a part, means the general laws of this state relating to corporations included in such revision. (Thus amended by L, 1895, ch. 672.) [The amendment to this section drops therefrom a reference to mixed corporations, provides a clearer definition of a stock corporation in paragraph 2, and of a foreign corporation in paragraph 5, and omits from paragraph 9, the requirement that “ the office of a stock corporation shall be in the county, town or city in which its business is principally carried on.”’] THE GENERAL CORPORATION LAW. 15 § 4. Qualifications of incorporators—A certificate of incorpo- ration must be executed by natural persons, who must be of full age, and at least two-thirds of them must be citizens cf the United States and one of them a resident of this state. This section shall not apply to a corporation formed by the reincorporation or consolidatin of existing corporations, or to the reorganization of a corporation upon the sale of the property and franchises of a previously existing corporation or otherwise. (Thus amended by L. 1895, ch. 672.) [The amendment to this section by L. 1895, ch. 672, provides that but one of the incorporators need be a resident of the state, while by the former law a majority of residents was requisite.] § 5. Filing and recording certificates of incorporation. Every celtificate of incorporation and amended or supplemental cer- tificate hereafter executed shall be in the English language, and except of a religious, cemetery, moneyed, municipal or fire department corporation, shall be filed in the office of the secre- tary of state, and shall be by him duly recorded and indexed in bocks specially provided therefor; and a certified copy of such certificate’ or amended or supplemental certificate with a cer- ‘tificate of the secretary of state of such filing and record, or a duplicate original of such certificate or amended or supplemental certificate shall be filed and similarly recorded and indexed in the office of the clerk of the county in which the office of the corporation is to be located, or, if it be a non-stock corporation, aud such county be not determined upon at the time of executing the certificate of incorporation, in such county clerk’s office as the judge approving the certificate shall direct. All taxes required by law to be paid before or wpon incorporation and the fees for filing and recording such certificate must be paid before filing. No corporation shall exercise any corporate powers or privileges until such taxes and fees have been paid. (Thus anended by L. 1895, ch. 672.) [The amendment to this section requires certificates of incorporation to be in the English language. The secretary of state does not require the certificate of the county clerk as to the authority of the officer who takes the acknowledgment of a certificate of incorporation. 16 THE GENERAL CORPORATION LAW. The certificates of incorporation of religious corporations are pot required to be filed in thé office of the secretary of state. (Religious Corp. L., § 3.)] § 6. Corporate names —No certificate of incorporation of a proposed corporation having the same name as an existing domestic cGrporation, or a name so nearly resembling it as lo Le calculated to deceive, shall be filed or recorded in any office for the purpose of effecting its incorporation. A corporatior formed by the reincorporation, reorganization or consolidativun of other corporations or upon the sale of the property or fran- chises of a corporaticn, may have the same name as the cor- poration or one of the corporations to whose francbises it has succeeded. No corporation shall be hereafter organized under the laws of this state with the word bank, insurance, indemnity, guarantee or benefit as part of its name, except a corporation formed under the banking law or the insurance law. (Thus amended by L. 1895, ch. 672.) [The last sentence is added by the amendment of 1895. The Code of Civil Procedure (§§ 2410-2417) provides a method for changing the name of a corporation by petition to the court.J § 7% Amended and supplemental certificates—TIf, in the original or amended certificate of incorporation of any corpo- ration, or if in a supplemental certificate of any corporation any informality exist, or if any such certificate contain any matter not authorized by law to be stated therein, or if the proof or acknowledgment thereof shall be defective, the corporators or directors of the corporation may make and file an amended cer- tificate correcting such informality or defect or striking out such unauthorized matter; and the certificate amended shall be deemed to be amended accordingly as of the date such amended certificate was filed, and upon the filing of such an amended certificate of incorporation, the corporation shall then for all purposes be deemed to be a corporation from the time of filing the original certificate. The supreme court may, upon due cause shown, and proof made, and upon notice to the attorney-general, and to such other persons as the court may direct, and upon such terms THE GENERAL CORPORATION LAW. 17 and conditions as it may impose, amend any certificate of incorporation which fails to express the true object and purpose of the corporation, so as to fruly set forth such object and puupose. When an amended or supplemental certificate is filed, an entry shall be made upon the margin of the index and record of the original certificate of the date and place of record of every such amended certificate. The amendment of a certificate under this section shall be without prejudice to any pending action or proceeding, or to any rights previously accrued. [An amended certificate after reciting the defect which is intended to be remedied, should restate the original certificate, with the error cor- rected, and after being properly acknowledged, the amended certificate should be filed in the same offices as the original certificate.] § 8. Lost or destroyed certificates.— If either of the certifi- cates of incorperation shall be lost or destroyed after filing, a certiiicd copy of the other certificate may be filed in the place of the «ne so lost or destroyed and as of the date of its original filing, and such certified copy shall have the same foree and effect as the original certificate had when filed. § 9. Certificate and other papers as evidence.— The certificate of incorporation of any corporation duly filed shall be presump- tive evidenice of its incorporation, and any amended centtificate or other paper duly filed or recorded relating to the inconporation of any corporation, oir its existence or management, and contain- ing facts required or authorized by law to be stated therein, shall be presumptive evidence of the existence of such facts. (Thus amended by L. 1895, ch. 672.) {The amendment of 1895, inserts the Words “or recorded” after the word “filed.” Section 933 of the Code of Civil Procedure, provides that a certified copy of a paper filed, kept, entered or recorded in a public office is evidence as if the original was produced.] § 10. Limitation of powers.—No cerporation shall possess or exercise any corporate powers not given by law, or not necessary to the exercise of the powers so given. The cer- tifieate of incorporation of any corporation may contain any pro- 3 18 THE GENERAL CORPORATION LAW. vision for the regulation of the ousiness and the conduct of the affairs of the corporation, and any limitation upon its powers, or upon the powers of its directors and stockholders, which does not exempt them from the performance of any obligation or thie performance of any duty imposed by law. (Thus amended by L. 1895, ch. 672.) [The amendment of 1895 adds all of the section after the first sentence, It enables the incorporators to insert in the certificate any provision which is not in conflict with law. In other words, a corporation is no longer to be limited to powers expressly conferred by statute, but may, by is certificate, assume any power which is not expressly or impliedly denied by statute.] § 11. Grant of general powers.— Every corporation as such has power, though not specified in the law under which it is incorporated : 1. To have succession for the period specified in its certificate of incorporation or by law, and perpetually when no period is specified. 2. To have a common seal, anid alter the same at pleasure. 3. To acquire by gramt, gift, purchase, devise or bequest, to hold and to dispose of such property as the purposes of the corporation shall require, subject to such limitations as may be prescribed by law. | 4. To appoimt such officers and agents as its business shail require, amd to fix their compensation, and 5. To make by-laws, not inconsistent with any existing law, for the management of its property, the regulations of its affairs, and the transfer of its stock, if it has amy, and the calling of meetings of its members. Such by-laws may also fix the amount of stock, which must be represented at meetings of the stock- holders in order to constitute a quorum, unless otherwise pro- vided by law. By-laws duly adopted at a meeting of the mem- bers of the corporation shiall control the action of its directors. No by-laws adopted by the board of directors regulating the elec- tion of directors or officers shall be valid unless published for at least once a week for two successive weeks in a newspaper in the county where the election is to be held, and at least thirty days before such election. Subdivisions four and five of this THE GENERAL CORPORATION LAW. Be) section shall not apply to municipal corporations. (Thus amended by L. 1895, ch. 672.) [fhe amendment of 1895, removes an ambiguity by providing that a by-law shall be published “ once in each week for two successive weeks,” while the former section merely provided that it should be published “for two successive weeks.” The power of a non-business corporation to take and hold property is limited by the provisions of § 12 of the general corporation law.] § 12. Enlargement of limitations upon the amount of the property of non-stock corporations.—If any general or special law heretofore passed, or any centificate of incorporation, shall limit the amount of property a corporation other than a stock corporation may take or hold, such corporation may take and hold property of the value of three million dollars or less, or thie yearly income derived from which shall be five hundred thon- sand dollars or less, notwithstanding any such limitations. In computing the value of such property, no increase in value aris- ing otherwise than from improvements made thereon shail be taken into account. (Thus amended by L. 1894, ch. 400.) [This section is applicable to all non-stock corporations, Thus, in revising the laws relating to religious and membership corporations, all property limitations have been repealed and not re-enacted.] § 13. Acquisition of additional real property.—When any corporation shall have sold or conveyed any part of its real property, the supreme court may, notwithstanding any restric- tion of a general or special law, authorize it to purchase and hold from time to time other real property, upon satisfactory proof that the value of the property so purchased does not exceed the value of the property so sold amd conveyed within the three years next preceding the applicatiom § 14. Acquisition of property in other states.— Any domestic corporation transacting business in other states or foreign countries may acquire and dispose of such property as shall be requisite for such corporation in the convenient transaction of its business. [This section operates only so far as our own jurisdiction is concerned, If the statutes of a foreign state or country prohibit such acquisition, a very different question is presented.] 20 THE GENERAL CORPORATION LAW, § 15. Certificate of authority of a foreign corporation.— No foreign stock corporation other than a moneyed corporation, shall do business in this state withuut having first procured from the secretary of state a certificate that it has complied with all the requirements of law to authorize it to do business in this state, and that the business of thie corporation to be carried on in this state is such as may be lawfully carried on by a corporation incorporated under the laws of this state for such or similar busi- ness, or, if more than one kind of business, by two or more cor porations so incorporated for such kinds of business respectively. The secretary of state shall deliver such certificate to every such corporation so complying with the requirements of law. No such corporation now doing business in this state shall do business herein after December 31, 1892, without having pro- cured such certificate fram the secretary of state, but any lawful contract previously made by the corporation may be performed and enforced within the state subsequent to such date. Neo foreign stock corporation doing business in this state without such certificate shall maintain any action in this state wpon amy contract made by it in this state until it shall have procured such certificate. [Applies to stock corporations onty.] 816. Proof to be filed before granting certificate.— Before granting such certificate the secretary of state shall require every such foreign corporation tio file in his office a, sworn copy in the English language of its charter or certificate of incorporation and astatement under its corporate seal particularly setting forth the business or objects of the corporation which it is engaged in carrying on or which it proposes to carry on within the state, and a place within the state which is to beits principal place of busi- ness, and designating in the manner prescribed in the Code of Civil Procedure a person upon whom. process against the corporation may he served within the state. The person so designated must have an office or place of business at the place where such corpora- tion is to have its principal place of business within the state. Such designation shall comtinue in force until revoked by an THE GENERAL CORPORATION LAW. 21 instrument in writing designating in like manner some other per- gon upon whom process against the corporation may be served in this state. If the pexson so designated dies orremoves from the place where the corporation has its principal place of business within the state, and the corporation does not within thirty days after such death or removal designate in like manner another person upon whom process against it may be served within the state, the secretary of state may revoke the authority of the cor poration to do business within the state, and process against the corporation in an action upon any liability incumred within this state before such revocation, may, after such death or removal and before another designation is made, be served upon the secre- tary of state. At the time of such service the plaintiff shall pay, to the secretary of state two dollans, to be included in his tax- able costs and disbursements, and the secretary of state shall forthwith mail a copy of such notice to such corporation if its address, or the address of any officer thereof, is known to him (This amended by L. 1895, ch. 672.) [Applies to stock corporations only.] § 1%. Acquisition of real property in this state by certain foreign corporations.— Any foreign corporation created unJler the laws of the United States, or of any state or territory thereof, and doing business in this state, may acquire such real property in thi¢ siate as may be necessary for its corporate purposes in the transaction of its business in this state, and convey the sime by deed or otherwise in the same manner as a domestic corporation. [This section does not, of course, extend the powers of a foreign cor- poration beyond the terms of its charter or the law under which it was created.] sae § 18. Acquisition by foreign corporations of real property in this state.—— Any foreign corporation may purchase at a sale upon the foreclosure of any mortgage held by it, or upon any judgment or decree for debts due it, or upon any settlement to secure such debts, any real property within this state covered 22 THE GENERAL CORPORATION LAW. by. or subject to such mortgage, judgment, decree or settlement, and may take by devise any real property situated within this state, and hold the same for not exceeding five years from the date of such purchase, or from the time when the right to the possession thereof vests in such devisee, and convey it by deed or otherwise, in the same manner as a domestic corporation, (Thus amended by L. 1894, ch. 136.) § 19. Prohibition of banking powers.— No corporation, ex- cept a corporation formed under or subject to the banking laws, shail by any implication or construction be deemed to possess the power of carrying on the business of discounting bills, notes or other evidences of debt, of receiving deposits, of buying gold or silver bullicn or foreign coins, or buying and selling bills of exchange, or shall issue bills, notes or other evidence of debt for circulation as money. § 20. Qualification of members as voters.— At every election of directors and meeting of the members of any corporation, every member who is not in default in the payment of his sub- scriptions upon his stock or disqualified by the by-laws, shall be entitled to one vote, if a non-stock corpoiution, and, if a stock conporation, to one vote for every share of stock held by him for ten days immediately preceding the election or meeting. Every pledger of stock standing in his name cn the books of the corporation shall be deemed the owner thereof for the pur- poses of this section. The certificate of incorporation of any stock corporation may provide that at all elections of directors of such corporation, each stockholder shall be entitled to as many votes as shall equal the number of his shares of stock multiplied by the num- ber of directors to be elected, and that he may cast all of such votes for a single director or may distribute them among the number ‘to be voted for, or any two or more of thiem ag he may see fit, which right, when exercised, shall be termed cumulative voting. The stockholders of a corporation heretofore formed, who, by the provisions of law existing on April 30, 1891, were entitled to the exercise of such right, may hereafter exercise euch right according to the provisions of this section, THE GENERAL CORPORATION LAW. 23 No person shall vote or issue a proxy to vote at any meeting of the stockholders or bondholders, or both, of a stock corpora- tion, upon any stock or bonds which have not been owned by him for at least ten days next preceding such meeting, notwith- standing such stock or bonds may stand in his name on the beoks of the corporation. No member of a corporation shall sell his vote or issue a proxy to vote to any person for any sum of money or any thing of value. The books and papers containing the record of membership of the corporation shall be produced at any meeting of its mem: bers upon the request of any member. If the right to vote at any such meeting shall be challenged, the inspectors of election, or other persons presiding thereat, shall require such bocks, if they can be had, to be produced as evidence of the right of the person challenged to vote at sch meeting, and all persons who may appear from such books to be members of the cor- poration may vote at such meeting in person or by proxy, subject to the provisions of this chapter. §21. Proxies. -Every member of a corporation, except a religious corpoxation, entitled to vote at amy meeting thereof may so vote by proxy. No officer, clerk, teller or bookkeeper of a corporation formed under or subject to the banking law shall act as proxy for any stockholder at any meeting of any such corporation, Every proxy must be executed in writing by the member him- self, or by his duly authorized attorney. No proxy hereafter made shall be valid after the expiration of eleven months from the date of its execution unless the member executing itt shall have specified therein the length of time it is to continue in force, which shall be for some limited period. Every proxy shall be revokable at the pleasure of the person executing it; but a corpo- ration having no capital stock may prescribe in its by-laws the persons who may act as proxies for members, and the length of time for which proxies may be executed. [See Form, Ne. 1] This section prohibits members of a religious corporation from voting by proxy.] 24 THE GENERAL CORPORATION LAW. § 22. Challenges.— Every member of a corporation offering to vote at any election or meeting of the corporation shall, if required by an inspector of election or other officer presiding at such election or meeting, or by any other member present, take and subscribe the following oath: “I do solemnly swear that in voting at this election I have not, either directly, indi- rectly or impliedly, received any promise or any sum of money ov any thing of value to influence the giving of my volte or votes at this meeting or as a consideration therefor.” If it is a stock corporation, the oath so taken and subscribed shall contain the following additional provision: “That I have not sold or other- wise disposed of my interest in or title to any shares of stock or bonds in respect to which I offer to vote at thiis election, but that all such shares or bonds are still owned by me,” but if such stock or bonds be pledged, the oath may so state. Any person offering to vote as proxy for uny other person shall present his proxy and, if so required, take and subscribe the following oath: “IT do solemnly swear that I have not, either directly, imdi- rectly or impliedly, given any promise or any sum of money or any thing of value to induce the giving of a proxy to me to vote at this electiion, or received any promise or any sum of money or any thing of value to influence the giving of my vote at this meeting, or as a consideration therefor.” If a stock cor- poration, the oath so taken and subscribed shall contain the fol- lowing additional provision: “And that the title to the stocks and bonds upon which I now offer to vote is, to the best of my Knowledge and belief, truly and in good faith vested in the per- sons in whose names they now stand,” but if such stocks or bonds be held as security, the oath may so state. The inspectors or per- sons presiding at the election may administer such oath, and all such oaths and proxies shall be filed in the office of the corpora- tion. (Thus amended by L. 1895, ch. 672.) [The amendment of 1895, provides that the oath may state that stocks or bonds are pledged.] § 23. Effect of failure to elect directors.—If the directors shall not be elected on the day designated in the by-laws, or by law, the corporation shall not for that reason be dissolved; but THE GENERAL CORPORATION LAW. 25 every director shall continue to hold his office and discharge his duties until his suecessor has been elected. § 24. Mode of calling special election of directors — If the election has not been held on the day so designated, the directors shall forthwith call a meeting of the members of the corporation for the purpose of electing directors, of which meeting notive shall be given in the same manner as of the annual meeting for the election of directors. If such meeting shall not be so called within one month, or, if held, shall result in a failure to elect directors, any member of the corporation may call a meeting for the purpose of electing directors by publishing a notice of the time and place of holding such meeting at least once in each week for two successive weeks immediately preceding the election, in a newspaper pub- lished in the county where the election is to be held and in such other manner as may be prescribed in the by-laws for the publication of notice of the annual meeting, and by serving upon each member, either personally or by mail, directed to him at his last known post-office address, a copy of such notice at least two weeks before the meeting. § 25. Mode of conducting special elections of directors.— Such meeting shall be held at the office of the corporation, or if it has none, at the place in this state where its principal business has been transacted, or if access to such Office or place is denied or can not be had, at some other place in the city, village or town where such office cr place is or was located. At such meeting the members attending shall constitute a quorum. They may elect inspectors of election and directors and adopt by-laws providing for future annual meetings and election of directors, if the corporation has no such by-laws, andl transact any other business which may be transacted at an annual meeting of the members of the corporation. § 26. Qualification of voters and canvass of votes at special elections.— In the absence at such meeting of the books of the comporation showing who are members thereof, each person, before voting, shall present his sworn statement setting forth that he is a member of the corporation; and if a stock corpora- a 26 THE GENERAL CORPORATION LAW. tion, the number of shares of stock owned by him and standing in his name on the books of the corporation, and, if known. to him, the whole number of shares of stock of the corporation outstanding. On filing swch statement, he may vote as a mem- ber of the corporation; and if a stock corporation, he may vote on the shares of stock appearing in such statement to be owned by him and standing in his name on the books of the corporation. The inspectors shall return and file such statements, with a certificate of the result of the election, verified by them, in the office of the clerk of the coumty in which such election is held, and the persons so elected shall be the directors of the corpo- ration. [See Form, No. 2.] § 27. Powers of supreme court respecting elections.— The supreme court shall, upon the application of any person or cor- poration aggrieved by or complaining of any election of any corporation or any proceeding, act or matter touching the same, upon notice thereof to the adverse party, or to those to be affected thereby, forthwith and in a summairy way, hear the affidavits, proofs and allegations of the parties, or otherwise inquire into the matters or causes of complaint, and establish the election or order a new election, or make such order and give such relief as right and justice may require. § 28. Stay of proceedings in actions collfusively brought.. — If an action is brought against a corporation by the procure- ment or default of its directors, or any of them, to enforce any claim or obligation declared void by law, or to which the corpora- tion has a valid defense, and such action is in the interest or for the benefit of any director, and the corporation has by his comnni- vance made default in such action, or consented to the validity of such claim or obligation, any member of the corporation may apply to the supreme court, upon affidavit, setting forth the facts, for a stay of proceedings in such action, and on proof of the facts, in such further manner and upon such notice as the court may direct, it may stay such proceedings or set aside or vacate the same, or grant such other relief as may seem proper, and which THE GENERAL CORPORATION LAW. 27 will not injuriously affect an innocent party, who, without notice of such wrongdoing and for a valuable consideration, has acquired rights under such proceedings, § 29. Quorum of directors and powers of majority.— The affairs of every corporation shall be managed by its board of directors at least two of whom shall be residents of this State. Unless otherwise provided by law, a majority of the board of directors of a corporation at a meeting duly assembled shall be necessary to constitute a quorum for the transaction of busiiness, and the act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors. Subject to the by-laws, if any, adopted by the mem- bers of a corporation, the directors may make necessary by-laws of the corporation. [Section 11 of the general corporation law, provides that by-laws adopted at a meéting of the members of the corporation shall control the action of its directors.] § 30. Directors as trustees in case of dissolution.— Upon the dissolution of any corporation, its directors, unless other persons shall be appointed by the legislature, or by some court of competent jurisdiction, shall be the trustees of its crediltors, stockholders or members, and shall have full power to settle its affairs, collect and pay outstanding debts, and divide among the persons entitled thereto the money and other property remaining after payment of debts and necessary expenses. Such trustees shall have authority to sue for and recover the debts and property of the corporation, by their name as such trustees, and shall jointly and severally be personally liable to its creditors, stockholders or members, to the extent of its prop- erty and effects that shall come into their hands. § 31. Forfeiture for non-user.—If any corporation, except a railroad, turnpike, plank-road or bridge corporation, shall not organize and commence the transaction of its business or under- take the discharge of its corporate duties within two years from the date of its incorporation, its corporate powers shall cease, [This section does not apply to membership or religious corporations.] 28 THE GENERAL CORPORATION LAW. § 82. Extension of corporate existence. Any domestic cor- poration at any time within three years before the expiration thereof, may extend the term of its existence beyond the time specified in its original certificate of incorporation, or by law, or in any certificate of extension of corporate existence, by the consent of the stockholders owning two-thirds in amount of its capital stock, if not a stock corporation, by the consent of two- thirds of its members, in and by a certificate signed and acknowledged by them and filed in the offices in which the origi- nal certificates of its incorporation were filed, if at all, and, if not, then in the offices where certificates of incorporation are now required by law to be filed, and the officers with whom the same may be filed shall thereupon record them in the books kept in their respective offices for the record of such certificates, and make a memorandum of such record in the margin of the original certificate in such book, if any, and thereupon the time of existence of such corporation shall be extended, as designated in such certificate, for a term not exceeding the term of which it was incorporated in the first instanee. If the term of existi ence of any domestic corporation shall have expired and it shail be made satisfactorily to appear to the supreme court that such corporation was legally organized pursuant to any law of this state, and that through mistake it shall have issued its bonds payable at a date beyond the date fixed in its charter or certifi- cate of incorporation for the expiration of its corporate existence, and such bonds shall be unmatured and unpaid, the supreme court may, upon the application of any person interested and upon such notice to such other parties as the court may require, by order, authorize the filing and recording of a certificate reviv- ing the existence of such corporation, upon such conditions and with such limitations as such order shall specify, and extending such corporate existence for a term not exceeding the term for which it was originally incorporated. Upon filing and recording such certificate in the same manner as certificates of extension of corporate existence duly isswed before the expiration of the existence of a domestic corporatiion is authorized by law to be filed and recorded, such corporate existence shall be revived and THE GENERAL CORPORATION LAW, 29 extended in pursuance of the terms of such order, but such nevival and extension shall noit affect any litigation commenced after such expiration and pending at the time of such revival. If a corporation formed under or subject to the banking law, such certificate shall not be filed or recorded unless it shall have indorsed thereon the written approval of the superintendent of banks; or, if an insuramce corporation, unless it shall have indorsed thereon the written approval of the superintendent of insurance; and, if a turnpike or bridge corporation, it shall not be filed unless it shall have indorsed thereon or annexed thereto a certified copy of a resolution of the board of supervisors of eaich county in which such turnpike or bridge is located, approving of and authorizing such extension. Every corporation extending its corporate existence under this chapter or under any general law of the state shall thereafter be subject to the provisions of this chapter and of such general law, notwithstanding any special provisions in its charter, and shall thereafter be deemed to be incorporated under the general laws of the state relating to the incorporation of a corporation for the purpose of carrying on the business in which it is engaged, and shall be subject to the provisions of such laws, § 33. Conflicting corporate laws.—If in amy corporate law there is or shall be any provision in conflict with any provisions of this chapter or of the stock corporation law, the provisions so conflicting shall prevail, and the provision of this chapter or of the stock corporation law with which it conflicts shall mot apply in such a case. If in amy such law there is or shall be a provision relating to a matter embraced in this chapter or in the stock corporation law, but not in conflict with it, such provision in such other law shall be deemed to be im addition to the pno- visions in this chapter or in the stock corporation law relating to the same subject-matter, and both provisions shall, in such case, be applicable. [Where the provisions of the membership corporations law or the religious corporations law and the provisions of the general corporation law are consistent both are applicable, but, if inconsistent, the provisions of the membership and religious corporations law shall prevail. See Oelbermann y. N. Y. & N. B. R. Co., 77 Hun, 332.) 30 THE GENERAL CORPORATION LAW. § 34. Laws repealed.— Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. Such repeal shall not revive a law repealed by any law hereby repealed, but shall include all laws amendatory of the laws hereby repealed. § 35. Saving clause.— The repeal of a law or any part of it specified in the anmexed schedule shall not affect or impair any act done, or right accruing, acerwed or acquired, or liability, penalty, forfeiture or punishment incurred prior to May 1, 1891, under or by virtue of any law so repealed, but the same may be asserted, enforced, prosecuted or inflicted, as fully and to thie same extent as if such law had not been repealed. cOheA MEAL, ASO >. ccs vec ottteckee SeeDLLE ss Cate. cee aL 1859 sie. dh Pea sch MERAUOKE Ma RIO. La OER: TSO0 s,s. 5 bc tah asus tae AUnn sees out CE RALL. LBOOE Ds cs sc vclthes oe OSeaeeusk Senthtes eae DREO cas sas sickle ccm t Re DO ah eam Ll ARG Lneiccaiee.s Cote sche ene el AOU h calts te cek ReeeA EL ARO Liste sue’ tc ets oss Cae DEE wees crite ene Eki SUSAL eee is. oa siktthn cake seeel Damen Toten aks LEOL Ee eas oaia AEM « are eco cncasatee one Genel ls SCH a acid wectedhcs cxcnic Gam cmc aes ¢ naiee wa eu naa TSO. << cin cu onto Eoin esieteins Mua hslewisid fated weet we ane ahe THE GENERAL CORPORATION LAW, Schedule of Laws Repealed — (Continued). Laws of GAs cle aw erata easels e «6! 1862. .cccccccceccscccs 1862. wccccece cece ccc oie 1862. 0.0 ve ore cevececcece 1863. eee eeneveaeneen eeo@eaeeneo eee eee e200 ae SS. S.e e@eoesoezsesoev ee ee ee ee e cseeeetoev ee eeee ee eee eeeeeaeoevee ee ee ee eee Gas sit creale a's a athaicele vec eeeeevevese28202000800880 ewe oeaeeeoeeoeeee e828 @ ceeeeaeoeoeoea ee oe te eeoee 1865. ccccccveccceeee L866. . ccccccccccecwcse 1866... wcccssscesecese 1866. 0000 0000c0cecceree 1866 . ooo cece ccicccie cee 1866. 2. occ ccccscovccs 1866. 22 ae 00ceccc.e cw.ece 1866 . 2.2 are ore oe 010.00 00 0.001 LOU tates cs'aw ere cata o e's 6 8 ABET. ..0'00 00 we od 0.0.0:010 010 L867 . oo 00 cre co oc cwccene 1867. 0c ccescscccccwces 1867 . oo are ore 00 ore 10 e100 o'0 LEGT oie ore cre wo tlelere 0-0 0-041 1867. o0 cr cieesccccceces 1867. wc ccciccccsevceces L867 « vsese.0 o10 0:0 0.0 010 sore.00 1867. ©0000 O87 CO H4O8 O48 1867. OD SS OOS OF 48 17 OOD Chapter 405. Scaeeeie ccs Bares atctce ate Welt alee 6 449, eeereenean eo ee eo 8 eeeeeeeereoese esceoeeoeeeaes eee ooeeeeseeeoeee8@ eseoeeoeeeeoene7e eee eoeeereeeoreeee8 ececeeeeoeereoe eee ee 00080808 828 eee ee ee ee oe O88 Noes weak. 0s *e0@0000006080:88 usa c sete t dome’ ess. Bilvccacsetaccaae eee eee 208 ee00400060906488 0200600000060 84 eeeeeeoeo eee e ea 8 Lee reac aides ane AOS weld cdele ¢ emae see eOeoseoe ee @ e@es@eoeoese ee ev eee 419. 480. 509. TUB, 00010 00 sie cre vine 906. oe se vccccecios DBT. oe vie sieveccces S60 sss cu ca eoeeeowe eereaeaee ee eee eeeeeoeeoeeoeo eee ee ee ee eee 40 Sections. PREBREEEREEEREEE : FREE 3G THE GENERAL CORPORATION LAW. Schedule of Laws Repealed — (Continued). Laws of 1867 1870 1870 1870. 1870. 1870. ats ok 1871. 1871. 1871 1871 Reis Bae 1871 1871. 1872. 1872. 1872. 1872. 1872. 1872. 1872. 1872. 1872. 1872. 1872 © Oe O'S GO © © C'S S10 e\e1e'e'@' 1868. 1868. 1868. 1868. 1869. 1869. 1869. 1869. 1869. 1869. 1870. eeeeeeoeeooeoeee eee ee ee C18 0 C.02 C8 68S O'@ eeeeeneoeoec eae e eee ee eeeoeeeoeveeceen ee ee © e@eeeeeeeeeoee eee e® ee@eoeweeaes eee ee ee ees eeooeeeeavoeeo ee eee oe eeeoeeeoeoseeeeeeeed eeeeeeeeveoeoeoe ee eee eeeeeooeeoweeeeere see eeoeeeaeaeo ene eeeoea eee ee e@eeeteene2oeeeee ee ee? eeeeoeoveceevees eoeoeeed eeeeoeeeveo eee eveoee eoeoeeeeoenes e@eeevee? eveeeeevee e@eeeeeoeve eeeoeeevee @eeevieeve e 23:6 OS B''O'e 8" 8 0 eeeeoeeeve COC CEHH OO HO OS O19 © eeeeeeeoe eee e@eeeee eeeeeeeveeee ee vieeee ee@eeeoeneoeveeeeoeeeee eeeveeceeneeoe ee ee eee eeeeoeoe ee eoieeseee eee eereeeevneeoeaeeovieee? e@eeeteoeoeaeeoeoeoeoe ee OGG eeere ore Ce HO HOC OSC eeeeteeeneoeeeeoiaoeesd ecorvreoeewonvoeezeeoweeoe eee eeeoeeaeeeoe ee © ee @ @ eeeeeoeoses ee eee Cie Chapter. 974. 253. 290. BTS. cevcccccce cee TEL. wcreccedee ces BSE. os civcewesers oe © OS O19 &O © O OBO eeeeaoevoeeeeeseo®8 eoeeeeoee e eeeeveeeoee ee ese O17 eee eeevreee cee eeeeoeeee eeeevevee ye A ee ‘ Deseeeveseevressee eoweoeeoeeoe eee GOT Atel ofalctelas eee eeeoe He cie oe @ eeeee eeeeoieviee”~ ee 18 © VEG 6 6b FEES eee ere BAS ¢ Hiei Dee edad 283. eeweeeeeeeseoeeee 3850. ee@ereeoe “ae ee ee @' DIL 6e be bu dden bee 426 5 secdsceveceds GO9. cvcscseeccees GIL. 63 66 6 Us oie aes Mi Dulsaieatenda we aie eoeewuvunree e228 @) eeeeeee ee ee ee eoeteoe ewe eos ee Sections, THE GENERAL CORPORATION LAW. _ &chedule of Laws Repealed — (Continued), Laws of LSC s s\ale-epiow ate 'eeivtaloieleie Lied ici catenelnie: die aeitale oss LOG altace < Getih.cle'ss 6 Ely 6 bat RS 5 8 ES ia) Selalaeiolg we abla die'eis'» USEC atatalan stare: a's Seas cee e Sioa o occc's s antdepieubie Liye ga fa cig e-e opite «spies Lda Senisincn che Seid eoaala eB cas croaw'sic abhah sve & Letlcresielsipicac'e Geis Gomes Ne ii eieeita cc's cette vows OEA) steve! eialare cle etn © chee LSE ihe be sleisiecstl te ameae abe perry. 4. ASR Ae AORTA tietoluie die ao atta sieiein,s LPs ogists 6 avels) edits «elas Sete oc cameo olcttdic s pis ash Ase og as co othe eidiaw.a: LOVED S plage seis 6 sittie' sie d.4.e; = 1875. S\o O12 0'O 0/9 © 0: 210 © @ @! STD. cocccccccicccscccs 1875. oe oe ccccseccccose 1875. oe vie crn or vescccces 1STE.. v0 oie 010 0 se sie cceee 18TB. 0.0 orccccpescceces STB. ois vice cccssscocses 1875. ee ea eoeee ee eieeeee 8 SP ESEGE iets on icieie ata ne at & 6c LBTB. oc.cre once aps 00005 1875. 22 vince viccrecceces 1875. «0 we v0 00 ec ccc ceee USTD.'o0 oe oss slatine cans 1875. 2108.0 016 206069082807 1875. BOseeeeoeeeee co evece 1875. en C12 19 OO SSSA SVO SOE Chapter 780. ef] 280888819 OHO S20 oe ce ebb s.«0 eels B29. ore wo 10 ole or wie 0 843. v2 wececeseves TDL, oc vccesaecoe, ULer es coctin n eH ReO Ue enys sete ee: eames ARS so3 Mere ised | 2 Se ace P Ld ceu'e's ey sats All. 1SS1 fsa sis Glabiee ys s9e BEd Dariae eae Fossa) me LOGA een slowse s alata + renieeeCleaageenite sees All. LES ois .o'e'o ss cissabt dese bo BOE Mirus sie ett os px dels a1. e's s.0'9 3 seas te cee PPROy ae aa ee o> aaah RAL ECD otoals sieis ele cha See TR Ra EE LEEDS scp oe saeiesecew niece see eee se iae PELL: BOD ssa inies sic's sae eae SLs gtporiee fou e MOSL i cic sic onic « aisle sepa that sus sug ssp. Samal EBS Li aeicone so sides s$e5 UE eos ales hie as ee: TSSL. so sass om abe po Re el see a salen sw eG ASSL. cis-civen satiate suns Ronee. sats cts eels TSS oc 0.0 @ o.ecelgetilelss ng Minas ec ous iets prey uke ASSL ..s cic v0 00 sete ns sea pO Lo Asc cee Stee Sue SDL le one vin site isin oR ie eel BiG, «sts y PUA. SSI sare sic'c-c'e chee yop pie SRO Goss sehr nore eM, BOOS ons cuie e CERMnE vee SOs as crate Best so oste aL SSL ss lie kic esate s ssp sO arins co oRiMS ss c's eae HSL iss ore ace ole Sides seals Uw nie alent s «shee els DOD's sips ole« 0 seldn slele aie ay riety cate ohare NU DB. oso vise e-s slides clam TiMMnce sistent ih cle slg eeNaL BOG sca 91s sos 0 ste Males gies Ae hits mbele > o-n 4 HEREA DL OB ose 0-0 9's eve ahidals ents MLO ce cise eRe ee ee: MRD. iecoicre''e-0\0:elehdialia o'e/etsie™ EMO cicinle sav EMete > aime SRE ciel so c.e'u-o afte niscateies Mie Us ia-e sje atiiaieicisis-ais nnn LEZ: sia oie are'e'e off gies e se ee POUUs 9 (se dueh's si eh al. WEI sie, wie-e cie'eis aff dis ¢.0 ais, o) Gs 6 o.com e see AL, TRA e tig to 0 0's Mods siege * MEAG core elas on EAE DSS2 ciswisisneo + ¢ ae ss 600 biel OR aies oi a Gatea cease?) Wal. LUSZ cioeiae. se oo thi pes onie'+ BMOOD cfc nic oa clean: LEaal LSSZ -lsisiee ate ninttie selects co FLUE ania ele aeediale cinte a IARC Le ASBDs sesso sisi sails» sane DUEL Uinlelatel Mates nicla, Smal LESS 7. 5 o c-c'ne eaiek ne science ahh aos ca meten's ace spe as THE GENERAL CORPORATION LAW, Schedule of Laws Repealed — (Continued). Laws of 1883 1883. eeeeeoeseoeeo ee oo ee e210 @ eeeeeoieeeee ee ee 86 TBR eettcic eet sr ce cee 1883. eeeoeeoeneeeveeveere eee eeeoeeee eeeveeeeoeo eee eoeee e e ° eee eoeeoene ee eoeee eeeeoeeveeve8 eeeeneee eeoeeveeoeevee eee ese eeeeoe . . e@eeeeees, eeeee e@eeee ° . eeoeoeeeveeoeevee eee ejee eeeeereeeeeee oes eo een eveoeevere eee eeeeeseoeereeoee e's eeeereeveevesves eevee e@eeeeeteeev eevee 86 06 @ eee e@eeeveeeee ee e@eeeeeves eeeeveeoes e@eeee eee ee oe @eeoeveeeeee eee eeeeeeeee ee e@eee ceeweeev eos eoeaeeer eee eee eeeee ea eoeeeeeeeeee eeeeveeeeeeoeoeeee eee ee#meeee ee oe eeseeoees 1885. eeeoeveveeeevesvee viens LEN clviow.e vo sieesanaeeen Chapter. PU tatdae reed dee DIU raed cca ee 232... ‘eee eeoeeereereeve see eeeeeee8 ° eeeoeoeev ee? oeeeeeeaeeo ee eee MAA. co cccccccccce S4i050% ce cccccee V2T. cc cecvccscces VAL. cccccccccess Sections, ‘AIL All, All. 43 THE GENERAL CORPORATION LAW, Schedule of Laws Repealed — (Continued). Laws of Chapter. Sectiors. ILSS5:.'s 6.o'olereioce ate eee vereceele Liss caves Gide a ieee All. LSS5 « . ow ove hal Rolea see uk llvtetsrs athe nae oem: 1885... 0.0 0 ot ssl sine +O ave ls sels Sale sisal ABSS. Vs te stare ctbiieeie’s 0 6.6 ODN n= e ottisliiele'e's os ae TSS5.sis ents s + ae hs &: piece fc Eecdine so steinials 6 slals co me asi 1885. vies ccccdeeees BOE ROR IER Pepe Ve B EN TSBDs 2 sles oes edeine + Chie = ctl es 5 feleiels «+o ce ae TESS. +s ci orm 0 eR es SPE EIGN. ips GE MEE TBED Fees cles CER sicivcic’ | OOste dies PEiiels «4 sees ELSES «aonb: 0's ese ei aretate'e hl Oa Ue ecle's FMiele erie ala hee HBSS. iso ove's,0 0 ectleieie’s sinle © mei Denis clx saleinita s Ciste oak tLs SSE > 6 ssc0.6 no biedeoiste «ete! SLO s wise ste Mie a mte RUE ABSSG 5. cnsie, or. «betes oles nie) Louahaistee eM shovels ocameeh tae ROR es oie sle « bial oil sip's'e thea dicie tie so ekl'e, tel cape ek UL. LSSGs oc o's tcn's otal s\cielp ciomiisl-g Luleigi eieintiiates sce kL: LESG 2:.ic 0:0 016.56 bys v'n,b9 sIMMIDEG «cia sitle «4's a's SEALs LSB6 . 6. a0 00» abtulp civic oo 0: |AOas ns sisvisle's bees 60) tube LSRG.. 0.000 os cthiste see's we) (4LDs coc shlals vests se) Abs LEG. sic oveie so laheete piele(e-s p Met OUclore ste statins ote wma ok Ls LER . ie.0s eine ehtats 180 6 soul J Oder s bio alsin sacle o gma, EBS oie 5 oaoccchinis sed ae es Dhak «> rieanee ce em uats ASSO. 5 's'o.0 0s ered te aisle cle Jf DOU tas 6 /iewes eccteais PEE LL: LSS G 5: s:0 snes wie olathe eceisio's aM DO Seslcls oeieieatain oa pee Ae USSG <'.:« vie oss alesis ofhiss souk OULate se], eRe ins cc scene LESG ale mons weleita e's nis oat GUie os Meueas vc ae eek DESO ciate e's sds Mee SPS Pe Sapo oct bee ASO ss a's/e'e 0’ afd 'ele «tle iin.n dl Ottis «6 petri vise Ls SST ctsiwie's e/a’ off ihe mivicje.d.0y 2 Aes to Cena als ses oA LEST orcs 0.0 6: fd die'n'e's os 04 1) AOMKG vin Sigh Sihs wip 8 cle er tks DBS. acters ne sels Vind ines uJ DOMES s eee waiee poe OL ASSL ois yee o sities « w.010 v0: Ol Onwiele eiimasvs.s ee) lls LOST is wate o's he fo 61s 0 0.0/0) Glib yc iinet ’s sate ABST i Aeieia ae cde Bois cio 00.0) + Ocaaiilels wdtials 6 wis sip cre abide LBS Tc siestec ei Aihe 6 tiesersihl LIEN. leider esictiesies Atle TERR elec wise MO .e n of cc's LEOs se Mitdice ccnp ets ALL ABSSRs'a's'sls we oe Seid soe 0), OU Esme wichtisle eipas cu tails LESS 5 ie cls ashe Soc tie wine nek OL iets Wels pode sma Le THE GENERAL CORPORATION LAW, Schedule of Laws Repealed — (Continued). Laws of ISG. oc cleaieiates ee welsh BSSG Wetec 6 bic c 0.6 0-08 1888, 1888. 1888.. 188s. 1888. 1888. 1889. 1889. 1889. 1889... 1889. 1889... 1889. 1889. 1889. 1889. 1889. 1885. 1889.. 1889. 1890. 1890. 1890. 1890. 1890 1890. 1890. 1890. 1890. 1890. 1890. 1890. 1891. 1891. 1892... eoeeeee eve ee ee ee oe oi eeeeoeoeaeoea ee oe ee eee: eeoeoeereorne eee eoeee eer ee eee eee 08 08 oe O) eeeeeeeoe ee oe 0 0 0:08 eeoeere overseers sive eseeeoeeoei_ e888 88 @ eeeeeveveeevee eee ee @ eeoeereriseeeses ofon e eeeeeoeveev eee 80 @ diojate: $00 Sis's aia. sie 6:06) eeereees ee ee oeveeo eee eee ee 2080082 &o oe @, eoeeereereeeaeeeeeoe eee ee 6808 62 08 0 @ Oo @eeeevee eve ee 0 6 O19 @ e@eoeeereneveev eee ee eee eeoere ee eee 80 6 Oe OF eeeeeoeeeee2 oe © 8 00 & eeeeeeereeoeeeeos ee eoeoseeeveeveee ee ee eee eeeoeeeeeveeeo ee ee eed eee ee ee oe eT ee eee ee viaeeseeeeees eeoereeseseoe ee oee eee e888 FO 6 8 Oe 0 © 0 Oe 010 00 0-0 re oo oe 8 ce eereeeeseces ce oe eo STH HORS OHT EO EEE eee eerees sees es o@ @} 08 Oe O80 Fe 8 00 04 oF eee cecioee cs oe clee Chapter. 359. eseoeeeoeooe eee Ges a ceri cle wa eins Mik katate. dtatete: eel ta 462. 513. 514. eeeeereee ee e280 eoeeeveve eee eee eeeoeoeseeveoe eee B49 8. cldeccccncce BE. Severe sie a0’ Ones (>a 236. 242. pd ee AE Sa a GUL. cc viaceasec cee BOD... 000-5 60 6'4'0-019 426. 519. 524. cseoemeeooeoeve ee eed ceeeereeeoeee eeeeereeesreeesd eoweoeeeaeoev ee oe e eeneeoe e008 8 @ eeoieeeeoen ee 80 @ eeeeoeveveas eee eed eoeeeoeeoeeeeeo ee © 416. eeeoeeeveeo ee 88 @ BONNE tite's ¢ oa o ASS 1 sa ators aretters oiacet ATs cath cate piece BOee Siclaelate wile akc iote BOS. 2), sete erste oon ei Base cele ss e208 @ SLs. sate ee e208 00 6@ © NE cite dis wr clodes aaa Wau kn Sa abtne ee oats eoeereeen ee ee 8 eoeneoeaooeee eo @. eeeeoeaoeaeeoeoe e028 eee oe 8808 Oe 68 0 ceeoeooeoeeoe eee eo @ eoeoeee oe eee 8 0 0 Sections, All. 44 THE GENERAL CORPORATION LAW. Table Showing Sources of General Corporation Law. CORRESPONDING SECTIONS OF Previous Laws. Sections of (yeneral Ccrp. Law. R. 8., 8th ed. ; Year. Chap. | Sections, Li. oe A065 EEISOO, .. BORO. os ecdesonees reebesueete. Ueeee Dic eee OGD FPAo ss. ie 5 ose NCW gs ay aio s sis uiriees tee sea eee Bs iectiene ADCO cds ar) wa oie esl thel oi se Cl Leet es i DOS Leen valent 877 3075 R. S., pt. i, ch. 12, tit. i 'sg Liss ia'reo sia lerenevonLl Ley) y Reem ISTI S88 eel 0 ets. Ste Apaeoneaso La) meee ASS2.. 409 9214) L1G o vais. c ceseine es) L000 aan T3007) BGS 2 cos ange bine eee ese RAO Ober. Boos A0GG 800 TOC acs a cp cies ols cn citelss- Maeete eee Ooo. ee L0G ES LT QO WEL eee ee ents Sis cfoletetelete'e! LAN ~ abel 1848 Cie plisiasiscdietelnia cane eater 2075 1244 1848 40 1, as am. My L. 1890, CH gOS) co.» + cmoments e400 sel ase SES TF 09 Bi Lirnsls sigiets sine s ove vistatere ea 1509 326 TEAS 1126S A ese awe es vceceece 2060 “SOSL S50 «6 140% cL sadaven Fe cele oracle --. L738 2401 Aes es ebisadle ses Gate sass as os RAS UU ee ASDS LOO oes ata « oe ase eiars eee 1847 1159 nets a br BOA Wa ee waa a santo. ... 2063 3034 TRUE oma cess eciccee ss © secest ce AGOts gtiae 1S54* 269 ates eer sy eoee. 2067 18386 ASH Tea sOLB EL. s5-cittetets asin» da velewacs e0Ge) UEeke ASOT Mls DOM na gti aae eaeces 20to 55 1861 149 1, sub. 3. Shia \i'a seein s 4 tO Lae ASGG Np SOS U2 mas vag tciss * ole Simian .. 1967 1884 ASG S 0 (4a ilies sie e ee ee sees .-- 1876 2735 IB T Rr ee ZA Seal eer eras Ree ees .. 2007 914 AS TEx LEDS ye o:clattpers eseee 2001 1394 1878: OBR il ee nthe sac ce east s oo. 2074 56 ASTD.) Olli gAes cagaeis so er oe LOT esis 1881 PAO es a ASE Spor Ae W 6-7: SY Wf Batali Bmeriss Rm Wee area ccc ceceece -. 1998 358 1890: : < 568: Be ss cd See Weir sec cer eens Ve Gs inn AOOTIFISLS _ BISIUDIS, cetins ss aa tiene? o's pe ud epseet DSGS AGG eA eas cea cne coos 1641 21083 M4) 4 282s eas canes s.a/e'e ss sc ain.e'o LCS TSiD? CLL a Sites 6 sic'es sie 6 ase ey ise gtd Ss Gooces 00g Lott tall Lite ces estes hs sata sseee SLORO 1883. 175 1,2... ccccccccceces L803 1620 A890. HGS VA hen ccensepesneestcner? Gane THE GENERAL CORPORATION LAW. Table Showing Sources of Gen. Corp. Law — (Continued). Sections of CORRESPONDING SECTIONS OF Previous Laws, Sections, eres ays 4067 8..... 4068 Oo ..5% 4068 10. eace 4068 17..... 4068 1870 1881 1890 1888 1890 1811 1847 1848 1848 1848 1848 1850 1853 1853 1854 1857 1861 1866 1867 1869 1872 1872 1873 1874 1876 1878 1852 1885 1885 1888 1890 eeee 1890 De ties eee re eee 1732 DLs ht sol cluioe'« eibtetstlta’y: 4 1770 Thies. alvio ef ale cre: divbahoney o'.0 jo aciees aio aiaiele « sMEERES oo: of told Se eke W355 Gaal. hades els'afenibe «s'6o,© «ate : BS hast ies: aibhade's: weet se cea oOU i @s. hes @ataae as; spol ows 6 1477 Sd catein's oievele' « < wievetbin’s '« sere Ct Dn celui orf eo since et’ CRO aE. ta rasta ex oleae © « Pere Bb ddbs ah: s slates o's: suatioke ¢ 6 4% 2061 i AS ¢ ters: cakes» wel ahead eA WEY) De oa « dette ao ctdsielt a.0\¢ 2 Looe DL. ahs 6 atuasiehs, ose araheieks cose 1848 Didone ateie Mteae eke armas eis - 1856 Di fa shel o 'atetete’ o's areiiatets 6 eee 2085 Aas sist 5 Sioa io averse see eeie. LOUD Odediares a cpiee e's ehatrels «ys 1763 Rbigtate © suanesed 0. « Wpheks oe deselott. AED. sates © < achive a iekveie «Late 3 oe ar eis cso) ee LG weet + sisted €sieieele.« eae re Le Digirag «sere e's avetee, 6's BAW RG a itastaty« etic a afeuieteipi efe.n i elt Che eae seieie "stip Naps Jae SOU SNE cpes pe eistale.s «:scsteiae cece SOthS Disc osha S's suaima eras oer ceca Ate ats' ois ieee it aiereare + cece uuu Oe pia \celt ies « sisters PGR’ Writ fs 4 Wah ak cite oleiin ov ssisnecn eee ©: « 1879 he Reecr Codere ood... R.S., pt. i, ch. 18, cit. 3, oa et ea 1722 R. 8., pt. i, ch. 18, bits, Le» Se . 1468 R. S., pit, ch. 18 uit. 8, §§ a Wile c's mites 9 8, © 1728 R. §., pti i bee ape bs tit. £, § 6 Cs anes ee Line DecUMt aces vee cess + oasis Leo 46 THE GENERAL CORPORATION LAW, Table Showing Sources of Gen. Corp. Law — (Continued). Sactions of CORRESPONDING SECTIONS OF PRrEvious Laws, Nowra -eLBapp ed., pp. Dp. Corp. L Year. | Chap. Sections, ue Fare 8 4068 1848 OUT Ly Ag tad: aw vereee tele rien 2075 1245 1849) 4402 Teen Sites. 2 1955. 31890 1948." 259! $4;"gubs, 8). 5. wv eee. con, L000, ee B16 ZOD GLO nt cs ivth «oo oca.4 6 ante -. 2061 8032 ABLO"* *SOSNSIO, aici 0's '¢ era's es cree Oa de TS5O'Y D1UL0 eo oO cakes segte icles 6k TOUSRaeUL ESGOs) LA bails tal cr aavae sis een street? -- 1992 348 p Pale iret bla hip hohe tp Ce: Bee oie Loti eioe SOS fy 5 Od buck meats oc sels te aiare ets --. 1667 1608 1806 OG MCLE. Sa ess cates ovine oii Ou eee) TRb4i "O82 EHO T 86 ee ee ee ce CIR meeneO LST)! O00" 2, le aietami so ae Alera A ee BO lag 185715 T7616 FS ee ee. oe 20T een ASSO IGS IIR ai oo ere ten COTO MEET SG. pA co hc \etg eslea/eracae ce anion © Hartt k aimee Greets 1867 960 Sep eleigie g.8:0 4 Sania 6 @ eabb tel menens an POET CSOT IMTOO ee eect a eee OME TFG piled YC Wat kee Serna earypea tsi le ued oh TSTL LST Esmee ee ee neds See ES AST |) Eee L872: [348 SONG T ty cee eee UT eT 1872) "282090 1S een eet eo oe 1873" "PB97° LS eas ae etter ns oe OO OEE TStstr GIB eA aes ewer? 1907) teens 1874) 143" 20715 17) eS 0nd BoE 187A COS8*¢ O78 ee ee ie (07k eee ISTES SOGTOIO ee ere eee On Tae ISTE? TASB NOPE Se Le ee 187527 B11)49°0 eS eee, 1970 ee 1875 (AGIs are ee.) epee, . A GULaeSS TST 2B eh G mee aeee ls ceamentes : aon med ae ISSL., S51 Sean UN eee. Or etecs ss olde omnan 1882 °° 7973587. 05 CON Meee. ee Ot te ISRO)! ©4093 207F ce Ser ee NCS RRM fi Re Ree ogo sR LPL) = 1888 175. AS Re OREN: COS Tene A884’: S67: Ae Be ae Re 0 eee 1886.°'236 78 Nas. SSS 20a a8 BERG: CBTINED ARTS VS och saetc ee amet TED) 1897 "646 F118 31 Ree an Seog. 20 ISSSS 2293 57" ge) ec eer tL THE GENERAL CORPORATION LAW. a7 Table Showing Sources of Gen. Corp. Law — (Continued). tH f CORRESPONDING SECTIONS OF PREViouS LAWS, Sections of |p g sth Ee BS, Oli, Barus, General Jed.Supp. corp. Law. Year. Cuep. | Sections. DL eae cea COS TEAL ONS Sh OOLS POs toc ve ese Teboe sakeeuols aa ASSO 4 = VBS ha Bik Go eile oo slo ce ne ef we wel Teen 12..... 4069 1889 . 191 ae, am. by L. 1890, cli GUGM cats ose WRN e's cu aie eon, ae scene's 1 CUOUTL BOOTED COU alt Ay ec ctdaescthes wees Lice | OIF BOO a eS: iL O-+ sate « oltle oso ote ices, Sek care: ¢ a see ee O00 t ADE uelSO! tke 3 is oo ole < «athe iM Wweclice= USe ASOOwr OOo hdd clk cclelee cs ot ap SA Ge wicca Ges 20008 tte tases LNOWE wc ec ctees iia s cle: ce wes iherere ¢ Deere oe AOA PaO ee 400nw dancetee ove etc see tes ely ey Oi SANE | TEOO re OOSee 1S) as ote oe toetele oc coh deigic | usae TeSeicie wee AU CANE Le me betty bal e'igg avec cttuehe's sistem Bloc sewtidiog,. aos) LEGOCSs OGGre LS Sen. clctee a's cistetee o's ss Take tee oe LD, sce SUTLS* Vetht set el i bee Bo Paed, CHES,” tit. ahs ON Latches ne mrwtetelele atte 1723 = 6738 1 ho TRL Io mE OTH ite oe Stine een ce 1950 1876 ZU vee eT AOUL* oe e'c* ee sere dee Oa, pol chs, tit | Lr Se Oe. =f 9 SA 1465 3208 eee eeee R. 82 pt. i, ch. 18, tit. A, a5 OR... Sones ye SL 130 Oso 1811 67 3 eeoeovoeeoeeeeaeeeee eee e eat 1949 pee 1848 SI RGGi'.5 Sh. Golan BM: ere 4 Uke Be 1848 GDR BAWLU 5 tales os ccttbeess 1900) Lode SSL eee 122s 515 wipe ccleet ce clteha cess LOOO, 9346 1803 > S115 Sy cL Te. eee ccs pee P ee ee L092 ote 1853i9 8185; 64; Bi Ke ss aeteee sos . 1848 1160 195405282) 53, 2 REE sis . ERE eee 1854 2029 IBS lee OAC, F177 Bove cceeaese es 2080 1281 WSO17, 149, 95/42 ch c tane a aele ult cose. 2005 2148 3605 4 £9145 O14; tee see SeseGebaace LO -2taG A Ay PES ye wie wholes 0 okthiei-s pee e008.) 915 15(450 0143, S11 Se Se PRRE Gs... 2003. 1396 2550, 65510, 92 Cae hs eaten's «ss 1793 2404 elses 7468, 100. eRe. + slaeb.« ses 1769) 2404 © 1882.~ 409, 170, 199-201 . sseas..... 1551 204 1885. 538 20 ..... Wisisiece sbeiebeces 1018 2013 1887 546 16, 17 eeeeeeeaeeeoeeeee 1599 3202 48 THE GENERAL CORPORATION LAW. Table Showing Sources of Gen. Corp. Law — (Continued). Bections of Role CORRESPONDING SECTIONS OF PREVIOUS LAWS. nah ak a Corp. Law |°4-Supp. Year. | Chap. | Sections, 3 Pee 20.0. 3S OTL S87) 050s 4, ee tee. ee Meee bea lLOos. 1 \ Gos L590... 564 (5455. 9i% Pests. spitietes c's Malet se” etre 21 ine ct0T2) BEL OT GBM Rhis cake op earns end 040. “18to LESY Wy Geir IN Seles bo ety ae Beh ae os oe 0s 0 eh aeSeD Mesa 1848 OVE (Oy evoke omfdiels oo belek cose LOVE 1245 1848 ADS 3 OER « cRibie « » sleleiah sas ot LUOUN pista, ASO atLSD, wa cee ca Fah. eG etek. eo. 1653 1582 TSS. AGS TION Fe. eine so olaiets 5 ooo L769 2464 t1882 i AGO Ogee re oe en ea eet » 1551 204 2885, 1 b538e270 55. 6» seme os ee ee oy ee be: 1890, ) 3564 254" 3"... Rea. eee PI ee cle che Boe csc 4072: 850. 1.010, B20. 2 yes ste ea oie ~o 1793 2404 71882 | 14007 202-49 Seas... see Fears 1000) 209 ie AS900) S6Sy C4 seal ca cep ec es heirs c- \aeees PS ve 04: BOTS Uda thes . eee bey Pt c1,..ch, 18, tit. 1S Fe) en Pe AE 1464 3207 1796 7 Se hi i: Se Pa ringirs . fi cdiueel Bo 1811 GLP Wives le ciecee os oie ss deren lua: MioLn 1848 Bis 4 cde s ounce sievicicecoaemeul oe TLoau 1848 rs BAS” RS) SA Acree Lalita Then y: 1848; 22019; 6450) Bs ee APS >t Ore Tc te eH 1861. 7122 C14 Ge eee: os atts ne ne lOSo PEDEO 1853>. 117.04). 28 oes combed ss ROD owe 1853. 2185 ST ee Ue. cork eine y LOS i200 1854). 232/455. 825. REP..o. Feet. o BLSbO 2020 1857: 3546: 7452. 26.:. 999. . eats evel age TSG61, 5149 25.4..b, ORS. sae kce COUS ames AST24/ 0820, VIBE. os okie ss ohh soc ot OULD ME OPO i of od wily obMEL bso eke UD eeaass 1874! CIAS Sd) os ee ee hp oe kaei mes 6 20s Gaane 1875. F267. 2B weak tie sp hee ices tb cUeO alee 1875. S611) G27 ine BEES. Redes s vlc smote a ee £073 «41875s (61S. S467. 44. .Ghes ss Sper... 21605 2220 ASSL. SSLIIR EE, Ok less beeee os eulUmmaoe 1882: -2 409. 2206 OF. 200. se tel. ce JOOL omen A885: 6 OSS. £21 Le. Wiese Weebeces Li loumeeuao ASBG. 1 286-9 ins Cae cee kc ov eM hens. catia eee ASST: BLT PS IT tute ss See has Lee Loe ARBT+ <= 501+ 8S) GS. ees ce Sede cst tone SBaGT 4 ececeoeeoeoeoeeveveeesee +e ee 1592 662 THE GENERAL CORPORATION LAW. 49 Table Showing Sources of Gen. Corp. Law — (Continued). CoRRESPONDING SECTIONS OF PREVIOUS LAWs. . Sections of B.S., 8th General R. S,, 8th) Birds rp. Law. Year. | Chap. | Sections, Ss PO PaaeaRP EAT OF LOOT. Aeon Ie | de Releeie Beets © eee case 2014 2151 SOI Ta” EyOeh try LO Gece aiabebele ee ninsan are: <,4)0.8 cece wane Ese DA ehUIG . cee'sis on ne) d¥e.ho5 De i, cli 18, tit. 4, § 8 esate oe CAGees Pym kieO-. O50 TS85. 2 e480 80 6. ees veseddaueue ce hia = One ASUOR OO. Uo, OL ct eres iclewismivce: ooes! Geese Bes sent Sac SSO SOe 9 By hoy cle dares Sadeint see td bale) 68o DESO. 1OGE eS “cme s'siniv e soeneeie mie: ais Bhixais, «(04a ae: trace Gece teh 14) ISSO. 489 1B vids ecesiete ddasees. bteo.- Obo TBO (TOOL. OO" vices seine sa sitininieits © 60.8 coe 0c50 ot Sy ATE. ewe wit o ced teu. r, Diats, Ch. 18, tit. 4, Coa avee,deeib's wre whe wewerton,..) co 1882. 409. 210-3 \« dsieec ce sieccivie' eaieybOULds ak FROO. SOG 91D oan atcha dials prea octet oi bt a ate ae Oe ae AUC ue LODO.) ASO sl heise oe wre o'er etapa OER L Mee OG. 2 au Oa EBSCO ey DUa MLO cde s de dara belniamis.o4 o cece weve: 4) Daag 4075 cece sce R. S., 0 i ch. 18, tit. a : § 11 aiplakc a's ieee ane 1465 3208 RB. S., he i; 6. hae vite, BiG Miicclauree-ea Gielas aiden L toe Oto 1812 O02 Ninis sss is s070 eveccccce ee 1949 1876 1848 EY PI PPO Ee PE cocee 200 §=1245 TAS TAO Becton ca sores weet oc. 1956 © 1892 1862 Wig 2235 ‘cc atitele’s a 'oleleie'e'e coovese 1950 2025 DSBS phir kl WMethtese(eelirats ois idesieter vill cOLe LORS MLO Suixe hala'al sini. scaiena a ecoee LOST 1160 LS53 = A OUO0 TAG | cast aicnaltetwiaies s\0) ' § 288. Omitting to provide for child— A person who, - 1. Willfully omits, without lawful excuse, to perform a duty by law imposed upon him to furnish food, clothing, shelter or medical attendance to a minor, or to make such payment towards MEMBERSHIP CORPORATIONS LAW. iT fty maintenance as may have been required by the order of a eourt or magistrate, when such minor has been committed to an institution; or, 2. Not being a superintendent of the poor, or a superintendent of almshouses, or an institution duly incorporated for the purpose, without having first obtained a license in writing so to do from the board of health of the city or town wherein such females or children are received, boarded or kept, erects, conducts, estab- lishes or maintains any maternity hospital, lying-in asylum, where females may be received, cared for or treated during preg- mancy or during or after delivery; or receives, boards or keeps any nursing children, or any children under the age of twelve years not his relatives, ler wet pupils or wards without legal commitment; or, 3. Being a midwife, nurse or other person having the care of an infant within the age of two weeks, neglects or omits to report immediately to the health officer or to a legally qualified prac- titioner of medicine of the city, town or place where such child is being cared for, the fact that one or both eyes of such infant are inflamed or reddened whenever such shall be the case, or who applies any remedy therefor without the advice, or except by the direction of such officer or physician; or, 4, Neglects, refuses or omits to comply with any provisions of this section, or who violates the provisions of such license, is guilty of a misdemeancr. Every such license must specify the name and residence of the person so undertaking the care of such ' females or children, and the place and the number of females or children thereby allowed to be received, boarded and kept therein, and shall be revokable at will by the authority granting it. Every person so licensed must keep a register wherein he ‘shall enter the names and ages of all such children and of all children born on said premises, and the names and residence of their parents, as far as known, the time of the reception and dis- charge of such children and the reasons therefor, and also a cor- rect register of the name and age of every child under the age of five years who is given out, adopted, taken away or indentured from such place to or by any one, together with the name and residence of the person so adopting, taking or indenturing such 118 MEMBERSHIP CORPORATIONS LAW. child; and shall cause a correct copy of such register to be sent to the authority issuing such license within forty-eight hours after such child is so given out, adopted, taken away or inden tured. It shall be lawful for the officers of any incorporated society for the prevention of cruelty te children and such board of health at all reasonable times to erter and inspect the prem- ises wherein such females and children are so boarded, received or kept, and also such license, register and the children. (Amended, chaps. 46 of 1884, 31 of 1886, 145 of 1888, 325 of eae In effect September 1, 1892.) 5. No institution shall be incorporated for any of the pur: poses mentioned in this section, except with the written con sent and approbation of a justice of the supreme court, upon the certificate in writing of the state board of charities, approving of the organization and incorporation of such institution. The said board of charities may apply to the supreme court for the cancellation of any certificate of incorporation previously filed without its approval, and may institute and maintain an action in such court through the attorney-general to procure a judg: ment dissolving such corporation not so incorporated and for- feiting its corporate rights, privileges and franchises. (Subd. 5 added 1894, ch. 171.) Fursman vy. Van Sise, 56 N. Y. 435, 444; Crowley v. People, 21 Hun, 415; 83 N. Y. £64; Cromwell v. Benjamin, 41 Barb. 558 People v. McDonald, 49 Hun, 69. § 289. Endangering life, etc., of child— A person who, . 1. Willfully causes or permits the life or limb of any child actually or apparently under the age of sixteen years to be endangered, or its health to be injured, or its morals to become depraved; or, 2. Willfully causes or permits such child to be placed in such a situation or to engage in such am occupation that its life or limb is endangered, or its health is likely to be injured, or its morals likely to be impaired, is guilty of a misdemeanor (Amended, ch. 145 of 1888.) [Who is custodian. Officer of benevolent institution. Cowley v. ee 11 W. Dig. 516; 83 N. Y. 464] MEMBERSHIP CORPORATIONS LAW. 119 § 290. Permitting children to attend certain resorts—‘A per son who, 1. Admits to or allows to remain in any dance-house, concert saloon, theatre, museum, skating rink, or in any place where wines or spirituous or malt liquors are sold or given away, or in any place of entertainment injurious to health or morals, owned, kept or managed by him in whole or in part, any child actually or apparently under the age of sixteen years, unless accom: panied by its parent or guardian; or, 2. Suffers or permits any such child to play any game of skill or chance in any such place, or in any place adjacent thereto, or to be or remain therein, or admits or allows to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof is smoked, any child actually or apparently under the age of sixteen years; or, 3. Sells or gives away, or causes or permits or procures to be sold or given away to any child actually or apparently under the age of sixteen years, any beer, ale, wine, or any strong or spiritu- ous liquors; or, 4, Being a pawnbroker or person in the employ of a pawn- broker, makes any loan or advance o1 permits to be loaned or advanced to any child actually or apparently under the age of sixteen years, any money, or in any manner, directly or indi- rectly, receives any goods, chattels, wares or merchandise from any such child in pledge for loans made or to be made to it or to any other person or otherwise howsoever; or, 5. Sells, pays for or furnishes any cigar, cigarette or tobacco in any of its forms to any child actually or apparently under the age of sixteen years; Is guilty of a misdemeanor. (Amended, chaps. 46 of 1884, 31 of 1886, and 170 of 1889.) 7. No child actually or apparently under sixteen years of ago shall smoke or in any way use any cigar, cigarette or tobacco in any form whatsoever in any public street, place or resort. ‘A! violation of this subdivision shall be a misdemeanor and shall be punished by a fine of not less than two dollars for each offense. (Added by, ch. 417 of 1890) . 120 MEMBERSHIP CORPORATIONS LAW. § 291. Children not to beg— Any child actually or apparently under the age of sixteen years who is found: 1. Begging or receiving or soliciting alms, in any manner or under any pretense; or gathering or picking rags, or collecting cigar stumps, bones or refu.z from markets; or, 2. Not having any home or other place of abode or proper guar- dianship; or who has been abandoned or improperly exposed cr neglected by its parents or other person or persons having it in charge, or being in a state of want or suffering; or, 3. Destitute of means of support, being an orphan, or living or having lived with or in custody of a parent or guardian who has been sentenced to imprisonment for crime or who has been convicted of a crime against the person of such child, or has been adjudged an habitual criminal; or, 4, Frequenting or being in the company of reputed thieves or prostitutes, or in a reputed house of prostitution or assignation, or living in such a house either with or without its parent or guardian, or being in concert saloons, dance-houses, theaters, museums or other places of entertainment, or place where wines, malt or spirituous liquors are sold, without being in charge of its parent or guardiam; or playing any game of chance or skill in any place wherein or adjacent to which any beer, ale, wine or liquor is sold or given away, or being in any such place; or, 5. Coming with any of the descriptions of children mentioned in section two hundred and ninety-two, must be arrested and brought before a proper court or magistrate, who may commit the child to any incorporated charitable reformatory, or other institu- tion, 2nd when p.= rie awh ce ee he enc, Gates eae hk —_ %) MEMBERSHIP CORPORATIONS LAW. 127 -§ 661. Throwing substance injurious to animals in public place, a misdemeanor.— A person who willfully throws, drops or places, or causes to be thrown, dropped or placed, upon any road, highway, street or public place, any glass, nails, pieces of metal, or other substance which might wound, disable or injure aby animal, is guilty of a misdemeanor. 25 Abb. N. C. 40; 15 N. Y. St. Rep. 939. $ 662. Keeping milch cows in unhealthy places and feed- ing them with food producing unwholesome milk, a misde- meanor.— A person who keeps a cow or any animal for the pro- duction of milk, in a crowded or unhealthy place, or in a diseased condition, or feeds such cow or animal upon any food, that pro- duces impure or unwholesome milk, is punishable by a fine not less than fifty dollars, or imprisonment not exceeding one year, or by both, ’ § 663. Transporting animals for more than twenty-four consec- utive hours, a misdemeanor.—A railway corporation, or an owner, agent, consignee, or person in charge cf any horses, sheep, cattle, or swine, in the course of, or for transportation, who confines, or causes or suffers the same to be confined, in cars for a longer period than twenty-four consecutive hours, without unloading for rest, water and feeding, during ten cousecutive hours, unless pre- vented by storm or inevitable accident, is guilty of a misde- meanor. In estimating such confinement, the time during which the animals have been confined without rest, on connecting roads from which they are received, must be computed. If the owner, agent, consignee, or other person in charge of any such animals refuses or neglects upon demand to pay for the care or feed of the animals while so unloaded or rested, the railway company, or other carriers thereof, may charge the expense thereof to the owner or consignee, and shall have a lien thereon for such expense. 25 N. Y. St. Rep. 250; 6 N. Y. Supp. 837. § 664. Setting on foot fights between birds and animals, a misdemeanor.—-A person who sets on foot, instigates, promotes, 128 MEMBERSHIP CORPORATIONS LAW. or carries on, or does any act as assistant, umpire, or principal, or is a witness of, or in any way aids in or engages in' the fur- therance of any fight between cocks or other birds, or dogs, bulls, bears, or other animals, premeditated by any person owning, o* having custody of such birds or animals, is guilty of a misde- meanor punishable by fine not less than ten dollars, nor more than one thousand dollars, or by imprisonment not jess than ten days nor more than one year, or both. § 665. [Amended 1888.] Keeping, etc., a place where animals are fought, a misdemeanor.— A person who keeps or uses, or is in any manner connected with, or interested in the management of, or receives money for the admission of any person to, a house, apartment, pit or place kept or used for baiting, or fighting any bird or animal, and any owner on occupant of a house, apartment, pit or place who willfully procures or permits the same to be used or occupied for such baiting or fighting, is guilty of a misdemeanor. Upon complaint, under oath or affirmation, to any magistrate authorized to issue warrants in criminal cases, that the complainant has just and reasonable cause to suspect that any of the provisions of law relating to or in any wise affecting animals are being or about to be violated in any particular puild- ing or place, such magistrate shall immediately issue and deliver a warrant to any person authorized by law to make arrests for such offenses, authorizing him to enter and search such. building or place, and to arrest any person there present found violating any of said laws, and to bring such person before the nearest magistrate of competent jurisdiction, to be dealt with according to law. 48 Hun, 275. § 666. Running horses on highway, a misdemeanor.— A per- son driving any vehicle upon any plank road, turnpike or public highway, who unjustifiably runs the horses drawing the same, or causes, or permits them to run, is guilty of a misdemeanor. § 667. Leaving state to elude provisions of this title—A person who leaves this state with intent to elude any of the provisions of this title, or to commit any act out of this state which is prohibited by them, or who, being a resident of this MEMBERSHIP CORPORATIONS LAW. 129 state, does any act without this state, pursuant to such intent, which would be punishable under such provisions, if committed within this state, is punishable in the same manner ag if such act had been committed within this state, § 668. [Amended 1888.] Fines and penalties, to whom paid.-— All fines, penalties or forfeitures imposed or collected for a viola- tion of the provisions of this title, or of any act for the preven- tion of cruelty to animals, now in force or hereafter passed, must be paid on demand to the American Society for the Prevention of Cruelty te Animals; except where the prosecution shall be instituted or conducted by a society for the prevention of cruelty to animals duly incorporated under the general laws of this state, in which case such fine, penalty or forfeiture must be paid on demand ta such society. A constable or police officer must, and any agent or officer of any of said societies may, arrest and bring before a court or magistratc having jurisdiction, any person offending against any of the provisions of this title. Any officer ar agent of any of said societies may lawfully interfere to prevent the perpetration of any act of cruelty upon amy animal in his presence. Any person who shall interfere with or obstruct any such officer or agent in the discharge of his duty shall be guilty of a misdemeanor. Any of said societies may prefer a complaint before any court, tribunal or magistrate having juris- diction, for the violation of any law relating to or affecting animals, and may aid in presenting the law and facts before such court, tribunal, or magistrate in any proceeding taken. The officers and agents of all duly incorporated societies for the pre- vention of cruelty to animals or children are hereby declared to be peace officers within the provisions of section one hundred and ifty-four of the Code of Criminal I’rocedure. 15, ADD. Pr. (N.. 5S.) 09; 2°N. Y.°St. Kep. 80s. § 669. Definitions. —1. The word “animal” as used in this title, does not include the human race, but includes every other living creature. 2. The word “torture” or “cruelty” includes every act, omis- sion, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted. 17 130 .| MEMBERSHIP CORPORATIONS LAW, 8. The words “impure and unwholesome milk” include all milk obtained from animals in a diseased or unhealthy condition, or who are fed on distillery waste, usually called “swill,” or upon any substance in a state of putrefaction or fermentation, 48 Hun, 275; 145 Mass. 300. . Sub. 3; 101 N. Y. 684; 41 Hun, 23, ARTICLE VL Hospital Corporations, Section 80. Certificate of incorporation. § 80. Certificate of iacorporation.— Five or more persons may become a corporation for the purpose of erecting, establishing or maintaining a hospital, infirmary, dispensary, or home for invalids, aged or indigent persons, by making, acknowledging and filing a certificate, stating the particular object for which the corpo- ration is to be formed; the name of the proposed corporation; the town, village or city in which its principal office is to be located; the numver of directors, not less than three nor more than thirty; the names and places of residence of the persons te be its directors until its first annual meeting, and the time for holding its annual meetings. Such certificate may also specify the qualification of members of the corporation with respect to their adherence or non-adherence to a particular school or theory of medical or surgical treatment; and the systems of medical practice or treatment to be used or applied in such hospitals, infirmary, dispensary or home. Such certificate shall not be filed without the written approval indorsed thereupon, or annexed thereto, of the state board of charities and of a justice of the supreme court of the district in which the principal office or place of business of such cor- poration shall be located. On filing such certificate, in pursuance of law, the signers thereof, their associates and successors, shall be a corporation, in accordance with the provisions of suck certificate. See Form, No. 16.: L. 1889, ch. 95, § 1; R. 8., 8th ed. (Supp.), 3353 L. 1894, ch. 256. | MEMBERSHIP CORPORATIONS LAW. 131 Without change. of substance, except that the minimum number of {ncorporators is changed from eleven to five, and the number of directors is to be expressly fixed by the certificate. The general qualification of incorporators, the naming of the corporation, the place of filing and other general regulations applicable to certificates of incorporation, are provtded by general corp. law, §§ 3-9. As to who may take acknowledgments, see statutory construction law, § 15. See note to § 30.] Laws 1889, ch. 95. § 4, The property of said corporation, both real and personal, shall be exempt from taxation, to the extent that, and so long as, the same shall be used exclusively for the care, reception, ' maintenance, medical and surgical advice, aid and treatment of persons needing such medical and surgical advice, aid and treat- ment, or the care and maintenance of infirm, aged, and indigent persons, and provided that it shall and do actually render medi-. cal and surgical aid, advice and treatment to poor persons in need of such treatment, without charge therefor, or care for and maintain infirm, aged and indigent persons without charge. [This section of the law of 1889, relating to hospital corporations is not repealed.] i _ ARTICLE VIL Christian Associations, Section 90. Certificate of incorporation. 91. Directors and trustees. § 90. Certificate of incorporation——'Twenty or more men may become a young men’s Christian association, and twenty or more women may become a young women’s Christian association, for the purposes of improving the spiritual, mental, social and physical condition of young men,or of young women, as the case may be, by making, acknowledging and filing a certificate stating the par- ticular objects for which the corporation is to be formed; the name of the proposed corporation; the town, village or city in which its principal office is to be located; the number of direct- ors, not less than three nor more than thirty; the names and places of residence of the persons to be its directors, until the first annual meeting; the times for holding its annual meetings; _ and the names of six trustees, each of whom shall be a member 132 MEMBERSHIP CORPORATIONS LAW, of some Protestant evangelical denomination, and not more than two of whom shall be members of any one denomination, to hold office until their successors are elected, as provided by the by-laws. Such certificate shall not be filed without the approval of a justice of the supreme court indorsed thereupon or annexed thereto. On filing such certificate, in pursuance of law, the signers thereof, their associates and successors shall be a corporation in accordance with the provisions of such certificate, but no person shall be eligible to membership of such a corporation unless he have the same qualifications as the persons authorized to sign the certificate of incorporation thereof. ae See Form, No. 17. L.. 1887, ch. 501, §§ 1, 2, 4; R. S., Sth ed., 1933, as am. by L. 1890, ch. 104; R. S., Sth ed. (Supp.), 3292. L. 1861, ch. 167, §§ 1, 2; R. S., Sth ed. (Supp.), 3499, Without change of substance as to Y. M. C. A. The number of trustees of Y. W. C. A. changed from five to six. The provision that not more than two of the trustees shall be of the same denomination is new as to Y. W. C. A. corporations. The general qualification of incorperators, the naming of the corporation, the place of filing and other general regulations applicable to certificates of incorporation are provided by general corp. law, §§ 3-9. As to who may take acknowledgments, see statutory construction law, § 15. See note to § 30.] ie § 91. Directors and trustees.— The trustees of such a corpora- tion, with the president of the corporation, shall be a board of trustees thereof, and hold and control the real property of the corporation and all gifts and bequests of money to be held in trust. They shall pay the income of such property to the treasurer of the corporation so long as the income shall be expended by the directors thereof for the purposes for which it was formed. The real property of such corporation shall not be liable for any debt or obligation contracted without the approval of the board of trustees. In all proceedings for the purchase, sale, mortgage, and lease of real property, the board of trustees of such a corporation shali act as the board of directors thereof. MEMBERSHIP CORPORATIONS LAW. 133 The directors of such corporation shall have the management and control of its property and affairs, except as such manage- ment and control is given by law to the board of trustees thereof. [L. 1887, ch. 501, §§ 4, 5, 6; R. S., Sth ed., 1934. L. 1889, ch. 33; R. S., Sth ed. (Supp.), 3293. | L. 1891, ch, 167, § 6; R. S., 8th ed. (Supp.), 3500, Consolidated without change of substance.] Youna Marn’s Curistian Associations. L. 1883, Chapter 241—An act to incorporate the International Com- mittee of Young Men’s Christian Associations. L. 1886, Chapter 137—An act to incorporate the State Executive Com- mittee of the Young Men’s Christian Associations of the State of New York. [The two foregoing acts are referred to by title only.] ARTICLE VIIL Bar Association, Section 100. Certificate of incorporation. § 100. Certificate of incorporation.— Nine or more attorneys or counselors of the supreme court of this state, in active practice, and residing or having their offices in the same county, may become a bar association for the purposes of cultivating the science of jurisprudence, promoting reforms in the law, facilitat- ing the administration of justice, elevating the standard of integ- rity, honor and courtesy in the legal profession, and cherishing the spirit of brotherhood among the members thereof, by making, acknowledging and filing a certificate stating the particular objects for which the corporation is to be formed; the name of the proposed corporation; the county in which its operations are to be conducted; the town, village or city in which its principal office is to be located; the number of its directors, not less than three nor more than thirty; the names and places of residence of the persons to be its directors until the first annual meeting; and the times for holding its annual meetings. Such certificates shall not be filed without the approval, indorsed thereupon or annexed thereto, of a justice of the supreme court. On filing such certificate, in pursuance of law, the signers thereof, their associates and successors shall be a corporation in 134 MEMBERSHIP CORPORATIONS LAW, ' accordance with the provisions of such certificate, but no person shall be eligible to membership of such a corporation unless he have the same qualifications as the persons authorized to sign the certificate of incorporation thereof. [See form, No. 18. I.. 1887, ch. 317, § 1; R. S., Sth ed., 20381. Without change of substance. The general qualification of incorporators, the naming of the corporation, the place of filing and other general regulations applicable to eertificates of incorporation are provided by general corporation law, §§ 3-9. As to who may take acknowledgments, see statutory construction law, § 15. See note note to § 30.] ARTICLE, IX. Veteran Soldiers and Sailors’ Associations, Section 110. Certificate of incorporation. 111. Shares. 112. Property. § 110. Certificates of incorporation.— Twenty-five or more hon- orably discharged soldiers or sailors of the union army or navy, or the male descendants of such soldiers or sailors, may become @ corporation for social, literary, patriotic, charitable and _ his- torical purposes, by making, acknowledging and filing a certifi- eate stating the particular object for which the corporation is to be created, the name of the proposed corporation; the town, village or city in which its principal office is to be located; the names of fifteen persons to be its directors until the first annual meeting, and the times for holding its annual meetings. Such certificate shall not be filed without the approval, indorsed thereupon or annexed thereto, of a justice of the supreme court. On filing such certificate, in pursuance of law, the signers thereof, their associates and successors shall be a corporation in accordance with the provisions of such certificate; but no per- son shall be eligible to membership of such corporation unless he have the same qualifications as the persons authorized to sign the certificate of incorporation thereof. {See form, No. 19. } L. 1890, ch. 118, §§ 1-2; R. S., Sth ed. (Supp.), 3418. Without change of substance. MEMBERSHIP CORPORATIONS LAW. 135 The general qualification of incorporators, the naming of the corpora- tion, the place of filing and other general regulations applicable to certi- ficates of incorporation are provided by general corporation law, §§ 3-9. . As to who may take acknowledgments, see statutory construction law, § 15. See note to § 30.] § 111. Shares— The by-laws of such a corporation may provide that the property of the corporation shall be divided into transfer- able shares of one hundred dollars each, entitling the holder thereof to one vote for each share, at all meetings of the corpora- tion. Each shareholder shall be liable to the amount unpaid on the shares held by him, for the debts and liabilities of the corpora- tion; but shall not be entitled to receive any interest or dividends thereon. Such a corporation shall be a membership corporation and not a stock corporation. [L. 1890, ch. 118, § 3; R. S., Sth ed. (Supp.), 3414, Without change of substance.] § 112. Property All sums over the necessary expenses of such corporation and over and above the amount necessary to discharge the principal and interest on any mortgage or bond issued by it shall ‘be held by the directors as a fund for the purchase of memo- rials, preservation of relics and historical evidences and trophies, and for charity to union veterans, their families or descendants. [L. 1890, ch. 118, § 2; R. S., 8th ed. (Supp.), 3414. Re-enacts a part of § 2, without change of substance.] ARTICLE X, Soldiers’ Monument Corporations. Section 120. Certificate of incorporation, 121. Property. 122. Improvement taxes. § 120. Certificate of incorporation.— Three or more persons may become a corporation for the purpose of erecting a monument, monuments, or memorial, including a memorial hall or building, to perpetuate the memory of the soldiers and sailors who served in defense of the union in the late war, by making, acknowledging and filing a certificate, stating the particular object for which the corporation is to be created; the name of the proposed corpora- 136 MEMBERSHIP CORPORATIONS LAW. ‘tion; the number of its directors, not less than six nor more than twelve; the names and places of residence of the persons to be directors until the first annual meeting; and the time for holding its annual meetings. Such certificate shall not be filed without the approval, indorsed thereupon or annexed thereto, of a justice of the supreme court. On filing such certificate, in pursuance of law, the signers thereof, their associates and successors shall be a corporation in accordance with the provisions of such certificate. [See form, No. 20. [L. 1866, ch. 273, §§ 1, 3, 8; R. S., Sth ed., 2058, Without change of substance. The general qualification of incorporators, the naming of the corporation, the place of filing and other general regulations applicable to certificates of incorporation are provided by general corporation law, §§ 3-9. As to who may take acknowledgments, see statutory construction law, § 15. See note to § 30.] § 121. Property. Such a corporation may acquire and hold, within the county in which its certificate of incorporation is recorded, nut more than five acres of land, to be used exclusively for the crection of a suitable monument or monuments or other memorial, to perpetuate the memory of the soldiers and sailors who served in the defense of the union in the late war, from the town, city or county in which such monument, monuments or memorial is erected. Such a corporation may erect any such monument, monuments or memorial, upon any public street, square or ground of any town, city or village, with the consent of the proper officers thereof, or may purchase or accept the donation of land suitable for that purpose; and may take and hold the property given, devised or bequeathed to it in trust, to apply the same or the income or proceeds thereof for the erection, improvement, embellishment, preservation, repair @r renewal of such monument, monuments or memorial, or of any structures, fences or walks upon its land, or for planting and cultivating trees, shrubs, flowers or plants, in and around or upon its lands, or for improving or embellishing the same in any manner consistent with the design and purposes of the association, aceording to the terms of such grant, devise or bequest. It may MEMBERSHIP CORPORATIONS LAW. = 187 _take by gift or purchase any lots or lands in any cemetery within such county, to be used and occupied exclusively for the burial of honorably discharged soldiers and sailors who served in such war, and for the erection of suitable monuments or memo- rials therein. {L.. 1886, ch. 273, & 4, 7; R. S., 8th ed., 2059, Without change of substance.] § 122. Improvement taxes.— A tax may be levied and collected on the taxable property in a town, village or city in which such monument, monuments or other memorial may be erected, for _ the purpose of repairing or improving the same and the grounds thereof; and such tax shall be levied in the manner prescribed by law for levying general taxes in such town, village or city. [L. 1866, ch. 2738, § 6; R. S., Sth ed., 2060, Without change in substance.] Laws 1866, ch. 273. * §5. Property exempt from taxation, etc.— The property of any association formed pursuant to this act, shall be exempt from levy and sale on execution, and fron all public taxes, rates and assessments, and no street, road, avenue or thoroughfare shall be laid through the lands of such aseociation held for the pur ‘poses aforesaid, without the consent of the trustees of such asso- ciation, except by special permission of the legislature of the state. (Thus amended by L. 1888, ch. 299.) [This section of the law relating to soldiers’ monument associations has not been repealed.] § 123. Any unincorporated association which shall have been organized solely for the purpose of raising funds to be devoted to the erection of a monument or memorial to perpetuate the memory of the soldiers and sailors who served in the defense of the union in the late war, may by a majority vote of all its members who shall be present and voting at a meeting thereof, called as in this section provided, transfer to and vest in any 18 137a MEMBERSHIP CORPORATIONS LAW. incorporated association which shall have been organized under a general statute, or under the foregoing sections of this article for the sole purpose of erecting a like monument or memorial in the same town or village where such unincorporated association is located, any or all money which it shali have accumulated for such object, except as hereinafter provided, provided that such transfer does not conflict with any provision of the constitution or by-laws of such association, and that it shall be made and the money so transferred shall be accepted by such incorporated association in trust to apply the same, or the income thereof, exclusively for the purposes mentioned in section one hundred and twenty-one of this article. Any member of such unincorporated association who shall have contributed individually to the fund so raised, and paid such contribution into the treasury of such association, the same appear- ing upon the books of the treasurer, shall be entitled to demand and receive the umount of such contribution from the treasurer of such association, in case such transfer shall be made and before the same shall be consummated upon filing with the president or secretary of such unincorporated association his or her affidavit to the effect that he or she has not approved of such transfer by vote or otherwise. No vote upon the question of transferring the funds of such unincorporated association as hereinbefore provided for shall be bad or taken except at a meeting of such association especially called for that purpose by the president or secretary or other managing officer thereof, upon notice given at least ten days before the time fixed for such meeting, personally or by mail to each member of such association whose residence or post-office address is known, which notice shall state the object of the meeting to be the consideration of making such transfer pursuant to this section. [Added, ch. 327 of 1897. Took effect April 23, 1897.] “ARTICLE XI Rocrds of Trade. Section 129. Certificate of incorporation. 131. Boards of trade heretofere incorporated, which have | issued capital stock. § 130 Certificate of incorporation.— Five or more persons may form a corporation commonly called a hoard of trade or exchange, or & building exchange or association, for the purpose of foster- 138, MEMBERSHIP CORPORATIONS LAW. ‘ing trade and commerce, or the interests of those having a ecom- mon trade, business, financial or professional interest, to reform abuses relative thereto, to secure freedom from unjust or unlaw- ful exactions, to diffuse accurate and reliable information as to the standing of merchants and other matters, to procure uni- formity and certainty in the customs and usages of trade and commerce, and of those having a common trade, business, finan- cial or professional interest; to settle differences between its members, and to promote a more enlarged and friendly intercourse between business men, by making, acknowledging and filing a certificate, stating the particular object for which the corpora- tion is to be created; the name of the proposed corporation; the town, village or city in which its principal office is to be situated; the number of its directors, not less than five; the names and places of residence of the persons to be its directors, until its first annual meeting; and the times for holding its annual meetings. Such certificate shall not be filed without the approval, indorsed thereupon, or annexed thereto, of a justice of the supreme court. On filing such certificate, in pursuance of law, the signers thereof, their associates and successors, shall be a corporation in accordance with the provisions of such certificate. _ [See form, No. 21. L. 1877, ch. 228, §§ 1, 2, 7; R. 8., 8th ed. 2057. This act of 1877 authorizes the formation of boards of trade with or without capital stock. If the corporation desires capital stock ft will hereafter be necessary to incorporate under the business corporation law, instead of this cbapter. The provision of L. 1877, ch. 288, § 1, restricting the existence of the corporation to fifty years, is omitted. The provision of L. 1877, ch. 228, § 12, that twelve or more persons may form a board of trade corporation, is changed to five or more. The restrictive language of L. 1877, ch. 228, § 1, that persons “engaged in the business of erecting buildings or the furnishing of materials therefor,” may form a board of trade corporation, is changed to persons “ having a common trade, business, financial or professional interest.” The general qualification of incorporators, the naming of the corporation, the place of filing and other general regulations applicable to certificates of incorporation are provided by general corporation law, §§ 3-9. As to who may take acknowledgments, see statutory construction law, § 15. See note to § 30.] 2 mite: eh - 3B Sem gi ers ml : “ te Ne oy [ x ER AEG ol h b . cr ae " eet > ee ~ * MEMBERSHIP CORPORATIONS LAW. Pee yebao § 131. Boards of trade heretofore incorporated, which have issued capital stock.—A board of trade, heretofore incorporated, under a law repealed by this chapter which has issued capital stock, entitling the holders of the shares thereof to dividends from the profits of the corporation, shall hereafter be subject to the provisions of the business corporation law, the stock cor- poration law and the general corporation law, and not to the provisions of this chapter, [New.] ARTICLE XI. Agricultural and Horticultural Corporations, Section 140. Certificate of incorporation. 141. Restrictions on the formation of corporations, 142. Annual fairs and premiums, 143. Police and magistrates on exhibition grounds, 144, Capital stock. 145. Annual report. 146. Membership in state society. 147. Laws repealed. 148, When to take effect. » § 140. Certificate of incorporation.— Ten or more persons may form a county or town agricultural corporation for promoting agriculture, horticulture and the mechanic arts, by making, acknowledging and filing a certificate, stating the particular objects for which the corporation is to be created; the territory in which its operations are to be conducted; the town, village or city in which its principal office is to be located; the number of its directors, not less than six or more than twelve; the names of the persons to be its directors until its first annual meeting; and the times for holding its annual meetings. Such certificate shall not be filed without the approval, indorsed thereupon or annexed thereto, of a justice of the supreme court. On filing such certificate, in pursuance of law, the signers thereof, their associates and successors, shall be a corporation in accordance with the provisions of such certificate, [See form, No. 22. 1, 1855, ch. 425, §§ 1, 2; R. S., 8th ed., 2015, as am. by 140 MEMBERSHIP CORPORATIONS LAW, , L, 1891, ch. 10; R. S., 8th ed. (Supp.), 329%, . Without change of substance. The general qualification of incorporators, the naming of the corporation, the place of filing and other general regulations applicable to certificates of incorporation are provided by general corporation law, §§ 3-9. As to who may take acknowledgments, see statutory construction law, § 15. See note to § 30.) _ § 141. Restrictions on the formation of corporations.—There shall be but one county society in a county, and but one town society in a town. ‘A joint society may be formed for two, three or four towns, but the formation of such society shall not prevent the formation of separate town societies for such towns. L. 1855, ch. 425, § 6; R. S., 8th ed., 2016. Without change of substance.] § 142. Annual fairs and premiums.— Every such corporation, the American institute in the city of New York, and the New York State agricultural society, shall hold annual fairs and exhibitions, and distribute premiums. Such a county or town corporation may, by a two-thirds vote of the members present and voting at a regular meeting, or at a special meeting, duly called for that purpose, fix the place where the annual fair and exhibition of the corporation shall be held. Such corporations and societies shall regulate and award pre- miums on such articles, productions and improvements as they deem best calculated to promote the agricultural and household manufacturing interests of the state, having special reference to the net profits which accrue or are likely to accrue from the mode of raising the crop, or stock, or fabricating the article exhibited, so that the award be given to the most economical or profitable mode of production. No premium shall be paid unless the person claiming the same, or to whom it is awarded, delivers in writing to the president of the corporation, society or institute an accurate description, as near as may be, of the process in preparing the soil, including the quantity and quality of the manure applied in rais- ing the crop, and the kind and quantity of food in feeding the animal, and the expense and product of the crop, or of increase in MEMBERSHIP CORPORATIONS LAW. 141 value of the animal, with a view of showing the profit of cultivating the crop, or feeding and fattening the animal. [L. 1855, ch. 425, §§ 5, 10; R. S., 8th ed., 2016, . L. 1841, ch. 169, § 3; R. S., Sth ed., 2018, L. 1848, ch. 299, § 3; R. S., Sth ed., 2020. Consolidated without change in substance, except that the provision of § 10, that notice of a meeting to determine the question shall be published for four weeks, is omitted. The corporation can fix this by its by-laws.] $148 Police and magistrates on exhibition grounds,— The board of directors of any such corporation may appoint as many citizens of this stateas may be necessary to actas policemen at their exhibitions. Such policemen shall preserve order within and for a space of two hundred yards from and around the grounds of the corporation, protect the property within such grounds and space, and eject all persons improperly therein, or acting disorderly therein, or who neglect or refuse to pay the entrance fee or observe the rules prescribed by the corporation. They shall have the same power within such grounds and space, during the time such exhibition continues, and for twenty-four hours thereafter, that a constable has by law, in serving criminal process, making arrests and preserving the peace. No town or county shall be liable to pay any such policeman for services rendered under this section. Such corporations may regu- late or prevent. all kinds of theatrical, or circus, exhibitions and shows, huckstering and traffic in fruits, goods, wares and mer- chandise, of whatever description, and shall prevent all kinds of mountebank exhibitions or shows, for gain on the fair days and within a distance of two hundred yards of the fair grounds of such corporation, as it deems the same to obstruct or in any way interfere with the free and uninterrupted use of the high- Ways around and approaching such fair grounds. A justice of the peace of the county in which such grounds are situated, may, while upon such grounds, hold a court of special sessions, having the same duties, powers and jurisdictions over offenses committed upon such grounds and within two hundred yards of the boundaries thereof, as is had by a court of special 142 MEMBERSHIP CORPORATIONS LAW. sessions of a town of such county over offenses committed in the town. The fines and penalties received by a justice of the peace under this section shall, before the close of the fair or exhibition at which the same are received, be handed over by him to such society, for its use, together with a written report of his proceedings during such fair or exhibition. The report shall be in all respects the same as an annual account rendered for services in criminal proceedings by a justice of the peace of a town to the board of town auditors. The justice shall receive as compensation for his services under this section his legal fees to be paid by such society. The justice shall include in his annual report to the board the offenses committed and the pro- ecedings had under this section, and the disposition made by him of fines and penalties collected. The justice shall enter in his regular criminal docket. the full proceedings of all matters coming before him under this section, stating each case sepa- rately; and the record of such proceedings shall be kept open for public inspection upon such grounds during such fair or exhibition. [L. 1859, ch. 86, §§ 1, 3; R. S., 8th ed., 2017, L. 1862, ch. 284; R. 8., Sth ed., 2017. L. 1893, ch. 602. Consolidated without change in substance] § 144. Capital stock.— Such a corporation may, by a majority vote of the members thereof present and voting at a regular or regularly called meeting, and by filing a certificate to that effect in the county clerk’s office of the county where its certifi- cate of incorporation is filed, fix the amount of capital stock which such corporation shall have, not more than forty thousand, nor less than five thousand dollars, divide the same into shares of not less than ten dollars each, and issue such shares at not less than the par value thereof, to raise money for the purposes for which the corporation was created. An agricultural corporation incorporated under this chapter or a law repealed hereby, which lias issued or shall hereafter issue capital stock, entitling the hold- ers of the shares thereof to dividends from the profits of the cor- poration, shall be subject to the business corporations law, the stock corporation law and the general corporation law, and not MEMBERSHIP CORPORATIONS LAW. 143 to the provisions of this article in conflict therewith, nor to arti- cle one of this chapter. [L. 1855, ch. 425, § 4; R. S., 8th ed., 2016. Re-enacts a part of § 4 without change of substance; but when such a corporation becomes a stock corporation, it is made subject to the stock corporation and the business corporations law, instead of article one of this chapter or the inconsistent provisions of this article.] § 145. Annual report.— The directors of such a corporation, on or before February first in each year, shall make a verified report to the secretary of the New York State agricultural society of the transactions of the corporation for the preceding year, giving full details of the receipts and expenditures thereof, with a list of premiums awarded and to whom and for what awarded. [L. 1855, ch. 425, § 9; R. S., Sth ed., 2017. Without change of substance, except that the report is to be Dog ¢ by the directors instead of by the president secretary and treasurer, § i146. Membership in state society.—The presidents of the county agricultural association ccrporations, incorporated under this chapter, or under a law repealed thereby, or delegates to be chosen by such associations annually, shall be ex officio members of the New York State agricultural society. [L. 1841, ch. 169, § 6; R. S., 8th ed., 2018, Without change of substance.] LAWS APPLICABLE TO AGRICULTURAL SOCIETIES. Laws 1855, ch. 425. § 11. Former societies ratified.—All societies formed under chapter three hundred and thirty-nine of session laws, passed June eighth, eighteen hundred and fifty-three, are hereby declared to be as valid as if formed under this acti for the year eighteen hundred and fifty oi aot Hats Lee under this law at any time. 144 MEMBERSHIP CORPORATIONS LAW. Laws 1881, ch, 657. § L. Associations of farmers may lease grounds, etc.; cer- tificates of indebtedness.— Any association of farmers, residing in any neighborhood, town or county in this state, now, or hkere- after to be organized, and acting under a constitution and by-laws adopted by themselves for their guidance, which shall be filed in the clerk’s office of such town or county, and which are not inconsistent with the laws of this state, is hereby author- ized to lease and maintain grounds and structures for the exhibition and sale of the products of their farms or their skill, and for the instruction and recreation of its members and visitors. Any such association shall have authority to let, for rent, locations on their leased grounds to shopmen and persons wishing to furnish suitable refreshments for victualing members and visitors; to license peddlers to sell on their grounds articles of merchandise, not forbidden to be sold by any law of this state without license from the state; and in the name of such associa- tion and upon the action and direction of its officers, to sue for and ccllect the stipulated sums for such rentals and licenses, and to enforce the observance of its rules and regulations by the several members of its association. Amd such association is hereby empowered to issue certificates of indebtedness in amounts of five dollars each, providing that the whole amount shall not exceed the sum of one thousand dollars, which they may sell at a price not below the par value thereof, for the pur- pose of raising money for the erection of buildings, or for such other improvements as may be deemed necessary by a majority of the members of such association. § 2. Preservation of the peace at meetings.— The county judge of any county in this state, wherein such a voluntary asso- ciation of farmers may exist, is hereby authorized, upon the nomination of the presiding officer, or the executive conamittee of such association, to appoint any number of reputable persons, citizens of such neighborhood, town or county, as special police- men or constables, who shall have authority to preserve the peace at any meeting of such association on its grounds or in the neighborhood thereof; and to protect the property of such MEMBERSHIP CORPORATIONS LAW. 145 association or of any of its members, visitors, lessees or licensees while on such grounds or on the way, to or from such grounds. But such special policemen or constables shall have no authority, from such appointment, to act as policemen or constables, other than as herein authorized, except that they may arrest any person committing unlawful depredation on such grounds, or unlawfully injuring persons or property thereon, or on the way to or from such grounds, or otherwise committing breaches of the peace, any may take such persons so offending, when arrested, before some proper magistrate, to be dealt with according to lapv. AGRICULTURAL LAW. | Laws 1893, ch. 338. § 88. Receipts and apportionment of moneys for the pro- motion of agriculture— Money appxepriated for the promotion of agriculture in this State, the distribution of which is not otherwise provided for by law shall be apportioned and distributed by the commissioner of agriculture among the various county agricultural societies and the American Institute in the city of New York as follows: One-half thereof shall be apportioned and distributed equally and the remainder in proportion to the actual premiums paid during the previous year by such societies and institute, exclusive of premiums paid for trials or tests of speed, skill or endurance of man or beast. All revenues collected by the State comptroller and yet undistributed from the tax collected from racing associations, pursuant to chapter one hundred and ninety-ceven of the laws of eighteen hundred and ninety-four, shall constitute a fund which shall be disbursed on behalf of the State for prizes for improving the breed of cattle, sheep and horses at the various fairs throughout the State, as hereinafter prescribed. Twenty-five per centum of the funds so collected shall be disbursed by the commissioner of agriculture among the agricultural societies, clubs, or expositions of the State, which have not, previous to the passage of this act, received appropriations from the State as follows: One-third shall be 19 146 MEMBERSHIP CORPORATIONS LAW. apportioned and distributed equally, and the remainder {in pro- portion to annual premiums paid during the past year by such society. Such sum shall only be paid to societies which have held fairs annually during each of the three years next preced- ing the passage of this act, and which have paid at their annual meeting or fairs during such three years, not less than one thou- sand dollars in the aggregate as premiums for agriculture, mechanical and domestic products, exclusive of the premiums paid for trials or tests of speed, skill or endurance of man or beast, and which shali file a statement of the amounts actually paid as such premiums during the past year, duly verified by the president and treasurer, with the commissioner of agriculture and the comptroller on or before the first day of July, eighteen hundred and ninety-five. Seventy-five per centum of such funds shail be disbursed by the commissioner of agriculture among the various county agricultural societies throughout the State, and the American Institute, in the city of New York, as follows: One-half shall be apportioned and distributed equally, and the remainder in proportion to the actual premiums paid during the previous year by such societies and institute, exclusive of premiums paid for trials or tests of speed, skill or endurance of man or beast. If there is no county agricultural society in any county, or it is not in active operation as such, the money which the county society of such county would be entitled to receive under this article, shall be apportioned among and paid to the several town or other agricultural sacieties in such county according to the amount of premiums paid, pro- vided such town societies sustain a public fair, with premium-list, which premium-list and reports of such town fairs shall be forwarded and made to the commissioner of agri- culture. All revenues, which shall be received by the comp- troller, and not distributed as hereiofore provided, and all moneys received by him from the tax collected from racing asso- ciations pursuant to chapter one hundred and ninety-seven of the laws of eighteen hundred and ninety-four, or hereafter other- wisa collected from racing associations, corporations or clubs, — shall constitute a fund which shall be annually disbursed on behalf of the State for prizes for improving the breed of cattle, — -_ MEMBERSHIP CORPORATIONS LAW, 147 sheep and horses at the various fairs throughout the State as hereinafter prescribed. Thirty per centum of the funds so col« lected shall be disbursed by the commissioner of agriculture among the agricultural societies, clubs or expositions of the State, which have not, previous to the passage of this act, received appropriations from the State, as follows: One-third shall be apportioned and distributed equally and the remainder in proportion to annual premiums paid during the previous year by such society. Such sums shall only be paid to societies which shall have held fairs annually during each of the three years next preceding the passage of this act, and which shall have paid at their annual meeting or fairs during such three years not less than one thousand dollars in the aggregate as premiums for agricultural, mechanical and domestic products, exclusive of the premiums paid for trials or tests of speed, skill or endurance of man oz beast. Seventy per centum of such funds shall be dis- bursed by the commissioner of agriculture among the various county agricultural societies throughout the State, and the American Institute, in the city of New York, as follows: One- half shali be apportioned and distributed equally, and the remainder in proportion to the actual premiums paid during the previous years by such societies and institute, exclusive of pre- miuims paid for trials or tests of speed, skill or endurance of man or beast. If there is no county agricultural society in the county, or it is not in active operation as such, the money which the county society of such county would be entitled to receive under this act, shall be apportioned among and paid to the sev- eral town or other agricultural societies in such county according to the amount of premiums paid, provided such town sovieties sustain a public fair, with premium-lists, and reports of such town fairs shall be forwarded and made to the commissioner of agriculture. All societies other than county agricultural socie- ties shall hereafter on or before the first day of December in each year, file a statement in duplicate, duly verified by the president and treasurer, showing the amount of premiums paid at the last annual fair, exclusive of premiums paid for trials or test of speed, skill or endurance of man or beast, one of which 148 MEMBERSHIP CORPORATIONS LAW. statements shall be filed in the office of the commissioner of agriculture and the other in the office of the comptroller, and no such society shall be hereafter entitled to receive such appropria- tions in any year in which the actual amount paid by it as such premiums is less than five hundred dollars. (Thus amended by L. 1895, ch. 820.) ' Laws 1895, ch. 820. § 2. The sum of ninety-five thousand nine hundred and eighty dollars and fifty-four cents, being the sum collected. from racing associations in pursuance of chapter four hundred and seventy- nine cf the laws of eighteen hundred and eighty-seven, as amended by chapter one hundred and ninety-seven of the laws of eighteen hundred and ninety-four, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, to be distributed in the manner provided by section eighty-eight of the agricultural law, as amended by this act, and in the proportion provided by this act for the distribution of moneys already col- lected and yet undistributed, as hereinbefore recited. Such moneys shall be payable by the treasurer on the warrant of the comptroller on the order of the commissioner of agriculture. § 89. Distribution of money appropriated for certain agricul- tural societies.— Whenever in any year there shall be appropri- ated the sum of twenty thousand dollars or more for the benefit of the several agricultural societies, clubs or expositions of the State, two thousand dollars of such amount shall be paid to every such society, club or exposition, which shall have held annual fairs or meetings during eaich of the three years next preceding such appropriation and which shall have paid at each of such annual fairs or meetings, during such three years, the sum of three thousand dollars as premiums for agricultural interests, exclusive of the premiums paid for trials or tests of speed, skill or endurance of man or beast. Such society, club or exposition. shall annually before the first day of December in each year file in the office of the commissioner of agriculture, a statement, veri- fied by its president and treasurer, showing the payment of such premiums, with thie amount and object thereof, together with the name of the persons to whom they were paid. A similarly veri- J a ie MEMBERSHIP CORPORATIONS LAW. 149 fied duplicate of such statement shall be filed in the office of the compirolier. There shall at the same time be filed in the office of the comptroller a written offer to the effect that such society, club or exposition will act as the agent of the State for the dis- tribution and payment of the money so appropriated as premiums at its annual fair or meeting for the promotion of agricultural interests, together with a bond executed to the people of the State, signed in its namie by the president and treasurer thereof, in such amount and with such sureties as the comptroller shall approve, conditioned for the faithful performance of its duties as such agent. Any such society, club or exposition receiving such sum of two thousand dollars as herein provided shall not receive any portion of the moneys collected from racing associations or moneys already appropriated for the benefit of county agricul- tural societies, (Thus amended by L. 1895, ch. 587.) § 90. Annual report to the commissioner of agriculture and state society The president and treasurer of any agricultural society which receives any money of the state or acts as the agent of the state in the distribution of money of the state as premiums, shall annually before the fifteenth day of December, transmit to the commissioner of agriculture a detailed account of the expenditure or distribution of all such moneys as shall have come into their hands during the preceding year, and of such other moneys as they may have received from voluntary contributions for distribution as premiums, stating to whom, and for what purpose paid, with the vouchers therefor. The presi- denis of the several county societies and of the American insti- tute shall annually transmit in the month of December, to the executive committee of the New York state agricultural society, all such reports or returns as they are required to demand from applicants, for premiums, together with an abstract of their _ proceedings during the year which shall be examined by such executive committee, and they shall condense, arrange and report the same, with a statement of their own proceedings to the legisla- ture on or before the first day of March in each year. - § 91. Lease of grounds of agricultural societies and corpora- tions.— Any agricultural society or corporation, owning or pos 150 MEMBERSHIP CORPORATIONS LAW. sessing grounds in a county of this state having a population of more than three hundred thousand and less than six hundred thousand may lease such grounds for any lawful purpose except running races not inconsistent with the use thereof for the pur- poses of the society or corporation, for such. time or times as said grounds may not be needed by any such agricultural society or corporation for its own purposes. § 147. Of the laws enumerated in the schedule hereto annexed that portion specified in the last column is repealed. [As to the effect of repeal, see general corporation law, §§ 35, 36; statu- tory construction law, §§ 31-83.] § 148. Wher to take effect.— This chapter shall take effect on September first, eighteen hundred and ninety-five. SCHEDULE OF LAWS REPEALED. { Laws of Chapter. Sections. 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All, except subdivision 5 of § 1. p 1, 2, 3, and first sen- tence of § 4. Pere PePR ee eee = Se 154 MEMBERSHIP CORPORATIONS LAW. ; Schedule of Laws Repealed — (Continued), Laws of Chapter. TSO4 os iscs oc ecseiccces 139 TROA Seah telee's's odie 332 ceeeeoeeovee eee 1894. eeeoveaoeveveeneeo ese @ 256. 1804 5. dois fells nie of BATT 18945 50%. oe Ss Ba eel 325. eeeoeeveoeveee@ e@eeeeaeaeee2e@ eeoeeoeveas ee eee BOL ees 6 ane octet hie 709. eeeeevoe ee eene Sections. All. All. All. All. All. All. DISSOLUTION OF MEMBERSHIP CORPORATIONS, All except libraries may be dissolved by the Attorney-General on appli- eation of the creditors, pursuant to §§ 1784 to 1796 of the Code of Civil Procedure; by the Attorney-General when directed by the Legislature, pursuant to §§ 1797 to 1803 of the Code of Civil Procedure; and voluntarily, pursuant to §§ 2419 to 2431 of the Code of Civil Procedure, APPENDIX TO THE MEMBERSHIP CORPORATIONS LAW CONTAINING THE LAWS REPEALED THEREBY. ‘(Laws 1796, chap. 43, R. S., 8th ed., 2033) ‘Whereas, a disposition for improvement in useful knowledge has manifested itself in various parts of this state, by associating for procuring and erecting social and public libraries: And whereas it is of the utmost importance to the public that the sources of information should be multiplied and institutions for that purpose encouraged and promoted: Section 1. Be it therefore enacted by the people of the State of New York, represented in Senate and Assembly, That from and after the passing of this act, it shall and may be lawful for any number of persons, not less than twenty, in any county, town, village or neighborhood, who shall subscribe in the whole not less than forty pounds, and who shall by writing under their hands signify their consent and desire to associate themselves together for the purpose of procuring and erecting a public library, to assemble on the second Tuesday of the month in which they shall determine to meet at a place previously agreed on by a majority of the subscribers, to elect, nominate and appoint not less than five nor more than twelve of their number as trustees, to take charge of the moneys belonging to the corporation thereby erected, and to transact all affairs relative to the same. § 2. And be it further enacted, That the said election to be held as aforesaid shall be conducted in the following manner, to wit: That whenever two-thirds of the subscribers shall assemble at the time and place previously agreed on and appointed, they shall proceed to elect a chairman by ballot from among themselves who shall preside at such election, receive the votes of the subscribers and be the officer to return the names of those who by plurality of voices shall be elected to serve as trustees for the said corpora- tion; that the said returning officer shall immediately after said election, certify under his hand and seal the names of the persons elected to serve as trustees for said library, in which certificate the style, name or title of the said corporation (which shall for ever thereafter be the style, name or title by which the said corporation shall be distinguished and known), shall be particu- 156 LAWS REPEALED BY MEM. CORP. LAW, (Laws 1796, ch. 48; R. 8. 8th ed., 2034.) larly mentioned and described, which said certificate being first duly proved or acknowledged before the chancellor of this state, or one of the judges of the supreme court, or any one of the judges of the court of common pleas of the county for the time being, in the same manner in which deeds or other writings have usually been proved or acknowledged, shall be forthwith recorded by the clerk of the county for the time being, in a book to be kept by him for that purpose, for which he shali receive a fee of eight shillings and no more. § 8. And be it further enacted, That the persons so elected, returned and registered, shall be and hereby are declared to be trustees for said library, and their associates, and such other persons as shall from time to time become members of the cor- poration hereby authorized to be erectied, shall be and hereby are ordained, constituted, appointed and declared to be one body corporate and politic, in fact and in name, by the name, style or title mentioned and described in the said certificate so to be recorded as aforesaid, and by that name shall have succession, and they and their successors shall and may forever thereafter by the same name be able and capable in law to sue and be sued, implead and be impleaded, answer and be answered unto, defend and be defended in all courts of common law_or equity whatsoever, in all manner of actions, suits, causes, controversies, matters and things whatsoever, and that they and their success- ors shall have a common seal, and may break, alter and change the same at their discretion; and also, that the said trustees and their successors by the same name and title described in said certificates from the time of their election aforesaid shall be capable in law of purchasing, holding and conveying any estate, real or personal, for the use of the said corporation: Provided, Such real and personal estate so held shall not at any one time exceed the annual value of five hundred dollars, exclusive of the books and of the annual payments which shall be directed to be made by the members of the said corporation. [Library corporations are not authorized to incorporate under this chapter, but future incorporations must be made by the regents in pursuance of the University Law (L. 1892, ch. 378). Library corporations heretofore incorporated under L. 1796, ch. 43, will be governed by the general provisions of this chapter applying to all membership corporations. The general powers of such corporations are superseded by § 11 of the Gen. Corp. L. The power to hold property is superseded by Gen. Corp. L, § 12. which authorizes such corporations to hold property of the value of $3,000,000, the clear annual income of which does not exceed $500,000.F LAWS REPEALED BY MEM. CORP. LAW. 157 (Laws 1796, ch. 48; R.S., 8th ed., 2034.) _ § 4. And for the better execution of the aforementioned pur- poses, Be it further enacted, That forever hereafter there shall not be less than five nor mere than twelve trustees for every library so incorporated as aforesaid, who shall hold their offices for one year, and until others be elected in their places, and shall manage the business of the said corporation; and that there shall forever hereafter be one chairman of the said trustees, one treasurer and one librarian to be appointed in the manner hereinafter men- tioned; and that it shall 'be lawful for the said trustees, in their discretion, whenever they conceive it necessary, to appoint one and the same person treasurer and librarian. F Library corporations heretofore incorporated under this act will continue to have the same number of trustees, unless they change them pursuant to section 14 of this chapter. By section 29 of Gen. Corp. Law the directors are given the general power to manage the affairs of the corporation. The power to appoint a librarian is omitted. By section 8 of this chapter, the members can regulate the appointment of officers and empleyes by the enactment of by-laws.} § 5. And in order to keep up a perpetual succession of trustees, Be it further enacted, That the offices of the said first trustees shall determine in the following year on the second Tuesday in the same month in which they were chosen, and that on the first Tuesday in the same month in which the first election was held, in every year forever thereafter there shall be a general meeting of the members of the corporation at some convenient place to be from time to time ascertained and fixed by the by-laws of the said corporation, and that then and there by plurality of votes of such members as shall so meet, not less than five nor more than twelve trustees shall be elected by ballot to serve the ensuing year; that any person holding more than one right in said library shall ‘be entitled to one vote for each right he or she shall hold in the same; that the trustees of the said library shall annually at their first meeting on or after the day in which their offices com- mence, appoint one of the said trustees their chairman; that in case of the death, removal, refusal or neglect to serve of the chair- man for the time being, it shall be lawful for the trustees of the said library at any of their meetings to appoint another chairman instead of the one dying, removing, refusing or neglecting to serve as aforesaid, to remain in office till the expiration of the time dur- ing which his predecessor was entitled to serve; and when and as often as any vacancy shall happen by the death, removal, resigna- tion or neglect to serve of any of the said trustees, it shall be law- ful for the chairman of the said trustees, or on his neglect oF 158 LAWS REPEALED BY MEM. CORP. LAW, (Laws 1796, ch. 43; B.S, 8th ed., 2035.) refusal for any other two of the said trustees, to summon a meeting of the members of the said corporation, at a place fixed by the by-laws of the said corporation for the purpose of electing another or other person or persons instead of such 2s shall have so died, removed, refused or neglected to serve as afore- said, and that such person or persons so to be chosen trustee or trustees at such meeting as last aforesaid, shall respectively remain in office during such time as the person in whose stead such trus- tee shall be chosen would have done in case such death, removal or refusal had not happened, and no longer; and that the trustees of the said library shall, at every such annual meeting of the members of the said corporation, exhibit to the members a state of the said library, the minutes of the proceedings of the trustees during the year immediately preceding such meeting, with the treasurer’s and librarian’s accounts, stating the amount of receipts and expenditures during such year. {Section 8 of revision provides that the by-laws may prescribe the manner of holding elections, filling of vacancies, who is entitled to vote, the number of officers, and the manner of choos- ing them. Section 10 of revision provides for filling vacancies in board of directors, where no by-law provides therefor. By section 11 of revision the directors are required to make an annual report.J § 6. And be it further enacted, That the said trustees shall have stated meetings once in every quarter in every year, at such time and place as shall from time to time be appointed for that pur- pose, that the chairman or any two trustees of the said library for the time being shall and may from time to time, as occasion may require, summon and call together, at such place as shall from time to time be appointed by the by-laws of the said cor- poration, the trustees of the said library, giving them at least two days’ previous notice of such meeting; that the chairman and a majority or more of the said trustees shall form a board of trustees, and that in the absence of the chairman, the trustees so met shall choose another to serve on that occasion, that the chairman shall have a casting vote and no other, that the chair- man and a majority of the trustees so met shall have full power and authority to adjourn, from day to day, or for such other time as the business of the said corporation may require, and from time to time to appoint, and at their pleasure to displace a treas- urer and librarian of the said library, and to appoint other or others in their stead and place, to ascertain the compensation to be allowed the treasurer or librarian or either of them for their service in their stations respectively, and to regulate and LAWS REPEALED BY MEM. CORP. LAW, 159 (Laws 1796, ch. 43; R. S., 8th ed., 2036.) appoint to them the said treasurer and librarian or either of them their respective powers, trusts and duties; to direct the application of moneys belonging to the said corporation to the purchase of such books and apparatus as they shall think proper, to the providing of a room or house for the safe keeping of the books of the said library, and to transact, do, manage and per- form, in the name of the said corporation, all and every act and acts, thing and things whatsoever which shall be necessary to be done, and which the trustees of said library are by this law authorized to do; and to make, frame, constitute, establish and ordain, from time to time, and at all times hereafter, such laws, constitutions, ordinances and regulations for the government of the officers, members and servants of said corporation, for regulat- ing the terms upon which the books of the said library shall be lent out both to the members of the said corporation and others, for fixing and ascertaining the times and places of the quarterly meetings of the said trustees, for altering, fixing and ascertaining the places of meeting of the members of the said corporation, for the election of trustees, for regulating the management and dis- position of the books of the said library, and the moneys, funds and effects belonging to the said corporation, the mode of trans- ferring rights in the said library from one person to another and all other the business and affairs whatever of the said corporation, as they or the major part of them so legally met shall judge best for the general good of said corporation, and for the more effectual promoting, increasing and preserving the said library, and the same or any of them to alter, amend or repeal, from time to time, as they or a major part of them so met shall think proper: Pro- vided, such laws, constitutions, regulations or ordinances be not repugnant to the laws of this state. fSection 8 of revision authorizes the adoption of by-laws, pre- scribing the time of meeting of directors. Otherwise the matter is left to the discretion of the directors under the general power to manage the affairs of the corporation. The general power of directing application of moneys, etc., is covered by gencral cor- porations law, section 29, authorizing the directors to manage the affairs of the corporation. The power to adopt by-laws in the first instance is vested in the members by section 8 of revision. But by section 29 of general corporation law, the directors are given the power to adopt a by-law, where the members have failed to do so.J § 7. And be it further enacted, That it shall and may be lawful for each and every of the members for the time being of the said corporation, his or her executors, administrators and assigns, 160 LAWS REPEALED BY MEM. CORP. LAW, (Laws 1796, ch. 43; R. S., 8th ed., 2036.) to give, sell, alien, assign, devise and dispose of their respective rights in the said library, and that their respective assigns shall be members of the said corporation, and shall be entitled to all and every the same rights ané privileges in said library and said corporation as the original members are entitled to by this act: Provided, That a part of a right in said library shall not entitle the proprietor or owner thereof to any privilege whatsoever in said library or corporation. {This section is omitted. By section 9 of revision it is pro- vided that membership in a membership corporation is deter- mined by the member’s death, voluntary withdrawal or expulsion, and that thereon his rights and interests in the corporation cease, unless the by-laws otherwise provide.] § 8. And be it further enacted, That it shall and may be law- ful at such meeting of a majority or more of the said trustees of the library for the time being, to make any by-laws, consti- tutions, or ordinances of the said corporation, to admit under the common seal of the said corporation such and so many persons, members of the said corporation, as they shall think beneficial to the said library, which members so admitted shall be entitled to have, hold, and enjoy all and every the same rights and privileges as the original members are entitled to by this act. {Section 8 of revision authorizes the corporation to regulate by by-laws the admission and rights of members.] § 9. And be it further enacted, That each and every member of the said corporation for the time being, shall, on or before the first Tuesday in the month fixed for the election of trustees, annually pay to the treasurer of said library, for the use of the said corporation, the sum or sums which shall be fixed by the by-laws of said corporation, and that whenever any of the members of the said corporation shall neglect to pay the said annual sum, or any other sum which of right shall become due to the corporation, for the space of forty days next after the day on which the same ought to have been paid, that then the person or persons from whom the same shall be due, shall be precluded from exercising any of the privileges to which he became entitled by virtue of his being or becoming a member | a i of the said corporation, until such sums shall be fully satisfied; — and if such sums shall not be paid within two years after any such sums shall become due as aforesaid, that then and after i LAWS REPEALED BY MEM. CORP. LAW. 161 (Laws 1825, ch. 19; R. S., 8th ed., 2086.) the expiration of two years from the time such payment shall become due, that the person or persons from whom the same shall become due, shall thereupon forfeit and be utterly excluded from all his, hers or their rights and privileges in the said library and corporation. fFAll matter relating to fees and dues of members are fixed by by-laws adopted by the corporation, pursuant to section 8 of revision. (Laws 1825, chap. 19; R. S., Sth ed., 2036.) Section 1. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That it shall be lawful for the trustees of all library companies, formed by virtue of the act above entitled, to have stated meetings semi-annually or quarterly, at such time and place as shal) from time to time he appointed by a majority, of such trustees for such purpose, any- thing in the sixth section of the act hereby amended to the :on- trary thereof in any wise notwithstanding, and at such meetings to do and perform all duties which, in and by the said act hereby amended, they are empowered and authorized to do and perform. FSection 29 of Gen. Corporation L. gives to the directors the general power to manage affairs of corporation, which includes the power of holding regular meetings.] (L. 1841, ch. 169; R. S, Sth ed., 2018) § 3. The New York State Agricultural Society and the several county agricultural societies now formed or which shall be formed in this state, during the continuance of this act, shall annually elect such and so many officers as they shall deem proper; and it shall be the duty of such officers annually, to regulate and award premiums on such articles, productions and improvements as they may deem best calculated to promote the agricultural and house- hold manufacturing interests of this state, having especial refer- ence to the net profits which accrue, or are likely to acerue, from the mode of raising the crop or stock, or the fabrication of the article thus offered, with the intention that the reward shall be given for the most economical or profitable mode of competition; _ provided always that before any premium shall be delivered, the person claiming the same, or to whom the same may be awarded, shall deliver in writing to the president of the society, as accurate a description of the process in preparing the soil, including the quantity and quality of the manure applied, and in raising the crop, or feeding the animal, as may be; and also of the expense and product of the crop, or of increase in the value of the animal, 21 162 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1841, ch. 169; R. S., 8th ed., 2018.) with the view of showing accurately the profit of cultivating the crop, or feeding or fattening the animal. fhe first clause of § 3 is covered by § 8 of revision, which authorizes the by-laws to regulate the number of officers, The remainder of the section is re-enacted without change of 3sub- stance in § 142 of revision.] § 6. The presidents of the several county societies, or a delegate, to be chosen by them annually for the purpose, shall be ex officio members of the New York State Agricultural Society. (Thus amended by L. 1844, ch. 336.) [Section 6 is re-enacted without change of substance in § 146 of revision. (L. 1847, ch. 183; R. 8., 8th ed., 1935.) Section 1. Any number of persons residing in this state, not less than seven, who shall desire to form an association for the purpose of procuring and holding lands to be used exclusively for a cemetery, or place for the burial of the dead, may meet at such time and place as they or a majority of them may agree, and appoint a chairman and secretary by the vote of a majority of the persons present at the meeting, and proceed to form an association by determining on a corporate name by which the association shall be called and known; by determining on the number of trustees to manage the concerns of the association, which number shall not be less than six, nor more than twelve; and thereupon may proceed to elect by ballot the number of trustees so determined upon; and the chairman and secretary shall immediately after such election divide the trustees by lot into three classes; those in the first class to hold their office one year, those in the second class two years, and those in the third class three years. But the trustees of each class may be re-elected if they shall possess the qualifications hereinafter mentioned. The meeting shall also determine on what day in each year the future annual elections of trustees shall be held. Any association formed under this act, may in its articles of incorporation designate a certain percentage of avails received from the sale of lots (after the debts for the purchase of any lands for the association are paid) which shall be set aside, and remain as a permanent fund forever; the avails thus set apart shall be invested by the trustees of the association in safe securities, and the income, and the income only, to be used under the direction of the trustees for the improvement, pre- servation and embellishment of the cemetery grounds of the LAWS REPEALED BY MEM. CORP. LAW. 163 (Laws 1847, ch. 183; R. 8, 8th ed., 1935.) association, and not for the purchase of lands nor the erection of buildings. The percentage of the avails received from the sale of lots to be thus set aside shall not in any case be reduced from, or below the percentage stated in its articles of incorpora- tion. (As amended by L. 1893. ch. 34.) FSection 1 is re-enacted witnout change of substance in § 41 of revision, except that maximum number of directors is made fifteen.J § 2. The chairman and secretary of the meeting shall, within three days after such meeting, make a written certificate, and sign their names thereto, and acknowledge the same before an officer authorized to take the proof and acknowledgment of con- veyances in the county where such meeting shall have been held, which certificate shall state the names of the associates who attended such meeting; the corporate name of the association determined upon by the majority of the persons who met; the number of trustees fixed on to menage the concerns of the asso- ciation, the names of the trustees chosen at the meeting and their classification and the day fixed on for the annual election of trustees; which certificate it shall be the duty of the chair. man and secretary of such meeting to cause to be recorded in the clerk’s office of the county in which the meeting was held, in a book to be appropriated to the recording of certificates of incorporation. [That portion of § 2 prescribing what the certificate shall contain and where it shall be filed is contained in § 41 of revision which, however, requires the certificate to be acknowledged by seven or more persons instead of only by the chairman and secretary of the meeting. Nor does § 41 of revision require the names of all the associates attending the first meeting to be inserted in the certificate, The provision of § 2 relating to the manner of acknowledgment is not re-enacted as it is already covered by State Const. Law, § 15, while the provision relating to the recording of the certificate is not re-enacted.} § 3. Upon such certificate, duly acknowledged as aforesaid being _ recorded, the association mentioned therein shall be legally incor- porated, and shall have and possess the general powers and privi- leges and be subject to the liabilities and restrictions contained in the third title of the eighteenth chapter of part first of the Revised Statutes. The affairs and property of such associations shall be managed by the trustees, who shall annually appoint from among their number a president and a vice-president, and shall 164 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1847, ch. 133; R. S., 8th ed., 1935.) | also appoint a secretary and a treasurer, who shall hold their places during the pleasure of the board of trustees; and the trus- tees may require the treasurer to give security for the faithful performance of the duties of his office; and shall have power to fill any vacancy in the office of president or vice-president occurring, during the year for which they hold their office. (Thus amended by L. 1852, chap. 280.) [The first sentence is not re-enacted as it is covered by § 11 of the General Corp. L. The provision relating to the manage- ment of the property is covered by Gen. C. L., § 29; the remainder of the first clause of the second sentence is covered by § 8, which authorizes the by-laws to provide for the selection of offi- cers. The provisions authorizing the directors to require security from the treasurer and to fill vacancies in the office of president and vice-president are not expressly re-enacted.] § 4. Any association incorporated under this act may take by purchase or devise, and hold, within the county in which the certificate of its incorporation is recorded, not exceeding two hundred acres of land, or such further quantity as the legislature has prescribed or may prescribe, to be held and occupied exchus- ively for a cemetery for the burial of the dead. Such lands or such parts thereof as may from time to time be required for that purpose shall be surveyed and subdivided into lots or plats of such size as the trustees may direct, with such avenues, paths, alleys, walks and ornamental plats as the trustees may .deem proper, and a map or maps of such surveys shall be filed and kept in the office of the association open to the inspection of all per- sons. The trustees must fix and determine the priees of the burial lots or plats and the conditions and restrictions imposed upon the use of such lots or plats, and keep a copy of the sched- ules of such prices and of such conditions and restrictions plainly printed and publicly posted in the principal offices of the associa- tion, open at all reasonable times to the inspection of all persons, and the trustees shall sell and convey the lots or plats designated on such maps upon payment of the prices sa fixed and determined, subject to such conditions and restrictions as have been imposed upon the use of such lot or plats at that time adopted and there- after to be adopted by the trustees of such association; provided, however, that the trustees shall not be required to sell and convey more than one lot or plat to any one person. But any city or town in which the lands of such association are situated and any incorporated village located wholly or in part in such town may purchase such reasonable number of lots or plats in such proper LAWS REPEALED BY MEM. CORP. LAW, 16a (Laws 1847, ch. 133; R. 8. 8th ed, 1936.) portion of the lands of such association for the interment of strangers and other persons who may die in such town or village under such circumstances that it would be unreasonable to require payment for the privileges of making such interment; and such city, town or village or the county in which such lands are situated may also purchase other lots or plats as may be proper for the suitable burial of such soldiers as shall be buried at pub- lic expense. The conveyances shall be executed under the common seal of the association and signed by the president or vice-president and treasurer of the association. Any association incorporated under this act may hold personal property to an amount not exceeding five thousand dollars, or such further amount as the legislature has prescribed or may prescribe, besides what may arise from the sale of lots or plats. (As amended by L. 1891, ch. 382.) [The first sentence is re-enacted in § 45 of revision with- out change of substance. The second sentence relating to the surveys of lots is in § 46 of revision. The third sentence, relating to the prices of lots and the sale thereof is re-enacted in § 49 of revision, but the use only of the lot can be sold. The power of municipalities to purchase lots is omitted here. It properly belongs in the Gen. Municipal Law. The manner of executing conveyance is in § 49 of revision. The last sentence is omitted being covered by Gen. Corporation L, §§ 11, 12.] § 5. The annual election for trustees to supply the place of those whose terms of office expire shall be holden on the day mentioned in the certificate of incorporation, and at such hour and place as the trustees shall direct, at which election shall be chosen such number of trustees as will supply the places of those whose terms expire. But the trustees of any corporation organ- ized under this act shall have power, by resolution of a majority of all of said trustees, to change the time for the annual election of trustees, as fixed in their act of incorporation; but no such reso- - lution snall take effect until sixty days after the same shall have — < % > been published six successive weeks, once a week, in some news- paper published in the city or county where the cemetery of the said association is situated, and a copy of said resolution, certi- fied by the president and secretary thereof, shall have been filed in the office of the clerk of the county where their certificate of incorporation is recorded. The trustees chosen at any clection subsequent to the first shall hold their places for three years, and until others are chosen to succeed them. The election shall be 166. LAWS REPEALED BY MEM, CORP, LAW, (Laws 1847, ch. 133; R. S, Sth ed, 1936.) by ballot, and every person of full age who shall be proprietor of a lot or plat in the cemetery of the association, containing not less than ninety-six square feet of land, or if there are more than one proprietor of any such lot or plat, then such one of the pro- prietors as the majority of joint proprietors shall designate to represent such lot or plat, may, either in person or by proxy, give one vote for each plat or lot of the dimensions aforesaid, and the persons receiving a majority of all the votes given at such election shall be trustees to succeed those whose term of office expires. If at any such election one-fifth in number of the said proprietors shall not, in person or by proxy, vote thereat, then the trustees to be chosen shall be elected and chosen by the existing trustees, or a majority of them, unless such trustees to be chosen shall be elected and chosen by the voters of holders of unredeemed ecertifi- cates or bonds given for the purchase or improvement of said cemetery grounds, pursuant to chapter one hundred and sixty- three of the laws of eighteen hundred and sixty; and the existing trustees shall, in all cases, hold their places until their successors are elected and qualified. But in all elections after the first, the trustees shall be chosen from among the proprietors of lots or plats. But no proxy shall be voted upon at any election for trustees that has not been executed within ten months prior to such election; and the trustees shall have power to fill any vacancy in their number occurring during the period for which they hold their office. Public notice of the annual elections shall be given in such manner as the by-laws of the corporation shall prescribe. (Thus amended by L. 1890, ch. 229.) [The first sentence of § 5 is not re-enacted, as it is unneces- sary. The time for holding the annual meeting may be changed pursuant to § 15, by filing supplemental certificate. The by-laws may prescribe the term of office of trustees. Section 48 of revision provides for who may vote at corporate meetings. Vacancies in the board of directors cecurring other than by expi- ration of term, may be filled by the board until the next annual election instead of for the remainder of the term, pursuant to section 14 of revision.] § 6. The trustees at each annual election shall make reports to the lot proprietors of their doings, and of the management and condition of the property and concerns of the association. If the annual election shall not be held on the day fixed in the certificate of incorporation, the trustees shall have power to appoint another day not more than sixty days thereafter, and shall give public LAWS REPEALED BY MEM. CORP. LAW. 167 (Laws 1847, ch. 133; R. S, 8th ed, 1936.) notice of the time and place, at which time the election may be held with like effect as if holden on the day fixed on in the certifi- cate. The office of the trustees chosen at such time to expire at the same time as if they had been chosen at the day fixed by the certificate of incorporation. EBy § 11 of revision the directors are required to make annual report. Section 24 of Gen. C. L. provides for holding elec- tions where not held on day appointed.] § 7. All lots or parts of lots or plats which shall be conveyed by the association as a separate lot or plat, shall be indivisible, but may be held and owned in undivided shares; but any lots or plats or parts of lots or plats remaining unsold, and in which there shal] have been no interment, may, by order of the trustees be resur- veyed, enlarged, subdivided or altered in shape or size, and designated by numbers or otherwise on any map or maps which may be filed and kept pursuant to the fourth section of this act. One-half at least of the proceeds of all sales of lots or plats shall be first appropriated to the payment of the purchase money of the lands acquired by the association until the purchase-money shall be paid, and the residue thereof to preserving, improving and embellishing the said cemetery grounds and the avenues or roads leading thereto, and to defraying the incidental expenses of the cemetery establishment; and after the payment of the purchase. money and the debts contracted therefor, and for surveying and laying out the land, the proceeds of all future sales shall be applied to the improvement, embellishment and preservation of such cemetery, and for incidental expenses, and to no other purpose or object unless expressly authorized by law. Associations formed under this act may also agree with the person or persons from whom cemetery lands shall be purchased, to pay for such lands, as the ‘:purchase-price thereof, any specified share or portion not exceeding one-half the proceeds of all sales of lots or plats made from such lands, in which case the share or portion of such pro- ceeds so agreed upon, not exceeding one-half thereof, shall be first appropriated and applied to the payment of the purchase-money of the land so acquired, and the residue thereof shall be appropri- ated to preserving, improving and embellishing the said cemeciery (Laws 1847, ch. 133; R. 8, 8th ed., 1937.) grounds, and the avenues, paths and roads therein and leading thereto, and to defraying the incidental expenses of the cemetery establishment. In all cases where cemetery lands shall be pur- 168 LAWS REPEALED BY MEM. CORP. LAW, |! (Laws 1847, ch. 183; R. S, 8th ed., 1937.) chased and agreed to be paid for in the manner hereinbefore pro- vided, the prices for lots or plats specified in the by-laws, rules and regulations first adopted by such associations, shall not be changed without the written consent of a majority in interest of the persons from whom the cemetery lands were purchased, their heirs, representatives or assigns. (Thus amended by L. 1879, chap. 108.) [The first part of the above section is re-enacted in § 49 of revision, with the following change: Instead of being indivisi- ble lots, may be divided with the consent of the lot-owner and the corporation. By § 46 the corporation is authorized to divide unsold lots or plats. The remainder of the section is re-enacted without change of substance in § 50 of revision.] [Section 8 repealed by L. 1886, chap. 593.] § 9. Any association incorporated pursuant to this act, may take and hold any property, real or personal, bequeathed or given upon trust, to apply the income thereof under the direction of the trustees of such association, for the improvement or embellish. ment of such cemetery, or the erection or preservation of any building, structures, fences or walls, erected or to be erected upon the lands of such cemetery association, or upon the lots or plats of any of the proprietors; or for the repair, preservation, erestion or renewal of any tomb, monument, gravestone, fence, railing, or other erection, in or around any cemetery lot, or plat; or for plant- ing and cultivating trees, shrubs, flowers or plants, in or around any such lot or plat, or for improving.or embellishing such seme- tery, or any of the lots or plats in any other manner or form, con- sistent with the design and purposes of the association according to the terms of such grant, devise or bequest. [Section 9 is re-enacted without change of substance in § 45 of revision. [Section 10 is not repealed.] § 11. Whenever the said land shall be laid off into lots or plats, and such lots or plats, or any of them, have been trans- ferred to individual holders, and after there has been an inter- ment in a lot or plat, so transferred, or aéter the death of the holder or proprietor of any lot or plat, such lot or plat, from ‘LAWS REPEALED BY MEM. CORP. LAW. 169 (Laws 1847, ch. 133; R. S., 8th ed., 1938.) the time of such first interment, or from the time of such death, shall be forever thereafter inalienable, and shall, upon the death of the holder or proprietor, descend to the heirs-at-law of such holder or proprietor and to their heirs-at-law forever, provided that any one or more of such heirs-at-law may release to any other of the said heirs, or any one or more of two or more joint-owners, may release to any other of the joint-owners, his, her or their interest in the same on such conditions as shall be specified in the release, a copy of which shall be filed in the office of the cemetery association; and provided, further, that the body of any deceased person shall not be interred in any lot or plat, unless it be the body of a person having, at the time of such decease, an interest in such lot or plat, or the relative of some person having such interest, or the wife or husband of such person, or his or her relative, except by the consent of all persons haying such interest; and provided, further, that in case all bodies interred in any lot or plat shall be lawfully removed therefrom, the owner or owners of such lot or plat may apply to any special term of the supreme court held in the county where the cemetery of such association is situated, or in an adjoining county, for leave to sell the same. Notice of such application, with a copy of the papers upon which the same is founded, shall be given to all parties interested, including such association, as in case of ordinary motions, upon notice, brought before the said court; and the said court may, for proper cause shown, authorize the sale of such lot or plat. But after the death of the holder cr proprictor of any lot or plat, or if there be more than one holder or proprietor, after the death of cither or any of them, no’ such sale shall be authorized by the court, unless directed or authorized to be made in and by the last will and testament of said deceased. Any body interred in any lot and removed therefrom shall be deemed to be lawfully removed, within the meaning of this section, if such removal was with the consent of the cemetery association, on the written application of the executor, or widow, or widower; or nearest of kin of the deceased; or if such. association refused such con- sent, then, in lieu thereof, the consent of any special term of the supreme court held in the county where the cemetery of such association is situated, or an adjoining county. At any time when application for such consent shall be made to any such special term, notice thereof, as in case of ordinary motions, upon notice, brought before the said court, with a copy of the papers upon which the same is founded, shall be given to said association and to such other parties as the court shall direct; 22 170 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1847, ch. 133; RB. S., 8th ed., 1938) and the said court may, for proper cause shown, authorize the removal of such body. (Thus amended by L. 1880, chap. 566.) fhe first part of the section is in § 49 of revision, with- out change of substance. The provision restricting burials is in § 51 of revision. If no burials have been made in a lot or all the bodies have been removed, § 49 authorizes the lot owners to sell the lots, with the consent of the corporation. The provision that, after the death of the holder of a lot, it shall not be sold unless directed by his will, is omitted because it is believed that sale is sufficiently restricted if prohibited where a body is buried in the lot. There is no reason why an heir or devisee owning a lot in which no burials have been made should not sell as well as the original holder. Section 51 of revision provides for the removal of bodies from cemetery lots.] § 12. It shall be the duty of every rural cemetery association incorporated pursuant to this act to provide suitable lots and plats for the burial of the dead without interference with the portions of its grounds set apart for ornamental purposes, and from time to time acquire additional land for burial purposes, including such land as shall be proper for ornamenting the same, whenever such land shall be needed and the financial condition of the association shall warrant the expenditure required there- for. (As am. by L. 1891, ch. 382.) f Section 12 is re-enacted without change of substance in § 45 of revision.] § 18. An accurate record of every interment in every cemetery belonging to such rural cemetery association shall be made by the trustees or other proper officers having control of the same, showing the date of the interment and the name, age and place of birth of the person buried, when these particulars can be con- veniently ascertained; such record shall be so kept as to show the lot and part of the lot in which such interment shall have been made, and a copy of such. record, duly certified by the secre- tary of such association shall be furnished on demand and pay- ment of such fees therefor, as are allowed to county clerks for certified copies of records. (As am. by L. 1891, ch. 382.) {Section 18 is re-enacted without change of substance in § 48 of revision. ] (L. 1848, ch. 299; R. S., 8th ed., 2020.) § 3. The New York state agricultural society, and the several county agricultural societies, now formed, or which shall here- after be formed, and the American institute, shall annually elect i i ei ie eS oe Bed LAWS REPEALED BY MEM. CORP. LAW. 171 (Laws 1848, ch. 299; RB. S, 8th ed., 2020.) such officers as they may deem proper, and it shall be the duty of such ofticers annually to regulate and award premiums on such articles, productions and improvements, as they may deem best calculated to promote the agricultural and household manufact- uring interests of this state, having special reference to the net profits which accrue or are likely to accrue from the mode of raising the crop or stock, or the fabrication of the articles offered with the intention that the reward shall be given to the most economical or profitable mode of competition; provided always, that before any premium shall be delivered, the person claiming the same, or to whom the same may be awarded, shall deliver in writing to the president of the society, an accurate description of the process in preparing the soil, including the quantity and quality of the manure applied in raising the crop and the kind and quantity of food in feeding the animal, as may be; also the expense and product of the crop, or of increase in value of the animal, with a view of showing accurately the profit of culti- vating the crop, or feeding or fattening the animal. {Section 3 is reenacted without change of substance in § 142 of revision.] § 6. The presidents of county societies, or delegates to be chosen by them annually for the purpose, shall be ex officio mem- bers of the New York State Agricultural Society. [Section 6 is re-enacted without change of substance in § 146 of revision.} (Laws 1848, chap. 319; R. S., 8th ed., 1922.) Section 1. Any five or more citizens of full age, citizens of the United States, a majority of whom shall be citizens of and resident within this state, who shall desire to associate themselves for benevolent, charitable, literary, historical, scientific, missionary or mission or Sunday school purposes, or for the purpose of mutual improvement in religious knowledge, or for the furtherance of religious opinion, or for the purpose of promoting and cultivating the fine arts by establishing a gallery or collections of pictures and statuary, including other objects of the fime arts, and for the purpose of maintaining a library, or as a society for the pre- vention of crime, or for any two or more of such objects, may make, sign and acknowledge before any officer authorized to take the acknowledgment of deeds in the state, and file in the office of the secretary of state, and also in the office of the clerk of the county in which the business of such society is to be conducted, 172 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1848, ch. 319; RB. S, 8th ed., 1922) - @ 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. Such society may select, from its board of directors or managers, not less than five nor more than fifteen of said directors or managers, at the time of its organization or thereafter, on consent, in writing, of a majority of said directors or managers to serve as trustees of said society for the care, custody and management of its property interests, as may be prescribed by its rules or by-laws, to aet in such capacity in the place of said directors or managers or any committee thereof; and when so selected a certificate thereof shall be filed with the original certificate of incorporation. And any corporation organized, or which may hereafter be organized, under the pro- visions of this act, may, from time to time, change the title of the members of their managing board or increase or decrease the number thereof to not less than five, on the consent, in writ- ing, of not less than two-thirds of their number. A certificate of such change, executed as hereinabove provided for the origi- nal eertificate, shall be filed with the original certificate; but neither such original certificate nor such amendment thereof shall 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 or principle* office of such company or association shall be located, to be indorsed on such certificate; and no written consent or approbation shall be given by any justice of the supreme court, for the organization and incorpora- tion of any society under this act, for the care or disposal of any orphan, pauper or destitute children, except upon the certi- ficate in writing of the state board of charities approving of the organization and incorporation of such society, which certificate of such state board of charities shall be filed with the original certificate of such incorporation. (As am. by L. 1894, ch. 325.) he provisions in regard to organization of corporation and filing of certificate and approval thereof are substantially re-en- acted in §§ 30 and 31 of revision. The provision that the corporation may change title of its managing board is omitted. The provision that the directors or trustees may increase or decrease their number is superseded by § 14, which provides for an increase or decrease by vote of the members. The pro- vision in relation to trustees of the property of the corporation is in § 10 of revision. ® So in the original. a BAWS REPEALED BY MEM. CORP. LAW. L173 (Laws 1848, ch. 319; R. S., 8th ed, 1923.) § 2. Upon filing a certificate as aforesaid, the persons who shall have signed and acknowledged such certificate and their associates and successors shall thereupon, by virtue of this uct, be a body politic and corporate by the name stated in such cer- tificate, and by that name they and their successors shall and may have succession and shall be persons in law capable of suing and being sued, and they and their successors may have and ‘1se a common seal, and the same may alter and change at pleasure; and they and their successors, by their corporate name shall, in law, be capable of taking, receiving, purchasing and holding real and personal estate for the purposes of their incorporation and for no other purpose,to an amount not exceeding in the aggregate the sum of two million dollars in value; but the clear annual income of such real and personal estate shall not exceed the sum of two hundred thousand dollars; to make by-laws for the man- agement of its affairs, not inconsistent with the Constitution and laws of this state or of the United States; to elect and appoint the officers and agents of such society, for the management of its business and to allow them a suitahle compensation. (Thus amended by L. 1885, chap. 88, superseding L. 1872, chap. 649.) F'The general powers of the corporation are in G. C. L., § 11. The power to hold property not exceeding three million dollars in value, the clear annual income of which is not more than five hundred thousand dollars is in § 12, G. C. L. Section 321 of revision provides that on filing the certificate the corporation is formed. The power to make by-laws is in § 8 of revision.] § 3. The society, so incorporated, may annually elect, from its members, its trustees, directors or managers, at such time and place, and in such manner as may be specified in its by-laws, who shall have the control and manyement of the affairs and funds of said society, a majority of whom shall be a quorum for the transaction of business, if not otherwise provided in the by-laws, except that no such purchase, lease or sale of real estate shall be made unless two-thirds of the whole number are present at the meeting at which it is ordered; and whenever any vacancy shall happen among such trustees, directors or managers, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. (Thus amended by L. 1853, chap. 487.) [By § 8 of revision the corporation is given power to make by-laws regulating the election of officers. By § 29 of Gen. Corp. Law, the directors are given the management of the affairs of the corporation, and a majority is made a quorum unless the 174 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1848, ch. 319; R. S.,, 8th ed., 1923.) by-laws provide otherwise. By § 13 of revision, real property can only be sold on leave of the court on application of a majority of the members, whereas by this section two-thirds of the trustees seem to have such power.] § 5. The provisions of this act shall not extend or apply to any association or individuals, who shall, in the certificate filed with the secretary of state, or with the county clerk, use or specify a name or style the same as that of any previously existing incor- porated society in this state. (Thus amended by L. 1861, chap. 239.) (Omitted. Covered by G. GL, § 6.J [Section 6, relating to devises, is not repealed.] § 7. The trustees of any company or corporation organized under the provisions of this act, present at any meeting author- izing the contraction of any debt, and acquiescing in the passage of any resolution or order authorizing the same, shall be jointly and severally liable for any such debt, provided, a suit for the collection of the same shall be brought within one year after the debt shall become due and payable. (Thus amended by L. 1853, chap. 487.) {Section 11 of revision makes the directors liable for debts contracted while directors, payable within one year, if a suit against the corporation for the collection of the same is brought within one year after the debt is due, and if after execution against the corporation is returned unsatisfied, a second suit is commenced against such directors within one year after the return of such execution.] § 8. All institutions formed under this act, together with their books and vouchers, shall be subject to the visitation and inspection of the justices of the supreme court, or by any person or persons who shall be appointed by the supreme court for that purpose, and it shall be the duty of the trustees, or a majority of them, in the month of December in each year, to make and file in the county clerk’s office where the original certificate is filed, a certificate under their hands, stating the names of the trustees and officers of such association or corpo- ration, with an inventory of the property, effects and Habilities thereof, with an affidavit that such association or corporation has not been engaged directly or indirectly, in any other business than such as is set forth in the original certificate on file. f'Che visitation by supreme court is retained in § 16 of revision. The provision requiring the filing of an annual report is omitted. See motes to §$ 11 and 16. LAWS REPEALED BY MEM. CORP. LAW. 176. (Laws 1848, ch. 319; R. S., 8th ed., 1924) [Section 9 was repealed by Gen. C. L. of 1890.] [Section 10 is the right to alter, amend or repeal.] § 11. The number of trustees, directors or managers in any cor- poration which may have been heretofore or which may hereafter be organized under the said act may be increased as follows: The existing trustees of any such corporation, or a majority thereof, shall make and sign a certificate declaring how many trustees, directors or managers the corporation shall have in the future management of its business and stating the names of the new or additional trustees, directors or managers, which cer- tificate shall be acknowledged or be proved by a subscribing witness, and shall be filed in the office of the secretary of state, and also in the office of the clerk of the county where the original certificate of incorporation was filed; and from and after the filing of such certificate, the trustees, directors or managers of such corporation shall be deemed increased to the number therein stated, and the persons so named shall be trustees until a new election of trustees, directors or managers shall be had according to said act and the by-laws or regulations of said corporation. (Added by L. 1875, chap. 452.) [Section 14 of revision allows the members to change the number of directors, but the number can not be changed by the directors themselves as provided in this section.} [There is no § 12 to this act. Section 13 was added as such.] § 13. The term of existence of any corporation which may have heretofore been or which may hereafter be organized under this act, may be extended in the following manner: The trustees of such corporation, or a majority of them, shall make and sign a certificate declaring the term, not exceeding fifty years, for which the said corporation is to be continued, which certificate shall be duly acknowledged, and be filed in the office of the secretary of state, and also a copy thereof in the office of the clerk of the county where the original certificate of incorporation was filed; and from and after the filing of such certificate and copy, the said corporation shall be deemed continued for the term of years therein specified. (Added by L. 1876, chap. 190.) FBy § 32 of Gen. CO L, a membership corporation can extend its existence with the consent of two-thirds of its members. This § 18 is omitted, and with all membership corporations the corporations under this law are brought within the provisions of the Gen. C. L., § 32.9 176 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1849, chap. 273; R. S., 8th ed., 1924.) [Section 1 amends the act of 1848.] § 2. The trustees, directors or stockholders of any existing benevolent, charitable, scientific or missionary corporation may by conforming to the requirements of the first section of the act hereby amended, re-incorporate themselves or continue their exist- ing corporate powers for the period limited by the act hereby amended, and all the property and effects of such existing corpora- tion shall vest in and belong to the corporation so re-incorporated or continued. (Omitted as unnecessary as to corporations created by genera] laws repealed by this chapter. Corporations created by special law can reincorporate under § 6.] (Laws 1851, ch. 358, amends L. 1847, ch. 133, § 5.) (Laws 1852, ch. 280, amends L. 1847, ch. 133.) (Laws 1853, ch. 122, amends L. 1847, ch. 133.) (Laws 1853, ch. 339, impliedly repealed by L. 1855, ch. 425.) (L. 1853, ch. 395; R. S, 8th ed., 2087,). Section 1. Any number of persons, not less than three, residing in this State, may become incorporated as a joint-stock com- pany for the purpose of founding, continuing and perpetuating a library of one or the other of the following descriptions, in the manner hereinafter mentioned. . § 2. A general company, formed by virtue of this act, may be either a circulating library company or a reference library com- pany. The books, manuscripts, maps, prints, coins, medals, paint- ings or other article of literary property or work of art of the first mentioned company, may either in whole or in part, as the trus- tees shall from time to time determine, be taken for use from the library rooms or buildings of the corporation. But no book, manu- script, map, print, coin, medal, painting, article of literary prop erty or work of art, belonging to the second mentioned company. shall be taken, kept or used, out of the library rooms or build ings of the company, under any permission or pretense whatever except for its repair or preservation, or for the purpose of being deposited in some other building of the company, should the) change from one to another location, nor shall it be sold or exchanged, unless the company have an exact duplicate thereof. § 3. Such persons as are mentioned in the first section of this act, when desirous to form a library company under this act, may meet and appoint a chairman and secretary, by a vote of a majority of those present, and proceed to form one or the other Pe LAWS REPEALED BY MEM. CORP. LAW. 177 (Laws 1853, ch. 395; R. S., 8th ed., 2037.) of the descriptions of company specified in the second section of this act, by determining: 1, Upon the description of company they will form. 2. Upon a corporate name for such company, which shall include the word circulating or reference, as the description of the company may be. 3. Upon the number of trustees to manage the affairs of the corporation, not less than three or more than nine. 4, Upon the city or town of their county in which the library shall be located. 5. Upon the trustees for the first year. 6. Upon the day of the annual election thereafter, and the day the new trustees that may be elected shall enter upon office. 7. Upon the amount to be paid for a share of the stock to con- stitute a member, how much thereof shall be paid down, and the annual sum to be required by the company on each share of said stock, {Library corporations can hereafter incorporate only under the University Law (L. 1892, ch. 378), with the consent of the regents. Library corporations heretofore incorporated under this act of 1858, however, will continue subject to the membership corpora- tions law, article one.} § 4. The chairman and secretary of the meeting shall, within three days thereafter, make a written certificate, and sign their names thereto, and acknowledge the same before an officer auth- orized to take the proof and acknowledgment of conveyances in the county where such library is to be located, which certificate shall state the time and place of such meetings, the names of those who attended the same and concurred in the proceedings, and the matters specified in the last preceding section deter- mined upon by such meeting; 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 appro- priated 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 a » 4 be evidence of any matter above authorized to be inserted therein, and which it shall contain. § 5. Upon such certificate being so recorded, the company mentioned therein shall be deemed to be legally incorporated, and shall have and possess the general powers and privileges of corporations, and be subject to the liabilities and restrictions contained in the third title of the eighteenth chapter of the first 23 178 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1853, ch. 395; R. S, Sth ed., 2038.) part of the revised statutes, so far as the same are consistent with this act. [See note to § 3.9 § 6. The business of the company shall be managed by its trustees, a majority of whom shall be a quorum; they shall be elected annually by the shareholders, and each of them, after the first year, must be a shareholder; they shall annually appoint a president and vice-president from among their own body, and shall also aj >int a treasurer, a secretary and librarian, who shall hold their offices during the pleasure of the trustees; and the treasurer and librarian may be required to give security for the faithful performance of the duties of their offices, respec- tively, and for the payment and delivery over to their successors, or other person or persons that may be directed by the trustees to receive the same, of the money and property intrusted to their care or custody, respectively; and the said trustees shall have power to admit members ef the company who may apply for admission and become shareholders; to make calls for pay- ment of the sums required to pay for the shares subscribed in such installments as they think proper; to establish other offices than those before mentioned; to appoint the officers thereto, and also all agents and servants deemed by them expedient fer the company, but such offices and appointments shall only be during the pleasure of the trustees; to make by-laws and pass resolutions, and the same from time to time to repeal, renew or alter, for regulating the election of trustees and officers, for transferring shares of the stock of said company, for prescribing the evidence, the transfer thereof, and also the duties of the officers, agents and servants of the company, the security they shall give and the compensation, if any, for the care, use, increase and preservation of the library and other property of the com- pany: also to procure, by purchase or donation, a proper lot and building for said library, with proper furniture and conveniences for the same and its use, and for the residence of its librarian or keeper thereof; also, to purchase, receive by gift or on deposit for use, any books, manuscripts, maps, prints, coins, medals, paintings and other literary articles and works of art for the library of the company, and generally to do any act necessary for the accomplishment of the objects of the corporation, not contrary to this act or to the constitution or laws of this state or of the United States. [The first clause of this section relating to the management o ‘the business and the number of directors constituting a quo LAWS REPEALED BY MEM. CORP. LAW, 179 (Laws 1853, ch. 395; RB. S., 8th ed., 2038) fs not re-enacted, as it is already covered by § 29 of the Gen. Corp. L. The clause commencing “to establish other offices, etc,” down to and including the words “and other property of the company,” is not re-enacted as it is already covered by § 11 of the Gen. Corp. L. which authorizes the members to make the by-laws. The general powers conferred by this section are covered by the power of the directors to manage the affairs of the corporation and the power of the members to make by-laws.} - § 7. Every person who shall be admitted a member of the cor- poration, with the right of voting, shall be the owner of at least one share of the stock thereof, for which he shall have paid the company all such sums of money as shall have been required to be paid thereon; and each member shall be entitled to one vote on every such share held by him, and standing in his name on the books of the company, and the shares shall be considered personal property, and pass and be transferable as such, subject, however, to the annual payments thereon, and to forfeiture for non-payment of calls or of annual payments, and to the provisions for regulating their transfer; and a certificate shall be granted to each share- holder for his shares, and no transfer shall be deemed valid, as between the shareholder and the company, until it ‘is registered in some proper book to be provided by the company, which book shall be open to the inspection of any shareholder, in the library building, at all reasonable business hours in the day-time, and shall be evidence of the right to vote in case of dispute. [Covered by power to make by-laws regulating the right of members to vote, § 8. § 8. Each share in such library company shall be charged with the payment of such annual sum as may be agreed on at the formation of the company and mentioned in said certificate; and such annual payment may be increased by a majority of the votes of the persons holding shares, at a meeting of the trustees, hold- ers, to be held at the library rooms, on notice of the trustees, specifying the proposed increase, published once a week, for four _ weeks, in at least one of the newspapers published in the county where the library is located, and posted, for a length of time, in the library room; but such increase shall not, at any one time, be made exceeding fifty per cent. more than the last preceding annual charge, nor exceed, in all, twenty-five dollars per year. Half of the annual charge shall be payable on the first Monday of May, and half on the first Monday of November, in each year, such payments to become due on the first of the said days which 180 LAWS REPEALED BY MEM. CORP. LAW. | (Laws 1853, ch. 395; BR. &., 8th ed., 2039.) shall occur after the shares shall have been created, or such annual payments have been increased; and the said semi-annual sums, when due, may be collected by suit, if deemed expedient, and if payment of any of them shall be neglected to be made (whether sued for or not) for five years, the share of which it may be charge- able may be declared by the trustees at any time thereafter, and while any part of it remains unpaid, to be forfeited, and shall thenceforth cease to be considered a share in the company, or to give any right or interest in said company to the holder or claim- ant thereof. Shares of the company may also be declared fpr- feited by the trustees for non-payment of the calls of any install- ment at the time specified in such call, and with the like effect as in this section mentioned on forfeiture for non-payment of semi- annual charges where such forfeiture shall be declared. [See note to last section. } § 9. The library of the company shall be open daily (Sundays and such holidays as the trustees shall, in their by-laws, specify, excepted), under the regulations of the trustees, for use by the shareholders, without requiring from them any other than the semi-annual. payments aforesaid on their respective shares, and the trustees may prescribe the terms on which persons not share- holders may inspect, make researches in, and use said library, but subject, however, in case of a reference library, to the restriction against and punishment for the removal of any book, manuseript, map, print, coin, medal, painting or other literary article or work of art belonging to said library company from their library building. § 10. Any person who shall fail to return, at the expiration of the time prescribed for its use, destroy or injure any article or property of any library company incorporated under this act, shall © be liable to damages to the full value of such article, and also to — such further amount of damages as any court in which a suit may be prosecuted therefor may award, to be determined however by jury, in case the action is tried by jury; and in case any hook, manuscript, map, coin, painting or other literary article or work of art shall be removed from the library building of any reference library company, except for its preservation or repair, or for the purpose of being deposited in some other building of the company, should they change from one to another location, the person so removing or assisting in so removing the same, and any trustee or officer of the company consenting to the removal thereof, or any person in possession thereof, after such removal, refusing to per- mit the same to be restored to such last mentioned library, shall LAWS REPEALED BY MEM. CORP. LAW. ~~ 1él (Laws 1853, ch. 395; R. S., 8th ed., 2039.) oe be deemed guilty of a misdemeanor, and on being indicted there- for, no nolle prosequi, discontinuance or relinquishment of the indictment or prosecution shall be allowed, except upon the terme of paying all the costs to the people, and a certificate of satis- faction from the company under their corporate seal, and the signature of a majority of the trustees for the time being; and the book or article so removed shall still be the property of the com- pany, and damages, as aforesaid in this section, may be recovered with costs in any court having cognizance of the suit; nor shall anything herein contained affect any prosecution for a felonious taking of the property of such company. f.All of this section is omitted, with the exception of the penal provision, which is covered by Penal Code, § 647; the entire section relates to matters of internal government, which may be regulated by by-laws. § 11. No reference library company shall be changed into a company of any other description by any act of the trustees or shareholders, except by the unanimous consent of such share- holders for the time being; and in case the legislature shall, without such unanimous consent, pass any law whereby the books, manuscripts, maps, prints, coins or medals, paintings, or other article of literary property, or work of arti of such company, or any of them, shall be permitted to be removed from them, or used elsewhere than in its library rooms, every dissenting share- holder shall first be paid the full value of his shares in said company, to be ascertained by appraisers appointed as the legis- lature shall direct, and sworn te appraise all the property of such company at its full value; and any person who may have _ made any donation to said company, if living, or his personal — representative, if the same -be dead, shall be entitled first to receive back the article and articles given, if, when the acl _ making the change.is passed, it or any of them is or are pos- sessed by the company; or if the donation was cash or real ' estate, to receive repayment of the cash and a reconveyance of _ the real estate or of the property for which such real estate F may have been sold or exchanged. [Omitteay - § 12. Any company incorporated under this act may take and hold real and personal property by gift, purchase, grant or ' devise; but any real estate, except such lot or lots as may be necessary or reasonably convenient for the library buildings f 182 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1853, ch. 395; R. S., Sth ed., 2040.) _ and a residence for the librarian, shall be sold and disposed of by the trustees in one year after the title and possession thereof shall be vested in the company (the receipt of the rent thereof to be deemed as actual possession); and it shall not be lawful for the trustees to retain, uninvested or unappropriated to the legitimate objects of the company under this act, more than two thousand dollars for a longer period than three months at any one time. > [The first clause of § 12 is not re-enacted, as it is already covered by § 11 of the Gen. Corp. L. The remainder of the section is omitted.J § 18. Any library company incorporated under this act may, with the consent of two-thirds of the members, for the purpose of purchasing a site and erecting library buildings, or a residence for the librarian, borrow money upon the bond or bonds of such company, at a rate of interest not exceeding seven per cent per annum, and secure payment of the same by mortgage on such site and buildings; but no such company shall incur any debts except those whicle may be created as above provided for the purpose of purchasing a site for and erecting library buildings, for any other purpose than is above provided, except such taxes and assessments as shall be imposed upon its property according to law; and the trustees shall be liable jointly and severally for any debt not hereby authorized, which they shall have contracted for the company, while they were trustees, and may retain and apply suflicient of the cash, bonds, notes or other securities of the company to discharge them from such liability, so far as it may have been contracted for the legitimate purposes of the company under this act; but no board of trustees shall lawfully make any contract on account ‘of the company, except for such site or buildings, or the payment of the moneys so borrowed, not to be performed during the year for which the board is chosen. (Thus amended by L. ‘1875, chap. 419.*) {The provision of § 18 authorizing the trustees to retain and apply sufficient of the cash, bonds, notes or other securities — to discharge them from liability for debts lawfully contracted, is not re-enacted, The liability of directors is fixed by § 11 of revision.} § 14. If any election shall fail to be held on the day mentioned in said certificate for incorporation, it may be held on any other day determined on by the trustees, on a notice of not less than six days, signed by the president or a majority of the “ LAWS REPEALED BY MEM. CORP. LAW. 183 (BE. 1854, ch. 50; R. S., 8th ed., 1924.) trustees, and posted during that time in the library room; and the trustees chosen at such special election shall hold their offices as if they had been chosen on the annual election day. Any vacancy in the office of trustee, occurring between the days of annual election, may be supplied by a majority of the trustees remaining in office, at any meeting duly held by them, and the person so chosen shall hold as if chosen at the day for the annual election next preceding such choice. [Omitted as being covered by Gen. Corp. L,, § 23.] , (L. 1853, ch. 487, amends L. 1848, ch. 319.) (Laws 1854, ch. 50; R. S., 8th ed., 1924.) Section 1. It shall be lawful for the supreme court of this state, upon the application of any benevolent, charitable, scien- tific or missionary society, incorpoated by law, in case it shall deem it proper, to make an order for the mortgaging of any real estate belonging to said corporation, and to direct the applica- tion of the moneys arising therefrom, by the said corporation, to such uses as the same corporation, with the consent and approba- tion of the said court, shall conceive to be most for the interest of the society for which the real estate so mortgaged belongs. (By § 13 of revision the property of a membership corporation may be mortgaged by leave of the court and by the concurring vote of at least two-thirds of its directors.] (L. 1854, ch. 112; R. S., Sth ed., 1945.) Section 1. Private or family cemeteries may be incorporated in the manner hereinafter prescribed. [Section 1 is not re-enacted in form.] § 2. Any number of persons desirous of availing themselves of the provisions of this act may purchase or set off, for a private cemetery, land to the extent of not more than three acres; and after inclosing. the same shall cause to be published in a news- paper printed in the county where the land is situated, or if there be no newspaper printed in that county, then in one printed in an adjoining county, a notice that a meeting of the proprietors of the land so purchased or set off will be held at a time and place designated, such notice to be published at least once in each week for six weeks successively next previous to the time of meeting; such meeting shall consist of not less than seven of said pro- prietors, and shall then and there elect not less than three of their number as trustees to manage the affairs of such corpora: 134 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1854, ch. 112; R. S, 8th ed., 1945.) tion for a period of five years; and in case of the death or resigna- tion of either of said trustees, the surviving or remaining trustees shall be authorized to fill the vacaney for the residue of the term from the members of the corporation, and at the end of said term new trustees shall be chosen in the same manner. fThe provision in § 2 relating to the publication of notice of meeting is not re-enacted. The remainder of the section is re-enacted, without change of substance, in § 56 of revision. } § 8. The chairman and secretary of the meeting shall make a written certificate and sign their names thereto, and acknowledge the same before an officer authorized to take the acknowledginent of deeds, containing the names of said trustees and the title of said corporation, and a description of the land, and shall file the same in the office of the clerk of the county in which the land so set apart is situated, and thereupon the said proprietors shall be deemed legally incorporated, and shali possess the general powers and be subject to the general liabilities which corpora- tions by law possess and are subject to; a certified copy of such certificate shall be evidence in all courts and places of the forma- tion of such corporation. {The provision relating to the powers and liabilities of the corporation is not re-enacted, as it is covered in § 11 of the Gen. Corp. Law. The provision making a certified copy of the certifi- cate cf incorporation evidence is not re-enacted, as it is already covered by § 9 of the Gen. Corp. Law. The remainder of the section is re-enacted, without change of substance, in § 56 of revision. ] § 4. No cemetery shall be established under this law that shall not be inclosed by a suitable fence or wall, nor shall such ceme- tery be hereafter located at a less distance than one hundred rods from any dwelling-house, without the written consent of the owner or owners thereof. [Section 4 is re-enacted in § 56 of revision.] [Section 5 repealed by L. 1886, ch. 593.] § 6. Cemeteries which have heretofore been used for private or family interments may be incorporated under the provisions of this act, subject to the provisions and conditions therein prescribed. FSection 6 is re-enacted without change of substance in § 56 of revision. } LAWS REPEALED BY MEM. CORP. LAW. 185 (Laws 1854, ch. 112; R. S., 8th ed., 1946.) § 7. It shall be lawful for any person to set apart or dedicate by deed, or devise by will, land to be used exclusively for a family cemetery or burial place for the dead, to appoint trustees to manage the affairs of such cemetery, to direct and prescribe the manner of appointment of such successors in such trusteeship, to set apart and grant to such trustees and their successors per- sonal property or money to constitute a fund to be used, either the principal or the interest thereof, or both, for the purpose of improving, maintaining in good order and condition, and adorn- ing such cemetery or burial place, subject to and in accordance with the directions of the grantor or testator in such deed or will; but the lands so set apart, dedicated or devised, shall not in any case exceed the quantity limited by this act, nor shall the fund so set apart and granted as aforesaid by will, exceed ten per cent of the clear value in excess of the debts and liabili- ties, other than legacies, of the estate of the testator; nor shall the land, property or money set apart and devoted by deed or otherwise under this act to the purposes of a cemetery, as in this and the subsequent section provided, be exempt from levy and sale under execution, except as now or hereafter exempt by law. (Added by L. 1871, chap. 68.) {Section 7 is re-enacted in § 57 of revision. § 8. The executors, administrators or trustees of the estate of any deceased person may, upon the written authorization and direction thereto of all the surviving heirs, legatees, devisees and next of kin of the testator or intestat», executed in person or by their lawful attorneys or general guardians, set apart, to be used exclusively as a family cemetery or burial place for the dead, suitable lands of the testator or intestate, or purchase with funds of the estate under their control suitable lands for such purpose, appoint trustees to manage the same, and direct and prescribe the manner of appointment of their successors, set apart and pay to the trustees so appointed by them, from the funds of the estate under their control, personal property or - money, or both, of the value and to an amount limited in the authorization and direction aforesaid, to constitute a fund to be used, either ithe principal or the interest thereof, or both, for the purpese of improving, maintaining in good order and con- dition, and adorning such cemetery or burial place, subject to and in accordance with the rules and directions contained in the written authorization and direction aforesaid; but the quantity 24 186 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1854, ch. 112; R. S, Sth ed., 1947.) of land so set apart shall not exceed the limit prescribed in the foregoing section. (Added by L. 1871, chap. 68.) FSection 8 is re-enacted without change of substance in § 57 of revision. § 9. The trustees appointed in accordance with the provisiens of section seven, or of section eight of this act, shall, before enter- ing upon their duties as such trustees, file in the office of the clerk of the county in which the land set apart and dedicated for ceme- tery and burial purposes under section seven or section eight of this act is situated, their written acceptance of their appointment as such trustees, together with a copy of the deed or will, or writ- ten authorization and direction under which their appointment shall have been made, and together with a certificate signed by all the trustees who shall accept and agree to serve, and acknowl- edge before an officer authorized to take the acknowledgment of deeds, containing a description of the land so set apart, the title of the corporation thus proposed to be organized under this act, and the names of the trustees thereof; thereupon the said trus- tees and their successors shall be deemed legally incorporated, with all the rights and powers and subject to the liabilities of other corporations under this act; a certified copy of such certiti- cate shall be evidence in all courts and places of the formation of such corporation. Said trustees and all successors thereof, shall before receiving the property, money and fund as herein provided for improving, maintaining and adorning the cemetery under their charge, execute to the surrogate of the county in which it is situated, a bond with sureties, approved by the surrogate, in the penal sum of twice the principal sum of the fund placed in their charge, conditioned for the faithful preservation and application thereof, according to the rules, directions or by-laws prescribed in the instrument under which their appointment shall have been made, and from time to time renew their bond or execute a new bond whenever required so to do by said surrogate; they shall, also, at least once in each year, and oftener if required by the sur- rogate, file with him their account of receipts and expenditures on account of the fund in their hands, together with vouchers for all disbursements by them; they shall have the general care and management of the cemetery under their charge, subject to the rules and directions contained in the instrument or instruments by or under which their appointment shall have been made, and shall be subject to removal for neglect of duty or malfeasance in LAWS REPEALED BY MEM. CORP. LAW. 187 ' (Laws 1854, ch. 112; R. S., 8th ed., 1947.) office {n the same manner as trustees of other corporations. (Added by L. 1871, chap. 68.) [The provision making a certified copy of the certificate of incorporation evidence is not re-enacted, as it is covered by § 9 of the Gen. Corp. L. The remainder of the section is re-enacted without change of substance in § 57 of revision. ] § 10. Additional adjoining lands may be acquired by purchase by any private or family cemetery now or hereafter organized under the provisions of this act to an extent not to exceed three acres in all; but no additional lands so purchased or otherwise acquired shall be used for the purpose of burial, within three hun- dred feet of any dwelling, without the written consent of the owner or owners thereof. (Added by L. 1877, chap. 469.) [Section 10 is re-enacted in § 56 of revision as to private cemetery corporations without change of substance, but not re-enacted as to family cemetery corporations.] [Section 11 is not repealed.] (L. 1855, ch. 425; RB. S., Sth ed., 2015.) . Section 1. Any ten or more persons of full age, citizens of the United States, and a majority of whom shall be citizens of this state, who shall desire to form a county or town agricultural society in any county, city or village in this state, may make, siyn and acknowledge, before any officer authorized to take the acknowledgment of deeds in this state, and file in the office of the secretary of state, and also in the office of the clerk of the county in which the business of such society is to be conducted, a certifi- cate in writing wherein shall be stated the name and title wherevy ' 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 name of such trustees, directors or managers thereof for the first year of its existence. If any such certificate shall fix the period of the existence of any corporation or society formed under this act, such corporation or society may, at any time within three years before the expiration of such period, extend the term of its existence beyond the time specified in such origina? certificate or in any certificate of exten- sion of its corporate existence, by the consent sf the stockholder owning two-thirds in amount of its capital stock, or if not a stock corporation, by the consent of two-thirds of its members, in and by a certificate signed and acknowledged by them and filed in the offices in which the original certificates of its incorporation were fited; and the officer with whom the same may be filed shall there- 188 LAWS REPEALED BY MEM. CORP. LAW. | (Laws 1855, ch. 425; R. S., 8th ed., 2015.) upon record them in the books kept in their respective offices for the record of such certificates, and make a memorandum of such record in the margin of the record of the original certificate, if recorded, and thereupon the term of existence of such corporation or society shall be extended as designated in such certificate, for a term not exceeding the term for which it was incorporated in the first instance. (As amended by L. 1891, chap. 10.) FThe provisions of § 1, specifying the number of incost porators and the contents of the certificate of incorporation are re-enacted without change of substance in § 140 of revision. The provision specifying the qualifications of incorporators is not re-enacted, as it is already covered by § 4 of the Gen. Corp. L., while that portion stating where the certificate of incorporation shall be filed is covered by § 5 of the Gen. Corp. L. The remainder of the section is not re-enacted, as it is already covered by § 82 of the Gen. Corp. L.J § 2. Upon filing the certificate as aforesaid, the persons, who shall have signed and acknowledged such certificate, and their associates and successors, shall thereupon, and by virtue of this act, be a ‘body politic and corporate by the name stated in such certificate, and by that name they and their successors shall and may have succession, and shall be persens in law, capable of suing and being sued, and they and their successors may have and use a common seal and may change and alter the same at pleasure, and they and their successors, by their corporate name, shall in law be capable of taking and securing, hiring, leasing and under- letting, purchasing and holding real estate for the purposes of their incorporation and for no other purpose, to a sum not exceed- ing the sum of thirty thousand dollars in value, and personal estate for like purposes to an amount not exceeding ten thousand dollars, and to make by-laws for the management of its affairs, not incon- sistent with the laws of this state or of the United States, pro- vided that no more property be exempt from taxation than is now allowed in the general law authorizing the incorporation of county and town agricultural societies. (Thus amended by L. 1881, chap. 207.) [Section 2 is not re-enacted. The provision specifying the powers of the corporation is covered by § 11 of the Gen. Corp. L., while the provision specifying the amount of real and personal property the corporation may hold is entirely omitted. § 3. Any person who shall pay into the treasury of said society such sum as the by-laws of said society shall require, of not less LAWS REPEALED BY MEM. CORP. LAW. 189 (Laws 1855, ch. 425; R. 8., 8th ed., 2016.) than ten dollars, may be a life member of said society, with all the privileges of an annual member thereof. f Omitted, as being covered by the power to make by-laws regulating admission of members, etc. See § 8 of revision.} § 4. Any person who shall pay into the treasury of said society annually a sum not less than fifty cents, as prescribed by the by-laws of said society, shall be a stockholder and entitled to all the privileges and immunities thereof, or any society may by a majority vote, and by filing a certificate to that effect in the county clerk’s office of the county where it is located, divide the amount of real and personal property authorized by section two of this act into shares of not less than ten dollars each, and sell the said shares at not less than the par value thereof, to raise meney for the purposes contemplated in this act, or may cause books to be opened by said directors for the subscription of capital stock to said corporation at such time and places and in such man- ner as they may deem best. The capital stock of said corporation to be subscribed for under this section shall not exceed forty thousand dollars, and shall not be less than five thousand dollars, and shall be divided into shares of ten dollars each, and shall be paid in cash by the subscribers thereto at the time of such sub- scription; and the moneys so raised shall be subject to the pro- visions of section two of this act, and any person owning one or more of said shares of stock shall be a member and stockholder of said society, and may have one vote for each share so owned by him at any stockholders’ meeting of said society. Dividends may be made from the earnings of said society and paid to the owners of said stock to the amount of twenty per centum per annum, but no such dividend shall be made when the society is in debt. (Thus amended by L. 1881, chap. 207, superseding L. 1876, chap. 346.) [The provision authorizing the corporation to divide its prop- erty into shares and sell the shares is not re-enacted. By § 144 of revision, the corporation is authorized to issue stock, but on doing so, the corporation becomes subject to the Stock. Corp. L., and not to article one of this chapter.] § 5. The officers of said society shall consist of a president, and at least one vice-president, a secretary, a treasurer, and not less than six or more than fifteen directors. The president, vice president, treasurer and secretary shall be elected annually, and the first year be a full board of directors. The board of directors. shali be divided by lot into three classes; the first class to serve 190 LAWS REPEALED BY MEM. CORP. LAW, (Laws 1855, ch. 425; R. S., 8th ed., 2016.) one year, the second class two years, and the third class three years; and at the expiration of each term there shall be elected one-third of the directors for three years, and all vacancies that may occur to be filled only for the term made vacant. The elec- tion of all officers shall be by ballot of the stockholders or mem- bers, who shall have been such, not less than thirty days prior to such election. The board of managers shall consist of the presi- dent, the first vice-president, secretary, treasurer and directors, a majority of whom shall constitute a quorum for the transaction of business; and it shall be the duty of said officers to so manage the property and concerns of the said society, as will best pro- mote the interests of agriculture, horticulture and mechanic arts; and they shall hold annual fairs and exhibitions, and distribute premiums to the best and most meritorous exhibitors in their sey- eral departments. (Thus amended by L. 1884, chap. 436.) {The provisions relating to the management of the property and to the holding of fairs and distribution of premiums are re-en- acted without change of substance in § 142 of revision. The provisions as to what officers the corporation may have is omitted as covered by § 8, authorizing the corporation to make by-laws on that subject. Section 5 makes the board of managers consist of the president, ete., and the directors. This is omitted. The directors become the board of managers under the provisions of § 29 of the Gen. Corp. L.J § 6. There shall be but one county society in any one county in this state; nor shall there be more than one society in any town therein; but any two, or three or four towns may join and organize a society for the same, but the organization of such society by an association of towns shall not be held to prohibit the organization of any town society, or either one of such town societies. (Thus amended by L. 1881, chap. 388.) {Section 6 is re-enacted without change of substiance in § 141 of revision. } § 7. The said societies may, in ease the uses and convenience thereof so require, upon applicaticn to the supreme court of the district wherein said county at the time of such application shall be situated, obtain the requisite order and power to sell or mortgage, 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 society, at a regular or special meeting thereof, by a vote of not less than two-thirds of the legal mem- bers of said society present at such meeting, and notice of the LAWS REPEALED BY MEM. CORP. LAW. 191 (Laws 1855, ch. 425; R. S. 8th ed., 2017.) intention to vote for such application having been published in three of the newspapers printed in said county once a week for two weeks preceding such meeting, and having been sent by mail to each member addressed to him at his last known place of residence, at least ten days prior to said meeting. (As am. by L. 1894, ch. 139.) [Section 18 authorizes the court to permit sale or mortgage of real property of membership corporation on the concurring vote of two-thirds of the directors.] § 8. The officers of any society organized under the provisions of this act, shall be jointly and severally liable for all debts due from said society, contracted while they are officers thereof, pro- vided a suit for the collection of the same be brought within one year after the debt shall become due and payable. . § 9. The president, secretary and treasurer of said society shall annually, on or before the first day of February, make out and transmit to the secretary of the state agricultural society at Albany, a statement of the transactions of said society for the year, giving a full detail of the receipts and expenditures thereof, with a list of premiums awarded and to whom and for what pur- pose, and the same shall be subscribed and sworn to by said officers, before some person authorized to take the acknowledg- ment of deeds, as being a just and true statement within the spirit, true intent, and meaning of this act. [The liability of the officers provided by § 8 is covered by § 11 of revision. Section 9 is re-enacted without change of substance in § 145 of revision.} § 10. Every society formed under this act shall possess the power and be subject to the provisions and restrictions contained in the third title of the eighteenth chapter of the Revised Stat- utes; and shall also possess the power of fixing and determining the place at which the annual fairs and exhibitions of said society shall be held, by a two-thirds vote of the members present voting in the affirmative at any regular meeting of said society, or at any special meeting thereof duly called, notice of the time and place of holding the same having been duly published for four weeks immediately preceding said meeting in two news- papers printed in said county. (Thus amended L. 1884, chap. 340.) [The provision relating to the powers and restrictions is covered by § 11 of Gen. Corp. L. The power granted in the remainder of the section is included in the general power of the members to make by-laws, and is omitted here.} (L. 1857, ch. 302, amends L. 1848, ch. 319.) (L. 1857, ch. 531, amends L. 1855, ch. 425.) 192 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1859, ch. 36; R. S., 8th ed., 2017.) Section 1. The board of managers or executive committee of any agricultural or horticultural society of this state is hereby authorized to appoint as many citizens of this state policemen as shall be necessary for their exhibitions, whose duty it shall be to preserve order within and around the grounds of said society, to protect the property within said grounds, to eject all persons who shall be improperly within the grounds of said society, or who shall be guilty of disorderly conduct, or who shall neglect or refuse to pay the fee or observe the rules pre- scribed by the society. Said policemen shall have the same power, during the time said exhibition shall continue, that a von- stable may have by law, in serving criminal process and making arrests. (As amended by L. 1893, chap. 602.) § 2. Any justice of the peace of the county in which said grounds are situate, may, while on said grounds, hold a court of special sessions having the same duties, powers and jurisdictions over offenses committed on said grounds and within two hun- dred yards beyond the boundaries thereof, as is had by a court of special sessions of a town of said county over offenses com- mitted in that town. (As am. by L. 1893, ch. 603.) § 3. All fines and penalties received by a justice of the peace under the provisions of the foregoing section shall before the close of the fair and exhibition at which the same shall be received, be handed over by him to said society for its use and benefit, together with a report in writing of all proceedings had by him during said fair and exhibition; said report shall be in all respects the same as the usual account rendered for services in criminal proceedings by a justice of the peace of a town to the board of town auditors thereof; and he shall receive as his com- pensation therefor his legal fees out of the treasury of said society. (As am. by L. 1893, ch. 602.) § 4. The justice shall include in his annual report to the board the offenses committed and the proceedings had and the disposi- tion made by him of all said fines and penalties. (As am. by L. 1893, ch. 602.) § 5. The justice shall enter in his regular criminal docket, kept and used by him in his said town, the full proceedings of all matters coming before him under this act, stating each case separately; and the record of said full proceedings shall be kept open for public inspecticn on said grounds during said fair and exhibition. (As am. by L. 1893, ch. 602.) § 6. This act shall take effect immediately. {This chapter is re-enacted without change of substance in § 148 of revision.} LAWS REPEALED BY MEM. CORP. LAW. 193 (L. 1860, ch. 163; R. S&, 8th ed. 1939.) Section 1. It shail be lawful for the trustees of any rural cemetery association organized under the act, entitled “An act authorizing the incorporation of rural cemetery associations,” passed April twenty-seventh, eighteen hundred and forty-seven, and the acts amending the same, te fund any outstanding indebt- edness, for lands purchased for cemetery purposes, or for moneys actually expended in preserving, improving and embellishing the cemetery grounds, and to provide for the payment of such funded - debt, in the manner hereinafter provided. § 2. Whenever the trustees, by avote of all the trustees elected, shall desire to fund such indebtedness, it shall be their duty to ascertain the amount of obligations outstanding for the purchase-money of the lands acquired by the association, and the amount of obligations for preserving, improving and embel- lishing the cemetery grounds, and thereupon, with the consent of any creditor to whom such indebtedness, or any part thereof, may be due and owing, the said trustees shall have power to issue certificates for the amount thereof, in sums of one hundred dollars each, payable at such time and drawing such interest as may be agreed upon, in satisfaction and discharge of such indebtedness, or such part thereof, but no certificate shall be issued for any fractional part of one hundred dollars, nor drawing any higher rate of interest than seven per cent. per annum. The said certificates shall be sealed with the corporate seal of the association, and signed by the president and treasurer thereof. They shall be deemed personal property, and shall be transferable by delivery, unless otherwise provided on the face thereof, and an exact and true account of the number and amount of the said certificates, the persons to whom issued, the time of maturity and the rate of interest, shall be accurately entered on the books of the association. Certificates issued by any rural cemetery asso- ciation prior to April fifth, one thousand eight hundred and sixty, shall be as valid, and the holders, in addition to the rights secured to them by such certificates, shall have the same rights, powers and privileges as though such certificates were issued after said April fifth, one thousand eight hundred and sixty. (Thus amended by L. 1884, chap. 433.) ! § 3. The trustees shall keep a distinct and separate account _ in the cemetery books of the certificates issued for the purchase- money of lands acquired by the association, and the certificates issued for debts incurred in improving and embellishing the cemetery grounds; and it shall be their duty, at least twice in each year, to apply the proceeds of all sales of lots and plats, in redemption of such certificates, severally, in the manner pro- vided by the seventh section of the act hereby amended, and 25 194 LAWS REPEALED BY MEM. CORP. LAW. ' (Laws 1860, ch. 163; R. S., Sth ed., 1940.) upon such redemption, they shall cancel the same on their books and destroy the certificates returned. Until the said certificates shall be redeemed, the holders of the same shall be entitled to vote at all elections and business meetings of the corporation, one vote for each and every certificate of one hundred dollars, held by such voter. § 4. Nothing in this act contained shall be construed to create ‘a lien upon lots or plats belonging to individual proprietors, within the cemetery limits, nor any other or greater liability against the association or trustees issuing said certificates, than may be necessary to enforce the faithful application of the pro- eeeds of sales, in the redemption thereof, in the manner aforesaid. {This chapter is re-enacted in § 54 of revision with the fol- lowing changes. A majority of the directors may fund. The amount of the certificates is changed from $100 to $25. The certificate must be signed by the president) and secretary instead of president and treasurer. That portion of § 2, describ- ing the certificates as personal property is not re-enacted, as it is already covered by the Statutory Const. L, § 4.9 (Laws 1860, chap. 242; R. S., Sth ed., 2044.) Section 1. Any five or more persons of full age, citizens of the United States, may associate, pursuant to “An act for the incor- poration of benevolent, charitable, scientific and missionary societies,” passed April twelfth, eighteen hundred and forty-eight, and the acts amendatory thereof, for the purpose of promoting and cultivating the fine arts, by establishing a gallery or collec- tion of pictures and statuary, including other objects of the fine arts; and when associated, they shall be subjecti to the provisions of the aforesaid acts. [Re-enacted in §§ 80 and 31 of revision without change in substance. § 2. Any fine art association so formed, may be capable of taking, by gift, devise, bequest or purchase, and of holding, for the purpose of their incorporation, and for no other purpose, veal | or personal property, exceeding in value the amounts limited by the said act, provided a justice of the supreme court of the dis- trict in which the principal office of such association shall be located, shall from time to time allow the same by an order to be entered on the records of the court, which shall also specify the limits fixed by said justice. [By § 12 of Gen. C. L, membership corporations may — acquire property of the value of $3,000,000, The requirement of the consent of a justice of the Supreme Court to the acquisition | of property is omitted.J j LAWS REPEALED BY MEM. CORP. LAW, , 195 a ~ (Laws 1861, chap. 58; R. S., 8th ed., 1925.) Section 1. It shall be lawful for the supreme court of this state, upon the application of three-fourths of the trustees of any benevolent, charitable, scientific, missionary society or orphan asylum incorporated by law, in case it shall deem it proper, to make an order for the leasing or sale and conveyance of any real estate belonging to such corporation, and to direct the application of the moneys arising therefrom by the said corporation to such uses as to the said court shall seem to be most for the interest of the corporation to which the real estate so leased or conveyed belongs. {This section allows court to order lease, etc., on application of _ three-fourths of the trutees. 3y § 18 of revision the real property can not be leased in any case without the concurring vote of two-thirds of the directers, nor for a term of more than three years, without leave of the court.] (Laws 1861, ch. 94, amends L. 1847, ch. 133.) (Laws 1861, ch. 95, amends L. 1855, ch. 425.) (Laws 1861, ch. 239, amends L. 1848, ch. 319.) (L. 1862, ch. 284; R. S., 8th ed., 2017.) Bertin 1. In addition to the powers now vested by statute in the board of managers of any agricultural or horticultural asso- ciation, the officers of such association shall have power to regulate and prevent all kinds of theatrical, circus or mountebank exhibitions and shows, as well as all huckstering or traffic in fruits, goods, wares and merchandise of whatever description, for gain, on the fair days, and within a distance of two hundred yards of the fair grounds of said association, if in the opinion of said officers, the same shall obstruct or in any way interfere with the free and uninterrupted use of the highway around and approachs ing sueh fair grounds; and the police employed by any such asso- ciation shall possess the same power for a space of two hundred yards from said grounds, as is now vested in them by law within said grounds and be under the same control of the officers of the association within that space; and the same fines and penalties shall be incurred for any violation of the rules and regulations of - said officers of any such association within two hundred yards of the fair grounds, as is now by law incurred for any violation of the a rules and regulations within the grounds of any such association. [This chapter is reenacted without change of substance in § 143 of revision. (Laws 1862, ch. 302, amends L. 1848, ch. 313.) °, 196 LAWS REPEALED BY MEM. CORP. LAW. ah (Laws 1864, chap. 419; R. 8., 8th ed., 1925.) Section 1. No moneys shall be paid from the treasury of this state pursuant to any act of the legislature making appropriation to any hospital, orphan asylum, benevolent association, educa- tional, scientific, charitable, or other similar institution not under control of the state, until the president and secretary, or the managers of such institution, shall have made a report to the comptroller of the operations, purposes, financial condition, expenditures and management of such institution. The said report shall bear date on the first day of October, in each year, and shall include the details of the action of the managers for the entire year previous, and particularly of the disposition of moneys appropriated by the legislature for the maintenance of said institution, and shall be verified by the affidavit of the officers making the same. It shall be the duty of the comptroller to with- hold moneys appropriated for the benefit of any such hospital, asylum, association or institution, the managers of which shall not have complied with this requirement; and he shall transmit such reports, or a copy of them, to the legislature, together with his annual report. [Re-enacted in § 17 of revision without change of sub- stance, and applied to all membership corporations.] ; (Laws 1865, chap. 368; R. S., Sth ed., 2021.) Section 1. Any five or more persons of full age, citizens of the United States, a majority of whom shall be also citizens of this state, who shall desire to associate themselves for social, temperance, benefit, gymnastic, athletic, military drill, musical, yachting, hunting, fishing, batting or lawful sporting purposes, may make, sign and acknowledge before any officer authorized to take the acknowledgment of deeds in this state, and file in the office of the secretary of state, and also in the office of the clerk of the county in which -the office of such society shall be situated, 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 object of such society, the number of trustees, directors or managers to manage the same, and the names of the trustees, directors or managers for the first year of its existence; buti 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 principal office of such company or association shall be located, to be indorsed on such certificate; but nothing in this act contained shall author- ize the incorporation of any society or club for any purpose, LAWS REPEALED BY MEM. CORP. LAW, : 197 (Laws 1865, ch. 368; R. S. 8th ed., 2022.) repugnant to any statute-of this state, or prohibited thereby. (Thus amended by L. 1865, chap. 668, and L. 1871, chap. 705.) [Re-enacted substantially in §§ 30-31 of revision.} § 2. Upon filing a certificate as aforesaid, the persons who shall have signed and acknowledged such certificate, and their asso- ciates and successors, shall thereupon, by virtue of this act, be a body politic and corporate by the name stated in such cer- tificate, and by that name they and their successors shall and may have succession, and shall be persons in law capable of suing and being sued; and they and their successors may have and use a common seal, and may alter and change the same at pleasure; and they and their successors by their corporate name shall in law, be capable of taking, receiving, purchasing, leasing and holding real estate for the purposes of their incorporation, and for no other purpose, to an amount not exceeding the sum of five hundred thousand dollars in value, exclusive of the buildings and improvements thereon, and personal estate for like purposes, to an amount not exceeding the sum of one hundred and fifty thousand dollars in value, exclusive of the buildings and improve: ments on its said real estate and the furnishing of its club-house, but the clear annual income of such real and personal estate shall not exceed the sum of fifty thousand dollars; to make and adopt a constitution, by-laws, rules and regulations for the government of said corporation, and for the admission, volun- tary withdrawal, censure, suspension and expulsion of its mem- bers, for the establishing and collection of the fees and dues of its members, the number and election of its officers, and to define their duties and compensation, and for the safe-keeping of its property, and from time to time .to alter, modify or change such constitution, by-laws, rules and regulations; provided, however, that no constitution, by-laws, rules or regulations shall be made or adopted by said corporation which shall be inconsistent with the Constitution and laws of the United States or this state. The by-laws of any society or club for yachting purposes may provide that the qualified voters of such society or club be limited to the owners of yachts in such manner that the owners of each yacht shall, together, cast but one vote in the meetings of such socfety or club, and in the elec- tion of its officers, trustees, directors or managers. (Thus amended by L. 1877, chap. 380.) [The provision that on filing certificate the corporation is formed is in § 31 of revision. The general powers of the cornoration are in Gen. Corp. L, § 11. By § 12 of Gen- 198 LAWS REPEALED BY MEM. CORP. LAW, | (Laws 1865, ch. 368; R. S, 8th ed., 2022.) Corp. L., a membership corporation can hold property of the value of $3,000,000, the clear annual income of which does not exceed $500,000. The power to make by laws for various purposes is in § 11, Gen. Corp. Law, and § 8 of Membership Conp. Law. The provisions in relation to yachting clubs is re-enacted.in § 8 of revi- sion, without change in substance.} § 3. The society #» incorporated may elect, from its members, its trustees, directors or managers; and the directors, trustees or managers so elected may divide the whole number of trustees, directors or managers into classes, so that not less than one- fourth of their number shall be elected annually after the first organization of any board of such trustees, directors or managers. Such elections may be held at such time and place, and in such manner as may be specified in the by-laws; and such board shall have the control and management of the affairs and funds of said society, a majority of whom shall be a quorum for the tran- saction of business; and whenever any vacancy shall happen among such trustees, directors or managers, by death, resigaation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. The number of trustees in any corporation organized under this act may be increased to not more than twenty-one or diminished to not less than three, as follows: The existing trustees of any such cor- poration, or a majority of them, shall make and sign a certificate, declaring how many trustees the corporation shall thereafter have, and stating the names of such trustees for the present time, which certificate shall be acknowledged by the trustees signing the same, or proved by a subscribing witness, and shall be filed in the office of the clerk of the county where the original certifi- cate of incorporation was filed, and a duplicate or transcript, thereof duly certified under the official seal of such clerk, filed in the office of the secretary of state; and from and after the filing of such certificate and duplicate or transcript, the trustees of such corporation shall be deemed increased to the number therein stated, and the persons so named therein shall be trustees until a new election of trustees shall be had according to the said act, and the constitution, by-laws or regulations of such corporation. (Thus amended by L. 1885, chap. 66, superseding L. 1867, chap. 799, and L. 1873, chap. 698.) [Section 10 of revision provides that the directors shall be elected from among the members. Section 8 of the revision authorizes the by-laws to provide for the classification of directors so that not less than one-fifth shall be elected annually. Gen. Corp. Law, § 29, fixes a majority of the directors as a quorum, ee ee > Nees LAWS REPEALED BY MEM, CORP. LAW. 1yv (Laws 1865, ch. 868; R. S. 8th ed., 2023.) and also provides that the directors shall have the general man- agement of the corporation. Section 8 of revision provides that the by-laws may prescribe the method of filling vacansies. This section allows the trustees to increase their number to twenty- one or diminish it to three, while § 10 of revision only allows the change to be made by a majority vote of the members at an annual meeting, and the number may be increased to not more than thirty or diminished to not less than three.] § 4. In case it shall at any time happen that an election of trustees, directors or managers shall not be made on the day des- ignated by the by-laws, said society, for that cause, shall not be dissolved, but it shall and may be lawful on any other day to hold an election for trustees, directors or managers, in such manner as may be directed by the by-laws of such society. [Fully covered by §§ 28-26 of Gen. ©. L. which require the directors to call and conduct a special election in such a case.} § 5. The provisions of this act shall not extend or apply to any association or individuals who shall, in the certificate filed with the secretary of state, or with the county clerk, use or specify a name or style the same as that of any previously existing incor- porated society in this state. fGen. 0. L, § 63 [Section 6. Take property by devise. Not repealed.] § 7. The trustees of any company or corporation organized under the provisions of this act, shall be jointly and severally liable for all debts due from said company or corporation, con- tracted while they are trustees, provided said debts are payable ‘ within one year from the time they shall have been contracted, and provided a suit for the collection of the same shall be brought within one year after the debt shall become due and payable. [Re-enacted in 4 11 of revision, with the additional con- dition, that execution against the corporation be returned unsatis- fied and action be brought against the directors within one year after such return.] is § 8. All institutions formed under this act, together with their books and vouchers, shall be subject to the visitation and inspec- tion of the justices of the supreme court, or by any person or persons who shall be appointed by the supreme court for that purpose; and it shall be the duty of the trustees, or a majority of them, in the month of December in each year, to make and file. ZU, LAWS REPEALED BY MEM. CORP. LAW, (Laws 1865, ch. 368; BR. S, 8th ed., 2023.) in the county clerk’s office where the original certificate is filed, a certificate under their hands, stating the names of the trustees and officers of such association or corporation, with an inven- tory of the property, effects and liabilities thereof, with an affi- davit of the truth of such certificate and inventory, and also an affidavit that such association or corporation has not been engaged, directly or indirectly, in any othe business than such as is set forth in the original certificate on file. [Visitation by supreme court is retained in § 16 of revision. The provision requiring the filing of annual report is omitted, but § 16 of revision provides for the filing of an inventory on order of supreme court, where it appears to the court by verified petition that there has been mismanagement by the directors.} § 9. Each corporation formed under this act shall possess the general powers conferred by and be subject to the provisions and restrictions of the third title of the eighteenth chapter of the first part of the revised statutes (except that each corporation so formed shall have the power to issue its stocks and bonds, or either, to an amount equal to the value of its real estate, pro- vided, however, that prior to any such issue the value of said real estate shall be appraised on oath by three freeholders of the county in which such real estate is situated, approved by the county judge, and their appraisal filed in the county clerk’s office, and in the principal office of said corporation, and for all issued in excess of said appraised value the officers, trustees, directors or managers issuing the same shall be jointly and sey- erally liable). (Thus amended by L. 2877, chap. 380.) [Section 11 of the General Corp. L prescribes the general powers of all corporations. By § 18 of revision, the real property of a membership corporation can be sold or mortgaged only on the concurring vote of two-thirds of the directors and leave of the court. Such section also provides that a mortgage may be so authorized to secure the payment of bonds issued to different persons. Section 8 of revision provides that the by-laws may regulate the participation in the affairs of the corporation to which bondholders shall be entitled.J ' [Section 10. Power to repeal.] (Omitted.) § 11. It shall be lawful for any corporation duly created and organized pursuant to the provisions of this act in its by-laws to provide and determine what number of its members shall consti- tute a quorum for the transaction of business at its stated and at .its special meetings, and to prescribe and determine the terms LAWS REPEALED BY MEM. CORP. LAW. 201 (Laws 1865, ch. 368; R. 8., 8th ed., 2024) and conditions upon and subject to which its members shall and shall not be eligible to vote at its meetings and be trustees, directors, managers and officers thereof. The provisions of this act shall be deemed to apply only to such corporations or associa- , tions as have been formed under said chapter three hundred and sixty-eight of the laws of one thousand eight hundred and sixty- five (as added by L. 1889. ch. 301). [Re-enacted in § 8 of revision without change of substance.] § 12. It shall be lawful for any corporation duly created and organized pursuant to the provisions of this act in its by-laws to provide and determine what number of its members, not less than one-third, shall constitute a quorum for the transaction of busi- ness at its stated and at its special meetings, and to prescribe and determine the terms and co:ditions upon and subject to which its members shall and shall not be eligible to vote at its meetings and be trustees, directors, managers and officers thereof. The provisions of this act shall be deemed to apply only to such eor- porations or associations as have been formed under said chapter three hundred and sixty-eight of the laws of eighteen hundred ind sixty-five. (Added as § 11 by L. 1887, chap. 645, and made § 12 by L. 1889, chap. 301.) [Section 8 of revision without change of substance except that . if one-third of the members is nine or more, any number not less than nine may be fixed as a quorum.} (L. 1865, ch. 668, amends L. 1865, ch. 368.) (L. 1866, ch. 278; R. S., 8th ed., 2058.) Section 1. Any number of persons residing in this state, not less than three, who shall desire to form an association for the purpose of erecting a monument or monuments, to perpetuatie the memory of soldiers and sailors who served in the late war in defense of the Union, may meet at such places as they may agree, and appoint a chairman and secretary, by a vote of a majority of the persons present at the meeting, and proceed to form an association by determining upon a corporate name by which the association shall be called or known, by determining on the number of trustees to manage the concerns of the asso- ciation, which shall not be less than six nor more than twelve, and may thereupon proceed to elect by ballot the number of trustees so determined upon. (Thus amended by L. 1888, chap. 299.) ; {Reenacted in § 120 of revision, without change in substance} 26 202 LAWS REPEALED BY MEM. CORP. LAW, (Laws 1866, ch. 273; R.8., 8th ed., 2059.) § 2. The chairman and secretary of the meeting shall, within six days after such meeting, make a written certificate and sign their names thereto, and acknowledge the same before an officer authorized to take the proof and acknowledgment of conveyances in the county where such meeting shall have been held, which certificate shall state the names of the associates who attended — such meeting, the corporate name of the association determined upon by a majority of persons who met, the number of trustees fixed on to manage the affairs of the association, the names of the trustees chosen ati the meeting, which certificate the chair- man and secretary of such meeting shall cause to be recorded in the clerk’s office of the county in which the meeting was held, in a book to be appropriated for the recording of certificates of incorporation. (Thus amended by L. 1888, chap. 299.) fRe-enacted in § 120 of revision, without change in substance, but simplified to conform to general scheme of incorporation.} § 3. Upon such certificate, duly acknowledged as aforesaid, being recorded, the association mentioned therein shall be deemed legally incorporated, and shall have and possess the general powers and privileges, and be subject to the liabilities and restric- tions contained in the third title of the eighteenth chapter of part first of the Revised Statutes, except that each subscriber shail be bound to pay only to the amount subscribed by him. The affairs and property of such association shall be managed by the trustees, who shall appoint from among their number a president, vice-president, secretary and a treasurer, who shall hold their places during the pleasure of the board of trustees; and the trustees may require the treasurer to give security for the faithful performance of the duties of his office, and if a vacancy shall oceur in said board of trustees or in any offices by death, resignation, refusal to act or otherwise of any trustee or officer of said board, the then remaining trustees, at any legal meeting of said trustees, shall and may, and they are hereby authorized and required, to elect and choose a fit pergyon or persons to fill wp and supply such vacancy or vacancies; pro- vided, however, the then remaining members of said board of trustees shall have been notified that such vacancy or vacancies in such board or its officers will be then filled; and a majority of the then trustees shall be necessary to form a quorum for the transaction of business; and the services of said trustees and officers shall be gratuitous. (Thus amended by L. 1888, chap. 299.) [Gen. Corp. L. § 11, préscrikes the general powers of all corporations. Gen. Corp. L., § 29, povides that the directors LAWS REPEALED BY MEM. CORP. LAW. . 203 (Laws 1866, ch. 273; BR. S., 8th ed., 2059.) shall have the management of the affairs of the corporation and that a majority of the directors shall constitute a quorum. The remainder of this section is fully covered by § 8 of revision. authorizing the adoption of by-laws for various purposes.] § 4. Any association incorporated under this act, or the act hereby amended, may take by purchase or devise or otherwise, and hold within the county in which the certificate of its incorpora- tion is recorded, not exceeding five aeres of land, to be held and occupied exclusively for the erection of a suitable monument or monuments to perpetuate the memory of the soldiers and sailors of the town, city or county in which such monument or monn- ments shall be erected, who served during the late war in defense of the Union, and such association may erect such monument or monuments upon any public street, square or ground of any town, city or village, with the legal consent of the proper officers of such town, city or village, or may purchase or aecept the donation of any lands suitable for that purpose; and may take and hold any property, real or personal, devised, bequeathed or given upon trust, to apply the same or the income or proceeds thereof, under the direction of the trustees of such association, for the improvement or embellishment of such monument or monuments, or the erection or preservation of any structures, fences or walks erected or to be erected upon the lands of such association, or for the repair, preservation, erection, or renewal of such monument or monuments, fence or other structure, in, around or upon said lands, or for planting and cultivating trees, shrubs, flowers or plants, in, around or upon any such lands, or for improving, or embellishing the same in any manner or form consistent with the design and purposes of the association, according to the terms of such grant, devise or bequest; but the annual income of such estate, over and above the amount that may be expended in the purchase of grounds and in the erection of said monument or monuments, and in inclosing, laying out and ornamenting the same, shall not exceed the sum of five thousand dollars. (Thus amended by L. 1888, chap. 299.) acted in § 121 of revision without change in sub- stance except that the limitation as to amount of annual income - is omitted as unnecessary.} [Section 5. Property exempt from taxation. Not repealed.} § 6. A tax may be imposed, levied and collected on the taxable property in any town or city in which such monument or monu- ments may be erected, for the purpose of repairing or improving the same and the grounds thereof; such tax shall be imposed in 204 LAWS REPEALED BY MEM. CORP. LAW, (Laws 1866, ch. 273; R. S., 8th ed., 2060.) the manner prescribed by law for imposing general taxes In such town or city as are now authorized to be imposed. (Thus amended by L. 1888, chap. 299.) { Re-enacted in § 122 of revision, without change in substance.] $7. Any association heretofore incorporated under the original act, or which may be hereafter incorporated under this act, may take by gift or otherwise any lots or lands in any cemetery within the county in which the certificate of its incorporation is recorded, to be used and occupied exclusively for the burial of honorably discharged soldiers who served in the late war in defense of the Union, and for the erection of suitable monuments or memorials therein. (Thus amended by L. 1888, chap. 299.) | [Re-enacted in § 121 of revision, without change in substance.] § 8. Any association may erect, as the monument contemplated by this act, a memorial hall or building, and may take and hold the real estate necessary or proper for that purpose, not to exceed in amount the sum of twenty-five thousand dollars, and the real estate held fur the purposes of such memorial hall or building shall not be exempted from taxation. (Thus amended by L. 1888, chap. 299.) {Reenacted in § 120 of revision, but the limitation as to amount of property is omitted. The .provision that the hall shall be exempt from taxtion, is omitted. The real property of such a.corporation used exclusively for non-business purposes, is exempt under L. 1893, ch. 498.] (L. 1866, ch. 457, amends L, 1865, ch. 368.) (L. 1867, ch. 799, amends L. 1865, ch. 368) (L. 1868, ch. 402; R. S, 8th ed., 1940, Section 1. The trustees of any rural cemetery association incorporated under the laws of this state are hereby authorized to levy a tax upon the lot owners in said cemetery in proportion to the value of said lots respectively, when sold, for the purpose of improving the grounds of said cemetery, and repairing and rebuilding the fences around the same, for the purpose of con- structing a receiving vault for the common use and benefit of said lot owners, whenever the funds applicable to such purposes shall be insufficient to make the necessary repairs, improvements or construction. (Thus amended by L. eves a he super- seding L. 1877, chap. 426.) LAWS REPEALED BY MEM. CORP. LAW. 205 (Laws 1868, ch. 402; R. S., 8th ed., 1941) § 2. Such tax shall not be levied except upon the written con- sent 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 trus- tees for the purpose of taking such vote, upon the same notice required by law for annual meetings; except that at an annual meeting, upon a vote of a majority of lot owners, present and voting, the trustees are authorized to levy a tax upon 2ach 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. (Thus amended by L. 1879, chap. £11.) § 3. The tax hereby authorized shall be such sum per lot as the trustees shall determine, but shall not exceed the sum of five dollars a lot in any one year on ordinary priced full-sized lots, and proportionally more on more valuable ones; and the tax so levied shall be collected by the school district collector of the school district in which the cemetery is situated, and paid over to the treasurer of said cemetery. In case the said school ceol- lectors shall neglect or refuse to collect such tax, a majority. of the trustees of such cemetery may appoint some suitable and proper person a resident of said school district, who shall give his bond as is now required by law for a collector of school taxes, and whose term of office shall be for one year to collect such tax, or any uncollected portion thereof, and may by warrant under the hands of the secretary and president of such cemetery asso- ciation authorize such person, duly appointed to collect the same, in the same manner and with the same powers as are given to school collectors in the collection of school taxes. Such appointed collector shall receive as his compensation the same fees as are now by law allowed to school collectors in the collection of school taxes and shall be subject to the same liability in case of neglect or misconduct. (Thus amended by L. 1888, chap. 415, superseding L. 1881, chap. 412.) § 4. The provisions of this act shall not apply to cities, nor to any joint-stock cemetery association or corporation. [This chapter is re-enacted in § 52 of revision with the follow- ing changes: The directors are authorized to levy a tax, annually, not exceeding one dollar on each lot, and the vote of a majority of the lot owners is not required. The treasurer of the cor- poration instead of the collector of school taxes is authorized to collect taxes levied on the lot owners. No fee is given treasurer for collection of tax.] ; 206 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1869, ch. 629; BR. S, 8th, ed, 2024) Section 1. It shall be lawful for the supreme court of this state, upon the application of any society, association or corporation, now incorporated or hereafter incorporated under and by virtue of the act entitled “An act for the incorporation of societies or clubs for certain social and recreative purposes,” passed April eleventh, eighteen hundred and sixty-five, and the acts amendatory thereof, or under and by virtue of chapter two hundred and sixty- seven of the laws of eighteen hundred and seventy-five, entitled “An act for the incorporation of societies or clubs for certain lawful purposes,” and of the several acts extending and amending said act, in case it shall deem it proper to make an order for the mortgaging of any real or personal estate belonging to any such corporation, and to direct the application of the moneys arising therefrom by the said corporation; and upon like application may confirm any bond or mortgage heretofore given by any such cor- - poration, and thereupon such ‘bond and mortgage shall be a legal obligation and a valid lien upon the premises or property covered thereby from the date of record thereof. (Thus amended by L 1884, chap. 68.) fSection 13 of revision, authorizing the mortgaging of the real property of a membership corporation on the concurring vote of twe-thirds of the directors and leave of the court. The same ses- tion also authorizes the court to confirm a mortgage originally given without leave of the court.J (L. 1869, ch. 708, amends L. 1847, ch. 133,), (L. 1870, ch. 527; R. S., 8th ed, 1941) Section 1. It shall be lawful for any cemetery association heretofore or hereafter formed under and in pursuance of the act, entitled “An act authorizing the incorporation of rural ceme- tery associations,” passed April twenty-seventh, eighteen hundred and forty-seven, and the acts amending the same, to accept of a conveyance to such association of any grounds owned or held by any religious society or by trastees, for burial purposes, whenever such society shall authorize the proper officer or officers to convey the same, and in cases where such ground is held by trustees, whenever all the trustees living or residing in this state shall unite in such conveyance; and such conveyance, when fully executed and delivered, shall be deemed and held valid to convey all the interest of such society, and of the said trustees, in such grounds to the association therein named. § 2. The association named in any conveyance so as aforesaid authorized shall take, hold and control the grounds so conveyed, subject, however, to any and all burdens, trusts and conditions ee LAWS REPEALED BY MEM. CORP. LAW, 207 (Laws 1870, ch. 527; R. S., 8th ed., 1941.) incumbent upon its grantors, and shall perform all such dtties, trusts and conditions. § 3. Lots which shall have been sold or granted in such burial grounds, prior to such conveyance, shall not be taken from the grantees thereof, nor their interesti therein divested by such con- veyance, nor shall any grave be disturbed or monument or remains removed without the consent of the lot owner or of the heirs of the persons whose remains are intended to be removed. [Sections 13 are re-enacted without change of substance in § 45 of revision.J § 4. The grounds authorized to be conveyed by this act shall be surveyed and mapped by the association receiving them, and the portion or portions thereof unoccupied or undisposed of may be subdivided into lots and plots and sold or granted by the trustees of such association, in the same manner as the other grounds and lots of such association. And the moneys received on the sale of such lots shall be expended in payment of expenses, and improving and embellishing the grounds of the association, including the grounds conveyed under this act, in the discretion of the trustees thereof. [Section 4 is not re-enacted in form, but § 46 of revision serves as a substitute for it.J (L. 1871, ch. 68, amends L. 1854, ch. 112.) (L. 1871, ch. 378; R. 8. 8th ed., 1942.) Section 1. Whenever any person or persons owning or having in possession a burial lot in any incorporated cemetery shall have vacated the same by a removal of all the dead buried on said lot, and shall have left said lot in a broken and uncultivated condi- tion for the period of one month or more from the date of such removal, it shall then be Jawful for the trustees of such ineor- porated cemetery to enter on said vacated lot for the purpose of improving and beautifying the same, and grade, cut, fill or other- wise change the surface of the same, as shall, in their judgment, be for the improvement of said lot and the general improvement of such cemetery grounds, not reducing, however, the area of said lot. The cost and expense thereof shall be chargeable to said lot, in a sum not exceeding ten dollars, and not against the late owners or persons having had in possession said lot. § 2. If the person or persons owning said vacant lot shall not, within six months after such expense shall have been incurred, as provided by the first section of this act, repay to said trustees the sum so expended and authorized, it shall then be lawful for snch trustees to sell said lot to pay the cost of such improvement, 208 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1871, ch. 378; R. S, 8th ed, 1942.) at public vendue on said cemetery grounds, previous notice of such sale having been posted at the main entrance of said ceme- tery at least ten days prior to the day of such sale, and shall pay any surplus arising from such sale, on demand, to the person or persons, or either of them, last in occupation of said lot. {This chapter is re-enacted without change of substance in § 53 of revision. J (L. 1871, ch. 705, amends L. 1865, ch. 368.) (L. 1871, ch. 875; R. S,, 8th ed., 2047.) Section 1. The workingmen of the state of New York may incorporate themselves into unions and societies under and by virtue of the provisions of the act of the legislature of this state, passed April twelfth, eighteen hundred and forty-eight, entitled “An act for the incorporation of benevolent, charitable, scientific and missionary societies,’ and the several acts amendatory thereof; and the provisions and restrictions of the said acts shall apply to the formation and incorporation of said unions and societies in all respects. {Such corporations may hereafter be formed under §§ 30-31 of revision. ] (L. 1872, ch. 104; R. S., 8th ed., 1926.) Section 1. No trustee or director of any charitable or benevo- lent institution, organized either under the laws of this state or by virtue of a special charter shall receive, directly or indirectly, any salary or emolument from said institution, nor shall any salary or compensation whatever be voted or allowed by the trustees or directors of any institutions organized for charitable or benevo- lent purposes, to any trustee or director of said institution for ser- vices, either as trustee or director, or in any other capacity. EBy § 12 of revision the officers of a membership cor- poration hereafter incorporated are prohibited from receiving compensation, unless authorized by the by-laws. After January 1, 1896, the section is made to apply to corporations heretofore incorporated. (L. 1872, ch. 116, amends L. 1855, ch. 425.) (L. 1872, ch. 209, amends L. 1848, ch. 319.) (L. 1872, ch. 649, amends L. 1848, ch. 319.) (L. 1873, ch. 361, amends L. 1847, ch. 133.) (L. 1873, ch. 397; B.S. Sth ed., 2055.) Section 1. Any ten or more persons, residents of this state, who shall desire to associate themselves together in a corporate ¢apac- ity as a fire, hose, protective or hook and ladder company, may LAWS REPEALED BY MEM. CORP. LAW. 209 (Laws 1873, ch. 397; BR. S., 8th ed., 2055.) make, sign and acknowledge before any officer authorized to take the acknowledgment of deeds in this state, and file in the office of the secretary of state and also in the office of the clerk of the county in which the office of the proposed company shall be situated, a certificate in writing in which shall be stated the name or title by which said company shall be known in law, the particular business and object of said incorporation, the name of the incorporated city or village, or the town in which said com- pany proposes to act, the number of trustees, directors, or man- agers to manage the same, and the names of the trustees, directors or managers for the first year of its existence, and the number of years said company shall exist, not to exceed fifty years; but such certificate shall not be filed unless there shall be annexed thereto a certified copy o a resolution of the board of trustees of the village, or the approval of the mayor of the city in which said company is situate, or if said company be not located in an incorporated city or village, then a resolution of the board of town auditors of the town, consenting to such incorporation, provided that such corporations shall only engage in or conduct such business as properly belongs to fire, hose, protective or hook and ladder companies, and only in the incorporated city or vil- lage, or the town named in the aforesaid certificate; and pro- vided further, that in taking part in the prevention and extin- guishment of fires in cities and villages, said corporations shall be under the control and subject to the orders of the city or village authorities or officers, who by law have or may have con- trol over the prevention or extinguishment of fires in incorpo- rated cities or villages in which said corporation shall conduct their business. (Thus am. by L. 1890, ch. 27.) [Sections 65 and 66 of revision without change in substance.] § 2. Upon filing a certificate as aforesaid, together with such resolution of approval, the persons who shall have signed and _ acknowledged such certificate, and their associates and succes- _ sors, shall thereupon, by virtue of this act, be a body politic and corporate by the name stated in such certificate, and by that name they and their successors shall and may have succession, and shall be capable in law of suing and being sued; and they and their successors by their corporate name shall, in law, be capable of taking, receiving, holding and purchasing real estate for the purposes of their incorporation, and for no other purpose, _to an amount not exceeding the sum of fifty thousand dollars in value, and personal estate for like purposes to an amount not exceeding the sum of fifty thousand dollars in value; to make F . t 4 27 qq 210 — LAWS REPEALED BY MEM. CORP. LAW, (Laws 1873, ch. 397; R. S., 8th ed., 2056.) ons by-laws for the management of its affairs not inconsistent with the constitution and laws of this state or of the United States, to elect and appoint the officers and agents of such company for the management of its business, and to allow them a suitable compensation, and to prescribe the qualifications of membership of said company. [The provision that the corporation is formed on compliance with conditions is in § 65 of revision. The general powers of the corporation are prescribed by Gen. C. L., § 11. The power to hold property to the amount of $8,000,000 is in Gen. C. L., § 12.] § 3. The company so incorporated may annually elect from its members its trustees, directors or managers, at such time and place, and in such manner as may be specified in its by-laws, who shall have the control and management of the affairs and funds of said company, and a majority of whom shall be a quorum for the transaction of business. Whenever any vacancy shall happen among said trustees, directors or managers, by death, resigna- tion or neglect to serve, such vacancy shall be filled in the man- ner provided in the by-laws of said company. {Gen. Corp. L, § 29, fixes the quorum of directors at a major- ity. The remainder of this section is covered by § 8 of revision.} [Section 4 Failure to hold election. Repealed by Gen. OG, L. of 1890.] [Section 5. May take property by devise. Not repealed.] § 6. The trustees of any company or corporation organized under the provisions of this act shall be jointly and severally liable for all debts due from said company or corporation, con- tracted while they are trustees; provided said debts are payable within one year from the time they shall have been contracted; and provided further, that a suit for the collection of the same shall be brought within one year after the debt shall become due and payable. | [Section 11 of revision. } § 7. It shall be the duty of the trustees, directors or managers of all corporations formed under this act, or a majority of said trustees, directors or managers on or before the fifteenth day of January in each year, to make and file in the county clerk’s office where the certificate of incorporation is filed, a certificate under their hands, stating the names of the trustees and officers of such corporation, with an inventory of the property and effects and liabilities thereof, with an affidavit of said trustees, directors or LAWS REPEALED BY MEM. CORP. LAW. PA sh (Laws 1873, ch. 897; R. S., 8th ed., 2056.) managers of the truth of such certificate and inventory; and also a like affdavit that such corporation has not been engaged, directly or indirectly, in other business than such as is set forth in the certificate of incorporation, 7 (Omitted. | [Sections 8 and 9 were repealed by Gen. C. Wy: of 1890.] [Section 10 prescribes when act took effect.] [Section 11. Exemption from taxation. Not repealed.] (L. 1873, ch. 678, amends L. 1865, ch. 368.) (L. 1874, ch. 35, amends L. 1865, ch. 368.) (L. 1874, chap. 245; R. S., 8th ed., 1943,) [Sections 1-3 are amendatory of L. 1847, ch. 183.] § 4. Every association incorporated under the act hereby amended may from time to time, by its trustees, make such rules and regulations as it shall deem proper for the care, management and protection of the cemetery lands and property; for the use, care and protection of all lots and plats and parts of lots therein; the conduct of persons while within the cemetery grounds; to exclude improper persons therefrom and improper assemblages therein; to regulate the dividing marks between the various lots and plats and parts of lots and plats, and their size, shape and location; to regulate the size of erections, and to forbid the erec- tion of structures upon such lots or plats and parts of lots or plats; to prevent the burial within the cemetery of persons exe- cuted for crime; to prevent the burial on any lot or plat or part of any lot or plat of any person not entitled to such burial by section eleven of said act of April twenty-seven, eighteen hun- dred and forty-seven, hereby amended; to regulate and prevent disinterments; to prevent improper monuments, effigies, struc- tures and inscriptions within the cemetery grounds, and to remove the same; and to regulate the introduction and growth of plants, trees and shrubs within the cemtery grounds. Such rules and regulations, when adopted, shall be binding upon all _ lot owners and persons visiting said cemetery grounds, and shall _ apply ‘to all lots and parts of lots sold or hereafter to be sold, Such rules and regulations, when adopted, shall be plainly printed and publicly posted in the principal office of the association, and in such places upon the cemetery grounds as the trustees of the association shall by resolution prescribe. {This section is reenacted without change of substance in § 10 of revision.} a12 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1875, ch. 130; R. S, 8th ed., 1931.) § 1. ‘Any five or more persons of full age, a majority of whom shall be citizens of and residents within this state, who shall desire to associate themselves together for the purpose of pre- yenting cruelty to children, may make, sign and acknowledge before any person authorized to take acknowledgment of deeds in this state, and file in the office of the secretary of state, and also in the office of the clerk of the county in which the business of the 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 man- age the same, and names of the trustees, directors or managers of the society for the first year of its existence. But such certi- ficate shall not be filed, unless the written consent and approba- tion thereof of one of the justices of the supreme court of the . district in which the place of business or principal office of such society shall be located, be first indorsed on such certificate, after thirty days previous notice in writing by the proposed corporators to the New York society for the prevention of cruelty to children, of the time and place of application therefor and after hearing thereon had. No such certificate shall use or specify as the name or titlé of the society, the same or substan- tially the same as that of any previously incorporated society for the prevention of cruelty to children in this state. (As am. by L. 1894, ch. 105.) [Re-enacted in § 70 of revision, with additional require- ments as to approval of certificate by president of New York society for the prevention of cruelty to children.} § 2, Upon filing the certificate as aforesaid, the persons who shall have signed and acknowledged such certificate, and their associates and successors shall thereupon, by virtue of this act, be a body politic and corporate, by the name stated in such certificate, and as such shall have power, 1. To have perpetual succession by its corporate mame, . ®, To sue and be sued, complain and defend, im any court of law or equity. 3. To make and use a common seal, which may be affixed by making an impression directly on the paper, and alter the same at pleasure. { 4, To appoint such officers, managers and agents as the business of the corporation may require. 5. To make by-laws not inconsistent with the laws of this state or of the United States, for the management of its property and the regulation of its affairs. SS LAWS REPEALED BY MEM. CORP. LAW. 213 (Laws 1875, ch. 180; R. &, 8th ed. 1932.) 6. To contract and be contracted with. 7. To take and hold by gift, purchase, grant, devise or bequest any property, real or personal, and the same to dispose of at pleasure. But such corporation shall not, in its corporate capacity, hold real estate, the yearly income derived from which shall exceed the sum of fifty thousand dollars. 8. To exercise any corporate powers necessary to the exercise of the powers above enumerated and given. fhe provision that the corporation be formed on filing certi- ficate is in § 70 of revision. The general powers of the cor. poration, including the power to hong property, are in §$ 11 and 12, Gen. Corp. L.j § 3. Any society so incorporated may prefer a compaint before any court, tribunal or magistrate having jurisdiction, for the violation of any law relating to or affecting children, and may aid in presenting the law and facts before such court, tribunal or magistrate in any proceeding taken. Any such society may be appointed guardian of the person of any minor child during its minority by a court of record of this state or by a judge or justice thereof, and may receive and retain any child at its own expense upon commitment by a court or magistrate. (Thus amended by LL. 1886, chap. 30.) [[Re-enacted in § 72 of revision, without change in substance.] § 4. All magistrates, constables, sheriffs and officers of police shall, as occasion may require, aid the society so incorporated, its officers, members and agents in the enforcement of all laws which now are or may hereafter be enacted, relating to or affecting children. [-Re-enacted in § 12 of revision, without change in substance.J § 5. The provisions of this act shall noti extend or apply to any association or individuals who shall, in the certificate filed as hereinabove provided, use or specify a name or style the same or substantially the same as that of any previously existing incorporated society in this state, - [Covered by § 6 of Gen. Corp. LJ _ (Laws 1875, ch. 267; R. S., 8th ed., 2024) Section 1. Any five or more persons of full age, citizens of the United States, and a majority of whom are also citizens of this state, who desire to form themselves into a society or 214 LAWS REPEALED BY MEM. CORP. LAW, (L. 1875, ch. 267; R. S, 8th ed, 2025) club for social, mutual benefit, benevolent, temperance, political, economic, patriotic, gymnastic, athletic, military drill, musical, dramatic, historical, literary, library, artistic, yachting, hunting, fishing, bathing or lawful sporting purposes, may sign and acknowl- edge, before any officer authorized to take the acknowledgment of deeds in this state, and to file in the office of the secretary of state, and also in the office of the clerk of the county in which the office of such society or club shall be situated, a cer- tificate, in writing, in which shall be stated the name or title by which such society shall be known in law; the particular business and objecti of such society or club; the number of trus- tees, directors or managers to manage the same, and the names of the trustees, directors or managers 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 principal office of such society or club shall be located, be indorsed on such cer- tificate; but nothing in this act contained shall authorize the incorporation of any society or club for any purpose repugnant to any statute of this state, or prohibited thereby. (Thus amended by L. 1876, chap. 53.) [Re-enacted in $$ 80 and 31 of revision, without change of substance.] § 2. Upon filing a certificate-as aforesaid, the persons who shall have signed and acknowledgeé such certificates, and their associates and successors, shall thereupon, by virtue of this act, be a body politic and cerporate by the name stated in such certificate, and by that name they and their successors shali and may have succession, and shall be persons in law capable of suing and being sued; and they and their successors may have and use a common seal, and may alter and change the same at pleasure; and they and their successors by their corporate name shall, in law, be capable of taking, receiving, purchasing, leasing and holding real estate for the purposes of their incorporation, and for no other purpose, to an amount not exceeding the sum of five hundred thousand dollars in value, exclusive of the buildings and improvements thereon, and personal property for like purposes to an amount not exceeding the sum of one hundred and fifty thousand dollars in value, exclu- sive of the buildings and improvements on its said real estate and the furnishing of its club-house, but the clear annual income of such real and personal estate shall not exceed the sum of fifty thousand dollars; to make and adopt a constitution, by-laws, rules ~ LAWS REPEALED BY MEM. CORP. LAW. 215 (L. 1875, ch. 267; RB. 8, 8th ed, 2025, and regulations for the government of said corporation, and for the admission, voluntary withdrawal, censure, suspension ind expulsion of its members, for the establishing and collection of the fees and dues of its members, the number and election of its officers, and to define their duties and compensation, and for the safe-keeping of its property, and from time to time to alter, modify or change such constitution, by-laws, rules and regula- tions; provided, however, that no constitution, by-laws, rules or regulations shall be made or adopted by said corporation which shall be inconsistent with the constitution and laws of the United States or this state. The by-laws of any society or club for yacht- ing purposes may provide that the qualified voters of such socicty or club ‘be limited to the owners of yachts in such manner that the owners of each yacht shall together cast but one vote in the meetings of such society or club, and in the election of its officers, trustees, directors or managers. {The provision that on filing certificate the corporation is formed is in § 31 of revision. The general powers of the corporation are in § 11 of Gen. Corp. L. The power to hold prop- erty to the amount of $3,000,000 is in § 12 of Gen. Corp. L. The provision that corporation may make by-laws, ete, is in § 8 of revision. The provision that yacht owners may vote, if the by-laws so provide, is in § 8 of revision. § 3. The membership of any person in said society or corpora- tion shall be determined by his death or by his voluntary with- drawal therefrom, or by expulsion therefrom, and the manner of such withdrawal or expulsion of members shall be determined and provided by the by-laws of said corporation, and upon such death, withdrawal or expulsion, all and every right, title and interest of the person whose membership is so determined, in or to or by reason of the said corporation, by reason of his former membership therein, or in or to its property or effects, shall, unless such by-laws shall otherwise provide, or except by the unanimous consent of the board of trustees of such corporation, and as otherwise hereinafter provided, cease and be forever at an end. Provided that any such society or corporation may, under such regulations and restrictions as shall be prescribed by its board of trustees, convey to any member of such society or corporation, by deed, such portion of its real estate as shall have’ been used, or shall thereafter be used by such member for the: erection thereon of a cottage or other dwelling-house, with suit- able outbuildings, and such portion of real estate, together with the buildings thereon, shall belong to such member according to 216 LAWS REPEALED BY MEM. CORP. LAW. t (Laws 1875, ch. 267; R. S., 8th ed., 2026.) the terms of such conveyance, and in case of his death, shall pass as part of his estate to his heirs or devisees, but the land whereon such buildings shall be erected shall be inalienable by him or them, except to such society or corporation, or to a member thereof; and provided also that any member of such society or corporation may, in his life time, on his voluntary withdrawal from such society or corporation, and after his death, his per- sonal representatives may sell, transfer and assign his share and interest in the property of such society or corporation, to it, or to a member thereof, for such sum as may be mutually agreed upon; and such society or corporation shall have power, under the direction and regulation of its board of trustees, to purchase and pay for the same. (As amended by L. 1890, ch. 68.) fSection 8 of revision authorizes the adoption of by-laws regu- lating the expulsion of members, the termination of member- ship, ete. Section 9 of revision provides that on the termina- tion of membership, all the rights of the member in or to the corporation or its property shall cease, unless otherwise provided by law or the by-laws. The provision of § 3, relating to transfers of lots, ete., to members, is re-enacted without change of sub- stance, in § 18 of revision.J § 4. The society so incorporated may elect from its members, its trustees, directors or managers, and the trustees, directors or managers so elected may divide the whole number of trustees, directors or managers into classes, so that not less than one- fourth of their number shall be elected annually, after the first organization of any board of such trustees, directors or managers. Such election may be held at such time and place and in such manner as may be specified in the by-laws, except that in all societies incorporated under this act where the members own or are interested in individual lots of land conveyed by the society to such member or to some one of his family, in which case each member in good standing shall be entitled to vote in person or by written proxy, at such election or at any meeting of the society; and such board shall have the control and management of the affairs and funds of said society, a majority of whom shall be a quorum for the transaction of business; but any such society may by the consent in writing of a majority of its members fix the number of trustees, directors or managers, who shall constitute a quorum of its board of directors, trustees or managers for the transaction of business, which consent duly acknowledged or proved by subscribing witness shall be filed in the office of the clerk of the county where the original certificate of incorporation LAWS REPEALED BY MEM. CORP. LAW, — 217 (Laws 1875, ch. 267; R. S., 8th ed., 2026.) was filed, and a transcript thereof duly certified under the offi- cial seal of said clerk shall be filed in the office of the secretary of state; and whenever any vacancy shall happen among such trus- tees, directors or managers by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. The number of trustees, directors or managers in any corporation organized under this act may at any time be increased to not more than twenty or diminished to not less than five, as follows: The existing trus- tees, directors or managers of any such corporation, or a major: ity of them, shall make and sign a certificate declaring how many trustees, directors or managers the corporation shall there- after have, and stating the names of such trustees, directors or managers for the present time, which certificate shall be acknowl- edged by the trustees, directors or managers signing the same, or proved by a subscribing witness, and shall be filed in the office of the clerk of the county where the original certificate of incorporation was filed, and a duplicate or transcript thereof,, duly certified under the official seal of such clerk, shall be filed in the office of the secretary of state; and from and after the filing of such certificate and duplicate or transcript, the trustees, directors or managers of such corporation shall be deemed increased or diminished to the number therein stated, and the persons so named therein shall be trustees, directors or man- agers until a new election thereof shall be had according to this act and the constitution, by-laws or regulations of such corpo- ration. But no act of the trustees, directors or managers, chang: ing the number of such trustees, directors or managers, shall be valid until ratified by a majority of the members of such corpo- ration at a meeting called for that purpose. (Thus amended by L, 1898, ch. 465.) [Section 8 of yvevision provides that the by-laws may classify the directors in not more than five classes, the term of office to be as many years as there are classes. Section 8 provides that the by-laws may regulate the qualifications of voters at corporate meetings, and § 13 of revision provides that the grantees of lots may vote if the by-laws so provide. Section 29 of Gen. Corp. Law fixes a majority as a quorum of directors. Section S of revision authorizes the adoption of by-laws regulating vacancies in office of corporate officers By § 14 of revision the num- ber of directors may be changed to not less than three nor more than thirty by action of a corporate meeting.] [Section 5 repealed by Gen. C. L., 1890.] 28 218 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1875, ch. 267; R. S., 8th ed., 2026.) 8G. The provisions of this act shall not extend or apply to any association or individuals, who shall in the certificate filed with the secretary of state, or with the county clerk, use or specify a name or style the same as that of any previously existing incor- porated society in the state. [Covered by Gen. C. L., § 6.7) [Section 7. Devises and bequests. Not repealed.] § 8. The trustees, directors or managers of any society or corporation organized under the provisions of this act, shall be jointly or severally liable for all debts due from said society or corporation, contracted while they are trustees; provided, said debts are payable one year from the time they shall have been contracted; and, previded, a suit for the collection of the same shall be brought within one year after the debt shall become due and payable. fRe-enacted in § 11 of revision, without change in substance. 9 § 9, ‘All institutions formed under this act, together with their books and vouchers, shall be subject to the visitation and inspec- tion of the justices of the supreme court; or by any person or persons who shall be appointed by the supreme court for that purpose; and it shall be the duty of the trustees, or a majority of them, in the month of December in each year, to make and file in the county clerk’s office, where the original certificate is filed, a, certificate under their hands stating the names of the trustees and officers of such association or corporation, with an inventory of the property, effects and liabilities thereof, with an affidavit of the truth of such certificate and inventory, and also an affidavit that such association or corporation has not been engaged, directly or indirectly, in any other business than such as is set forth in the original certificate on file. [Visitation by supreme court is retained in § 16 of revi- sion. The filing of annual inventory is omitted but by § 16 may be required by order of court upon petition, stating misman- agement by directors, ete. Section 11 of revision requires an annual report to be made by the directors at the annual meeting. } (L. 1875, ch. 343; R. S, 8th ed, 2040, Section 1. Any number of persons not less than five, citizens of the United States, a majority of whom shall also be citizens of _ LAWS REPEALED BY MEM. CORP. LAW. — 219 (Laws 1875, ch. 348; R. S., 8th ed., 2041.) this state, who shall desire to associate themselves together for the purpose of founding, continuing and perpetuating a library, may make, sign and acknowledge before any officer authorized to take acknowledgment of deeds in this state, and file in the office of the secretary of state, and also in the office of the clerk of the county in which the office of such society shall be situated, a cer- tificate in writing, in which shall be stated the name or title by which such society shall be known in law, the business and object of such society, the number of trustees, directors or managers to manage the same, and the names of the trustees, directors or managers for the first year of its existence, and the city or town of the county in which such library shall be located; 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 dis- trict in which said library shall be located, to be indorsed on such certificate. (Library corporations can not hereafter incorporate under this chapter, being excluded by the language of § 30. Hereafter they can only incorporate pursuant to the University Law (L. 1892, ch. 378), with the consent of the regents. Library corporatious formed under chapter 343 of the L. of 1875 will be subject to this chapter, being within the terms of the definition of a membership corporation in § 2 of revision.} § 2. Upon filing a certificate, as aforesaid, the persons who shall have signed and acknowledged such certificate, and their associates and successors, shall thereupon, by virtue of this act, be a body politic and corporate, by the name stated in such certi- ficate, and by that name they and their successors shall and may have succession, and shall be persons in law capable of suing and being sued; and they and their sucessors, by their corporaiie name, shall, in law, be capable of taking, receiving, purchasing and holding real estate by gift, grant or otherwise, for the pur- poses of their incorporation, and for no other purpose, to an amounti not exceeding the sum of fifty thousand dollars in value, and per- sonal estate for like purposes to an amount not exceeding the sum of seventy-five thousand dollars in value; but the clear annual income of such real and personal estate shall not exceed the sum of ten thousand dollars; to make by-laws for the management of its affairs not inconsistent with the constitution and laws of this state or of the United States; to elect and appoint the officers and agents of such society for the management of its business, and to allow them a suitable compensation. | [The general powers of the corporation are in Gen. Corp. L., § 11. The power to hold a certain amount of property is superseded 220 LAWS REPEALED BY MEM. CORP. LAW, (Laws 1875, ch. 343; BR. S, 8th ed., 2041) by Gen. Corp. L., § 12, which authorizes $3,000,000. The power to make by-laws is in Gen. C. L., § 11 and § 8 of revision. ] § 3. The society so incorporated may prescribe by its by-laws what persons may thereafter become its members and have the right to vote at its meetings, and may annually elect from its members, its trustees, directors, managers, at such time and place and in such manner as may be specified by it in its by-laws, who shall have the control and management of the affairs and funds of said society, a majority of whom shall be a quorum for the trans- action of business; and whenever any vacancy shall happen among such trustees, directors or managers, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. [The power to make by-laws is in § 8 of revision. The provision that a majority of the directors shall be a quorum is in Gen. Corp. L, § 29. By-laws adopted pursuant to § 8 of revision may regulate the filling of vacancies.] § 4. The provisions of this act shall not extend or apply to any association or individuals who shall in the certificates filed with the secretary of state, or with the county clerk, use or specify a name or style the same as that of any previously incorporated society in this state. * a [Covered by Gen. Corp. L., § 6.9 [§ 5. Devises. Not repealed.] § 6. The trustees of any company or corporation organized under the provisions of this act, shall be jointly and severally liable for all debts due from said company or corporation contracted while they are trustees, provided said debts are payable within one year from the time they shall have been contracted, and pror vided a suit for the collection of the same shall be brought within one year after the debt shall become due and payable. [Re-enacted in § 11 of revision.J § 7, All institutions formed under this act, together with their books and vouchers, shall be subject to the visitation and inspee- tion of the justices of the supreme court, or by any person or per- sons who shall be appointed by the supreme court for that purpose. [Reenacted in § 11 of revision, without change in substance. }} LAWS REPEALED BY MEM. CORP. LAW. 221 (L. 1875, ch. 419 amends L. 1853, ch. 395.) (L. 1875, ch. 452 amends L, 1848, ch. 319.) (L. 1875, ch. 512 amends L. 1855, ch. 425.) (L. 1876, ch. 53, amends L. 1875, ch. 267.) (L. 1876, ch. 190 amends L. 1848, ch. 319.) (L. 1876, ch. 846 amends L. 1855, ch. 425.) (L. 1877, ch. 228; R. S., 8th ed., 2057.) Section 1. At any time hereafter any twelve or more persons who may desire to form a corporation commonly called board of trade or exchange, or a builders’ exchange or association, for the purpose of fostering trade and commerce, or the interests of those whose business is the erection of buildings or the furnishing of materials used in the erection of buildings, to reform abuses in trade or business, to secure freedom from unjust or unlawful exactions, to diffuse accurate and reliable information among its members as to the standing of merchants and builders, and other matters to produce uniformity and certainty in the customs and usages of trade and commerce, and of those engaged in the busi- ness of erecting buildings or the furnishing of materials, to settle difference between its members and to promote a more enlarged and friendly intercourse between merchants and business men, may make, sign and acknowledge before some officer competent to take the acknowledgment of deeds, and file in the clerk’s office of the county where the principal office of such corporation is to be located, and a duplicate thereof in the office of the secretary of state, a certificate in writing in which shall be stated the name of the corporation, and the object for which it shall be formed, the amount of its capital stock, if any, the number of shares of which said stock shall consist, the time of its existence, not to exceed fifty years; the number of trustees and their names, who shall manage the affairs of the corporation for the first year, and the name of the city or town and county in which the principal office of such corporation is to be located. (Thus amended by L. 1886, chap. 333.) [Section 1 is re-enacted in § 130 of revision with the fol- lowing changes: Five or more persons may incorporate instead of twelve or more, and the provision is broader in that persons having a “common trade, business, financial or professional inter- est ¥ may ineorporate. The manner of acknowledging the certificate is regulated by Stat. Const. L., § 15, and the place where it is to be filed is pre- scribed by § 5 of the Gen. Corp. L. Board of trade corporations can not incorporate under this chap- ter for business purposes, with capital stock, See note to § 130 of revision. ] ; + 222 LAWS REPEALED BY MEM. CORP. scl , (Laws 1877, ch. 228; R. S., 8th ed., 2057.) g 2. When the certificate shall have been filed as aforesaid, the persons who shall have signed and acknowledged the same, and their successors and associates, shall be a body politic and cor- porate in fact and in name stated in such certificate; and by such name shall have power: 1. To sue and be sued; complain and defend in any court of law or equity. 2. To make and use a common seal, and alter the same at pleasure. 8. To appoint such subordinate officers and agents as the busi- ness of the corporation may require, and to allow them a suitable compensation. 4. To make by-laws not inconsistent with any existing law, for the management of its property, the regulation of its affairs, and for the transfer of its stock. Section 2 is not re-enacted, but its provisions are covered by § 11 of the Gen. Corp. L.J [Sections 3-6 were repealed by general and stock corporation laws of 1890.] § 7. Such corporations shall have power to admit and expel members in such manner as may be provided in the by-laws of such corporation. [Section 7 is covered by § 8 of revision, authorizing the adoption of by-laws. (L. 1877, ch. 380 amends L. 1865, ch. 368.) (L. 1877, ch. 426 amends L. 1868, ch. 402.) (L. 1877, ch. 469 amends L, 1854, ch. 112.) (L. 1879, ch. 107; BR. S, 8th ed., 1943.) Section 1, Any rural cemetery association duly incorporated under the act entitled “An act authorizing the incorporation of rural cemetery associations,” passed April twenty-seventh, eight- een hundred and forty-seven, and the acts amending the same, which shall have issued, or which may hereafter issue certificates of indebtedness, pursuant to the provisions of chapter one hun- dred and sixty-three of the laws of eighteen hundred and sixty, entitled “An act to amend the act entitled An act authorizing the incorporation of rural cemetery associations, passed April twenty-seventh, eighteen hundred and forty-seven,” or which shall have any outstanding indebtedness for lands purchased for cemetery purposes or for moneys actually expended in presery- ing, improving and embellishing the cemetery grounds, may ehange such certificates of indebtedness, or said outstanding LAWS REPEALED BY MEM. CORP. LAW. 228 (Laws 1879, ch. 107; R. S, 8th ed., 1944.) indebtedness, or any part thereof, into certificates of stock, by and with the consent of two-thirds of the trustees of the said rural cemetery association issuing the same, and the consent of the person or persons holding the said certificate of indebted- ness, or to whom said outstanding indebtedness is due, which change shall be effected in the manner following, that is to say: The board of trustees of any such corporation desiring to make the change authorized by this act, by a vote of not less than two-thirds of all the trustees elected, shall adopt a resolution expressing the desire and willingness of the said corporation to receive and accept a surrender and cancellation of the out- standing indebtedness or certificate of indebtedness issued by the said corporation, and to issue certificates of stock therefor in shares of the par value of twenty-five dollars each, or some multiple thereof, which resolution shall be entered at length in the book of minutes kept by the said board of trustees, where- upon the person or persons to whom said outstanding indebted- ness is due or the person or persons holding the certificates of indebtedness referred to in the said resolution may cancel the said outstanding indebtedness or surrender and yield up such certificate of indebtedness to the said corporation, to be can- celled and destroyed, and thereupon the said trustees shall have power to issue and deliver to such person or persons certificates of stock, in shares of twenty-five dollars each, or some multiple thereof, to an amount corresponding with the amount of the outstanding indebtedness or of the certificates of indebtedness so surrendered. And from theneeforth no interest shall accrue or become payable to the holders of the said stock, but in lieu of interest, if, after deducting all current expenses incurred by said trustees from the total receipts from all sources of said cemetery, there shall remain a surplus, then the holders of the said stock shall be entitled to claim and lawfully receive annu- ally or semi-annually a dividend for such proportion of the said surplus or net receipts of the said cemetery as shall have been agreed upon at the time of issuing such stock, if any surplus shall remain after the payment of such current expenses. (As am. by L. 1894, ch. 267.) § 2. The certificates of stock hereby authorized to be issued shall be sealed with the corporate seal of the association, and signed by the president or vice-president and treasurer thereof. Such stock shall be deemed personal property, and shall be trans- ferable only on the books of the said association upon the surrender of the certificate thereof (unless otherwise provided on the face of such certificate), and upon every such surrender a new certifi- 224 LAWS REPEALED BY MEM. CORP. LA (fu 1879, ch. 167; RK. S., Sth ed, 1944.) eate for the stock surrendered shall be issued to the party to whom the said stock shall have been transferred, and the holders of the said stock shall be entitled, in person or by proxy, to one vote for every share thereof, at the annual election for trustees and at other business meetings of the said corporation. § 3. The trustees shall keep a register or record of the stock issued by the said corporation, showing the date of issue, the number of shares, the par value thereof, and the name or names of the person or persons to whom the same shall be issued, and the number of the certificate therefor, and all transfers of such stock shall be noted and entered in the said register or record, and the certificates surrendered shall be deemed cancelled by the issue of a new certificate, and such surrender certificate shall be destroyed. § 4, Nothing in this act contained shall be construed to create a lien upon lots or plats belonging to individual proprietors within the cemetery limits, nor any other or greater liability against the association or trustees issuing such stock, than may be necessary to enforce the faithful application of the surplus or net receipts of the said cemetery to and among the holders of the said stock in manner aforesaid; provided, however, that any trustee of such sorporation may become the holder or transferee of such stock for his own individual use or benefit. [This chapter is re-enacted, without change of substance, in § 50 of revision, so far as certificates of stock heretofore issued are concerned. There is no authority in the Membership Cor- porations Law for the issue of such certificates, hereafter. J ‘(L. 1879, ch. 108 amends L. 1847, ch. 183.) (L. 1879, ch. 252 amends L, 1848, ch. 319.) “(L. 1879, ch. 411 amends L. 1868, ch. 402.) (L. 1880, ch. 98 amends L, 1875, ch. 267.) (L. 1880, ch. 246; RB. S, 8th ed. 2027.) Section 1. Any society, association or incorporation now incor- porated, or that hereafter may be incorporated under and by virtue of chapter three hundred and sixty-eight of the laws of eighteen hundred and sixty-five, entitled “An act for the incor- poration of societies or clubs for certain social and recreative pur- poses,” and the acts amendatory thereof, may, from time to time, extend its objects and business beyond those set forth in its original certificate, so as to include other objects and business authorized by said acts, on making, signing and acknowledging, under the hands of its trustees, or a majority of them, an addi- tional certificate stating the further objects and business of such - —_ LAWS REPEALED BY MEM. CORP. LAW. 225 (L. 1880, ch. 566; R. S., 8th ed., 1944.) society, and filing the same in the office of the secretary of state and also in the office of the clerk of the county in which the office of such society shall be situated; provided that no such society or incorporation shall engage, directly or indirectly, in any objects or. business not specified or included in the said acts. [Section 4 of revision authorizes an extension to objects of a kindyed nature, for which the corporation might have been origin- ally created. . See note to § 4 of revision.} (L. 1880, ch. 566; BR. S, Sth ed. 1944.) [Section 1 amends the act of 1847.]} § 2. Any lot or plat hereafter conveyed by any association incorporated under the act hereby amended, may be conveyed in such form and manner that, from the time of such conveyance, or from the time of any interment in such lot or plat, the same shall be forever thereafter inalienable, and shall, upon the death of the holder or proprietor thereof, descend to all or any one or more of the heirs-at-laws of such holder or proprietor, and to all or any one or more of their heirs-at-law, or to such other person or persons, or such other class or classes of persons as may in the conveyance thereof be designated for that purpose; but any one or more of such heirs-at-law, or of the persons who shall become the joint owners or proprietors of such lot or plat, may release to any other or others of such heirs-at-laws, or persons, his, her or their interest in the same, on such conditions as shall be speci- fied in such release, a copy of which shall be filed in the office of such association. fSection 2 is re-enacted in § 49 of revision, which makes the lot inalienable after a burial therein, while under the above section such lot may be made inalienable from the time of the conveyance. ] § 3. Any lot or plat heretofore conveyed, or which may here- after be conveyed by said association, may be held in the manner and for the purpose authorized by the last preceding section; provided that the owner or proprietor thereof, who has received ® conveyance of the same from such association, shall signify and declare his or her wishes thereto, by an instrument in writ- jing duly acknowledged, or by any last will and testament duly made and executed; and shall file the same, or a copy thereof, in the office of such association. [Section 3 is not re-enacted.] 29 226 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1880, ch. 566; R. S., 8th ed., 1945.) § 4. Any such association may take and hold any lot or plat which may be conveyed or devised to it by the owner or pro- prietor thereof, receiving title thereto from such association, with authority in the grantor or testator to make the said lot or plat thereafter inalienable, and to restrict interments therein to such person or persons, or such class or classes of persons, as may for that purpose be designated and prescribed in the conveyance or devise under which the said lot or plat shall be so taken and held. [The provision authorizing the corporation to hold lots recon- veyed to it is re-enacted without change of substance in § 49 of revision, The remainder of the section is omitted. (L. 1881, ch. 139; R. S, 8th ed., 1948) Section 1. Every corporation whieh shall, under authority of law, hold, occupy and use lands for a cemetery and burial place, may receive by gift or bequest any moneys or personal property for the improvement and maintenance of such cemetery; or for the maintenance, repair, preservation or ornamentation of any private plat, vault, monument, tomb or other structure in such cemetery, according to the terms of such gift or bequest. [This chapter is re-enacted without change of substance in § 45 of revision. (L. 1881, ch. 207 amends L. 1855, ch. 425.) (L. 1881, ch. 254 amends L. 1848, ch. 319.) (L. 1881, ch. 888 amends L. 1855, ch. 425.) (L. 1881, ch. 412 amends L. 1865, ch. 402.) (Laws 1881, chap. 428; R.8., 8th ed., 1928.) Section 1. The funds of charitable and benevolent institutions and charitable and benevolent corporations may be invested in any such securities as are now permitted by law to banks for savings; and also in such real estate as such institutions or corporations are permitted to hold under the laws of this state. § 2. Such associations and corporations may retain and hold as such investment any specific property, real or personal, ‘donated to them respectively. § 8. Nothing contained in this act shall be so construed as to permit any such institution or corporation to take or hold any personal or real estate beyond the amount in value it is now entitled to hold under its charter or the laws of this state. [This act is repealed, but not re-enacted. There is no doubt that the surplus funds of a membership corporation can be so fnvested without express authority of law.] LAWS REPEALED BY MEM. CORP. LAW. 228 (L. 1881, ch. 497 amends L. 1847, ch. 133.) (L. 1881, ch. 526 amends L, 1848, ch. 319.) (L. 1881, ch. 641; RB. S., Sth ed, 1928) Section 1. All corporations already formed or which héreafter may be formed under and in pursuance of chapter three hundred and nineteen of the laws of eighteen hundred and forty-eight, being “An act for the incorporation of benevolent, charitable, scientific and missionary societies,’ and the several acts amenda- tory thereof, and their successors, by their corporate name, shall in law be capable of taking, receiving, purchasing and holding real estate for the purposes of their incorporaticn to an amount not exceeding the sum of two hundred thousand dollars in value, and personal estate for like purposes to an amount not exceeding the sum of two hundred thousand dollars in value, but the clear annual income of such real and personal estate shall not exceed the sum of fifty thousand dollars, subject, however, to the restrie- tions upon devises and bequests contained in an act, entitled “An act relating to wills,” passed April thirteen, eighteen hun- dred sixty. ‘—Superseded by Gen. Corp. L, § 12.] (L. 1883, ch. 446 amends L. 1848, ch. 319.) (L. 1884, ch. 68 amends L. 1869, ch. 629.) (L. 1884, ch. 483 amends L. 1860, ch. 163.) (L. 1884, ch. 436 amends L. 1855, ch. 425.) (L. 1885, ch. 66 amends L. 1865, ch. 368.) (L. 1885, ch. 88 amends L. 1848, ch. 319.) (L. 1885, ch. 474 amends L. 1875, ch. 267.) (L. 1886, ch. 30 amends L. 1875, ch. 130.) (L. 1886, ch. 236; R. S., 8th ed., 2027.) Section 1. Any five or more persons, of full age, citizens of the United States, and a majority of whom are also citizens of this state, who desire to form themselves into a political club, may sign and acknowledge, before any officer authorized to take the acknowledgment of deeds in this state, and file in the office of the secretary of state, and also in the office of the clerk of the county in which the office or house of such club shall be situated, a certificate in writing, in which shall be stated the name or title by which such club shall be known in law; the particular busi- hess and object of such club; the number of trustees, directors, managers or executive committee to manage the same, and the names of the trustees, directors, managers or executive committee for the first year of its existence. [Sections 30-31 of revision, without change in substance.] 228 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1886, ch. 236; R. S., 8th ed., 2028.) § 2. Upon filing a certificate as aforesaid, the persons who shall have signed and acknowledged such certificate and their associates and successors, shall thereupon, by virtue of this act, be a body politic and corporate by the name stated in such certificate, and by that name they and their successors shall and may have succession, and shall be capable of suing and being sued; and they and their successors may have and use a, common seal, and may alter and change the same at pleasure; and they and their successors, by their corporate name, shall, in law, be capable of taking, receiv- ing, purchasing, leasing and holding real estate for the purposes of their incorporation, and for no other purpose, to an amount not exceeding the sum of five hundred thousand dollars in value, exclusive of the building and improvements thereon, and personal estate for like purposes to an amount not exceeding the sum of one hundred and fifty thousand dollars in value, exclusive of the building and improvements on its said real estate, and the fur- nishing of its club-house, but the clear annual income of such — real and personal estate shall not exceed the sum of fifty thousand — dollars; to make and adopt a constitution, by-laws, rules and — regulations for the government of said corporation, and for the ; admission, voluntary withdrawal, censure, suspension and expul- sion of its members, for the establishing and collection of the fees and dues of its members, the number and election of its offi- cers, and to define their duties and compensation, and for the safe-keeping of its property, and the general conduet of its affairs, and from time to time to alter, modify or change such constitu- tion, by-laws, rules and regulations; provided, however, that no constitution, by-laws, rules or regulations shall be made or adopted by said corporation which shall be inconsistent with the constitution and laws of the United States or this state. [Provision that on filing certificate, corporation is formed, is in § 31 of revision. Provision as to general powers, is super- seded by Gen. Corp. L., § 11. Provision as to holding property is superseded by Gen. Corp. L., § 12, which allows $3,000,000. The provisions in regard to making by-laws are in § 8 of revision. § 3. The membership of any person in said club shall be deter: mined by his death, or by his voluntary withdrawal therefrom, 0 by expulsion therefrom, and the manner of such withdrawal expulsion of members shall be determined and provided by th constitution or by-laws of said corporation, and upon such dea withdrawal or expulsion, all and every right, title and interest the person whose membership is so determined, in or to said cot ae LAWS REPEALED BY MEM. CORP. LAW, — 229 (Laws 1886, ch. 236; R. S., 8th ed., 2029.) poration or its property or effects, shall at once cease and be forever at an end. Section 8 of revision authorizes the adoption of by-laws regu- lating admission and expulsion of members, and the termination of membership. Section 9 of revision provides that on termination of membership the interest of a member in the corporation and its property ceases, unless otherwise provided by the by-laws.} § 4. Any five or more of the officers or members of any unin- corporated political club heretofore organized, when duly author- ized by vote of said club, may avail themselves of the provisions of this act, by signing, acknowledging and filing a certificate in writing as provided in section one of this act, and thereupon all property, rights and interests of said club then held by any or either of its officers or members, or any person or persons, for its use and benefit, shall by virtue of this act vest in and become the property of the corporation so created, subject to the payment of the debts of said club. The several ofiicers and committees of any club which may avail themselves of the provisions of this act, shall continue to hold their respective offices of said club, with the powers and duties prescribed by the constitution and by-laws of said club, until their successors shall be elected and installed, and in case of any previous vacancy among such officers, it shall be filled in the manner prescribed by the con- stitution and by-laws already adopted by said club or as the same may in conformity therewith be altered or amended by said corporation; and the constitution and by-laws of said club exist- ing at the time its officers or members may avail ..emselves of the provisions of this act, shall be the constitution and by-laws of said corporation until so altered or amended by said corpo- ration. fBy § 5 of revision incorporation may be effected substantially as here provided.} § 5. The club so incorporated may elect, from its members, its trustees, directors, managers or executive committee, except as hereinbefore provided; and the trustees, directors, managers or executive committee so elected may divide the whole number of trustees, directors, managers or executive committee into classes. so that not less than one-fifth of their number shall be elected annually after the first organization of any board of such trus- tees, directors, managers or executive committee. Such election may be held at such time and place and in such manner as may _ be specified in the constitution or bylaws; and such board, 230 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1886, ch. 236; R. S., 8th ed., 2029.) together with the officers of the club for the time being, shall have the control and management of the affairs and funds of said club, a majority of whom shall be a quorum for the transac- tion of business, and whenever any vacancy shall occur in such board, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the constitution or by-laws of such club. The number of trustees, directors, managers or executive committee in any corporation, organized under this act, shall not be less than five nor more than forty. [Section 10 of revision provides that the directors shail be members. Section 8 of revision provides that the by-laws may classify the directors, regulate elections and provide for the filling of vacancies. Section 29 of Gen. Corporation Law gives to the directors the management of corporate affairs and fixes a majority asa quorum. Section 31 of revision fixes the number of directors at not less than three nor more than thirty. § G. In case it shall, at any time, happen that an election of trustees, directors, managers or members of the executive com- mittee shall not be made on the day designated by the by-laws, said club, for that cause, shall not be dissolved, but it shall and may be lawful on any other day to hold an election for trustees, directors, managers or members of the executive committee in such manner as may be directed by the constitution or by-laws of such club. [Covered by the provisions of §§ 23-26 of General Corporation Law.] (L. 1886, ch. 383 amends L. 1877, ch. 228.) (L. 1886, ch. 666; R. S., 8th ed., 2042.) Section 1. Any library association duly incorporated under the laws of this state and located in any city of the state, which owns real estate of the value of at least twenty thousand dollars in said city and also at least ten thousand volumes and main- tains the same as a free public library or a free library for the free circulation of books, among the inhabitants of said city and which shall have actually circulateé in the twelve months next preceding the date of the application herein authorized at least seventy-five thousand volumes, is hereby authorized to apply to the common council or other proper authority, and in the city of New York to the board of estimate and apportionment, for the appropriation of a sum not exceeding five thousand dollars. § 2. Any such library association which shall have circulated in — addition to the seventy-five thousand volumes above specified, — more than one hundred thousand volumes, is hereby authorized LAWS REPEALED BY MEM. CORP. LAW. 231 (L. 1886, ch. 666; R. S., 8th ed., 2042.) to apply to the common council or other proper authority, and in the city of New York to the board of estimate and apportionment for a further appropriation of five thousand dollars for each one hundred thousand volumes so circulated in the twelve months next preceding the date of such application over and above the seventy- five thousand volumes above referred to. § 3. The term “circulation,” as used in this act is hereby defined to mean the aggregate number of volumes actually with- drawn from the library, or libraries, of any library association, by the people of said city, for use in their own homes or places of business. § 4. The common council of the cities of this state, or other proper authorities of the same, are hereby authorized and empow- ered to make proper provision for the payments of the appropria- tion as herein provided for. § 5. In the city of New York the board of estimate and appor- tionment may annually include in its final estimate the sums or sum provided as herein to be appropriated to any such library association as is authorized to receive such appropriation or appro- priations under the provisions of this act; provided, however, that the whole appropriation for any one library association shall not exceed the sum of forty thousand dollars in any one year. {Repealed but not re-enacted, being superseded by L. 1892, ch. 378, § 37.9 (L. 1887, ch. 313; R. S., 8th ed., 2043.) Section 1. Any library association duly incorporated under the laws of this state, and located in any village or city of the state, having a population of not exceeding thirty thousand, which owns real estate of the value of at least four thousand dollars, or pays rent of at least three hundred dollars per annum in said village or city, and also owns at least five thousand volumes and main- tains the same as a free public library, or a free library for the free circulation of books among the inhabitants of said village or city, and which shall have actually circulated in the twelve - months next preceding the date of the application herein author- ized, at least fifteen thousand volumes, is hereby authorized to _ apply to the board of trustees, common council or other proper authority for the appropriation of a sum not exceeding one thou- sand dollars. § 2. Any such library association which shall have circulated in addition to the fifteen thousand volumes above specified, more _ than fifteen thousand volumes, is hereby authorized to apply to the board of trustees, common council, or proper authority, for a further appropriation of one thousand dollars for each fifteen _ thousand volumes so circulated in the twelve months next pre- 232 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1887, ch. 3138; R. S., 8th ed., 2043.) ceding the date of such application, over and above the fifteen thousand volumes above referred to. § 3. The term “circulation,” as used in this act, is hereby defined to mean the aggregate number of volumes actually with- drawn from the library or libraries of any said library associa- tion, by the people of said village or city, for use in their »wn homes or places of business. § 4. The board of trustees of villages, the common council of cities of this state or other proper authorities:of the same, are hereby authorized and empowered to make proper provision for the payments of the appropriation as herein provided for, and also to raise by tax, in the manner now provided by law, che amount of the appropriation herein provided for, in addition to the sum which they are now authorized to raise. — [Repealed but not re-enacted, being superseded by L. 1892, ch. 378, § 37.] (Laws 1887, chap. 317; R. S., 8th ed., 2031.) Section 1. Any nine or more attorneys, or counselors of the supreme court of this state, in active practice therein, and resid- ing or having offices in the same county, being citizens of the United States and of this state; who desire to form themselves into an association to cultivate the science of jurisprudence, to pro- mote 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 the spirit of brotherhood among the members thereof, may sign and acknowledge before any officer authorized to take acknowledgments of deeds in this state, and file in the office of the secretary of state, and a duplicate thereof in the office of the clerk of the county in which such asso- ciation is formed, a certificate, in writing, to be approved by three justices of the supreme court, in which shall be stated the name of said association, its object, the number of trustees who shall manage the same, the names of the trustees for the first year | of its existence, and the name of the county in and for which it is formed. e-enacted in § 100 of revision. Number of incorporators changed to not less than five.J § 2. Upon filing a certificate as aforesaid, the persons who shall have signed and acknowledged such certificate and their asso- ciates and successors, shall thereuppn, by virtue of this act, be @ body politic and corporate by the name stated in such certificate. Such association shall have succession, and shail be capable in law of suing and being sued, and may have and use a common seal, and may alter and change the same at pleasure, and shall in LAWS REPEALED BY MEM. CORP. LAW. _ 233 (Laws 1887, ch. 317; Ri. S., 8th ed., 2032.) law be capable of taking, receiv'ng, purchasing, leasing and hold- ing real estate for the purpose of such association to an amount not exceeding the sum of two hundred thousand dollars in value, - exclusive of the buildings and improvements thereon, and per- sonal estate not exceeding in amount the sum of fifty thousand dollars in value, but the clear annual income of such real and per- sonal estate shall not exceed the sum of twenty-five thousand dollars; to make by-laws, rules and regulations for the govern- ment of said association, and for admission, voluntary withdrawal, censure, suspension and expulsion of its members; for the estab- lishment and collection of the fees and dues of its members, the number and election of its officers, and to define their duties and compensation, and for the safekeeping of its property, and from time to time alter, modify or change such by-laws, rules and regu- lations; provided, however, that no by-laws, rules or regulations shall be made or adopted by said association which shall he inconsistent with the constitution and laws of the United States or of this state; and provided, further, that noi one shall be eligible to active membership in such association unless he resides, or has an office, in the county in and for which such association is formed, and is an attorney and counselor of the supreme court of this state. : fThe provision that on filing certificate, the corporation is formed, is in § 100 of revision. The general powers of the cor- poration are in § 11, Gen. Corp. L ‘The power to hold prop. erty is superseded by Gen. Corp. L., § 12, which authorizes $3,000,000. The power to make by-laws for various purposes is in § 8 of revision, and Gen. Corp. L., § 11.} § 8. The membership of any person in said association shal] be determined by his death or his voluntary withdrawal there- from, or by expulsion therefrom, and the manner of such with- drawal or expulsion of members shall be determined and pro- vided by the by-laws of said association, and upon such death, withdrawal or expulsion, all and every right, title and interest of the person whose membership is so determined’ of, in and to the property and effects of said’ association, shall thereupon be forever at an end. [Sections 8 and 9 of revision. ] § 4. The association so incorporated shall elect its trustees _ from its members. Such election may be held at such time and place and in such manner as may be specified in the by-laws, ‘and such board shall have the control and management of the affairs and property of said association. The number of such ¥ board that shall constitute a quorum for the transaction of 30 234 LAWS REPEALED BY MEM. CORP. LAW. , (Laws 1887, ch. 817; R. 8, 8th ed, 2032) business may be specified in the by-laws, but if not so specified, a majority of such board shall constitute a quorum. Whenever any vacancy shall happen among such trustees by death, resig- nation or neglect to serve, such vacancy shall be filled in such manner as shall be specified by the by-laws of such association. (As am. by L. 1894, ch. 332.) FSection 9 of revision provides that directors shall be mem- bers. Section 8 of revision authorizes the adoption of by-laws regulating elections and the filling of vacancies. Section 29 of Gen. Corporation L. gives to the directors the management of corporate affairs, and makes a majority a quorum.] § 5. Any association organized under this act may at any time, and in such manner as shall be provided by the by-laws of such association, increase the number of trustees to not more than twenty-one (21), or diminish to not less than nine (9). Whenever the trustees are diminished orm increased, the existing trustees of any such association, or a majority of them, shall sign and acknowledge before any officer authorized to take acknowledgments of deeds in this state, and file in the office of the secretary of state, and also in the office of the clerk of the county where the original certificate of incorporation is filed, a certificate in writing declaring how many trustees such asso- ciation shall thereafter have, and from and after the filing of such certificate the number of trustees of such association shall be deemed increased or diminished to the number therein stated. [Section 14 of revision authorizes a change in the number of trustees to not less than three nor more than thirty by action of a corporate meeting. (Laws 1887, ch. 317; R. &, 8th ed., 2033.) [Section 6 was repealed by Gen. Corp. L. of 1890.] [Section 7. Devises. Not repealed.] § 8. The trustees of any association organized under the pro- visions of this act who shall consent to the contracting of any debt by such association shall’ be jointly and severally liable therefor, provided that an action for the collection of the debt shall be brought within one year after the same shall become due. [Section 11 of revision makes the directors liable for debts contracted while they are directors, payable within one year, provided an action is brought against the corporation within one year and a second action is brought against the directors within one year after execution against the corporation is returned unsatisfied. ] LAWS REPEALED BY MEM. CORP. LAW. — 235 (L. 1887, ch. 501; R. 8, 8th ed., 1933.) Section 1. Any twenty or more persons, being citizens and residents within this state, and having associated themselves as a young men’s Christian association, for the improvement of the spiritual, mental, social and physical condition of young men, by the support and maintenance of lecture-rooms, libraries, reading- rooms, religious and social meetings, gymnasiums and such other means and services as may conduce to the accomplishment of that object, according to the general rules and regulations of the state executive committee of the young men’s Christian associa- tions of this state, may make, sign and acknowledge before any officer authorized to take acknowledgments of deeds in this state and, with the written consent and approbation of one of the justices of the supreme court, file in the office of the secretary of state, and also in the office of the clerk of the county in which such society is to have its principal office, a certificate in writing in which shall be stated the object of such association to be that above set forth, the place wherein the principal office is to be located, the number and names of the directors or managers of such association for the first year of its existence, and also the names of six trustees who, together with the president of the association, shall form a board of trustees to hold and control the real property of such association. [Re-enacted in § 90 of revision, without change of substance.} § 2. Upon filing a certificate as aforesaid the persons who shall have signed and acknowledged such certificate and their asso- ciates and successors shall thereupon by virtue of this act be a body politic and corporate by the name of “the young men’s Christian association of ” (the place named in said certificate), and by that name they and their successors shall and may have succession, and shall be persons in law capable of suing and beiag sued; and they and their successors may have and use a common seal, and the same may alter and change at pleasure, and they and their successors by their corporate name shall in law be capable of taking and receiving by devise or otherwise, purchas- ing and holding real estate for the purposes of their incorporation, and for no other purpose; and shall have power to make by-laws for the management of the affairs of such association not incon- sistent with the constitution and laws of this state; and to elect and appoint the officers and agents of such association for the management of its business and carrying out its object, and to allow them a suitable compensation. (Thus am. by L. 1890, ch. 104.) [The provision that on filing the certificate, the corporation is formed, is in § 90 of revision. The general powers of the corpora- 236 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1887, ch. 501; R. S, Sth ed, 1934.) tion are in Gen. Corp. L., § 11. The power to make by-laws is in § 8 of revision and § 11 of Gen. Corp. Law.J [Section 3 was repealed by Gen. Corp. L. of 1890.] § 4. Each member of the board of trustees shall be a. member of one of-the Protestant Evangetieal denominations, but not more than two of such members, exclusive of the president of the asso- ciation, shall be members of any one denomination. The several trustees shall hold office for such a term or terms as may be pre- scribed by the by-laws duly established and adopted by the board of trustees; and whenever a vacancy occurs in said board of trus- tees by expiry of term or otherwise, the same shall be filled by a majority vote of the remaining trustees. [the first sentence is in § 90 of revision. The by-laws adopted pursuant to § 8 of revision may regulate the terms of office and the manner of filling vacancies.] § 5. The real property of the association shall be managed by the board of directors or managers of such association, but all real property which shall be given or acquired by such association, and all gifts and bequests of money to be held in trust, shall be held by the board of trustees; but no real property belonging to an association so incorporated shall be conveyed, disposed of or mort- gaged by said board of trustees except under the direction of such association, nor shall such real property be liable for any debt or obligation of the corporation, unless such debt or obligation shall have been contracted with the approval of the board of trustees. The income which the said board of trustees shall receive from the property under its control and the said property shall be devoted to the purposes of this act and for no other purpose and so long as the managers or directors of the association for which they are trustees shall so expend the same, the income of the property so controlled by the said board of trustees shall be paid over to the treasurer of such association. FSection 91 of revision. By § 18 the real property can only be mortgaged, sold or leased, with leave of the court.} § 6. All associations organized under this act shall be subject to and included in, and entitled to all the benefits of chapter fifty- eight of the laws of one thousand eight hundred and sixty-one, entitled “An act to authorize the leasing or sale and conveyance of the real estate of benevolent, charitable, scientific, missionary gocicties and orphan asylums.” And it is hereby further pro- vided that where there shall have existed a corporation or asso- ciation owning or holding property, real or personal, which they LAWS REPEALED BY MEM. CORP. LAW. 237 (Laws 1887, ch. 501; R. S, 8th ed, 1934) shall desire to convey and transfer to a corporation organized uuder this act, that it shall be lawful for the supreme court of this State, on an application made in the judicial district where such corporation or association shall be located, upon the applica- tion of three-fourths of che trustees of such new corporation, to make an order authorizing such transfer and conveyance, specify- ing by whom the same shall be executed, and such transfer or conveyance, when so made, shall vest in the grantees thereof full and absolute title to property, subject only to such liens or incum- brances as existed thereon immediately prior to such transfer or conveyance. (Added by L. 1889, ch. 33.) {Transfer of property on consent of court, allowed generally by this section, is restricted to a conveyance to a corporation of the same or a kindred nature by § 138 of revision.] (Ll. 1887, ch. 506, amends L. 1855, ch. 425.) (L. 1887, ch. 645, amends L. 1865, ch. 368) (L. 1888, ch. 293; R. S, 8th ed, 2013.) Section 1. Any fifteen or more persons of full age, citizens of the United States, a majority of whom shall be citizens of, and residents within this state, who shall desire to associate them- selves together for the purpose of providing parks and play- grounds for children in any of the cities, towns or villages of this state, may make, sign and acknowledge, before any person author- ized to take the acknowledgment of deeds in this state, and file in the office of the secretary of state, and also in the office of the clerk of the county in which such park or play-grounds are to be situated, certificates in writing in which shall be stated the name or title by which the society shall be known in law, the city, town or village in which it is proposed to establish such parks or play- grounds, the number of trustees, directors or managers to manage the same; 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 department in which such parks or play grounds are to be situated, to be indorsed on such certificate. {Sections 30-31 of revision. Minimum number of incorporators changed to five.J § 2. Upon filing a certificate as aforesaid, the persons who shall have signed and acknowledged such certificate, and their asso- ciates and saccessors, shall thereupon by virtue of this act be a 2338 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1888, ch. 293; R. S. 8th ed., 2014.) body politic and corporate by the name stated in such certificate, and by that name, they and their successors shall and may have succession and shall be a person in law capable of suing and being sued, and they and their successors may have and use a common seal and the same may alter and change at pleasure; and they and their successors by their corporate name, shall, in law, be capable of taking, receiving, purchasing and holding by gift, purchase, bequest or devise, real and personal estate for the purposes of their incorporation and for no other purpose to an amount not exceeding the sum of one-half million dollars and such additional amount as may be authorized by the mayor and common council of any city or supervisor of any town or trustees of any village, as the case may be, in which it is proposed to establish and maintain such parks; and shall have power to make by-laws and rules for the management of its affairs and for the protection of its property and maintenance of order; to elect and appoint officers and agents of such society; and generally to manage and conduct its affairs consistently with the constitution and laws of this state and of the United States and so as to pro- mote the objects and purposes of its incorporation. Such cor- porations may also at their own expense appoint and employ police officers, who shall for the purpose of enforcing order and compliance with their orders, have all the powers and authority of the public police officers or patrolmen of the city, town or village wherein such parks or play-grounds may be situated within the limits of their parks or play-grounds and within one thousand feet of the limits thereof, subject however to all laws, ordinances or police regulations of the cities, towns or villages in which such parks and play-grounds may be situated and sub- ject to the authority of the commissioners, superintendents, cap- tains, sergeants or other superior police officers or authority of the particular district or locality in which the same may be. [Provision that on filing certificate corporation is formed is in § 31 of revision. The general powers of the corporation are in § 11 of Gen. Corp. L. The provision as to power of holding property is superseded by Gen. Corp. L., § 12. The power to make by-laws is in § 8 of revision. The provision in relation to police officers is not repealed here. It is to be re-enacted in the Code of Criminal Procedure.] § 3. The society so incorporated may annually elect from its members its trustees, directors or managers, in classes or other- wise, and at such time and place, and in such manner and num- wers as may be specified in its bylaws, who shall have the con- : | . LAWS REPEALED BY MEM. CORP. LAW. 239 (Laws 1888, ch. 293; R. S., 8th ed., 2014.) trol and management of the affairs, property and funds of said society, a majority of whom shall be a quorum for the transaction of business, if not otherwise provided in the by-laws, except that no purchase, lease or sale of real estate shall be made unless two- thirds of the whole number are present at the meeting at which it is ordered; and whenever any vacancy shall happen among such trustees, directors or managers, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. FSection 10 of revision provides that the directors shall be elected from among the members. Section 8 of revision author- izes the adoption of by-laws regulating elections, classifying trus- tees, ete. By § 18 of revision, real property can be pur- chased, sold or mortgaged only with the concurrence of two- thirds of the directors; and sold or mortgaged only on leave of the court.}] [Section 4 repealed by Gen. Corp. L. of 1890.] § 5. The provisions of this act shall not extend or apply to any association or individuals who shall, in the certificate filed with the sewretary of state, or with the county clerk, use or specify a name or style the same as that of any previously existing incor- porated society in this state. [Superseded by Gen. Corp. L., § 6.] § 6. All institutions formed under this aet, together with their books and vouchers, shall be subject to the visitation and inspection of the justices of the supreme court, or by any person or persons who shall be appointed by the supreme court for that purpose, and it shall be the duty of the trustees, or a majority of them, in the month of December in each year, to make and file in the county clerk’s office, where the original certificate is filed, a certificate under their hands stating the names of the trustees and officers of such association or corporation, with an inventory of the property, effects and liabilities thereof, with an affidavit of the truth of such certificate and inventory, and also an affidavit that such association or corporation has not been engaged, directly or indirectly, in any other business than such as is set forth in the original certificate on file. [Visitation of supreme court is retained in § 16 of revi- sion. Tiling of annual report no longer required, but § 11 requires a report of the directors at the annual meeting. See note to §§ 11 and 16.9 (L. 1888, ch. 299 amends L. 1866, ch. 273.) 240 LAWS REPEALED BY MEM. CORP. LAW. ; (L. 1888, chap. 391; R. S., Sth ed., 2087.) Section 1. Any five or more citizens of the United States and of the state of New York, of full age, who desire to form theniselves into a corporation or association for the purpose of educating, training and providing skilled nurses for the sick, and of doing such other practical or charitable work in hospital and elsewhere as may be consistent therewith, may sign and acknowledge before any officer authorized to take acknowledgment of deeds in this state and file in the office of the secretary of state, and also in the office of the clerk of the county where such corporation is to be formed, a certificate in writing to be approved as to form by one of the justices of the New York ‘supreme court. In such certificate shall be stated the name of the proposed corporation, the number of managers who shall control the business of such corporation, and the names of the managers who shall hold office for the first year of its existence and until their successors are elected and qualified, together with the name of the city or county in which such corporation shall be formed. [Re-enacted in §§ 30 and 31 of revision without change of substance. § 2. Upon filing the certificate described in section one of this act, the persons who shall have signed and acknowledged it, their associates and successors shall thereupon, by virtue of this act, be a body politic and corporate by the name stated in such certifi- cate. They and their successors shall, as such corporation, ‘be capable of suing and of being sued; may have and use a corporate geal and alter it at pleasure. Such corporation shall have the power to take and receive real and personal property either by gift, grant, purchase, demise or devise, and to hold the same sub- ject to all the provisions of law, relating to purchase and to devises and bequests ‘by last will and testament; and to sell, mortgage or lease the same as it may deem best, but the amount of the real — estate which such corporation shall hold at any one time shall not, exclusive of buildings and improvements, exceed the value of twenty-five thousand dollars, or pay an annual income exceeding fifteen hundred dollars. Provision that on filing certificate, corporation is formed is in § 831 of revision. The general powers of the corporation are prescribed by Gen. Corp. L,, § 11. The power to hold property is superseded by Gen. C. L,, § 12, which authorizes $3,000,000. By § 18 of revision, the real property of the corporation may be sold, but only on order of the court, after a concurring vote of two- thirds of the directors.] LAWS REPEALED BY MEM. CORP. LAW. 241. (Laws 1888, ch. 391; R. S, 8th ed., 2087.) 8 8. The entire business and property of said corpoi'ation shall be controlled by its managers, who shall have full jjower from time to time to establish rules and make by-laws, not iiconsistent with the laws of this state, for the election of its managers and their officers, for filling all vacancies, the conduct of meetings and the management of all the business of the corporation. TBy § 8 of revision the members are given the power to make by-laws instead of the directors, as provided by this section.} § 4. The number of managers of said corporation may be increased or decreased at pleasure by the vote of a quorum of the managers, at any meeting of which notice has first been given to all the managers then holding office. All managers shall hold office during the term for which they are originally appointed, or are elected, pursuant to the by-laws, until their successors are elected, and have qualified, and all vacancies by death, resigna- tion or failure to act, may be filled as shall be provided in the by-laws. [Section 14 of revision authorizes the members to change the number of directors to not less than three nor more than thirty. By this section a quorum of the directors can make the change. The provision that vacancies shall be filled as provided by the by-laws is in § 8 of revision. ] [Section 5. Repealed by Gen. Corp. L. 1890.] § 6. The trustees, managers or directors of any existing associa- tion or corporation heretofore organized under any other law for the general purposes specified in the first section of this act, may, by conforming to the requirements of the first section of this act, reincorporate themselves, and all the property and effects of such existing corporation shall vest in and belong to the corporation thus reincorporated, and the said corporation thus reincorporated, and its managers, shall thereafter be subject to the obligations and enjoy the privileges of this act precisely as if originally organ- ized thereunder. __ [Section 6 of revision authorizes corporations created by special law to reincorporate under Membership Corporations Law and hereafter be subject to its provisions only. Corporations subject _to laws repealed by the Membership Corporations Law are subject to its provisions without reincorporation.] 31 242 $.\LAWS REPEALED BY MEM. CORP. LAW. (L. 1888, ch. 415 amends L. 1868, ch. 402.) (L. 1888, ch. 484 amends L. 1847, ch. 183.) (L. 1888, chap. 490; R. 8, Sth ed., 1932) Section 1. Any five or more persons of full age, a majority of whom shall be citizens of and residents within this state, who shall desire to associate themselves together for the purpose of preventing cruelty to animals, may make, sign and acknowledge before any person authorized to take acknowledgment of deeds in this state, and file in the office of the secretary of state, and also in the office of the clerk of the county in which the business of the 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 the society for the first year of its existence. But such certificate shall not be filed, unless the written consent and approbation thereof of one of the justices of the supreme court of the district in which the place of business or principal office of such society shall be located, be first indorsed on such certificate, and no cer- tificate for the incorporation of such a society shall be filed, unless there is annexed thereto, the written certificate of the president or acting president of the American Society for the Prevention of Cruelty to Animals, approving of such organization and incorporation. The protisions of this act shall not extend or apply to any association or individuals who shall, in the certi- ficate filed as hereinbefore provided, use or specify a name or style, the same or substantially the same, as that of any hereto- fore existing incorporated society for the prevention of cruelty to animals in this state, and not more than one such society shall be incorporated or located in the same county within this state; nor shall any society be incorporated under this act in the city or county of New York, or in the counties of Kings, Queens, Suf- folk, Richmond or Westchester, nor shall any society incorporated under this act, or its agents, exercise any power in any county except the county in which it is incorporated, but nothing herein contained shall apply to any society now incorporated. (Thus am. by L. 1892, ch. 291.) | FProvisions for filing certificate are in § 70 of revision. Provisions as to approval of certificate ame in § 70 of revi- sion. Provision that society shall not use same name as anothe corporation is superseded by Gen. C. L., § 6. Section 71 provid that, unless heretofore incorporated, there shall not be more tha: one society in a county. Provision that societies shall not be incorporated in certain counties is in § 71 of revision.] LAWS REPEALED BY MEM. CORP. LAW. 243 (Laws 1888, ch. 490; R. S., 8th ed., 1933.) § 2. Upon filing the certificate as aforesaid, the persons who shall have signed and acknowledged such certificate, and their associates and successors, shall thereupon, by virtue of this act, be a body politic and corporate by the name stated in such cer tificate, and as such shall have power, 1. To have perpetual succession by its corporate name. 2. To sue and be sued, complain and defend, in any court of law or equity. 3. To make and use a common seal, which may be affixed by making an impression directly on the paper, and alter the same at pleasure. 4. To appoint such officers, managers and agents as the busi- ness of the corporation may require. 5. To make by-laws not inconsistent with the laws of this state or United States, for the management of its property and the regulation of its affairs. 6. To contract and be contracted with. 7. To take and hold by gift, purchase, grant, devise or bequest, any property, real or personal, and the same to dispose of at pleasure. But such corporation shall not, in its corporate capacity, hold real estate, the yearly income derived from which shall exceed the sum of fifty thousand dollars. 8. To exercise any corporate powers necessary to the exercise of the powers above enumerated and given. {The general powers of the corporation are in Gen. Corp. L, § 11. Gen. Corp. L., § 12, authorizes the holding of property to the amount of $3,000,000. Section 8 of revision and Gen. Corp. L., § 11, authorize the corporation to adopt by-laws.] § 3. Every society so incorporated shall be vested with the title, use and enjoyment of any gift, grant, devise or bequest which has been made to such society before its incorporation, which, by the consent of the American Society for the Prevention of Cruelty to Animals, has been heretofore used and enjoyed by it. [Omitted] § 4. All magistrates, constables, sheriffs and officers of potice shall, as occasion may require, aid every society so incorporated, _ its officers, Members and agents in the enforcement of all laws which now are or may hereafter be enacted, relating to or affect ing animals. {Section 72 of revision, without change of substance.} 244 LAWS REPEALED BY MEM. CORP. LAW. (L. 1888, ch. 536, amends L. 1875, ch. 287.) ; (L. 1889, ch. 38° amends L. 1877, ch. 501.) (L. 1889, ch. 95; R. 8, Sth ed. [Supp.], 3353.) § 1. Any number of persons, more than eleven in number, who may desire to form a corporation for the purpose of erecting, establishing, maintaining and operating a hospital, infirmary or home for the reception, care, maintenance, giving of medical and surgical advice, aid and treatment to persons afflicted with maladies, or physical injuries, or physical weaknesses or deformi- ties or infirmities, or a home for aged and indigent persons or free dispensary, may make, sion and acknowledge, before an officer competent to take the acknowledgment of deeds, and file in the office of the clerk of fhe county in which such hospital, infirmary or home is to be located, and a duplicate thereof in the office of the secretary of state, a certificate in writing, in which shall be stated the corporate name of said corporation, and the objects for which the same shall be formed, the names of the persong who shall form the poard of managers of said corpora- tion for the first year, the term of duration of such corpora- tion, and the name of the town or city and county in which the said hospital, home, infirmary or dispensary is to be located; put such certificate shall not be filed unless the written consent and approbation thereof by one of the justices of the supreme court of the district in which the jlace of business or principal office of such corporation shall be located be first indorsed thereon, together with the certificate in writing of the state board of charities approving of the organization and incorpora- tion of such institution. On filing such certificate so indorsed, together with the certificate of the state board of charities approving the same, such persons and such other persons as may thereafter become associated with them shall be a corporation by the name specified in such certificate. (As am. by ZL. 1894, ch. 256.) Section 80 of revision. Minimum number of incorporators changed to five.] § 2. It shall be lawful for any corporation organized under the provisions of this act, to establish and maintain an institution for any one or more or all the purposes mentioned in the first section hereof, provided that the certificate of incorporation specify precisely for which of said purposes such institution is to be established. LSection 80 of revision. } § 3. Such corporation shall have power to take, receive, and hold, by gift, grant, devise or bequest, in trust or in perpetuity, any real LAWS REPEALED BY MEM. CORP. LAW. 245 (Laws 1889, ch. 95; R. S., 8th ed. [Supp.], 3353.) and personal estate, either and both, for the uses and purposes of the said corporation; provided, however, that the annual net income of its property, real and personal, shall not exceed two hundred thousand dollars. [Superseded by Gen. Corp. L., § 12, which authorizes corpora- tion to hold property of the value of $3,000,000.] [Section 4. Exemption from taxation. Not repealed.] § 5. It shall be lawful for the certificate of incorporation here- inbefore mentioned, to declare and prescribe whati shall be the qualifications of members of the said corporation in the matter of adherence or non-adherence to any particular school or theory of medical or surgical treatment, and what system of practice of medicine or treatment shall be used and applied in such hospital, infirmary or home. [Section 80 of revision without change in substance.], § 6. The affairs of such corporation shall be conducted, man- aged and administered by a board of managers, to consist of nine persons. The persons named as managers or trustees for the first year in the certificate of association hereinbefore men- tioned, shall administer the affairs of the said corporation and its hospital, infirmary or home, for the first year after its organi- zation. ‘At the expiration of said year, and annually thereafter, an election of members of the board of managers shall be had. Such election shall be by ballot and all members of the corporar tion shall be entitled to vote thereat. Only members of the corporation shall be eligible as members of such board. At the first election a full board shall be chosen. The persons there elected shall divide themselves by lot into three classes of three -members each. Those in the first class shall hold office for one year; those in the second class for two years, and those in the third class for three years. At each subsequent! annual election three members of the board shall be elected, who shall hold office for three years. Members of said board shall hold office until their successors are elected. The board of managers shall have power to fill all vacancies occurring in said board by death, resignation or any other cause, except expiration of term. Such elections to fill vacancies shall be made by ballot. A person elected to fill a vacancy shall serve only for the balance of the term in which the vacancy occurred, or until his successor is elected. _ [By § 29 of Gen. Corp. L. the directors are given the manage Ment of corporate affairs. Section 8 of revision authorizes the 246 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1889, ch. 95; R. S., Sth ed. [Supp.], 3354.) adoption of by-laws regulating elections, eligibility of members, classification of directors, filling of vacancies, etc.] § 7. The board of managers shall annually elect from their own number a president, a vice-president, secretary and treasurer, who shall hold office respectively for one year or until their suc- cessors are elected. The said board shall also appoint such subordinate officers, physicians, surgeons, NUISes, assistants and servants of such institution, as in their judgment its needs demand; and shall fix the compensation of such subordinates, define their duties, and shall have power to remove th®m or any one of them in the discretion of said board. The board of man- agers may also create an executive committee consisting of as many members of the board as they may deem advisable, and may delegate to such executive committee such powers of control and management of the home, hospital, dispensary or infirmary as they deem proper; such powers, however, to be distinctly specified in the by-laws. A majority of said board of managers shall con- stitute a quorum for the transaction of business except the sale or alienation of any of the real or personal estate of said cor- poration, or the leasing of any such real estate for a term longer than one year, for which purposes, or any of them the consent of three-fourths of all the members of said board shall be necessary. [By section 8 of revision, the by-laws are to provide for elec- tion of officers, etc. This section authorized board to sell, ete. real property on consent of three-fourths of the members. Py § 13 of revision this can be done on order of the court, with the concurring vote of two-thirds of the directors. Gen. Corpora- tion L., § 29, fixes a majority of the directors as a quorum. } § 8. The board of managers shall make by-laws for the conduct of the affairs of the corporation. No alteration or amendment of the by-laws, nor an addition thereto, shall be made except by majority vote of the board of managers at a meeting of said board, nor unless a written notice of an intention to propose such alteration, amendment or addition at a meeting of such board to be held at a time and place mentioned in such notice has been served personally upon each member of said board at least three days prior to the time mentioned in such notice for the holding of such meeting. The vote upon all questions of change, amend- ment or addition to the by-laws shall be taken by calling the roll of said board, and upon such vote the ayes and nays shall be: recorded in the minutes. The by-laws shall define the duties of the various officers, appointees and servants of the corporation, and of the executive committee of the board of managers. The LAWS REPEALED BY MEM. CORP. LAW. 247 (Laws 1889, ch. 95; R. S&S, 8th ed. [Supp.], 3355.) by-laws may specify what classes and descriptions of persons shall or may receive treatment, advice, care and maintenance from said hospital, infirmary, dispensary or home. The by-laws shall fix the dates of the annual and other elections of officers, and shall prescribe the method by which persons may be admitted to membership of the corporation, and the terms and conditions of such membership not inconsistent with the statutes of this state. , [By § 8 of revision and § 11 of Gen. Corp. L. the membens instead of the directors are authorized to make by-laws, covering the subjects specified in this section. Subject, however, to the by-laws adopted by the corporation, the directors may make the necessary by-laws therefor.] § 9. No member of the board of managers shall receive, directly or indirectly, any compensation for his services as such member, nor for his services as president, vice-president, secretary or treas- urer in case he be elected to either of such offices, nor shall any member of said board be interested, directly or indirectly, in any contract relating to the hospital, home, dispensary, infirmary or other institution maintained by said corporation, nor in any con- tract for the furnishing of supplies thereto. [See note to § 12 of revision. § 10. The legislature may at any time regulate any corporation formed under this act, or modify its powers, or annul its charter and dissolve such corporation. § 11. This act shall take effect immediately. (L. 1889, ch. 301 amends L. 1865, ch. 368) (L. 1890, ch. 27 amends L. 1873, ch. 397.) (L. 1890, ch. 68 amends L. 1875, ch. 267.) (L. 1890, ch. 104 amends L. 1887, ch. 501.) (L. 1890, ch. 118; R. S. 8th ed. Supp. 3413.) Section 1. Any number of persons, not less than twenty-five, of full age, citizens of the l/nited States and the state of New York, who shall be honorably discharged soldiers or sailors of the _ Urion army or navy or lineal male descendants of such soldiers or sailors, who shall desire to associate themselves together for social, literary, patriotic, charitable and historical purposes, may make, sign and acknowledge before any person authorized to take the acknowledgment of deeds in this state, and file in the office of the secretary of state and also in the office of the clerk of the county in which the business of such society is to be conducted, certificates in writing, in which shall be stated the name or title by which society shall be known in law, the particular objects 248 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1890, ch. 118; R. S., 8th ed. [Supp.], 3413) | and business of such society, the number of trustees or managers who shall conduct the same, and the names of fifteen trustees or managers, one-fifth of whom shall retire at the end of the first year, and one-fifth at the end of each successive year of the existence of such corporation; 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 such society is located and where its business is to be conducted, to be indorsed on such certificate. {The provision of § 1, specifying the qualifications of incor- porators, is not re-enacted, as it is covered by § 4 of the Gen. Corp. L. The provision prescribing before whom the certificate may be acknowledged, is not re-enacted, as it is covered by § 15 of the Stat. Const. L., and the provision relating to the filing of the eer- tificate is not re-enacted, as it is covered by § 5 of the -Gen. Corp. L. The remainder of the section is re-enacted in § 110 of revision, changed only so as to require the approval of any justice of the supreme court instead of requiring the written consent and apRpro- pation of one of the justices of the district in which such society is located. § 2. Upon filing a certificate as aforesaid, the persons who shall have signed such certificate, and their associates and successors, shall thereupon, by virtue of this act, be a body politic and cor- porate by the name stated in such certificate, and by that name they and their successors shall and may have succession and shall be persons in law capable of suing and being sued; and they may adopt and use a common seal, and may alter and change the same at pleasure; and they and their successors by their corporate name shall be capable in law of taking, receiving, purchasing and holding real estate for the purposes of this incorporation and for no other purpose, to an amount not exceeding the sum of one million dollars in value, and in addition thereto, all such cabinets, books, papers, paintings, flags, banners, statues, medals, relics, trophies, historical evidences and other personal estate as shall be necessary for maintaining the objects and carrying into effect the purposes of said corporation. And all sums over and above the necessary expenses and maintenance of such society and prop- erty, and to satisfy principal or interest upon any mortgages, loans or bonds, shall be reserved and held by said managers as a fund for purchase of memorials, preservation of relics and his: } torical evidences and trophies, and for charity to union veterans, their families or descendants, and they may make by-laws for the conduct of its affairs not inconsistent with the laws of this state LAWS REPEALED BY MEM. CORP. LAW. 249 (Laws 1890, ch. 118; R. S, 8th ed. [Supp.], 3414.) or the United States, and shall have power to elect and appoint the officers and agents of such society and allow them a suitable compensation. {The provisions of § 2 relating to the general powers of the corporation are not re-enacted, as they are covered by § 11 of the Gen. Corp. L. The amount of propert'y which such corpora- tions may hold is omitted because being non-stock corporations § 12 of the Gen. Corp. L. will apply. The remainder of such section relating to the reservation of certain moneys as a fund for purchase of memorials, etc., is re-enacted without change of substance in § 112 of revision.} § 3. The said real and personal estate, however invested, together with the property in said cabinets, books, papers, paint- ings, flags, banners, statues, medals, relics, trophies and historical evidences, shall ve divided into bonds of one hundred dollars each, which shall be deemed personal property and be transfer- able as such. Each subscriber shall be iable individually to the amount unpaid on the bonds held by him and no more, for all the debts and liabilities of such corporation. {Section 3 is re-enacted in § 111 of revision, modified so as to permit, but not require, a division of the property into shares. § 4. There shall be a board of fifteen trustees of every corpora- tion formed under this act to manage its affairs, and said trustees shall be chosen, by ballot, for terms of five years each; three to be chosen each successive year by a majority of votes of the bondholders voting at such election in such manner as may be prescribed by the by-laws, and they shall continue and be trustees until others are elected in their places. Vacancies shall be filled by the trustees as the by-laws shall provide. A failure to hold or make an election shall not dissolve said corporation, and the trustees, in such case, shall provide for a new election, which election the trustees shall cause to be duly made. The inspectors of the first election shall be chosen by the board of trustees named in the certificate. Subsequent inspectors shall be elected in the same manner and at the same time as the trustees. . [The provision relating to a failure to hold an election is not _ re-enacted, as it is covered by § 23 of the Gen Corp. L. Section - 110 of revision fixes the number of directors ai. fifteen. Section 8 of revision authorizes the adoption of by-laws regulating elec- tions, the filling of vacancies, etc.] - § 5. The annual meeting of said corporation for the choice of treasurer and other business, shall be held on the last Monday of 32 250 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1890, ch. 118; R. S, Sth ed. [Supp.], 3415) , January, in each year, or such other day as the corporation shall, in its by-laws, prescribe for that purpose, and special meetings thereof shall be called on the requisition of holders of one-tenth in amount of the bonds made in writing to the board of trustees, which requi- sition shall express the object of such meeting. The by-laws shall not be amended, altered or repealed, except at the annual meeting or special meeting duly called as prescribed therein, notice of which shall be given in all notices therefor. At every meeting of the corporation the owner in his own right of the bonds of the corporation, shall be privileged to cast one vote for every bond so held, provided the same be produced or evidence of such owner- ship be lodged with the trustees and entered on the books of the same. Bonds of the corporation shall be secured by mortgage and the interest payable thereon shall be at the rate per centum fixed in said instrument vf mortgage, but not to exceed six per cent. Authority to mortgage the property of the corporation shall be by resolution of the corporation at its annual meeting or a meeting specially called for that purpose as aforesaid. Second mortgage bonds may be prepared and furnished to subscribers and interest thereon in money not exceeding six per cent per annum may be paid by the vote of the trustees, annually, at the rate and amount earned and received by the corporation as shown by the statement at the annual meeting, to every owner and holder without distinction or difference, except as hereinafter provided. [The certificate of incorporation may fix the time of the annual meeting. It may then be changed pursuant to § 15 of revision. The by-laws (§ 8) may fix the rights of bondholders to vote. Real property can only be mortgaged or sold pursuant to § 18 of revision with the concurring vote of two-thirds of the directors, and on leave of the court.] § 6. No person shall hold and exercise the office of trustee unless he bea bondholder, holding bonds in his own right; and in addition thereto shall be either an honorably discharged soldier or sailor from the army or navy of the United States, or the lineal male descendant of such soldier or sailor of the United States of America or army of the associated colonies which established the United States, and only such persons shall vote for such trustees. The by-laws shall determine what evidence shall be required to establish the right to vote for trustees and eligibility thereto, and the inspectors shall enforce the same. The trustees shall appoint from their own number a president and other officers, but such officers shall not receive any salary or money compen- LAWS REPEALED BY MEM. CORP. LAW. 251 (Laws 1890, ch. 118; R. S., 8th ed. [Supp.], 3415.) sation therefor. They may also appoint such necessary agents and servants as the by-laws shall prescribe. FSection 10 of revision provides that the directors shall be elected from among the members, but by-laws adopted pursuant to § 8 may prescribe additional qualifications, The by-laws may also regulate the qualification of voters, the manner of conduct- ing elections, and the manner of choosing officers.] § 7. The estate, property and funds of said corporation shall be owned, held for and devoted solely to the patriotic, historical and charitable uses and purposes and objects of union veterans, honorably discharged from the army or navy of the United States of America, and the descendants of such union veterans of the United States and the colonies which formed the same, and while so owned, held and devoted, shall be free from all taxation by the laws of this state. {Omitted as unnecessary, being fully covered by L. 1893, ch. 498.9 § 8. Every corporation formed under this act shall have power, from time to time, to borrow such sums of money as shall be necessary to construct, complete, operate or extend its building, library, museum, gallery, or the furniture and appurtenances thereof, and to issue its bonds for any amount so borrowed, and to mortgage its corporate property to secure the payment of any debt contracted by the corporation for the purposes aforesaid. fOmitted. Under § 13 of revision the corporation can mort- gage its property with the concurring vote of two-thirds of its directors, and on leave of the court. § 9. All corporations formed under this act, together with its books and vouchers, shall be subject to the visitation and inspec- tion of the justices of the supreme court, or by any person or per- sons who shall be appointed by the supreme court for that pur- pose; and it shall be the duty of the trustees or a majority of them, in the month of December of each year, to make and file in the county clerk’s office where the original certificate is filed, a certificate under their hands stating the names of the trustees _ and officers, an inventory of the property, effects and liabilities, with an affidavit of the correctness of the same and that the cor- poration has not ‘been engaged directly or indirectly in any other _ business than such as is set forth in its certificate of incorporation. {The corporation is subject to visitation of supreme court under § 16 of revision. The provision requiring filing of annual - inventory is omitted, but by § 11 the directors are required 252 LAWS REPEALED BY MEM. CORP. LAW. i (Laws 1890, ch. 118; R. S, Sth ed. [Supp], 3445)’ to make an annual report to the corporation; and the filing of an inventory may be required by the court where mismanagement is shown, under § 16 of revision.] . = “S- nee at § 10. Every corporation formed under this act shall have the powers and be subject to the restrictions contained in the revised statute. , § 11. This act shall in all courts and places be construed benignly and favorably for any benefit and purpose therein intended; and notwithstanding any misnomer or misdescription of said corporation in any will, deed, gift, grant, demise or other instrument of contract or conveyance to or for its use, the same shall take effect in like manner as if said corporation were rightly named, provided it be sufficiently described to ascertain the intent of the parties. ‘ § 12. This act shall take effect immediately. [Sections 10-11 are not re-enacted. (L. 1890, ch. 229 amends L. 1847, ch. 183) (L. 1890, chap. 425; R. S, 8th ed. [Supp], 3455: Section 1. Any corporation which has been heretofore or which shall be hereafter organized under chapter three hundred and nineteen of the laws of eighteen hundred and forty-eight, entitled “An act for the incorporation of benevolest, charitable, scientific and missionary societies,” or under the said act as amended, may from time to time extend its business and objects to any business or objects authorized by the provisions of said chapter three hun- dred and nineteen of the law of eighteen hundred and forty-eight as amended, although said business and objects are not specified in its certificate of incorporation as originally filed, on obtaining the consent to such extension of not less than two-thirds of the trustees, directors or managers of such corporation, and also the consent of such corporation if it shall consist of other persons than said trustees, directors or managers, such consent to be obtained, and such extension effected, in the following manner: Not less than two thirds in number of the trustees, directors or managers of such corporation, as fixed by its original certificate of incorporation or by any certificate duly executed, approved and filed increasing or decreasing the same, may sign and acknowledge in the same manner as the original certifi- cate of incorporation is required to be signed and acknowl- edged, a certificate in writing stating the particular business LAWS REPEALED BY MEM. CORP. LAW. ' 253 mn (Laws 1890, ch. 425; R. S, 8th ed. [Supp.j, 3455.) and objects of said corporation as extended to which certifi- cate there shall be attached, if said corporation is composed of other persons than said trustees, directors or managers, a certified copy of a resolution of said corporation, adopted by a two-thirds vote of the members thereof present and voting at a meeting of said corporation regularly called and held pursuant to its constitution, by-laws or rules, and at which a quorum was present, to the effect that the business and objects of said corpora- tion be extended as provided in such certificate, which resolution and the facts as to its adoption as herein required shall be certi- fied by the president and secretary of said meeting, and which said certificate of extension and resolution so certified, after the same and the business and objects therein specified have been con- sented to and approved by a justice of the supreme court of the district in which said corporation is located, said consent and approval to be indorsed thereon, shall be filed in the office of the secretary of state, and in the office of the clerk of the county in which the original certificate of incorporation is filed; and on and after the filing of said certificate and resolution such corporation shall be authorized to engage in, conduct, prosecute and promote the business and objects specified in the certificate so made and file the same as if such business and objects were specified in the original certificate of incorporation and said original certificate shall-be deemed amended accordingly; provided, however, that the provisions of this act shall not apply to any corporation organized for the purpose of carrying on the business of insurance of any kind upon any plan, and that nothing herein contained shall authorize any corporation organized for other purposes than carrying on the business of insurance to extend its business or objects to the carrying on of the business of insurance of any kind upon any plan, and that nothing herein contained shall authorize any corporation to extend its business to the conducting and carrying on of any literary or scientific college or university with- out the approval of the regents of the university of the state of New York, as required by chapter three hundred and sixty-seven of the laws of eighteen hundred and eighty-two, and that nothing herein contained shall authorize any corporation to extend its pusiness or objects to the care or dtspesal of orphans, paupers or destitute children except with the approval of the state board of charities, as required by chapter four hundred and forty-six of the laws of eighteen hundred and eighty-three. [See note to § 4 of revision.] (L. 1891, ch. 10 amends L. 1855, ch. 425.) 254 LAWS REPEALED BY MEM. CORP, LAW, | f (L. 1891, ch. 167; RB. S., Sth ed. [Supp], 3499) Section 1. Any twenty or more women being citizens and resi: dents of this state and being desirous of associating themselves for the improvement of the spiritual, mental, moral and physical condition of young women by meetings for public worship, by academical instructions, by the maintenance of a public library and reading room, and hy such other means not inconsistent with the objects of the association as its executive board may devise, may make, and sign and acknowledge before an officer authorized to take acknowledgments of deeds in this state, and with the written ‘consent and approval of one of the justices of the supreme court, file in the office of the secretary of state, and in the office of the clerk of the county in which such society is to have its principal office, a certificate in writing in which shall be stated the corporate name of said association, the objects for which the association shall be formed, the place wherein its principal office shall be located, and its business carried on, the number of its directors or managers, and the names of those who shall be such managers or directors for the first year of its existence. {.Re-enacted in § 90 of revision without change of substance. § 2. Upon filing such certificate, the persons who shall have signed and acknowledged the same and their associates and suc- cessors shall thereupon, by virtue of this act, become a body politic and corporate by the name designated in said certificate, and by that name, they and their successors shall and may have succession and be capable of suing and being sued, and they and their successors may have and use a common seal and may alter and change the same at pleasure, and by such corporate name, shall be capable of taking, receiving, purchasing and hold- ing, by gift, grant, devise or otherwise, and of conveying, sell- ing, leasing, mortgaging and pledging, or otherwise disposing of, any real estate or any personal property, or any part or parcel thereof, or any interest therein, for the purposes of their asso- ciation, and shall have power to make a constitution and by-laws for the management of the affairs of such association not incon- sistent with the constitution and laws of this state, and to alter and amend the same under such rules as may be provided therein, and to elect and appoint the other officers and agents thereof and to provide for the salaries and compensation of the same. [The provision that on filing certificate, the corporation is formed is in § 90 of revision. The general powers of the corpora- tion are in Gen. Corp. L, § 11. The power to make by-laws is — in § 8 of revision.] LAWS REPEALED BY MEM. CORP. LAW. 255 (Laws 1891, ch. 167; R. S, 8th ed. [Supp.], 3500.) § 3. The corporate powers of the said association, except as herein otherwise provided, shall be vested in an executive board or board of directors or managers, all of whom shall be active mem- bers of the association. {Section 29 of Gen. Corp. L. provides that the directors shall have the management of corporate affairs. Section 10 of revision provides that the directors shall be elected from among the members. ] § 4, Any young women’s christian association heretofore organ- ized under any law of this state, for all or any of the objects speci- fied in this act, and now existing, may accept the provisions of this act by a majority vote of its executive board or board of directors or managers and of its active members, respectively, at any meeting called for the purpose; and upon filing in the office of the county clerk of the county in which is located the principal place of business of said association and in the office of the secre- tary of state, a certificate of such action duly acknowledged by the president and secretary of the association, said association shall thenceforth be an incorporation under and with all the powers and privileges of this act, and the property of said there- tofore existing association shall be vested therein; and the per- sons constituting the executive board or the board of directors or managers and the officers of such prior organization shall con- stitute the first executive board or board of directors or man- agers, and the officers of the association thereby created, and the term of office of the several members of the executive board or board of directors or managers and of the officers shall continue until the expiration of the several periods for which they were respectively elected. Thereafter the executive board or board of directors or managers and officers shall be elected in such numbers and for such functions and periods and all vacancies shall be filled in such manner as shall be provided for in the constitution or by-laws of said association. By § 6 of revision, corporations organized under special laws may reorganize under the Membership Corporations Law. See note to § 6.93 § 5. The active members of any association created under or taking advantage of the privileges of this act may make and adopt such constitution as they may deem desirable, and may alter or amend the same under such rules as shall be prescribed therein, provided that such constitution shall be consistent with the pro- visions of this act and with the laws of the state of New York. 256 LAWS REPEALED BY MEM. CORP. LAW. ‘(Laws 1891, ch. 167; R. S., Sth ed. [Supp.], 3500.) The constitution and by-laws of any association accepting the provisions of this act, as in section four provided, shall continue to be the constitution and by-laws of said association until altered, amended or repealed in accordance with the same, sub- ject, however, in all respects to the provisions of this act. [Section 8 of revision authorizes adoption of by-laws. ‘The pro- vision that the constitution and by-laws of the incorporated society become the constitution and by-laws of the corporation until altered or amended, is omitted.J § 6. The real estate of such association and all permanent funds acquired by it by gift, devise, bequest or otherwise, and accepted by the association for permanent investment, shall be managed and controlled by a board of trustees, not less than five in number, which number shall be determined by the constitution or by-laws of said association, and who shall, in the first instance, be elected by the executive board er board of directors or man- agers thereof, and who shall have power to adopt appropriate by-laws for their organization and transaction of business. There- after whenever a vacancy shall occur in said board of trustees the same shall be filled by a majority vote of the trustees remain- ing, from one or more nominations made to said board, by the executive board or board of directors or managers of said associa- tion. The said board of trustees shall securely invest and keep invested, in the name of said association, all funds which come under their control, and shall collect and receive the income from the same and the rentals from the real estate of said association, and shall sacredly devote the property of the association, of which they have the management and control, and the net income and rentals thereof, exclusively to the purposes of said association; and shall pay over to the treasurer of the association said net income and rentals so long as the same shall be devoted to the objects of the association and no longer. No conveyance, sale, lease for more than one year, mortgage, or other disposition of the real estate of said association, or of any part or parcel thereof or of any interest therein, shall be valid without a majority vote of the executive board or board of directors or managers of said association and of the board of trustees, respectively, at a meeting of each of said boards regularly called by a written notice, stating the object of said meeting and duly mailed or personally deliv- ered to each member thereof at least three days before said meet- ing, nor without the written consent of three-fourths of all the members of said board of trustees. [Section 90 of revision fixes the number of trustees at six, and § 91 gives to the trustees, instead of the directors, the control of \ LAWS REPEALED BY MEM. CORP. LAW. 257 (Laws 1891, ch. 167; R. S, 8th ed. [Supp.], 3501) ' the real property. The number of directors is fixed by § 90 at not less than three nor more than thirty. Under § 8 of revision, directors are elected and vacancies filled as provided by the by-laws. Under §§ 11 and 91 of revision, the real property of the corpora- tion can only be sold, ete., by order of the court, with the con- curring consent of two-thirds of the trustees.] § 7. The said association shall possess the general powers, and be subject to the general restrictions and liabilities prescribed in chapter eighteen, part one, title three of the revised statutes, {Section 11 of Gen. Corp. L., prescribing general powers of vor- porations, applies to membership corporations.] (L. 1891, Chap. 215; R. S., 8th ed. [Supp.], 3504.) Section 1. Five or more persons of full age, citizens of the United States and a majority of them residents of this state, may become a corporation for the purposes of investigating, ascer- taining and keeping a record of the pedigrees of any kind of domestic animals, and of instituting, maintaining, controlling and publishing a stud book, herd book or book of registry of such kind of domestic animals, in the United States of America and Canada, and of promoting and holding exhibitions of such animals, and generally for the purposes of improving the breed thereof; by making, acknowledging and filing a written certificate, stating the name by which the corporation shall be known, its particular objects and purposes, which shall be one or more of the purposes hereinbefore specified, the number of directors not less* three nor more than twenty-one who shall manage its affairs, the time when the first annual meeting of the members of the corporation shall be held, the names and places of residence of the directors who shall manage its affairs util such first annual meeting and the - town, village or city in which its principal office is or is to be located. Upon filing such certificate in the office of the secretary of state and a certified copy thereof, with the certificates of record thereof, in the office of the clerk of the county in which _ such principal office is or is to be located, the persons signing such certificates, their associates and successors shall become a cor- poration for the purposes in such certificates specified. [Sections 30 and 381 of revision fix number of dfrectors at not less than three nor more than thirty.] ne eS + aa -_ § 2. Such corporation may by its by-laws not inconsistent with law, define the terms and qualifications upon which entries shall be made in such book of registry, stud book or herd book, and of controlling, passing upon and admitting or rejecting all appli- * So in the orginal. 258 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1891, ch. 213; R. 8, 8th ed. [Supp], 3504) cations for the making of entries therein, for the admission, sus pension and expulsion of members, for the number and election of its officers and the defining of their duties, the time and place for the election thereof, and the manner in which any vacancy in any office of the corporation shall be filled, and generally for carrying out its corporate purposes. Such corporation may, from time to time, alter, modify or change such by-laws, but not so as to be inconsistent with law. [By-laws regulating these subjects may be adopted pursuant to Gen. Corp. L., § 11, or § 8 of revision.] (L. 1891, ch. 344; BR. S, Sth ed. [Supp], 3513.) e Section 1. It shall be lawful for the owner of any cemetery plot originally purchased from any cemetery association duly organ- ized under the general laws of the state of New York, to bargain, sell, transfer or dispose of said plot; provided, however, there is no interment in said plot bargained, sold or transferred, and said bargain, sale and transfer shall be subject to the approval of the president of said cemetery association, which manage the grounds in which the said plot be situate. § 2, The secretary of said cemetery association shall file and record on the books belonging to said cemetery association the deed of transfer of said cemetery plot when said deed of trans- fer shall have been presented and approved as provided in fore- going section, on payment of a fee of twenty-five cents for service in filing and recording said deed of transfer. § 3. Any act or parts of an act inconsistent with this act is hereby repealed. § 4, This act shall take effect immediately. [Section 1 is re-enacted without change of substance In § 49° of revision. Section 2 is not re-enacted.] | (L. 1891, ch. 382 amends 1. 1847, ch. 188) | (L. 1892, ch. 197; R. S, Sth ed. [Supp], 3521) Section 1. The members of any benevolent, charitable, or hos- pital corporation may, at any annual or adjourned annual meet- ing, or at any special meeting duly called for that purpose wi notice of such purpose, reduce the number of directors to no less than three, or increase the number to not more than thirty, by a vote of a majority of the members present at such meetin and the existing directors, or a majority of them, shall make an sien a certificate in duplicate of such reduction or increase an file the same in the offices where the certificates of incorporatio << LAWS REPEALED BY MEM. CORP. LAW. 259 (Laws 1892, ch. 197; R. S, 8th ed. [Supp.], 3521.) were filed; and from and after such filing the number of direc- tors shall be the number stated in such certificate. In case of a reduction all the existing directors shall serve until their term sifill have expired, and there shall be no election of directors until by expiration of term the number of existing directors shall be less than the number specified in the certificate. In case of the increase of the number of directors, the places of the addi- tional directors provided for shall be deemed vacant and shall be filled as vacancies in the office of a director may be filled. (As am. by L. 1893, ch. 180.) [te-enacted in § 14 of revision without change in substance.} (L. 1892, ch. 291 amends L. 1888, ch. 490.) (LZ. 1892, ch. 333; R. S. 8th ed. [Supp.], 3532.) Section 1. Whenever there shall be a vacancy in the office of trustee of any corporation organized by or under the laws of this state for charitable or benevolent purposes, and if the same shall not be filled within six months after it shall have occurred either for want of a by-law, or other provision for filling the same, or because by reason of the absence, illness or other inability to act of one or more of {he’remaining trustees a quorum of the board of trustees can not be obtained, then it shaH be lawful for the remain- ing trustees of said corporation, or a majority of them, to appoint in writing a citizen of this state, to fiJl such vacancy and such appointment when duly approved by a judge of the supreme court, and fited in the office of the clerk of the county in which said cor- poration is located, shall constitute such person a trustee of said corporation, subject to its constitution and by-laws. f{-Re-enacted in § 10 of revision, but the appointment of “a citizen,” is changed to the appointment of a member of the cor- poration. See note to that section. § 2. This act shall take effect immediately. (L. 1892, ch. 498; KR. 8., Sth ed. [Supp.], 5603.) Section 1. It shall be legal for any cemetery association here- tofore or hereafter formed uader and in pursuance of the act, entitled “An act authorizing the incorporation of rural cemetery ? associations,” passed April twenty-seventh, eighteen hundred and forty-seven, and the acts amending the same, to take, hold and _ convey for the convenient transaction of the general business of the corporation, real estate of the value of two hundred thousand dollars, within the county where their cemetery lands are situated, and in an adjoining county, adjacent thereto, provided, however, 260 LAWS REPEALED BY MEM. CORP. LAW. (Laws 1892, ch. 498; R. 8. 8th ed. [Supp.], 3603.) that no portion of said real estate shall be used or occupied for the burial or other disposal in vaults or mausoleums of the dead. And, provided, further, that such real estate shall not be ea from public taxes, rates and assessments. § 2. This act shall take effect immediately, [This chapter is re-enacted, without change of substance, in § 45 of revision. (L. 1892, ch. 597 amends L. 1875, ch. 267.) (L. 1893, ch. 34 amends L, 1847, ch. 133.) (L. 1898, ch. 180 amends L. 1892, ch. 197.) (L. 1893, ch. 465 amends L. 1875, ch. 267.) (L. 1893, ch. 602 amends L. 1859, ch. 36.) (Laws 1894, ch. 709.) Section 1. Whenever the number of incorporators of any cor- poration organized by or under the laws of this state for char- itable or benevolent purposes, shall, from any cause be reduced below the number of original members as provided by the law creating any such corporation, or provided in its articles of incorporation, if organized under the general laws, and if there is no authority of law for filling vacancies, it shall be lawful for the directors of any such corporation, or a majority of them, to appoint in writing as many persons as incorporators as shall be necessary to make up the number of original incorporators, and such appointments when duly approved by a judge of the supreme court, and filed in the office of the clerk of the county in which said corporation is located, shall constitute such per- sons incorporators of said corporation. [Omitted as unnecessary. The by-laws can provide fully in penatid to the admission of members.] (Laws 1897, ch. 709.) Section 1. It shall be lawful for any ‘cemetery association, duly incorporated — under the act authorizing the incorporation of rural cemetery associations, to dis- pose of its land from which all bodies have been removed with the consent of the former owners of the lots in which such bodies had been interred, upon proving to the satisfaction of the supreme court of the district where its land is located, that all bodies have been removed from said lots with the consent of the former owners thereof, and properly and decently interred in some other cemetery; that all said lots and parts of lots have been reconveyed to said cemetery association and are not used for burial purposes; that burials have been prohibited in said *’ cemetery; that all parties interested in said cemetery as trustees or creditors con- sent thereof, and that its debts and liabilities have been paid. The supreme court may, in its discretion, appoint a referee to take proof of the facts above stated. Upon being satisfied that such cemetery association has complied with the require ments above stated, the court may make an order authorizing it to sell and dispo of its said land. § 2. This act shall take effect immediately. EXPLANATORY NOTE TO RELIGIOUS CORPORATIONS LAW. [The following memorandum in explanation of the Religious Corporation Law is in the report of the commissioners of Statutory Revision.] This chapter is intended to be a substitute for all existing gen- eral laws for the creation and temporal administration of religi- ous corporations. The laws which it will supersede and repeal are mainly contained in the eighth edition of the Revised Stat- utes from pages 1881 to 1921, inclusive, except Laws 1883, chapter 257, at pages 1913-16, which is a special law and will be left untouched by the revision. Alj the provisions of the laws so repealed, retained in the revis- ion, are contained in the General Corporation Law, or in this chapter, except Laws 1853, chapter 323, 1835, chapter 90, section _ 9, relating to change of name of religious corporations, which is incorporated in section 2410 ff. of the Code of Civil Procedure. .The first general law of this State for the incorporation of churches was chapter 18 of the Laws of 1784, seventh session, and was applicable to all denominations. Certain features of the Dutch Reformed church did not harmonize with this law _ and a second general law was enacted, chapter 61, Laws of 1788, é eleventh session, applicable only to Dutch Reformed churches. _ For similar reasons a third general law, applicable only to by Protestant Episcopal churches, was enacted, chapter 25, Laws of ts 1795, eighteenth session. These three statutes were consolidated in chapter 79 of the revision of 1801, whieh was substantially , re-enacted as chapter 60 in the revision of 1815, which was not 262 | RELIGIOUS CORPORATIONS LAW. included in the Revised Statutes, and, as amended to date, is still “in force; Thc general law of 1795, for the incorporation of Episcopal ehurches, was made the basis of section 1 of the act of 1818, now consisting of eighteen subdivisions; the general law for the incor- poration of Dutch Reformed churches was made the basis of sec- tion 2 of the act of 1813; and the first general law of 1784, origin- ally applicable to all churches, was made the basis of section 3. Separate statutes have since been passed for the incorporation of Roman Catholic churches, Laws 1863, chapter 45; of Greek churches, Laws 1871, chapter 12; of Baptist and Gongropational churches, Laws 1873, chapter 633, repealed by chapter 50 of Laws 1890; of Baptist churches, Laws 1876, chapter 329, and many supplemental and amendatory statutes have been passed since 1813, some of which made special provisions for particular denominations. Many useful provisions of the present law, now applicable to incorporated churches only, aze extended by article 1 to all religious corporations. Throughout the revision the members of the church or congregation instead ofthe trustees are made the corporation. The provision of the present law, occurring in almost every act relating to the incor poration of churches, requir- ing the filing of an annual or triennial inventory and account, is omitted from the revision, and a judicial inquiry as to the amount of its property is substituted by section 138. The old provision was practically obsolete and rarely observed. So too all limita- tions on the amount of property which a religious corporation is — enabled to hold are omitted from the revision, as superseded by section 12 of the General Corporation Law, which greatly extends the powers of nonbusiness corporations in respect to the holding of property. _ Article 1 is applicable to all religious corporations. The mat- erial changes of substance in this article are as follows: The provision of the present law that the seats in churches which are originally established as free church corporations shall be forever free, is omitted from section 6 of revision. Section 7 of revision authorizes properly executed deeds of lots in the cemetery of a religious corporation to be recorded. RELIGIOUS CORPORATIONS LAW. 263 The present law makes the trustees of a common parsonage & corporation, while by § 9 of revision they are merely made the managing agents of the contributing corporations. Section 10, relating to the correction and confirmation of conveyances, enlarges materially the cases in which correc- tions can be made, and provides a scheme whereby a con- veyance incorrectly stating the name of a corporation is made presumptively valid. The provision of the present law, prohibiting the sale of “Gospel lots,’ is omitted from section 11 of revision, as obsolete. Section 12, providing for the consolidation of religious cor- porations, allows the new church to be a different denomina- tion than either church consolidating; but this is deemed sufficiently guarded by the provision that the governing body of each consolidating church shall consent to the consolida- tion. Section 16, providing for the incorporation of mission and Sunday school corporations, is new. | Article 2 of the revision contains the special provisions applicable to Episcopal churches. The article was prepared after consultation with an eminent authority of the church, and embodies, it is believed, the views of that denomination. Several changes are made in the present law, as appear from the notes to the sections of the articles. Article 3 of the revision centains the special provisions applicable to Roman Catholic and Greek churches. The pro- : vision of section 50, that during a vacancy in the office of . archbishop or bishop, the administrator of the diocese and _ his vicar and representative shall be trustees, is new. ‘Section 11 provides that the real property of a Roman _ Catholic church shall not be sold, mortgaged or leased without - the consent of the archbishop or bishop, or in case of their : absence or inability to act, of the vicar-general or administrator of the diocese. _ These changes were made on the request of the authorities / } of that dcnomination. 264 RELIGIOUS CORPORATIONS LAW. Article 4 contains the special provis: ms relating to Reformed Dutch, Reformed Presbyterian and Lutheran churches. The material change made by this article is in allowing churches of this class to incorporate, originally, either by the ex officio or elective method of choosing trustees. Article 5 contains the special provisions for the incorpora- tion and government of churches of other denominations. The material change is in the qualification of voters. Section 82 provides for a uniform qualification. It does not change sub- stantially the qualification of voters in Baptist churches. The qualification of voters for other churches, generally, has remained unchanged since Laws 1784, except for the amend- ment of 1867, chapter 656, striking out the word “male;” and by the present law is as follows: “Every person of full age who has statedly worshipped with such church, congregation or society, and has formerly been considered as belonging thereto.” The indefinite character of this statement was illustrated in Peo- ple ex rel. Sturgess v. Keese, 27 Hun, 484. The change pro- posed has the advantage of a uniform statement for all churches, and will tend to diminish doubted controversy. Article 6 contains the special provisions for the incorpora- tion of two or more churches as a union church, without material change. The appendix following this chapter of the proposed revision contains all the statutes proposed to be repealed hereby. Crosas references and notes explaining the principal changes in language, and all changes in substance, are appended to the several sections of the proposed revision and of the exist- ing statutes set out in the appendix. Ot THE RELIGIOUS CORPORATIONS LAW. LAWS OF 1895, CHAPTER 723, ‘AN ACT in relation to religious corporations, constituting -chiap- ter forty-two of the general laws. The People of the State of New York, represented in Senate and Assembly, do enact as follows : CHAPTER XLII OF THE GENERAL LAWS. ° The Religious Corporations Law. Article IL. Provisions applicable to religious corporations generally. (§§ 1-18) If. Special provisions for the incorporation and government of Protestant Episcopal parishes or churches. (§§ 30-36.) MY. Special provisions for the incorporation and gov- ernment of Roman Catholic and Greek churches. (§§ 50-51.) IV. Special provisions for the incorporation and gov- ernment of Reformed Dutch, Presbyterian, Re- formed Presbyterian and Evangelical Lutheran churches. (§§ 60-66.) V. Special provisions for the incorporation and gov- ernment of Baptist churches. (§§ 67-77.) VI. Special provisions for the incorporation and government of Congregational and Independ- ent churches. VII. Special provisions for the incorporation and government of churches of other denomina- tions. (§§ 83-93.) VIII. Special provisions for the incorporation and government of two or more unincorporated churches as a union church. (§§ 100-101.) IX. Laws repealed: when to take effect. (§§ 110-111.) 266, _ BELIGIOUS CORPORATIONS LAW. © ARTICLE FE. : “Provisions Applicable to Religious Corporations Generally. Seetion 1, Short title. :2. Definitions. 'g, Filing and recording certificates of incorporation of religious corporations. & Property of unincorporated society transferred by its incorporation. B; General powers and duties of trustees of religious corporations. B ‘Acquisition of property by religious corporations for branch institutions; management thereof. %, Acquisition of ‘property by religious corporations for cemetery purposes; management thereof. @ Removal of human remains from one cemetery of & religious corporation ta another cemetery owned by it. @ ‘Acquisition of property by two or more religious cor- _ porations for a common parsonage. 40. Correction and confirmation of conveyances to religious corporations. $4, Sale, mortgage and lease of real property of religious corporations. 12. Consolidation of incorporated churches. 18. Judicial investigation of amount of property of religious corporations. 14. Corporations with governing authority over churches. 18. Property of extinct churches. 16. Corporations for organizing and maintaining mis sion churches and Sunday schools. 1%. Corporations for acquiring parsonages for presiding elders and camp-meeting grounds. 18 Application of this chapter to churehes created by. special laws. 19. Application, ete. 20. Calling of a minister, etc. 21. Worship. 22. RELIGIOUS CORPORATIONS LAW. 267 Section 1. Short title — This chapter shall be known as the religious corporations law. [A religious corporation organized under or subject to the provisions of this chapter to determine its powers and duties must refer, first, to the general corporation law, which is applicable to all corporations; second, to article I of this chapter, which is applicable to all religious corporations; and third, to the article of this chapter containing the previsions specially applicable to the class of religious bodies to which the corporation belongs. If the provisions of this chapter conflict with any provision of the general corporation law, the provisions of this chapter must prevail. Gen. Corp. L., § 33. : For a review of early legislation affecting religious societies, see note of revisers immediately preceding this chapter.] § 2. Definitions.—A religious corporation is a corporation cre- ated for religious purpeses. ‘An incorporated church is a religious corporation created to enable its members to meet for divine worship or other religious observances. An unincorporated church is a congregation, society, or other assemblage of persons who are accustomed to statedly meet for divine worship or other religious observances, without having been incorporated for that purpose. The term minister, includes a clergyman, pastor, rector, priest, - rabbi, or other person having authority from, or in accordance 2 z a Ss ee with, the rules and regulations of the governing ecclesiastical body of the denomination or order, if any, to which the church belongs, or otherwise from the church, to preside over and direct the spiritual affairs of the church. [This section is new. Nature of the corporation. —A religious corporation possesses no powers not conferred by statute. People v. Hurlbert, 46 N. Y. 110. They are not ecclesiastical corporations in the sense of the English law, but are to be regarded as private civil corporations, governed by the ordinary rules of the common law, not subject to the visitorial juris- diction of a court of equity, except as such power is conferred by the statute. Robertson y. Bullions, 11 N. Y. 243; Watkins vy. Wilcox, 4 Hun, 220; Kinskern y. Lutheran Churches, 1 Sand. ch. 439. Three distinct classes or bodies are interested in the incorporation of a Christian church,—the church proper or spiritual body consisting of 268 RELIGIOUS CORPORATIONS LAW. its office-bearers and other communicants, the congregation or electors, and, the directors or trustees. Lawyer vy. Cipperly, 7 Paige, 281. | Jurisdiction of legal tribunals.— The legal tribunals of the state haye no jurisdiction over the chureh or spiritual body as such, the tenets of its creed or the forms and discipline of its polity; and, in relation to these matters, a decision of the ecclesiastical judicatories where they have jnrisdiction according to the canons of the church, is not review- able by the civil courts. Baptist Church in Hartford v. Witherell, 3 Paige, 296; Connitt v. The Reformed, ete., Church, 54 N. Y. 551, 563. Thus a court will not inquire whether a bishop is acting discreetly in removing a minister, but merely whether the bishop has power to act. The only ground upon which a court can question the action of the bishop is that removal may affect the civil rights of the minister. Walker y. Wainwright, 16 Barb. 486. . the decision of the ecclesiastical judicatories as to their own juris- diction in ecclesiastical matter, should receive great weight in civil courts. Where such tribunals haye jurisdiction, civil courts can not inquire whether they proceeded according to the laws and usages of their church, or whether they have decided correctly. Connitt v. The Reformed, ete., Church, 54 N. Y. bb. Matters of faith are wholly within the jurisdiction of the church authorities. Baptist Church in Hartford v. Witherell, 8 Paige, 296. Who nad Pe ee The only material change is allowing deeds of cemetery lots, when sealed and acknowledged, to be recorded in county clerk’s office.] § 8. Removal of human remains from one cemetery of a religious corporation to another cemetery owned by it.—A ‘religious corporation, notwithstanding the restrictions contained im any conveyance or devise to it, may remove the human remains buried in a cemetery owned by it, to another cemetery owned by it, if the trustees thereof so determine, and if either three-fourths of the members of such corporation, qualified to _ yote at its corporate meetings, sign and acknowledge and cause to be recorded in the office of the clerk of the county in which such cemetery or a part thereof is situated, a written consent thereto, or if three-fourths of the members of such corporation qualified to vote, and present and voting, at a corporate meeting of such corporation, specially called for that purpose, shall approve thereof. But if such corporation be a church, previous notice of the object of such meeting shall be published for at least four successive weeks in a newspaper of the tawn, village or city in which the cemetery from which the removal is pro- _ posed, is situated, or if no newspaper is published therein, then in a newspaper designated by the county judge of such county. Such removal shall be made in an appropriate manner and in accordance with such directions as to the manner thereof as ° may be given by the board of health of the town, village or city in which the cemetery from which the removal is made, is situ- ani 234 RELIGIOUS CORPORATIONS LAW. ated. All.tombstones, monuments or other erections at or upon any grave from which any remains are removed, shall be properly, replaced or raised at the grave where the remains are reinterred. [See form, No. 23. I. 1842, ch. 215, § 2; R. S., 8th ed., 1895. L. 1878, ch. 349, §§ 1-4; R. S., 8th ed., 1895, Without material change in substance.] § 9, Acquisition of property by two or more religious corpo- rations for a common parsonage.— Two or more religious corpo- rations may acquire such real property as may be necessary for use as a parsonage, and the right, title and interest of each corporation therein shall be in proportion to its contribution to the cost of such property. The trustees of each corporation shall, from time to time, appoint one of their number to be a trustee of such common parsonage property, to hold office during the pleasure of the appointing trustees or until his successor be appointed. The trustees so appointed shall have the care and management of such property and may make such improvements thereupon as they deem necessary, and determine the proportion of the expense of the maintenance thereof which each corpora- tion shall bear. If at any time either of such corporations acquires or desires to acquire for its own exclusive use as a par sonage other real property, it may, in pursuance of the provisions of law, relating to the disposition of real property by religious corporations, sell and convey its interest in such common par- sonage property to any one or more of the other corporations haying an interest therein. [L. 1875, ch. 408, §§ 1-9; R. S., 8th ed., 1906. By present law, trustees of parsonage property are made an inde- pendent corporation, taking legal title to the property. This section, as to future cases, makes the contributing corporations tenants in common of the parsonage property, and the trustees appointed by the contribut- ing corporations managing agents thereof. The provision allowing @ corporation to withdraw and sell to the others is new. The method of selecting trustees is materially changed and much simplified.] § 10. Correction and confirmation of conveyances to religious corporations.— If, in a conveyance of real property, or in any RELIGIOUS CORPORATIONS LAW. 285 instrument intended to operate as such, heretofore or hereafter made to a religious corporation, its corporate name is not stated or is not correctly stated, but such conveyance or instrument indicates the intention of the grantor therein to convey such property to such corporation, and such corporation has entered into possession and occupation of such property, any officer of the corporation authorized so to do by its trustees may record in the office where such conveyance or instrument is recorded a state- ment, signed and acknowledged by him or proved, setting forth the date of such conveyance or instrument, the date of record and the number and page of the book of record thereof, the name of the grantor, a description of the property conyeyed or in- tended to be conveyed, the name of the grantee as expressed in such conveyance or instrument, the correct name of such cor- poration, the fact of authorization by the trustees of the corpora- tion, ta make and record such statement, and that the grantor in such conveyance or instrument intended thereby to convey such property to such corporation as the said officer verily be- lieves, with the reason for such belief. Such statement so signed and acknowledged or proved shall be recorded with the records of deeds in such office, and indexed as a deed from the grantee as named in such instrument or in such conveyance to such corpora- tion. The register or clerk, as the case may be, shall note the recording of such statement on the margin of the record of such conveyance, and for his services shall be entitled to receive the fees allowed for recording deeds. Such statement so recorded shall be presumptive evidence that such matters therein stated are true, and that such corporation was the grantee in the original instrument or conveyance. All conveyances heretofore made, or by any instrument intended to be made, to a religious corporation of real property appropriated to the use of such cor- poration, or entitled to be so appropriated, are hereby confirmed and declared valid and effectual, notwithstanding any defect in ‘the form of the conveyance or the description of the grantee therein, but this section shall not affect any suit or proceeding pending on the thirty-first day of January, eighteen hundred and |Seventy-one., ' Amended by chap. 336, L. 1896. In effect April 21, 1896. 236 RELIGIOUS CORPORATIONS LAW. L. 1871, ch. 12, § 1, sub. 5; R. S., Sth. ed, 1891, L. 1888, ch. 459, § 1; R. S., 8th ed., 1913. The first portion of the section as to the correction of conveyances, enJarges materially the cases in which the correction can be made. By the present law, ihe name of the grantee in the original conveyance must contain the principal words of the true corporate name, whereas this section of the revision allows the correction to be made if the conveyance is intended to be made to the corporation and no part of the corporate name appears therein, as well as when the corporate name is incorrectly stated. The contents of the statement are materially amplified chiefly by the requirement that it shall set forth the reasons for believing that the corporation was intended to be the grantee, put the effect of the statement is limited. The act of 1888, now provides that from the filing of the statement the true corporate name shall be deemed to have been expressed in the original conveyance. This section of the revision makes the statement presumptive evidence of the truth. of its contents. The last paragraph of this section as to the confirmation of convey- ances, extends to all churches the provisions of the acts of 1863 and 1871 which are now applicable only to Roman Catholic churches and Greek churches.] oh ie < § 11. Sale, mortgage and lease of real property of religious corporations.—A religious corporation shall not sell or mort- gage any of its real property without applying for and obtaining leave of the court therefor pursuant to the provisions of the code of civil procedure. The trustees of an incorporated Protestant Episcopal church shall not vote upon any resolution or proposi- — ticn for the sale, mortgage or lease of its real property, unless the | rector of such church, if it then has a rector, shall be present. The trustees of an incorporated Roman Catholic church shall not make application to the court for leave to mortgage, lease or sell any of its real property without the consent of the archbishop or bishop of the diocese to which such church belongs, or in case of their absence or inability to act, without the consent of the vicar-general or administrator of such diocese. The petition of the trustees of an incorporated Protestant Episcopal church or Roman Catholie church shall, in addition to the matters require by the code of civil procedure to be set forth therein, set fort that this section has also been complied with. But lots, plats RELIGIOUS CORPORATIONS LAW. 287 or burial permits in a cemetery owned by a religious corporation may be sold without applying for or obtaining leave of the court, No cemetery lands of a religious corporation shall be mortgaged while used for cemetery purposes. Amended by chap. 836, L. 1896, In effect April 21, 1896. [See form, No. 25. L. 1813, ch. 60, § 1, sub. 15, § 11; R. S., 8th, ed., 1882, 1888 L. 1890, ch. 424; R. S., Sth ed. (supp.), 3291. L. 1842, ch. 215, § 1; R. S., Sth ed., 1895. L. 1879, ch. 310, § 1;.R. S., Sth ed., 1947. ’ The special provision as to Roman Catholic churches is new, and is inserted at the request of the authorities of that church. The act of 1813 as originally enacted and also as amended by the act of 1890 pro- vided that the corporation shall make the application. This section of the revision, therefore, makes no change in that respect, end is in harmony with § 3391, sub. 5 of the Civil Code, as added by L. 1890, ch. 95, which act also provides in detail the procedure for obtainii g leave . of the court. The last clause of § 11 of the act of 1813, prohibiting the sale of “ sospel lots,” granted by the state, is omitted, as practically obyolete. There are no other material changes of substance. Power of alienation.—Under the English common law religivus cor- porations had the power to alienate their property . without restriction, but in the reign of Elizabeth several statutes were enacted, restraining the alienation of church property. These statutes became part of our common law, and, therefore, without statutory authority religious cor- porations have no power to sell their real property. M. Ave. Baptist Ch. v. Baptist Church in Olive St., 46 N. Y. 131; Bogardus vy. Trinity Church, 4 Paige, 178; De Ruyter y. St. Peter’s Church, 3 Barb. 119; BO. 8) N.X. 238. Power to mortgage.—It has been held that a religious corporation may make a mortgage without leave of the court. Manning vy. Moscow, etc., Society, 27 Barb. 52; South Bap. Soc. v. Clapp, 18 Barb. 35; that a mortgage was not a sale within the meaning of the statutes of Hlizabeth, and the decisions holding that statutory authority to sell was necessary. Compare Battell y. Torrey, 65 N. Y. 294, and Riggs v. | Parsell, 66 N. Y. 193. Prior to 1890, the supreme court was accustomed to grant te religious corporations authority to mortgage real property, on the theory that the mortgage was a conditional sale. In 1890, ch. 424, the power was | expressly granted to the court, and has been re-enacted in § 11. Matter of Church ef the Messiah (Sp. T.), 25 Abb. N. O. 354, and note. 288 RELIGIOUS CORPORATIONS LAW. While there may be doubt as to the necessity of the authority of the court, it will be much safer to secure it. Where application is made.— The “court” referred to in this section ig either the supreme court of the district or the county court of the county in which the real property or some part thereof is situated. (Code Civil Procedure, s§ 340 and 38391ff, in pursuance of which the proceedings are to be conducted.) See sections of code following annota- tions to this section. Who may make application.— There is a dictum of the court in the case of Wyatt vy. Benson, 23 Barb. 327, that an application for the sale, mortgage or lease of the real property can only be made by the authority of the corporation, in which the legal title is vested; but the later authorities hold that a majority of the trustees as the managing agents of the temporalities of the corporation can make the application, without a vote of a majority of the corporators. Matter of St. Ann’s Church (Sp, T.), 14 Abb. Pr. 424; The Madison Ave. Bap. Ch. v. Bap. Ch. in Oliver St., 46 N. Y. 131; In re’St. George’s M. E. Church, ‘21 WE. D. 81. Application to the court is not necessary for the sale of a church edifice which has been removed from its foundations and placed on rollers. The edifice then becomes persoral property. Beach y. Allen, 7 Hun, 441. The trustees of a religious society have the power to remove their house of worship from one lot to another or from one village to another ; without application to the court. Matter of the Second Baptist Society, 20 How. Pr. (Sp. T.) 324. : , A deed to the vendor of a right of way over lands purchased by the corporation is not a sale, requiring order of the court. Protestant Reformed, ete., Church v. Bogardus, 5 Hun, 304. Sale of pews.— A church corporation can not sell a pew absoluteiy without leave of the court. Matter of Reformed Chureh {in Saugerties, 16 Barb. 237. What constitutes sale.—There must be & valuable consideration inuring to the corporation as such. If the only consideration is a benefit to the individual incorporators, the court has no power to order the sale. Mad. Ave. Bap. Church v. Bap. Ch. in Oliver St., 46 N. Y. 131; Wheaton y. Gates, 18 N. Y. 395. F Conditional sa'e.—A condition in a deed of premises that if the seats of any church erected on the premises shall be “ rented or sold” — the premises shall revert to the grantors or her heirs, is not violated by a sale of the premises to an individual under order of the court, by a deed containing the same condition. Woodworth vy. Payne, 74 N. Y. 196. Order to direct disposition of proceeds.— Upon the sale of real prop- erty of a religious corporation by leave of the court, the property can not be distributed among the corporators, but must be applied as directed by the court. Matter of the Reformed Church in Saugerties, 16 Barb. 237. RELIGIOUS CORPORATIONS LAW. 289 An order of the court granting leave to mortgage, should direct the application of the proceeds. In re Ch, of the Messiah, 12 N. Y. Supp. 489. Effect of order on executory contracts.— A religious corporation has pewer to make an executory contract for the sale of real estate, subject to the action of the supreme court, and if such approval be obtained the contract will be binding without formal ratification. Bowen y. The Irish Presbyterian Congregation, etc., 6 Bos. 245. An executory contract for sale of land by a religious corporation, made before consent of court to the conveyance, is valid, and may be enforced after consent, even though it is not provided that the con- tract is made subject to obtaining consent. Such condition will be implied. Congregation Beth Elolim y. Central Presbyterian Ch, iCity Ct. Brooklyn), 10 Abb. Pr. (N. S.), 484. Effect of order as to validity of deed. An order of the court authoriz- ing the sale of the real property of religious corporations is not con- clusive as to the validity of the deed or the right to convey. Wardens, ete., of St. James’ y. Rector, ete., 45 Barb. 356. Arbitration.— A religious corporation not having the power to sell its real estate without the consent of the supreme court can not submit the question of sale to any other person. Wyatt ¥. Benson, 23 Brab. 327, Assignment.— Trustees of a religious corporation may make an assizn- ment of the corporate property for the benefit of corporate creditors, De Ruyter v. St. Peter’s Church, 3 N. Y. 238. Sale to another corporation.—:A sale may be ordered of the property of one religious corporation to another religious corporation, upon corn- sideration of the grantor assuming the incumbrances thereon and the floating debts of the grantor. Lynch v. Pfeiffer, 38 Hun, 601. Action to set aside sale.— A corporator can not in his own name bring an action to set aside a sale, where the only objection is that the pro- ceedings before the court were irregular. In such an action the core poration must be made by a party. Wakins v. Wilcox, 66 N. Y. 654.J Hf CODE OF CIVIL PROCEDURE. Ruvative to THH Satz or Corporate Rea PROPERTY. TITLE IL Proceedings for the Sale of Corporate Real Property. Section 8390. When proceedings pursuant to the provisions of this title to be taken. 3391. Proceedings to be instituted by presentation of petition; what to contain. 3392. Hearing of application. Notice; appointment of referee. 3393. Order; when application for, may be pele 3394. Insolvent corporation or association; notice to creditors. | 3395. Services of notices; how made 3396. Practice in cases not provided for. 3397. When act to take effect. § 3390. Whenever any corporation or joint-stock association is required by law to make application to the court for leave to mortgage, lease or sell its neal estate, the proceeding therefor shall be had pursuant to the provisions of this title. § 3391. The proceeding shall be instituted by the presentation to the supreme court of the district, or the county court of the county where the real property, or some part of it, is situated, by the corporation or association, applicant, of a geet setting forth the following facts: 1. The name of the corporation or association, and of its direct- ors, trustees or managers, and of its principal officers, and their places of residence. 2. The business of the corporation or association, or the object or purpose of its incorporation or formation, and a reference to the statute under which it was incorporated or formed. a ; RELIGIOUS CORPORATIONS LAW. 291 3. ‘Al description of the real property to be sold, mortgaged or leased, by metes and bounds, with reasonable certainty. 4, That the interests of the corporation or association will be promoted by the sale, mortgage or lease, of the real property specified, and a concise statement of the reasons therefor, 5. That such sale, mortgage or lease, has been authorized, by a vote of at least two-thirds of the directors, ttustees or managers of the corporation or association, at a meeting thereof, duly called and held, and a copy of the resolution granting such authority. 6. The market value of the remaining real property of the cor poration or association, and the cash value of its personal assets, and the total amount of its debt and liabilities, and how secured, if at all. 7. The application proposed tio be made of the moneys realized from such sale, mortgage or lease. 8. Where the consent of the shareholders, stockholders or mem- bers of the corporation or association, is required by law to be first obtained, a statement that such consent has been given, and a copy of the consent or a certified transcript of the record of the meeting at which it was given, shall be annexed to the petition. 9. A demand for leave to mortgage, lease or sell the real estate described. The petition shall be verified in the same manner as @ verified pleading in an action in a court of record, [See form, No. 26.] § 3392. Upon the presentation of the petition, the court may immediately proceed to hear the application, or it may, in its discretion, direct that notice of the application shall be given to any person interested therein, as a member, stockholder, officer or creditor of the corporation or association or otherwise, in which case the application shall be heard at the time and place specified in such notice, and the court may in any case appoint a referee to take the proofs and report the same to the court, with his opinion thereon. Pir eae | 292 “RELIGIOUS CORPORATIONS LAW. § 3393. Upon the hearing of the application, if it shall appear to the satisfaction of the court that the interest of the corpora tion or association will be promoted tbereby, an order may be granted authorizing it to sell, mortgage or lease the real prop- erty described in the petition, or any part thereof, for such sum, and upon such terms as the court may prescribe, and directing what disposition shall be made of the proceeds of such sale, mortgage or lease. Any person, whose interests may be affected py the proceedings, may appear upon the hearing and show cause why the application should not be granted, « {See form, No. 26.] § 3394. If the corporation or association is insolvent, or its property and assets are insufficient to fully liquidate its debts and liabilities, the application shall not be granted, unless all the creditors of the corporation have been served with a no tice of the time and place at which the application will be heard. § 3395. Service of notice, provided for in this title, may be made either personally, or, in case of absence, by leaving the same at the place of residence of the person to be served, with some person of mature age and discretion, at least eight days before the hearing ef the application, or by mailing the sume, duly enveloped and addressed and postage paid, at least sixteen days before such hearing. § 3396. In all applications made under this title, where the nicde or manner of conducting any or all of the proceedings thereon and not expressly provided for, the court before whom such application may be pending, shall have the power to make all necessary orders and give the proper directions to carry into effect the object and intent of this title, or of any act authorizing the sale of the corporate real property, and the practice in such cases shall conform, as near as may be, to the ordinary practive in such court. § 3397. This title shall take effect May first, eighteen hundred and ninety, and shall not affect any proceeding previously, commenced, RELIGIOUS CORPORATIONS LAW. 293 § 12. Consolidation of incorporated churches.— Two or more incorporated churches may enter into an agreement, under their respective corporate seals, for the consolidation of such corpora- tions, setting forth the name of the proposed new corporation, the denomination, if any, to which it is to belong, and if the churches of such denomination have more than one method of choosing trustees, by which of such methods the trustees are to be chosen, the number of such trustees, the names of the persons to be the first trustees of the new corporation, and the date of its first annual corporate meeting. Such agreement shall not be valid _ unless approved by the governing body of the denomination, if any, to which each church belongs, having jurisdiction over such church. Each corporation shall thereupon make a _ separate petition to the supreme court for an order consolidating the cor- poration, setting forth the denomination, if any, to which the ehurch belongs, that the consent of the governing body to the con- solidation, if any, of that denomination having jurisdiction over such church has been obtained, the agreement therefor, and a statement of all the property and liabilities and the amount and sources of the annual income of such petitioning organization. In its discretion the court may direct that notice of the hearing of such petition be given to the parties interested therein in such manner and for such time as it may prescribe. After hearing all the parties interested, present and desiring to be heard, the court may make an order for the consolidation of the corporations on the terms of such agreement and such other terms and conditions as it may prescribe, specifying the name of such new corporation and the first trustees thereof, and the method by which their suc- cessors shall be chosen and the date of its first annual corporate meeting. When such order is made and duly entered, the persons constituting such corporations shall become an incorporated church by, and said petitioning churches shall become consoli- dated under, the name designated in the order, and the trustees therein named shall be the first trustees thereof, and the future trustees thereof shall be chosen by the method therein desig- nated, and all the estate, rights, powers and property of whatso- ever nature, belonging to either corporation shall, without further act or deed be vested in and transferred to the new cor- poration as effectually as they were vested in or belonged to the former corporations; and the said new corporation shall be liable for all the debts and liabilities of the former corporations in the same manner and as effectually as if said debts or liabilities had been contracted or incurred by the new corpo- ration. A certified copy of such order shall be recorded in 294 — RELIGIOUS CORPORATIONS LAW. the book for recording certificates of incorporation in each county clerk’s office in which the certificate of incorporation of each consolidating church was recorded; or if no such certificate was so recorded, then in the clerk’s office of the county in which the principal place of worship or principal office of the new corpora- tion is, or is intended to be, situated. Amended by chap. 56, L. 1896, In effect February 29, 1896. [See form, No. 26. L. 1874, ch. 37; R. 8., 8th ed., 1902 L. 1875, ch. 209; R. S., 8th ed., 1904. L. 1876, ch. 176, §§ 8-4; R. S., 8th .ed., 1909. The only material change is in allowing the new church to be of a different denomination from either of the old ones. The provision that the governing body of the denomination to which each church belongs must consent to the consolidation is sufficient guard against any evil resulting from the change. Chapter 176 of the Laws of 1876, only authorizes the consolidation of corporations having a denominational character, and does not author- ize a consolidation of the free church of an undenominational character with a denominational church. Stokes v. Phelps Mission, 47 Hun, 570, This would probably be the practical effect of § 12, as the consent of the governing bodies of the denominations to which the consolidat- ing churches belong is required; although the first sentence in referring to new corporation as ‘the denomination, if any” to which it is to belong might seem to imply the consolidation of an undenominational church with a denominational one. The statutes authorizing consolidation of existing religious corpora- tions, chapter 209 of the Laws of 1875, and chapter 176 of the Laws of 1876, were designed to enable existing religious corporations organized in good faith to consolidate when it is apparent that the interests of each can be advanced by the union. Matter of M. E. Society v. Perry, 51 Hun, 104. A religious corporation can not be organized for the sole purpose of consolidating it with another, with the design ef acquiring the prop- erty of such church corporation and applying it to the maintenance of a church with a different polity and a different faith. Id. When the majority of the trustees of one corporation are also the trustees of another, such boards of trustees can not contract for the consolidation of the corporations. Id. The court is vested with a discretionary power as to whether con- solidation is desirable. Id. An injunction will not lie to restrain the Protestant Episcopal churches from effecting a consolidation in accordance with an agreement made between them. Maclaury v. Hart, 121 N. Y¥. 686; reversing S. C. (Court ef Common Pleas).] } ‘RELIGIOUS CORPORATIONS LAW. 295 § 13. Judicial investigation of amount of property of religious corporations.—The supreme court at a special term, held in the judicial district in which the principal place of worship or of holding corporate meetings of a religious corporation is situated, may require such corporation to make and file an inventory of its property, verified by its trustees or a majority of them, on the written application of the attorney-general, stating that, from his knowledge, or on information and belief, the value of the property held by such corporation exceeds the amount authorized by law. On presentation of such application, the court shall order that a notice of at least eight days, together with a copy of the applica- tion, be served upon the trustees of the corporation, requiring them to show cause at a time and place therein specified why they should not make and file such invertory and account. If, on the hearing of such application, no good cause is shown to the contrary, the court may make an order requiring such inventory or account to be filed, and may also proceed to take and state the amount of property held by the corporation, and may appoint a referee for that purpose; and when such account is taken and stated, after hearing all the parties appeariny on the apnlication, the court may enter an order determining the amount of property so held by the corporation and its annual income, from which order an appeal may be taken by any party aggrieved as from a judgment of the supreme court in an action tried therein before a court without a jury. No corporation shall be required to make and file more than one inventory and account in any one year, or to make a second account and inventory while proceedings are pending for the statement of an account under this section. [See form, No. 27. . 1813, ch. 60, §§ 10, 15; R. S., Sth ed., 1887-8 « 1814, ch.i1, § 63: R. S., Sth ed., 1891. 1842, ch. 153, §§ 1-2; R. S., Sth ed., 1894, 1850, cif. 122,°§ 1; R. Si, Sth’ ed., 1897: . 1863, ch. 45, § 1, sub. 8; R. S., Sth ed., 1889. . 1871, ch. 12, § 1, sub. 3; R. S., 8th ed., 1891. SSN oii ois Pursuant to this section of the revision, the annual inventory { only required to be filed, where sworn statement is made on knowledge, or information and belief, that the property of the corporation exceeds the 296 , RELIGIOUS CORPORATIONS LAW. amount authorized by law. The present law which is practically obsolete requires triennial filing of inventory, with provisions that failure to file shall be ground for dissolution. A gourt of equity has no visitorial jurisdiction over religious corpora- tions formed under the third section of the act of 1813. Robertson v. Bullions, 11 N. Y. 543; Kniskern y. Lutheran Churches, 1 Sand. Ch. 489.] § 14. Corporations with governing authority over churches.— An unincorporated diocesan convention, presbytery, classis, synod, annual conference, or other ecclesiastical governing body having jurisdiction over several churches, may at a stated meeting thereof, determine to become incorporated by a designated name, and may by a plurality vote, elect not less than three nor more than nine persons to be the first trustees of such corporation. The presiding officer and clerk of such governing body skall execute and ac knowledge a certificate stating that such proceedings were duly taken as herein provided, the name by which such corpora- tion is to be known, and the names of such first trustees. On ' filing such certificate the members of such governing body and their successors shall be a corporation by the name statecé in the certificate, and the persons named as trustees therein shall be the first trustees thereof. The trustees of every incorporated governing body and their successors shall hold their offices during the pleasure of such body, which may remove them and fill vacancies in accordance with its rules and regulations. Such corporation may take, administer and dispose of property for the benefit of such govern. ing body, or of any parish, congregation, society, church, mis sion, religious, benevolent, charitable or educational institution existing or acting under it. [See form, No. 28. L. 1875, ch. 381, §§ 1, 2, 4; R. S., 8th ed., 1905. _L. 1876, ch. 110, §§ 1, 2, 4; R. S., 8th ed, 1908 ° L. 1886, ch. 209, § 1; R. S., 8th ed., 1909. \ Without change of substance, except that the members of the governing body instead of the trustees only are constituted the corporation, RELIGIOUS CORPORATIONS LAW, ! 297 Section three of this chapter provides for filing and recording the certificate of incorporation. See Perry v. Board of Missions, etc, of Albany, 142 N. Y. 99.] § 15. Property of extinct churches.— Such incorporated govern- ing body may decide that a church, parish or society in connection with it or over which it has ecclesiastical jurisdiction, has be- come extinct, if it has failed for two consecutive years next prior thereto to maintain religious services according to the discipline, customs and usages of such governing body, or has less than thirteen resident attending members paying annual pew rent, or making annual contribution toward its support, and may take possession of the temporalities and property belonging to such church, parish or religious society, and manage; or may, in pur- Suance of the provisions of law relating to the disposition of rea] property by religious corporations, sell or dispose of the same and apply the proceeds thereof to any of the purposes to which the property of such governing religious body is devoted, and it shall not divert such property to any other object. The American Congregational Union Shall be deemed the governing religious body of every extinct or disbanded Congregational church within the meaning of this section. The New York Eastern Christian Benevolent and Missionary Society, shall be deemed the governing religious body of any extinct or disbanded church of the Christian denomination situated within the bounds of the New York Eastern Christian Conference; and the New York Christian Association of any other church of the Christian denomination, and any other incorporated conference shali be deemed the governing religious body of any such church situated within its bounds. By Christian denominations igs meant only the denomination Specially termed “Christian” in which the bible is declared to be the only rule of faith, Christian their only name, and Christian character their only test of fellowship, and in which no form of baptism is made a test of Christian character, Amended by chap. 336, L. 1896, In effect April 21, 1896, _ 298 RELIGIOUS CORPORATIONS LAW. 8.15. Property of extinct churches.—Such incorporated governing body may decide that a church, parish or society in connection with it or over which it has ecclesiastical jurisdic- tion, has become extinct, if it has failed for two consecutive years next prior thereto, to maintain religious services accord- ing to the discipline, customs and usages of such governing body, or has had less than thirteen resident attending members pay- ing annual pew rent, or making annual contribution toward its support, and may take possession of the temporalities and prop- erty belonging to such church, parish or religious society, and manage; or may, in pursuance of the provisions of law relating to the disposition of real property by religious corporations, sell or dispose of thesame and apply the proceeds thereof to any of the purposes to which the property of such governing religious body 1s devoted, and it shall not divert such property to any other object. The New York Eastern Christian Benevolent and Missionary society shall be deemed the govern- ing religious body of any extinct or disbanded church of the Christian denomination situated within the bounds of the New York Eastern Christian Conference; and the New York Chris- tian Association, of any other church of the Christian denomi- nation, and any other incorporated conference shall be deemed the governing religious body of any church situated within its bounds. By Christian denomination is meant only the de- nomination specially termed ‘Christian,’ in which the Bible is declared to be the only rule of faith, Christian their only name, and Christian character their only test of fellowship, and in which no formof baptism is made a test of Christian character. [Am’d, ch, 288 of 1897. In effect April 14, 1897.] RELIGIOUS CORPORATIONS LAW. 299 [L. 1871, ch. 881, § 3; R. S., Sth ed., 1906. L. 1876, ch. 110, $ 3; R. S., Sth ed., 1908. L. 1885, ch. 431, § 1; R. S., Sth ed., 1917. L. 1887, ch. 100, §§ 1-4; R. S., 8th ed., 1918. Several minor changes for sake of uniformity are made, but nothing substantial.] fie & § 16. Corporations for organizing and maintaining mission churches and Sunday schools.—Ten or more members of two or more incorporated churches may become a corporation for the purpose of organizing and maintaining mission churches and Sun- day schools, and of acquiring property therefor, by executing, a certificate stating the name of such corporation, the city in which its principal office or church or school is or is intended to be located; the number of trustees to manage its affairs, which shall be three, six or nine, and the names of the trustees for the first year of its existence, which certificate shall be acknowledged or proved and filed as hereinbefore provided. Whenever a mission church established by such corporation becomes self-sustaining, such mission church may become incorporated and shall be governed under the provisions of this act for the incorporation and government of a church of the religious denomination to which such mission church belongs, and thereon such parent corporation may convey to such incorporated church the prop- erty connected therewith. Amended by chap. 836, L. 1896. In effect April 21, 1896. [See form, No. 29, This section is new. See § 6. Section 3 of this chapter provides for the place of filing certificates. Wor provisions as to who may take acknowledgments, see § 15 of statutory construction law. As to qualifi- cation of incorporators, the naming of the corporation, and generally ag to certificates of incorporation, see general corporation law, §§ 3-9.] § 17. Corporations for acquiring parsonages for presiding elders and camp meeting grounds.— The presiding elder and a majority of the district stewards residing within a presiding 390 RELIGIOUS CORPORATIONS LAW. -elder’s district, erected by an annual conference of the Methodist Episcopal denomination, may become incorporated for the purposes of acquiring, maintaining and improving real property to be used either as a parsonage for the pre- siding elder of such district or as a camp ground for camp meeting purposes, or for both of such objects by executing, acknowledging and filing a certificate stating the name and object of the corporation to be formed, the name of such annual conference, and of such presiding elder’s dis- trict, the names, residences and official relations to such district of the signers thereof, the number of trustees of such corpo- ration, which shall be three or some multiple of three not more than twenty-one, the names of such trustees, designating one- third to hold office for three years, one-third to hold office for two years, and one-third to hold office for one year. On filing such certificate the presiding elder and all the stewards of such district by virtue of their respective offices, shall be a corporation by the name and for the purposes therein stated, and the persons therein named shall be the first trustees thereof. The presiding elder and stewards of any other adjoining pre- siding elder’s district, in this or any other state, may become members of any such corporation, at the time of its formation or any time thereafter, with the consent of such cor- poration, which has for its sole object, or for one of its objects, the acquiring, maintaining and improving of real property as a camp ground for camp meeting pur: poses, if such presiding elder and a. majority of such stewards sign, acknowledge and cause to be filed in the office of the secretary of state, a certificate stating such object, the name of such district, and the names, residences and official relations to such district of the signers thereof, with the consent of the original corporation indorsed thereon. If such a corporation, which has for its sole anieat or one of its objects, the acquisition and maintenance of camp grounds for camp meeting purposes, is composed of the presiding elders and ibe district stewards of more than one presiding elder’s | a district, the number of such trustees shall be apportioned © equally, as near as may be, between the different districts, and RELIGIOUS CORPORATIONS LAW, 301 the presiding elder and district stewards of such district shall elect the number of trustees so apportioned to such district, and the remainder, if any, over an equal division of the trus- tees, shall be elected by all the members of the corporation. A person holding property in trust for the purposes of a parsonage for the presiding elder of a district, and his succes- sors in office, or for camp meeting purposes, for the Methodist Episcopal denomination, may convey the same to a corporation formed for the purpose of acquiring such property within the district in which the property is situated. Meetings held under the direction of such a corporation upon camp grounds owned by it shall be deemed religious meetings, within the provisions of law relating to disturbances of religious meetings, and the trustees of such a corporation shall have the powers of peace officers with relation thereto. Whenever such a cor- poration or any camp-ground association owns land bordering upon any navigable waters, to be used for camp meeting pur- poses only, such corporation or association may regulate or prohibit the landing of persons or vessels at the wharves, piers or shores upon such grounds during the holding of religious services thereon. If the trustees of any such corporation heretofore incorpo- rated have not been classified, so that the terms of office of one-third of their number expire each year, the trustees of such corporation shall be elected annually by the members thereof; but if the trustees of any such corporation have been so classi- fied, one-third of the total number of trustees shall be elected annually to hold office for three years. Such a corporation here- tofore incorporated may, by a majority vote, at an annual meet- ing, or at a special meeting duly called therefor, determine to change the number of its trustees to three, or some multiple thereof, not more than twenty-one. On such determination a majority of the trustees shall sign, acknowledge and file in the offices where the original certificate of such corporation is filed, a supplemental certificate, specifying such reduction or increase; and thereon the number of trustees, shall be the number stated in such certificate. If the number of trustees is increased, the 302 RELIGIOUS CORPORATIONS LAW. a corporation shall elect, at its next annual meeting, a sufficient number of trustees to hold office for one, two and three years, respectively, so that the terms of office of one-third of the whole number of trustees of such corporation shall expire at each annual meeting thereafter. If the number is reduced, the cor- poration shall thereafter elect at its annual meetings one-third of the number of trustees specified in such supplemental certifi- cate, but the trustees in office when such certificate is filed shall vontinue in office until the expiration of their terms, respectively. [See form, No. 30. L. 1867, ch. 265; R. 8, Sth ed., 1999. T1874, ch. 26; R. 8.) Sth ed. ESPN L. 1894, ch. 72. Simplified without material change of substance.] § 18. Application of this chapter to churches created by special laws.— If a church be incorporated by special law, it and its trustees shall have, in addition to the powers conferred on it by such law, all the powers and privileges conferred on incorporated churches and the trustees thereof respectively by the provisions of this article, and also all the powers and privi- leges conferred by this chapter on churches of the same denomi- nation or of the like character, and on the trustees thereof respectively. KL. 1871, ch. 776, § 1; R. 8., 8th ed., 1900, Without material change of substance.] $19. Application of this chapter to churches incorporated prior to January first, eighteen hundred and twenty-eight.—Any provision of this chapter shall not be deemed to apply to any church incorporated under any general or special law, prior to January first, eighteen hundred and twenty-eight, if such provis- ion is inconsistent with or in derogation of any of the rights and privileges of such corporation as they existed under the law by or pursuant to which such corporation was formed, unless such corporation subsequent to such date, shall have lawfully rein- corporated under a law enacted since the first day of January, — eighteen hundred and twenty-eight, or unless the trustees of such RELIGIOUS CORPORATIONS LAW. 803 corporation shall, by resolution, determine that the provisions of this chapter applying to churches of the same denominaticen and to the trustees thereof shall apply to such church, and unless such resolution shell be submitted to the next ensuing annual meeting of such church, and ratified by a majority of the votes of the qualified voters present and voiing thereon. Notice of the adoption of such resolution and of the proposed submission thereof for ratification, shall be given with the notice of such annual meeting, and in addition thereto, mailed to each member of such church corporation at his last known post-oflice address, at least two weeks prior to such annual meeting, and published once a week for two successive weeks immediate:y preceding such meeting in a newspaper, if any, published in the city, vil- lage or town in which the principal place of worship of such corporation is located and otherwise in a newspaper pub ished in an adjoining town. If such resolution is so ratified, the trustees of such church shall cause a certificate setting forth a copy of such resolution, its adoption by the board of trustees and its due ratification by the members of such corpo:aticn, to be filed in the office of the clerk of the county in which the principal place of worship of such corporation is located. Such county clerk shall cause such certificate to be recorded in the book in which certifi- cates of incorporation of religious corporations are recorded in pursuance of law. ; Added by chap. 336, L. 1896. In effect April 21, 1$96. $20. Calling of a minister, ete.—No provision of this act authorizes the calling, settlement, dismissal or removal of a minister, or the fixing or chang- ing of his salary, and a meeting of a church corporation for any such pur- pose shall be called, held, moderated, conducted, governed and notice of such meeting given and person to preside thereat ascertained and the qualification of voters thereat determined, not as required by any provision of this act but only according to the aforesaid laws and regulations, practice, discipline, rules and usages of the religious denomination or ecclesiastical governing body, if any, with which the church corporation is connected. Added by chap. 720 of 1899. § 21. Worship.—No provision of this act authorizes the fixing or changing of the times, nature or order of public or social or other worship of any church, in any other manner or by any other authorfty than in the manner and by the author ity provided in the laws, regulations, practice, discipline, rules and usages of the religious denomination or ecclesiastical governing body, if any, with which the church corporation is connected. Added by chap. 720 of 1899. 304 RELIGIOUS CORPORATIONS LAW. § 22. The preceding sections numbers twenty and twenty-one are not applicable to a Baptist church, a Congregational church or to any other religious corpora- tion having a congregational form of government. Added by chap. 720 of 1899. ARTICLE ILI. Special Provisions for the Incorporation and Government of Protestant Episcopal Parishes or Churches. Section 30. The meeting for incorporation. 81. The certificates of incorporation. 32. Corporate trustees; vestry; powers and duties thereof 33. Annual elections. 34, Changing the number of vestrymen of parishes hereafter incorporated. 35. Changing date of annual elections, number and terms of office of ves- trymen and terms of churchwardens of parishes heretofore incor- porated. 36. Changing the qualifications of voters and the qualifications of wardens and vestrymen. $ 30. The meeting for incorporation.—Notice of a meeting for the purpose of incorporating an unincorporated Protestant Episcopal parish or congregation, and of electing the first church wardens and vestrymen thereof, shall specify the , object, time and place of such meeting, and shall be made public for at least two weeks prior to such meeting, either by open reading of such notice in time of divine service, at the usual place of worship of such parish or congregaticn, or by posting the same conspicuously on the outer door of such place of. worship. Only men of full age who have been regular attendants at the worship of such parish or congregation and contributors to the support thereof for one year next prior to such meeting, or since the establishment of such parish or congregation, shall be qualified to vote at such meeting. The presence of at least six persons qualified to vote thereat shall be necessary to constitute a quorum of such meet- ing. The action of the meeting upon any matter or question shall be decided by a majority of the qualified voters voting thereon, a quorum being present. The officiating minister, or if there be none, or he shall be necessarily absent, any other person qualified to vote at the meeting, who is called to the chair, shall pre- side thereat. Such presiding officer shall receive the votes, be the judge of the qualifications of voters, and declare the result of the votes cast at such meeting, The polls of the meeting shall remain open for one hour or longer in the discre- tion of the presiding officer, or if required by a vote of a majority of the voters present. The meeting shall decide whether such unincorporated parish or con- grezation shall become incorporated. ff such decision be in favor of incorpora- tion, such meeting shall decide upon the name of the proposed corporation; what secular day of the week beginning with the first Sunday in Advent, RELIGIOUS CORPORATIONS LAW. 305 shall be the date of the regular annual election; whether the vestry- men thereof shall be three, six or nine; and shall elect by ballot from the persons qualified to be voters thereat, who have been baptized, one-third of the number of vestrymen so decided upon to hold office until the first annual election to be held thereafter, one- third of such number, to hold office until one year after such annual election, and one-third of such number, to hold office until two years after such annual election ; and shall elect from such qualified voters who are communicants in the Protestant Episcopal Church, two persons to be church wardens thereof, one to hold office until such annual election, and one to hold office until one year after such annual election. Am’d by chap. 358 of 1898 [See form, No, 11. L. 1818, ch. 60, § 1, subs, 1-6; R. §., 8th ed., 1881. ¢€ The only material changes of substance are: \ 1. A notice of the meeting is to be read or posted instead of being read and posted as required by the present law. The present law requires the notice to be read by the rector or officiating minister. This section does not specify the persons who shall read it. 2. The qualifications of voters is materially changed. 3. The date to be specified for annual corporate meeting is changed from Easter week to the week beginning with the first Sunday in Advent, 4. The number of vestrymen is changed from “not less than four nor more than eight annually elected,” to “either three, six or nine,” of whom one-third shall be elected annually. There can be but one corporation for the same religious society. The faction which is most vigilant and gives the requisite notice for a meeting at both meeting places of the society, if the society holds religious services in two, may be lawfully incorporated, and become Vested with the property of the society. Trustees v. Bly, 73 N. Y. 323. At the first meeting for incorporation two things must concur to qualify a voter, viz.: Regular attendance and contribution to the sup- port of the church for one year prior to the meeting. Persons baptized in the church or received by confirmation or communion are not qualified (as formerly) unless regular attendance and contribution also concur.] § 81. The certificate of incorporation.—If such meeting shall decide in favor of incorporation and comply with the next preceding section, the presiding officer of such meeting and at least two other 306) RELIGIOUS CORPORATIONS ‘LAW. persons present and voting thereat, shall execute and acknowledge a certificate of incorporation setting forth: 1. The fact of the calling and holding of such meeting ; 9. The name of the corporation as decided upon thereat ; 8. The county, and the town, city or village, in which its principal place of worship is, or is intended to be located ; 4. The day of the week commencing with the first Sunday in Advent upon which the annual election shall be held. 5. The number of vestrymen decided upon at such meeting ; 6. The names of the vestrymen elected at such meeting and the term of office of each; 7. The names of the churchwardens elected at such meeting and the term of office of each. On filing such certificate in the office of the clerk of the county so specified therein the churchwardens and vestrymen so elected and their successors in office, together with the rector, when there is one, shall form a vestry and shall be the trustees of such church or con- gregation; and they and their successors shall thereupon, by virtue of this act, be a body corporate by the name or title expressed in such certificate, and shall have power, from time to time, to adopt by-laws for its governance.* Such corporation shall be an incorpo- rated church, and may be termed also an incorporated parish. Aw’d by chap. 358 of 1898. [See form, No. 12. L. 1813, ch. 60, § 1, subs. 7, 8; R. S., 8th ed., 1882. The certificate contains more details than are required by present law. The qualified voters and the members are expressly constituted the corporation, instead of tte trustees as provided by L. 1813, ch. 60, § 1, sub. 8; but the present law has been interpreted to make the mem- bers the corporation, Robertson y. Bullions, 11 N. Y. 2438; Cram y. Evan. Lutb. Soc, 836 N. Y. 161, and cases cited under § 2. If trustees are named, it will be considered a compliance with requtre- ment that number be stated. Betts v. Betts (Sp. T.), 4 Abb. N. C. 827; but it is better to state number. As to place of filing certificate, see § 3 and cases efted. The general qualification of incorporators, the naming of the corpo- ration and other general regulations as to certificates, are provided by pe es eee Ee ae *So in original. RELIGIOUS CORPORATIONS BAW, !/ ~ 307 general corp. law, §§ 3-9. The persons before whom acknowledgments may be taken are specified in statutory construction law, § 15. The certificate must contain the names of the trustees and the corm porate name, but a defect in record can not be taken advantage of by & person who has contracted with the corporation. M. B. Union Ch. * Pickett, 19 N. Y. 482. A compliance with the statute will be presumed from long user under ft. Saint’s Ch. v. Lovett, 1 Hall’s Superior Ct. Rep. 191. A certified copy of the certificate is evidence equally, with the original, Code Civ. Pro., § 933, § 32. Corporate trustees, vestry; powers and duties thereof. — No meeting of the vestry or trustees of any incorporated Protest- ant Episcopal parish. or church shall be held unless either all the members thereof are present, or three days’ notice thereof shall be given to each member thereof, by the rector in writing either per- sonally or by mail, or, if there be no rector or he be incapable of acting, by one of the churchwardens; except that twenty-four hours’ notice of the first meeting of the vestry or trustees after an annual election shall be sufficient, provided such meeting be held within three days after the election. To constitute a quorum of the vestry or board of trustees there must be present either : 1. The rector, at least one of the churchwardens and a majority of the vestrymen ; or, 2. The rector, both churchwardens and one less than a majority of the vestrymen; or, 3. If the rector be absent from the diocese and shall have been so absent for over four calendar months, or if the meeting be called by the rector and he be absent therefrom, or be incapable of acting, one churchwarden and a majority of the vestrymen, or both church- wardens and one less than a majority of the vestrymen. But if there be a rector of the parish, no measure shall be taken, in his absence, in any case, for effecting the sale or disposition of the real property of the corporation, nor for the sale or disposition of the capital or principal of the personal property of the corporation, nor shall any act be done which shall impair the rights of such rector. 308 RELIGIOUS CORPORATIONS LAW. The presiding officer of the vestry or trustees shall be the rector, or if there be none, or he be absent, the churchwarden who shall be called to the chair by a majority of the votes, if both the chuarch- wardens be present; or the churchwarden present, if but one be present. At each meeting of the vestry or trustees each member thereof shall be entitled to one vote. The vestry shall have power to fill a vacancy occurring in the office of churchwarden or vestry- man by death, resignation or otherwise than by expiration of term, until the next annual election at which, if such vacancy would con- tinue thereafter, it shall be filled for the remainder of the unexpired term. The vestry may, subject to the canons of the Protestant Episcopal Church in the United States, and of the diocese in which the parish or church is situated, by a majority vote, elect a rector to fill a vacancy occurring in the rectorship of the parish, and may fix the salary or compensation of the rector. [Am’d, ch. 358 of 1898.]__. Pd | Soe {L. 1823, ch. 60, $1, subs. 8, 14-16. cn = hi ‘The provision of sub. § making the trustees the corporation ts omitted, the members of the congregation being made the corporation by § 81 See eases cited under § 31. Subdivision 16 expressly gives to the presiding officer of the poard @& casting vote. Omitted from this section. The statute requiring a majority of the vestrymen contemplates @ majority of the legal members, and not merely of a less number actually, in office. Moore v. Rector, etc., of St. Thomas (cireutt), 4 Abb. N. CO. 51 Mandamus will lie to compel vestrymen to attend a duly called meet- ing of the vestry, where it appears that they willfully absented them- selves. People ex rel. v. Winans (Sup. Ct, Chambers), 29 St. Rep. 651. A rector of an incorporated church may be mandamused to join with the trustee in appointing a time for an election and fill vacancies in the office of church wardens, vestrymen and give notice thereof as required by law. People ex rel. Fleming v. Hart (Common Pleas), 1 N. Y. Supp. 673. A committee of vestrymen who have been appointed to perform certain duties relating to the corporation, have no power, after having been ousted from office, to mandamus an officer of the corporation to perform an act sanctioning act done by them. Presbyterian Church ¥. Black- — hurst, 60 Hun, 63. pa ar ae RELIGIOUS CORPORATIONS LAW. 309 For powers of trustees in relation to the property of the corporation, see §§ 4, ‘' § and 11, and notes. For powers of trustees in relation to minister, see notes to $ & under head of ** Ministers. ”] § 83. Annual elections of incorporated Protestant Episco- pal parishes.—The annual election of a Protestant Episcopal parish, hereafter incorporated, shall be held on the secular day in the week commencing with the first Sunday in Advent, designated in its certificate of incorporation. The annual election of an incor. porated Protestant Episcopal parish or church heretofore incorpo- rated shall be held on the day fixed for such annual election, by or in pursuance of law, orif no such date be so fixed, then on the Monday next after the first Sunday in Advent. Notice of such annual election shall be read by the rector of the parish, or if there be none, or he be absent, by the officiating minister or by a church- warden thereof, on each of the two Sundays next preceding such election, in the time of divine service, or if, for any reason, the usual place of worship of the parish be not open for divine service, the notice shall be posted conspicuously on the outer door of the place of worship for two weeks next preceding the election. Such notice shall specify the place, day and hour of holding the election, the name and term of office of each churchwarden and vestryman whose term of office shall then expire, or whose office shall then be vacant for any cause, and the office for which each such officer is to be then elected. The meeting for such annual election, shall be held immediately after morning service. The presiding officer of such meeting shall be the rector thereof, if there be one, or if there be none, or he be absent, one of the churchwardens elected for the purpose by a majority of the duly qualified voters present, nor if no churchwarden be present, a vestryman elected in like manner. Such presiding officer shall be the judge of the qualifications of the voters; shall receive the votes cast; and shall declare the result of the votes cast at such election. The presiding officer of such meet- _ ing shall enter the proceedings of the meeting in the book of the 310 RELIGIOUS CORPORATIONS LAW. minutes of the vestry, sign his name thereto, and offer the same to as many qualified voters present as he shall think fit, to be also signed by them. Only men of full age belonging to the parish, who have been regular attendants at its worship and contributors to its support for at least twelve months prior to such election or since the establishment of such parish, shall be qualified voters at any such election. The action of the meeting upon any matter or ques- tion shall be decided by a majority of the qualified voters voting thereon. The polls of the election shall continue open for one hour, and longer, in the discretion of the presiding officer, or, if required, by a vote of a majority of the qualified voters present and voting. The churchwardens and vestrymen shall be elected by ballot from persons qualified to vote at such election, and no person shall be eligible for election as churchwarden, unless he be also a communi- cant in the Protestant Episcopal church, nor be eligible for election as vestryman, unless he shall have been baptized. At each annual election of an incorporated Protestant Episcopal parish hereafter incorporated, one churchwarden shall be elected to hold office for two years; and one-third of the total number of the vestrymen of the parish shall be elected to hold office for three years. At each annual election of an incorporated Protestant Episcopal parish or church heretofore incorporated two churchwardens and the total number of its vestrymen shall be elected to hold office for one year thereafter, unless the terms of office of but one churchwarden or of but one-third of its vestrymen shall then expire, in which case one churchwarden shall be elected to hold office for two years, and one third of the total number of its vestrymen shall be elected to hold office for three years. Each churchwarden and vestryman shall hold office after the expiration of his term until his successor shall be chosen. Am’d by chap. 358 of 1898. [See form, No. 18. L. 1813, ch. 60, § 1, subs. 9-14; R. 8., 8th ed., 1882. Without material change as to churches heretofore incorporated. As to churches hereafter incorporated the date of annual election and the number and terms of office of churchwardens and vestrymen are materially changed. BELIGIOUS CORPORATIONS LAW. 311 Presiding officer-—A rector of an incorporated church may be mane damused to give notice of the annual election, McLaurey y. Hart Sp. T.), 11 N. Y. Supp. The rector of the Protestant Episcopal church is both presiding and returning officer and his certificate of election is presumptive evidence of the right of the party receiving it to hold the office and exercise its functions. The People vy. Lacoste, 87 N. Y¥. 192. A presiding officer prevented by violenee from discharging his duties at a regular meeting may retire, with those who choose to follow him, and conduct the meeting elsewhere. Field v. Field, 9 Wend. 394, What constitutes quorum.— To constitute a corporate meeting there need not be present a majority of the corporators; but where the cor- porators are indefinite, those assembled pursuant to regular call will con- stitute a quorum, and the acts of a majority will bind the corporation, Madison Ave. Baptist Church y. The Baptist Church of Oliver St. 32 How. Pr. 335; Field vy. Field, 9 Wend. 394, Voters.— Only members of the congregation who have been regular atiendants on divine worship and contributors to the support of the church for twelve months are qualified. Baptism in the church or recep- tion by confirmation or communion do not alone qualify, as heretofore provided by L. 1813, ch. 60, § 1, subs. 6 and 9. A member's right to vote depends upon his connection with the particu- lar society, and not with the denomination at large. Watkins vy, Wilcox, 4 Hun, 220. The members of the church have no greater rights as corporators than the members of the congregation who steadily attend divine worship with them. Baptist Church in Hartford y. Witherell, 3 Paige, 296. Persons otherwise qualified do not lose their right to vote at elections by reason of having renounced the doctrine of ecclesiastical government of the church. Petty v. Tooker, 21 N. Y. 267. A religious corporation may, under its rules, exclude a member from spiritual privileges, but can not deprive him of his statutory rights as an incorporator. People vy. German Church, 53 N. Y. 103; reversing 6 Lans. 172; People v. Phillip, 1 Den. 388. Stated attendance means the personal presence of the voter at the religious meetings of the society. The regular attendance of members of his family is not sufficient. Casual attendance and ‘regular contribu- tions to the support of the church will not constitute a person a voter, People et al. vy. Tuthill, et al., 31 N. Y. 550. Contribution and support must be according to the usages and customs of the church, which implies that contributions must be of a vital and substantial character, Id. Contributions to the support of a charity connected with the church, or to a mission school, are not sufficient, Id, yi orn Snap at we 312 RELIGIOUS CORPORATIONS LAW. A court of equity has no power to require qualifications in the electors of trustees, other than those prescribed by the statute. Robertson Bullions, 11 N. Y. 248. A member can not yote by proxy at the meetings of a religious cor poration. Gen. Corp. L., § 21 ‘he presiding officer may exact an oath from every person offering to vote. Gen. Corp. L., § 22. Legality of election.— The question of the legality of votes cast at a corporate election can not be determined by the inspectors (or presiding officer acting as such) after they have already made a certificate declar- ing certain persons elected. Hartt v. Harvey, 32 Barb. 55. An election of the trustees is valid although the notice required by the statute was not given, if the election was fairly conducted, and there is no complaint of want of notice. The People v. Peck, 11 Wend. 604. After the ballots are received, the right of the inspectors to inquire into their legality ceases. They must return the vote as cast, People v. White, 11 Abb. Pr. 168; Hartt v. Harvey, 32 Barb. 55. A certificate of election is presumptive evidence of election and can only be overcome by proof that the person holding it received less than a majority of the votes cast, unless the certificate shows upon its face that the person holding it was not legally elected. People v. Lacoste, 37 N. Y. 192; Hartt v. Harvey, 32 Barb. (Sp. T.) 55. § 384. Changing the number of vestrymen of Protestant Episcopal parishes hereinafter incorporated.—If the vestry of a Protestant Episcopal parish, hereinafter incorporated, shall, by resolution, recommend that the number of vestrymen of such parish be changed to either three, six or nine vestrymen, notice of such recommendation shall be included in the notice of the next annual election of such parish, and be submitted to the meeting. If such recommendation be ratified by such meeting, the presiding officer thereof, and at least two qualified voters present thereat, shall - execute and acknowledge a certificate setting forth such resolution of : the vestry, the fact that notice thereof had been given with the notice of such annual election; that the meeting had ratified the same ; and. the number of vestrymen so decided on. Such certificate shall be filed in the office of the clerk of the county in which the original RELIGIOUS CORPORATIONS LAW. 313 certificate of incorporation is filed and recorded, and such change in the number of vestrymen shall take effect at the time of the next annual election thereafter. If the number of vestrymen be thereby increased, then, in addition to the number of vestrymen to be elected at such annual election, one-third of such increased number of ves- trymen shall be elected to hold office for one year thereafter, one- third of such increased number shall be elected to hold office for two years thereafter, and one-third of such increased number shall be elected to hold office for three years thereafter. If the number of vestrymen by such change be reduced, such reduction shall not affect the term of office of any vestryman duly elected, and at such next annual election, and at each annual election thereafter, one- third of such reduced number of vestrymen shall be elected to hold office for three years. (Am’d ch. 358 of 1898.) § 85. Changing date of annual election, number and terms of office of vestrymen and terms of office of churchwardens in Protestant Episcopal churches heretofore incorporated,— If the vestry of a Protestant Episcopal parish, heretofore incor- porated, shall by resolution, recommend that the date of the annual election be changed to a secular day in the week beginning with the first Sunday in Advent, or that the number of vestrymen be changed to three, six or nine, and that the terms of office of the churchwardens be changed so that-one warden shall. be elected annually, notice of such recommendation or recommendations shall be included in the notice of the next annual election of such parish, and be submitted to the meeting. If such recommendation or recommendations be ratified by such meeting, the presiding officer thereof and at least two qualified voters present thereat, shall execute aud acknowledge a certificate setting forth such resolution of the vestry ; the fact that notice thereof had been given with the notice of the annual election; that such meeting had ratified the same; the date determined upon for the annual election of the parish; the number of vestrymen so decided on; and the fact that. 814 RELIGIOUS CORPORATIONS LAW. the meeting determined to thereafter elect churchwardens, so that the term of one warden shall expire annually. Such certificate shall be filed in the office of the clerk of the county in which the original certificate of incorporation is filed and recorded. If the meeting determined to change the date of the annual election, the next annual election shall be held on the day in the week beginning with the first Sunday in Advent, determined on at such meeting, and the terms of the vestrymen and churchwardens which, pursuant to law, would expire at the next annual election shall expire and their successors shall be elected on such day. If the meeting deter- mine to change the number of vestrymen and manner of electing wardens and vestrymen, there shall be elected at the first annual election thereafter, one-third of the number of vestrymen so deter- mined on, to hold office for three years; one-third thereof to hold office for two years; and one-third thereof to hold office for one year; and one churchwarden to hold office for one year, and one to hold for two years; and thereafter at the annual election there shall be elected one-third of the number of vestrymen determined on at such meeting and one churchwarden. (Am’d ch. 358 of 1898.) § 86. Changing the qualifications of voters and the qualifi- cations of wardens and vestrymen.— If the vestry of a Protest- ant Episcopal parish heretofore incorporated shall by resolution recommend that the qualifications of voters and the qualifications of wardens and vestrymen be changed to conform in both cases to the requirements of section thirty-three of this statute, notice of such recommendation or recommendations shall be included in the notice of the next annual election of such parish, and be submitted to the meeting. If such recommendation or recommendations be ratified by such meeting the presiding officer thereof and at least two qualified voters present thereat shall execute and acknowledge a RELIGIOUS CORPORATIONS LAW. 315 certificate setting forth such resolution of the vestry, the fact that notice thereof had been given with the notice of such annual election, and that the meeting had ratified the same. Such certificate shall be filed in the office of the clerk of the county in which the original certificate of incorporation is filed and recorded. (Am’d, ch. 858 of 1898.) [See form, No. 86 As churches incorporated before 1828 are not subject to provisions of law affecting their corporate charters (People ex rel. Sturges vy. Keese, 27 Hun, 483), an action of the corporation would probably be necessary, in conformity with this section to adopt the provisions of this act as te the qualifications of voters, vestrymen and churchwardens contained in § 30.] ARTIOLE IM. Special Provisions for the Incerporation and Government of Roman Catholic and Greek Churches, Section 50. Incorporation of Roman Catholic and Greek churches. 51. Government of incorporated Roman Catholic churches, § 50. Incorporation of Roman Catholic and Greek churches,— An unincorporated Roman Catholic church, or an unincorpo- rated Christian Orthodox Catholic church of the Eastern Confes- sion, in this state may become incorporated as a church by executing, acknowledging and filing a certificate of incorpora- tion, stating the corporate name by which such church shall be known and the county, town, city or village where its principal place of worship is, or is intended to be, located. A certificate of incorporation of an unincorporated Roman Catholic church shall be executed and acknowledged by the Roman Catholic archbishop or bishop, and the vicar-general of the diocese in which its place of worship is, and by the rector of the church, and by two laymen, members of such church who shall be selected by such officials, or by a majority of such officials, A certificate of incorporation of an unincorporated Christian 316 RELIGIOUS CORPORATIONS LAW. Orthodox Catholic church of the Eastern Confession shall be executed and acknowledged by the envoy extraordinary and minister plenipotentiary, and the consul-general of Russia to the United States, then acknowledged and received as such by the United States. & On filing such certificate such church shall be @ corporation by the name stated in the certificate. [See form, No. 37. L. 1863, ch. 45, § 1, sub. 1; R. S., 8th ed., 1889. L. 1871, ch. 12, § 1, sub. 1; R. S., Sth ed., 1890. Without material change in substance.: The members of the chureh and congregation are the corporators of a. Roman Catholic church, and the trustees simply the governing body. People’s Bank y. St. Anthony’s Roman Cath. Ch., 109 N. Y. 512, As to place of filing certificate, see § 3 and cases cited. The general qualifications of incorporators, the naming of the corpora- tion and other general regulations as to certificates, are provided by General Corp. L., §§ 3-9 The persons before es acknowledgments may be taken are specified in statutory construction law, § 15.] $51. Government of incorporated Roman Catholic and Greek churches.— The archbishop or bishop and the vicar-gen- eral of the diocese to which any incorporated Roman Catholic church belongs, the rector of such church, and their successors in office shall, by virtue of their offices, be trustees of such church. Two laymen, members of such incorporated church,. selected by such officers or by a majority of them, shall also be trustees of such incorporated church, and such officers and such laymen trustees shall together constitute the board of trustees thereof. The two laymen signing the ecertifi- cate of incorporation of an incorporated Roman Catholic church shall be the two laymen trustees thereof during the first year of its corporate existence. The term of office of the two laymen trustees of an incorporated Roman Catholic church — shall be one year. Whenever the office of any such layman. trustee shall become vacant by expiration of term of office or otherwise, his successor shall be appointed from members of the church, by such officers or a majority of them. No act or RELIGIOUS CORPORATIONS LAW, 317 proceeding of the trustees of any such incorporated church Shall be valid without the sanction of the archbishop or bishop of the diocese to which such church belongs, or in case of their absence or inability to act, without the sanction of the vicar- general or of the administrator of such diocese. The envoy extraordinary and minister plenipotentiary, and the consul-general of Russia to the United States, acknowl- edged and received as such, and their successors in office shall, by virtue of office, be the trustees of every incorporated Chris- tian Orthodox Catholic church of the Eastern Confession in this state. The trustees of any such church ghall have power to fix and change the salary of the rector and his assistant, ° appointed or commissioned according to the rules and usages of the denomination to which such church belongs. © [L. 1863, ch. 45, § 1, subs. 1-2; R. S., Sth ed., 1889, L, 1871, ch. 12, § 1, subs. 1-2; R. S., 8th ed., 1890. For powers of trustees in relation to the property of the corporation, see §$ 4, 5 and 11, and notes, For powers of trustees in relation to the minister, see notes to § 5 under head of “ Minister.”] ‘ ARTICLE IV. Special Provisions for the Incorporation and Government of Reformed Dutch, Reformed Presbyterian and Lutheran Churches. Section 60. Decision by a Reformed Dutch or Reformed Presby- terian church, as to system of incorporation and government. _ 61. Decision by Evangelical Lutheran church as to sys- tem of incorporation and government. 62, Incorporation of Reformed Dutch, Reformed Presby- terian and Evangelical Lutheran churches under this article. | 63. Consistory of a Reformed church in America, * 64. Reformed churches in America, changing system of choosing trustees. Minister; how chosen. 318 RELIGIOUS CORPORATIONS LAW. Section 65. Reformed Presbyterian churches, changing system. of choosing trustees. Pew rents and minister’s salary. 66. Evangelical Lutheran churches, changing system of choosing trustees. § 60. Decision by a Reformed Dutch or Reformed Presbytes rian church as to system of incorporation and government.— The minister or ministers, if there be any, and the elders and deacons of an unincorporated church in connection with the Re- formed church in America, the true Reformed Dutch church in the United States of America, or with the Reformed Presbyterian church, may determine to incorporate such church in pursuance of this article, or to calla meeting of such unincorporated church. for the purpose of deciding whether such church shall be incor- porated in pursuance of the next article of this chapter, entitled “Special provisions for the incorporation and government of churches of other. denominations.” Tf-such ministers, elders and deacons determine to call such meeting for such purpose, then such chureh may be incorporated and shall be governed after its incorporation in pursuance of the provisions of the next article of this chapter, except such pro- visions thereof as are applicable to churches of a single denomi- nation only, and except that the notice of the meeting for jncor- poration shall be signed by such ministers, elders and deacons or a majority of them, and no other signatures thereto shall be necessary to its validity; and, if it be a Reformed church in America, it shall, after incorporation, be governed by such of the : provisions of this article as relates to its consistory and to the choice of its minister. [L: 1813, ch. 60, § 2; R.S., 8th ed., 1884. L. 1882, ch. 187, § 1; R. S., 8th ed., 1892. L. 1825, ch. 303, §1; R.S., 8th ed., 1992. Without material change of substance. | § 61. Decision by Lutheran and Presbyterian churches as to system of incorporation and government.— A meeting for the purpose of incorporating an unincorporated Evangelical Lutheran church, or an unincorporated Presbyterian church in connection with the Presbyterian church in the U nited States of America, must be called and held in pursuance of the provisions of the next article of this chapter, except that the first business of such meeting after its organization, shall be to determine whether such church shall be incorporated and governed in pursuance of this article, or in pursuance of the next article of this chapter. Tf such meeting determines that such church shall be, incorpo- rated and governed in pursuance of this article, then no furthe proceeding shall be taken in pursuance of the next article, an such chureh may be incorporated and shall be governed after it RELIGIOUS CORPORATIONS LAW. 319 incorporation in pursuance of the provisions of the following sections of this article, except such provisions as are applicable only te churches of a different denomination; and the certificate of incorporation shall recite such determination of such meeting. If such church is an unincorporated Presbyterian church in con- nection with the Presbyterian church in the United States of America, and such meeting determine that it shall be incorpo- rated and governed in pursuance of this article, then the meet- ing shall also determine whether by virtue of their office, the deacons only of such church, or the pastor, elders and deacons of such church, or the pastor and elders of such church, shall be the trustees of such corporation; and the certificate of the incorporation shall recite such determination of such meeting. if such meeting determine that such church shall. be incorporated and governed in pursuance of the next article of this chapter, then this article shall not be applicable thereto, but such chureh may be incorporated and shall be governed after its incorpora- tion in pursuance of the provisions of the next article of this chapter, except such provisions as are applicable to churches of a single religious denomination only. Amended by chap. 190, L. 1896. In effect April 1, 1896. § 62. Incorporation of Reformed Dutch, Presbyterian, Re- formed Presbyterian and Evangelical Lutheran churches under this article.—If an unincorporated church in connection with the Reformed church in America, the true Reformed Dutch church in the United States of America, the Reformed Presbyterian church, or with the Evangelical Lutheran church, determine to incorporate in pursuance of this artic!e, the minister or m‘nisters and the elders and deacons thereof, or if a Presbyterian church in connection with the Presbyterian church in the United States of America, the officers determined upon as the trustees thereof by the meeting for incorporation or such of them as may be in office, shall execute, acknowledge and cause to be filed and re- corded, a certificate in pursuance of this article. The deacons of a Reformed Presbyterian church may alone sign such certifi- cate if authorized so to do by such church. Such certificate of incorporation shall state the name of the proposed corporation, the county and town, city or villageywhere its principal place of worship is or is intended to be located, and, if it be an Evangeli- eal Lutheran church, or a Presbyterian church in connection with the Presbyterian church in the United States of America, the fact that a meeting of such church duly called decided that it be incorporated under this article. If it be signed by the deacons of a Reformed Presbyterian church, it shall state that they were authorized so to do by such church. If it be the certificate of a Presbyterian church in connection with the Presbyterian church in the United States of America, it shalt 320 RELIGIOUS CORPORATIONS LAW. recite that the officers signing such certificate were determined upon by the meeting for incorporation to be the trustees of such corporation. On filing such certificate such church shall be a corporation by the name stated therein, and the minister or ministers, if any, and the elders and deacons of such church shall, by virtue of their offices be the trustees of such corpora- tion, except that if it be a Reformed Presbyterian church, the certificate of incorporation of which shall have been, in pursu- ance of law, signed by its deacons only, the deacons of such church shall, by virtue of their offices, be the trustees of such corporation; and except that if it be a Presbyterian church in connection with the Presbyterian church in the United States of America, the officers determined upon by the meeting for in- corporation shall, by virtue of their offices, be the trustees of such corporation. Amended by chap. 190, L, 1896. In effect April 1, 1896. [See form, No. 38. .. 1818, ch: 60, § 2; BR. S., Sth ed., 1884. 1822, ch. 187, § 1; R. S., 8th ed., 1892. 1825, ch. 303, § 1; R. S., 8th ed., 1892. 1866, ch. 447; R. S., 8th ed., 1899. 1886, ch. 16; R. S., Sth ed., 1816. : . 1887, ch. 406; § 1; R. S., Sth ed., 1916. The following is the reveiser’s note to this section::. “The only material change is in allowing option te Reformed Dutch system of churches to incorporate with either ex officio or elective sys- tem of choosing trustees. By the present law they can only incorporate with the ex officio system, but may afterwards change to the elective system. It seems desirable that they should be allowed to originally incorporate with the elective system instead of incorporating with one system and immediately changing to the other. The “church” instead of the trustees is constituted the corporation by the interpretation of the courts is no change in substance.” As to place of filing certificate, see § 8 and cases cited. The general qualification of incorporators, the naming of the corpora- tion and other general regulations as to certificates, are provided by general corporation law, §§ 3-9. The persons before whom acknowledg- ments may be taken, are specified in statutory construction law, see § 15. Tor powers of trustees in relation to property of the corporation, see §§ 4, 5 and 11 and notes. ; Ivor powers of trustees in relation to minister, see notes to § 5, under head of ‘f Minister.”’] ay Sead Se se ea § 63. Consistory ofa Reformed churchin America ; ministers) how chosen.—Any church in connection with the Reformed church in America, the choice or election of the members of whose consistory is not subject to the ecclesiastical rules or — jurisdiction of such Reformed church in America, shall, if the | ~ RELIGIOUS CORPORATIONS LAW. d21 consistory so determine, be subject to such rules and jurisdic- tion; and thereafter the choice of the members of the consistory shall be in aecordance with such rules and practices. If any such church be incorporated under the next article of this chapter, or if its trustees be elettive in pursuance of such article, its board of trustees and its consistory shall act con- currently in the choice of its minister. [%. 1835, ch. 90, § 1; R. S., 8th ed., 1894, Without change of substance. As to settling minister, see § 5, notes, ante., under head of “ Minister.” Under the constitution of the Reformed Protestant Dutch Church in America, the relation between the pastor who has charge and his con- gregation may be dissolved by the classis within whose bounds such church is located. Connitt v. The Reformed, etc., Church, 54 N. Y. 551.] § 64. Reformed churches in America, changing system of choos. inf trustees; minister, how chosen.—If the ministers, elders and deacons who, at any time, by virtue of their offices, consti- tute the trustees of any Reformed church in America, determine that the trustees of such church shall thereafter be elective in pursuance of the next article of this chapter, and shall deter- mine whether the number of such trustees shall be three, six or nine, and the date of the annual corporate meeting of the church, they may sign, acknowledge and cause to be filed and recorded in the office of the clerk of the county in which the certificate of incorporation of such church is filed or recorded, a certificate of suchdeterminations. Thereafter the trusteesof such church shall be elective in pursuance of the provisions of the next article of this chapter, relating to the election of trustees of incorporated churches. At the next annual corporate meeting after the filing of such certificate, one-third of the number of trustees so deter- mined on shall be elected to hold office for one year, one-third for two years and one-third for three years, and the minister, elders and deacons shall cease to be the trustees of such church, At each subsequent annual corporate meeting of such church, one-third of the number of trustees so determined on shall be elected to hold office for three years. If the trustees of an incorporated Reformed church in America are at any time elective, in pursuance of the next article of this 322 RELIGIOUS CORPORATIONS LAW. chapter, the board of trustees and the consistory thereof may concurrently determine that the minister or ministers, if any, and the elders and deacons of such church shall constitute the trustees thereof. Thereon the president and clerk of the con- sistory and the president and clerk of the board of trustees shall sign and acknowledge and cause to be filed and recorded in the office of the clerk of the county in which the original certificate of incorporation is filed or recorded, a certificate of such deter- mination, stating the names of such ministers, elders and dea- cons. On so filing and recording such certificate, such board of trustees shall be dissolved, and the minister or ministers, and elders and deacons of such church, and their successors in office shall constitute the trustees of such church. [See form, No. 39. L. 1835, ch. 90, § 8; R. S., 8th ed., 1893. . L. 1888, ch. 501, § LJ tg g t & aS i § 65. Reformed Presbyterian churches, changing system of choosing trustees; pew rents and minister’s salary.— If any incorporated Reformed Presbyterian church, at a meeting of the church’ or congregation, determine that the deacons of such church shall be the trustees thereof, then the deacons of such church actively engaged in the exercise of their offices therein, and their successors in office, shall, by virtue of their respective offices, be the trustees of such church. The salary of the min- ister and the pew rents in any such church shall be fixed by the vote of the congregation, and the trustees shall not fix or change the same. [L. 1822, ch. 187; R. S., 8th ed., 1892, L. 1866, ch. 477; R. S., Sth ed., 1899, Without change of substance. . For powers of trustess, see §§ 2-5, 11, ante.] § 66. Evangelical Lutheran and Presbyterian churches, chang- ing system of electing trustees.—If the trustees of an incorpo- rated Evangelical Lutheran church, or an incorporated Presby- terian church in connection with the Presbyterian church in the United States of America, shail at any time be elective in pursu- ance of the next article of this chapter, the church may, at an ~ RELIGIOUS CORPORATIONS LAW. 323 annual cornea meeting, if notice thereof be given with the notice of such meeting, determine, if an Evangelical Lutheran church, that the minister or ministers and elders and deacons thereof, or if a Presbyterian church in connection with the Presbyterian church in the United States of America, that the deacons thereof, or the pastor and the elders and the deacons thereof, or the pastor and the elders thereof, shall thereafter constitute the trustees thereof, and. thereon the trustees of such church shall sign, acknowledge and cause to be filed and re- corded, a certificate stating the fact of such determination, and if an Evangelical Lutheran church,the names of the minister or ministers, if any, and of the elders and deacons of such church, or if a Presbyterian church in connection with the Presbyterian church in the United Sta‘es of America, the names cf the officers deter mined upon to be the ex-officio trustees thereof; and thereon the terms of office of such elective trustees shall cea e. and, the minister or ministers, 2nd the elders and de2cons of such church, if an Evangelical Lutheran church, or the officers determined upon by such corporate meeting; if a Presbyterian church in connection with the Presbyterian church in the United States of America, and their successors in office Shall, by virtue of their respective offices, be the trustees of such church. If, at any time, the officers’ of an incorporated Evangelical Lutheran church, or an incorporated Presbyterian church in connection with the Presbyterian church in the United States of America, Which officers by virtue of their offices constitute the trustees thereof, shall determine to submit toa meeting of such church , corporation, the question whether the trustees of such church shall be thereafter elective in pursuance of the next article of this chapter, they shall cause a corporate meeting of such church to _be called and held in the manner provided in sections eighty-four and eighty-five of this chapter, end such corporate meeting shall determine, whether the trustees of such church shall thereafter be elective in pursuance of the next article of this chapter, and also whether the number of such trustees shall be three, six or nine, and the date of the annual corporate meeting of the church, — 324. RELIGIOUS CORPORATIONS LAW. If such meeting shall determine that such trustees shall there- after be elective, the presiding officer thereof and at least two other persons present and voting thereat, shall sign, acknowledge and cause to be filed and recorded in the office of the clerk of the county in which the certificate of incorporation of such church is filed. a certificate of such determination of such meet; ing; and thereafter the trustees of such church shall be elective in pursuance of the next article of this chapter. At the next annual corporate meeting after the filing of such certificate, one-third of the number of trustees so determined on shall be elected to hold office for one year, one-third for two years, and one-third for three years, and the officers of such church who by virtue of their offices have been trustees of such church, shall then cease to be such trustees, and thereafter article five of this chapter shall apply to such church. At each subsequent annual corporate meeting of such church, one-third of the number of trustees so determined on shall be elected to hold office for three years. Amended by chap. 190, L. 1896. In effect April 1, 1896. [See form, No. 40. L. 1886, ch. 16; R. S., 8th ed., 1916. L, 1887, ch. 406; R. 8., 8th ed., 1916, Without change or substance. For powers of trusteees, see §§ 2-5, 11 ante.] ARTICLE V.* Special Provisions for the Incorporation and Government of Baptist Churches. Section 67. Notice of meeting for incorporation. 68. The meeting for incorporation. 69. The certificate of incorporation. 70. Time, place and notice of corporate meetings. 71. Organization and conduct of corporate meetings; qualifications of voters thereat. 72. Changing date of annual corporate meetings. 73. Changing number of trustees. 74, Meetings of trustees. 75. The creation and filling of vacancies among trustees of such churches. j *Added by ch. 336. L. 1896. In effect April 21, 1896. 7 RELIGIOUS CORPORATIONS LAW. 325 Section 76. Control of trustees by corporate meetings of such churches; sa'aries of minisieis. 77. Transfer of property to the Baptist Missionary Con- vention of the State of New York. Section 67. Notice of meeting for incorporation.—Notice of a meeting for the purpose of incorporating an unincorporated Bap- tist church shall be given as follows: The notice shall be in writing, and shall state, in substance, that a meeting of such unincorporated church will be held at its usual place of worship at a specified day and hour, for the purpose of incorporating such church, electing trustees thereof, and selecting a corporate name therefor. The notice must be signed by at least six persons of full age, who are then members in good and regular standing of such church by admission into full communion or membership therewith. A copy of such notice shall be publicly read at a regular ‘meeting of such unincorporated church for public wor- ship, on the two successive Sundays immediately preceding the meeting, by the minister of such church, or a deacon thereof or by any person qualified to sign such notice. § 68. The meeting for incorporation.—At the meeting for incorporation, held in pursuance of such notice, the qualified voters, until otherwise decided as hereinafter provided, shall be all persons of full age, who are then members, in good and regular standing of such church, by admission into full com- munion or membership therewith. At such meeting the presence of a,majority of such qualified voters, at least six in number, shall be necessary to constitute a quorum, and all matters or questions shall be decided by a majority of the qualified voters voting thereon. There shall be elected at said meeting from the qualified, voters then present, a presiding officer, a clerk to keep the record of the proceedings cf the meeting and two inspectors of election to receive the ballots cast. The presiding officer and the inspectors shall declare the result of the ballots cast on any matter, and shall be the judges of the qualifications of voters. If the meeting shall decide that such unincorporated church shall become incorporated, the meeting shall also decide upon the name of the proposed corporation, the number of the 326 RELIGIOUS CORPORATIONS LAW. trustees thereof, which shall be three, six or nine, and the date, not more than fifteen months’ thereafter, on which the first annual election of the trustees thereof shall be held, and shall decide also whether those who, from the time of the forma- tion of such church or during the year preceding the meeting for incorporation, have statedly worshipped with such church and have regularly contributed to the financial support thereof, Shall be qualified voters at such meeting for incorporation, and whether those who, during the year preceding the subsequent corporate meetings of the church shall have statedly worshipped with such church and shall have regularly contributed to the financial support thereof, shall be qualified voters at such cor- porate meetings. Such meeting shall thereupon elect by ballot from the persons qualified to vote thereat one-third of the num- ber of trustees so decided on, who shall hold office until the first annual election of trustees thereafter, and one-third of such number of trustees who shall hold office until the second annual election of trustees thereafter, and one-third of such number of trustees who shall hold office until the third annual election of trustees thereafter, or until the respective successors of such trus- tees shall be elected. § 69. The certificate of incorporation.— If the meeting shall decide that such unincorporated church shall become incorpo- rated, the presiding officer of such meeting and the two in- spectors of election shall execute a certificate setting forth the name of the proposed corporation, the number of the trustees thereof, the names of the persons elected as trustees and the terms of office for which they were respectively elected and the county and town, city or village in which its principal place of worship-is or is intended to be located. On the filing and re- cording of such certificate after it shall have been acknowledged or proved as hereinbefore provided, the persons qualified to vote at such meeting and those persons who shall thereafter, from time to time, be qualified voters at the corporate meetings thereof, shall be a corporation by the name stated in such cer- tificate, and the persons therein stated to be elected trustees of such church shall be the trustees thereof, for the terms for which RELIGIOUS CORPORATIONS LAW. 307 they were respectively elected and until their respective succes- sors shall be elected. | § 70. Time, place and notice of corporate meetings.— The annual corporate meeting of every incorporated Baptist church shall be held at the time and place fixed by or in pursuance of law therefor, if such time and place be so fixed, and otherwise, at a time and place to be fixed by its trustees. A special cor- poraie meeting of any such church may be called by the board of trustees thereof, on its own motion, and shall be called on the written request of at least ten qualified voters of such church. The trustees shall cause notice of the time and place of its annual corporate meeting, and of the names of any trustees whose successors are to be elected thereat; and, if a special meet- ing, of the business to be transacted thereat, to be publicly read by the minister of such church or any trustee thereof at a regular meeting of the church for public worship, on the two successive Sundays immediately preceding such meeting. § 71. Organization and conduct of corporate meetings ; qualifi- cations of voters thereat.—At a corporate meeting of an incor- porated Baptist church the qualified voters shall be all persons of full age, who are then members of such church in good and regular standing by admission into full communion or member- ship therewith, or who have steadily worshipped with such church and have regularly contributed to the financial support thereof during the year next preceding such meeting; but any incor- porated Baptist church may at any annual corporate meeting thereof, if notice of the intention so to do has been given with the notice of such meeting, decide that thereafter only members of such church of full age and in good and regular standing by admission into full communion or membership therewith shall be qualified voters at the corporate meetings. At such corporate meetings the presence of at least six persons qualified to vote thereat shall be necessary to constitute a quorum, and all mat- ters or questions shall be decided by a majority of the qualified yoters voting thereon. There shall be elected at said meeting from the qualified voters then present, a presiding officer, a clerk to keep the records of the proceedings of the meeting and two ‘ inspectors of election to receive the ballots cast, The presiding 328 RELIGIOUS CORPORATIONS LAW. officer and the inspectors of election shall declare the result of the ballots cast on any matter and shall be the judge of the qualifications of voters. At each annual corporate meeting, suc- cessors to those trustees whose terms of office then expire, shail be elected by ballot from the qualified veters, for a term of three years thereafter, and until their successors shall be elected. § 72. Changing date of annual corporate meetings.—An an- nual corporate meeting of an incorporated Baptist church may change the date of its annual meeting thereafter. If the date fixed for the annual meeting shall be less than six months after the annual meeting at which such change is made, the next annual meeting shall be held one year from the date so fixed. For the purpose of determining the terms of office of trustees, the time between the annual meeting at which such change is made and the next annual meeting thereafter shall be reckoned as one year. § 73. Changing number oftrustees.—An incorporated Baptist church may, at an annual corporate meeting, change the number of its trustees to three, six or nine, or classify them so that the terms of one-third expire each year, provided that notice of such intended change or classification be included in the notice of such annual corporate meeting. No such change shall affect the terms of the trustees then in office, and if the change reduces the num- ber of trustees, elections shall not be held to fill vacancies caused by the expiration of the terms of trustees until the number of trustees equals the number to which the trustees were reduced. Whenever the number of trustees in office is less than the num- ber so determined on, sufficient additional trustees shall be elected to make the number of trustees equal to the number so determined on. The trustees so elected up to and including one- third of the number so determined on, shall be elected for three years, the remainder up to end inclcding one-third of the number so determined on for two years, and the remainder for one year. § 74. Meetingsoftrustees.—Meetings of the trustees of an in-— corporated Baptist church shall be called by giving at least twenty-four hours’ notice thereof personally or by mail to all the trustees and such notice may be given by two of the trustees, but by the unanimous consent of the trustees a meeting may be held RELIGIOUS CORPORATIONS LAW. 329 without previous notice thereof. A majority of the whole num- ber of trustees shall constitute a quorum for the transaction of business at any meeting lawfully convened. § 75. The creation and filling of vacancies among trustees of such churches.—If any trustee of an incorporated Baptist church declines to act, resigns or dies, or having been a member of such church. ceases to be such member, or not having been a member cf such church, ceases to be a qualified voter at a corporate meeting thereof, his office shall be vacant, and such vacancy may be filled by the remaining trustees until the next annual corporate meet- ing of such church, at which meeting the vacancy shall be filled ‘for the unexpired term. § 76. Control of trustees by corporate meetings of such churches; salaries of minister.—The trustees of an incorporated Baptist church shall have no power to settle or remove a minister or to fix his salary or without the consent of a corporate meeting, to incur debts beyond what is necessary for the administration _oftthe temporal affairs of the church and for the care of the prop- erty of the corporation; or to fix or change the time, nature or order of the public or social worship of such church. § 77. Transfer of property to Baptist corporations.—Any incor- porated Baptist church, created by or existing under the laws of the state of New York, having its principal office or place of worship in the state of New York, or whose last place of worship was within the state of New York, is hereby authorized and empowered, by a vote of two-thirds of its qualified voters present and voting therefor, at a meeting regularly called for that pur- pose, to transfer and convey any of its property, real or persona}, which it now has or may hereafter acquire, to any religious, chari- table or missionary corporation connected with the Baptist de- nomination and incorporated by or organized under any law or laws of the state of New York, either solely, or among other purposes, to establish or maintain, or to assist in establishing or maintaining churches, schools, or mission stations or to erect, or assist in the erection of such buildings as may be necessary for any of such purposes, and on or without the payment of any money or other consideration therefor, and upon such transfer 330 RELIGIOUS CORPORATIONS LAW. or conveyance being made, the title to and the ownership and right of possession of the property so transferred and conveyed shall be vested in and conveyed to such grantee; provided, how- ever, that nothing herein contained shall impair or affect in any way, any existing claim upon or lien against any property so transferred or conveyed, or any action at law or legal proceeding, and subject in respect to the amount of property the said grantee may take and hold to the restrictions and limitations of existing _ laws. . ARTICLE VI. SPECIAL PROVISIONS FOR THE INCORPORATION AND GOVERNMENT . OF CONGREGATIONAL AND INDEPENDENT CHURCHES. Section 78. Notice of meeting for incorporation. 78a. The meeting for incorporation. 78b. The certificate of incorporation. 78c. Time, place and notice of corporate meetings. 78d. Organization and conduct of corporate meetings; qualifications of voters thereat. 78e. Changing date of annual corporate meetings. 78f. Changing number of trustees. 78g. Meetings of trustees. 78h. Vacancies among trustees. 781. Limitation of powers of trustees. 78}. Election and salary of ministers. 78k. Transfer of property. § 78. Notice of meeting for incorporation.—Notice of a meeting for the purpose of incorporating an unincorporated Congregational or Independent church shall be givenas follows: The notice shall be in writing, and shall state, in substance, that a meeting of such unincorporated ehurch will be held at its usual place of worship at a specified day and hour, for the purpose of incorporating such church, electing trustees thereof, and selecting a corporate name therefor. The notice must be signed by at least six persons of full age, who have statedly W orshipped with such church and have regularly contributed to its support, according to its usages, for at least one year or since it was formed. Alte PVA is tices a cia siete’ e ere A B= ee ns Geieree Ault. LOAD arses Se ES ss rn en JA. REA egy thee ads s arat PLO uals e oes ae s:0:818{ « (ATL TEE be Rao oO 3 EY RIAN eee i FANL TR ES clu os Salaries wt aca lala DOD chia lccc serceiere « All. TSB2 ES ss sk ae tse Gira SE DUS te aicien latte dierare a Ale LSiich ok tiv ace «6 deine elects EAaoetiatore este eta. sas ofat ai ALE BG eines sie eisies6 6.0 tse Pee lah iS icta's te eis < eve fe'elal ‘All. 1868..... AC eS RET ADE hs arate anes vin'e see UAL ERGG ccc ce RM hc gy Ld oteints os 6 alate Crema culls Pe ovate al calles t AA Villas Une ease e'sionh, Alte TSO G 2 fees ccs Shales she APN AGU arene sie sterae’« ‘All, EROT Sra es oc srekes tore GOO wicleterautete vetels AT TROY oc vice we ceiccwe's.cat COO le cwess wane archer Al Le TEES opera otc seb ele. s NNSA pers eee acne ‘All. TRON ecole ce sete snes See eSUO he Arete cara eh ‘All. SED res «8 ooees es Mio Lilibe-e camels welats > “All. RTM ote ce sehas bs eel? ore, seat: WALL: Pel ecttec so stents ow Oe CLO areaey oe Nee Lather cet oN, Pig pee cee prt aya BSTAR I a cae colette shies POEMO Le cess caaees » All. ERT Mey lain, Mette orga sy ae ese 4 ee ALE ESTO ec ccses cee veees S oPNELUU sis ei eleis cle se! els Sent lie RTE MUN er pel te oe MBO Merete. carves aie a Ade Levitiacarsle vceled en eis ee ar MOOR slo a aldte le pert as. 4 ES create ws statis sols erete Get OS Ls €:e'e sie Mearek oa elle LE Tir calsicisiesieicte ssitle dss we ce earce be ATL Terie see et eeIoe Beene one AAS rat rc ale lgiene tie dei 7 ate hy iT aCe nGHGCr re Says et Bip prey icacnereiconee. 0 LE TOtOs. scdieie decd ose eee LrUs twat eres aiciew oA te ESTO i509 ene We eeireigtsaiet LAG + o's ecelaiscale'sleie! se ATE ASTG eve ee ICME DOO) ccles'eccee sere” All HRTTea eee be ea att Arata Were? HOGre Ete: LS PT Smee esera cs ake eit COD bie bce ote ole tive Ade eee tee Od wageveseser es lls 348 RELIGIOUS CORPORATIONS LAW, | Schedule of Laws Repealed — (Continued), Laws of ~ Chapter. ; Sections, TST iad cee A eee alle cen eee oetL: LE TO visu oisie eas weiss art ABO Peawiserstaetere BALL. LEO. ices skew sae o ABS. cc ccccenies VALE ASSO... siecpewiswinc cease GD vie ora spa hf ucinass oA ASSO sie ce weiss sicie > o/c. o py hOTivreetatn sis mists ¢ se) . All LSEO cielcelsieie + a.0\s\o.2 0 ¢100 oy WOOL va eipeles nels cies «All Atul tare ie els's o's) chielsin ie FORMS. 427 r _ STATE OF NEW YORK, ss COUNTY OF ....scseeseccesenry A. B., chairmas, and C. D., secretary, being severally duly sworn, each deposes and says, that A. B. is president of (corporate name) and C. D. is secretary thereof, that he has read the foregoing certificate, subscribed by him, and knows the contents thereof, and that the same is true and correct of his own knowledge, A. B., President. C. D., Seeretary. Sworn to before me, this...... } day of CCC CE SEZ 189 e (Signature of notary.) Certificates of Justice and State Board, Thereby approve of the extension of corporate purposes proposed by the foregoing (or within) certificate, and of the filing thereof. (Signature of Justice of Supreme Court.) We, A. B., president, and C. D., secretary, of the State Board of Charities, hereby certify that at a meeting of such board, held on the ...... day of .........., 189 , the foregoing (or within) certificate extending the purposes of the (corporate name), was duly approved and the filing thereof authorized. A. B., President. C. D., Secretary. Norz.— The certificate should be filed in the offices in which the original certificates of the corporation, if any, are filed; and otherwise in the offices in which certificates of incorporation for such purposes are required to be filed. The fees for recording in office of Secretary of State are 15 cents per folio; in the office of the county elerk, for filing, six cents, and for recording, 10 cents per folio. ; No. 4 Incorporation of Unincorporated Association. (Membership Corporations Law, § 5.) We, the undersigned, a majority of the directors of (state nameof wnincore porated club, socicty or association), an unincorporated club (society or associas tion), desiring to incorporate pursuant to section 5 of the Membership Corpora- tions Law, do hereby certify as follows: That such club (society or association) was organized for the purpose of (state purpose.) That a regular (or regularly called) meeting of such club (society or associa- tion) was held on the... day of .........., 189. That a notice of the time and place of such meeting and that the propo i- tion of incorporating would be considered thereat, was served upon each member of such club (society or association) whose residence or post-office address was known, at least thirty days before such meeting, either personally 428 FORMS. ae ~ or by depositing it in the post-office, postage prepaid, addressed to such m ber at his last known post-office address. That a copy of such notice is hereto annexed and made a part of this certificate. That at such meeting the directors of such club (society or association) were duly authorized by the unanimous vote of all the members of such club (society or association), present and voting at such mecting, to incorporate such club (society or association), in pursuance of section 5 of the Membership Corporations Law, under article (state number) of such chapter, with the corporate name of (state name adopted), as more fully appears by the certificate of the chairman and secretary of the meeting, hereto annexed and filed herewith. That we further certify as follows, to-wit: (Here insert the recitals contained in the form of certificate of incorpora- tion for the formation of a corporation pursuant to the article under which at is proposed to incorporate.) In witness whereof, we have made, signed and acknowledged this certificate in duplicate, this ...... day of -....«..+., 189 . (Signatures of majority of directors.) STATE OF NEW YORK, mt COUNTY OF vecocsccecccece oat On this ...... day of.........., 189 , before me personally came. (names) to me severally known to be the persons described in and who made and signed the foregoing certificate and severally duly acknowledged to me that they made, signed and executed the same for the purposes therein set forth (Signature of notary.) Certificate of President and Secretary of Meeting. We, the undersigned, A. B., president, and C. D., secretary, of a regular tor regularly called) meeting of the members of (state name of club, society or association) held on the ...... day of ........-.-., 189 , do hereby certify as follows: ‘ That the meeting was organized by such members by choosing the under- signed, A. B., as chairman, and the undersigned, C. D., as secretary. That a vote was then taken of those present in person or by proxy upon the proposition of incorporating such club (society or association), pursuant to section 5 of the Membership Cerporations Law. That the following resolution was offered : “‘ Resolved, That the directors of (insert the name of the club, society or association) be authorized and directed to incorporate such club (society or association) pursuant to section 5 of the Membership Corporations Law, under article (state nwmber) of such chapter, and to execute and file certificates and take such other and further steps as may be proper and necessary therefor,” FORMS, 429 That such resolution was adopted by the votes of (stafe number) of the members of such club (society or association), being the unanimous vote of all the members thereof present at such meeting and voting thereon. Dated so casdcccpessce ces 189 ® A. B., Chairman, C. D., Secretary, STATE OF NEW YORK, t #3. COUNE YO Gv. eens ce eSarbde 05 A. B., chairman, and C. D., secretary, being severally duly sworn, each deposes and says that he has read the foregoing certificate, subscribed by him, and knows the contents thereof, and that the same is true and correct of his own knowledge, A. B., Chairman, CG. D., Secretary. Sworn to before me, this...... } day Of... cecece, 189 (Signature of notary) Notice of Meeting, To the members of (insert name of club, societ y or association): Notice is hereby given that at a regular meeting (or a special meeting) of such club (society or association) to be held on the ...... day of... 10 weer stete aig 189 , at .. o’clock in the forenoon (afternoon), a proposition of incorporating such club (society or association) in pursuance of section 5 of the Membership Corporations Taw, will be acted upon by the members thereof, Dated this ...... day of sccccevcceces 189 « CLD; E. F., Majority of Directors, STATE OF NEW YORK, i 88.2 COUNTY OF ne tee reas ueae claak + teeeececeeesecoeey being sworn, deposes and says, that on the ...... day Of encecerves ss 100. he deposited in the post-office at the OILY VDE s elon eee ae a copy of the annexed notice to the members of the (insert name of club, society or association), contained in a duly postpaid wrapper directed to each member thereof at his last known post-office address, (Signature.) Sworn to before me, this...... AVION. ot etican geese loos, (Signature of notary.) (Add approval of justice of the Supreme Court or other authority, as required by the article under which it is proposed to incorporate.) E Norz.—¥ees for recording in office of Secretety of State are 15 cents per folio. Fees for filing & certified copy or duplicate original in county elerk’s office are, filing six cents; recording, 10 cents per folio. : 430 FORMS No. 5. Gertificate of Reincorporation of Membership Corporation, (Membership Corporations Law, §6.) We, the undersigned, a majority of the directors of (corporate name) a membership corporation created by (or under) chapter .....- of the Laws of 189 , desiring to reincorporate pursuant to section 6 of the Membership Corporations Law, under article (state number) of such chapter, do hereby certify as follows. That such corporation was organized for the purpose of (state purpose). That a regular (or regularly called) meeting of such corporation was held on voting at such meeting, to reincorporate such corporation, in pursuance of section 6 of the Membership Corporations Law, under article (state number) of such chapter, by the same corporate name as it has heretofore had, as more - fully appears by the certificate of the chairman and secretary of the meeting, hereto annexed, and filed herweith, and we hereby further certify as follows, viz.: (Here insert the recitals contained in the form of certificate of incorporation for the formation of a corporation pursuant to the article under which it is proposed to reincorporate). In witness whereof, we have made, signed and acknowledged this certificate in duplicate on this ...... day Of ..+++seees, 189 . (Signatures of majority of directors.) STATE OF NEW YORK, \ ss : COUNTY OF. ccocecccocsecs seeeg On this ...... day of ........., 189 , before me personally came (insert names) to me personally known to be the persons described in and who made and signed the foregoing certificate and severally duly acknowledged io me that they made, signed and executed the same for the purposes therein set forth, (Signature of notary.) Certificate of President and Secretary of Meeting. We, the undersigned, A. B., president, and C. D., secretary, at aregular(or regularity called) meeting of the members of (corporate name), held on the ...... day of ....se+ee, 189 , hereby certify as follows: That the meeting was organized by such members by electing the under- signed, A. B., as chairman, and the undersigned, C. D., as secretary. That a vote was then taken of those present in person or by proxy upon the proposition of reincorporating such gorporation pursuant to section 6 of the Membership Corporations Law. That the following resolution was offered, ‘Resolved, That the directors of (corporate name) be authorized and directed to reincorporate such corporation pursuant to section 6 of the FORMS. 431 Membership Corporations Law, under article (state number) of such chapter, and to execute and file certificates and take such other and further steps as may be proper and necessary therefor.” That such resolution was adopted by the votes of (state number), of the members of such corporation, being a unanimous vote of all the members thereof present at such meeting and voting thereon, A. B., Chairman, CG. D., Secretary. Dated this eeeeee day of SD dnd |) 189 @ STATE OF NEW YORK, p COUNTYROR ‘ficsisieccc costes sa. A. B., chairman, and C. D., secretary, being severally duly sworn, each deposes and says, that he has read the foregoing certificate, subscribed by him, and that he knows the contents thereof, and that the same is true and correct of his own knowledge, A. B., Chairman. C. D., Secretary, Severally sworn to before me, this...... i day of. eeewrocosrys 189 . (Signature ef notary.) (Add approval of justice or other authority as required for an original certificate by the article under which it is proposed to reineorporate,) Nore.— For fees for filing, etc., see note to No. 4, No. 6. The Consolidation of Membership Corporations, (Membership Corporations Law, § 7.) Agreement for Consolidation. This agreement, made the ......day of.......... 189 , between the board of directors of (corporate name), party of the first part, and the board of direc- tors of (corporate name), party of the second part, Witnesseth, that (corporate name), party of the first part, is a corporation organized by (or under) chapter .... of the Laws of 189 , for the purpose of \(state purpose). That (corporate name), party of the second part, is a corporation organized by (or under) chapter....of the Laws of189 , for the purpose of (state purpose), That, in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree to merge and conscfidate such corporations into a single corporation in pursuance of section 7 of the Membership Corporations Law, and under article (state nwmber) of such chapter, - upon the following terms and conditions: First, That the name of the corporation formed by such consolidation shall be (insert corporate name). 432 FORMS. (Follow with recitals required to be made in original certificate of incorporation of a corporation formed under the article to which the new corporation will be subject.) In witness whereof, said parties of the first and second parts have hereunto executed this agreement in duplicate by their boards of directors, respectively, the day and year above mentioned. addater caer ssstetececks comsctarimanen @Seeeeoreeeseeerssereeeeee eereeeeerereee ee Directors of (corporate name). ecciiaecs etnies Faastecatect aaataene rae Directors of (corporate name). STATE OF NEW YORK, CounTY OF SHIGA uty. 3 On hid Ssjiess eA) Of fe cara cote 189 , before me personally came (names of directors of corporation of the first part), directors of (corporate name), to me severally known to be the persons who made and signed the foregoing agreement, and severally acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth. (Signature of notary). (Prepare the same form of acknowledgment for the directors of the corporation of the second part, and annex it thereto.) Verified Copy of Proceedings of Meeting Approving Consolidation. A special meeting of the members of (corporate name) for the purpose of submitting to said members the annexed agreement for the consolidation of (corporate name) with (corporate name), under the name of (insert name of the new corporation), was held at (insert name of place) in the city (village or town) Of oes ey ON Che. 26505 Gay OF ioc e0s.cs 45489); Ab ss e0. OClOCk in theceres noon of that day. The meeting was organized by the election of A. B. as chairman, and C, D. as secretary thereof, respectively. The annexed agreement was thereupon submitted to said members for their approval, and, after consideration, a vote was taken by ballot upon the question of approvirg or rejecting the same, DETERS to section 7 of the Membership Corporations Law. The whole number of votes cast upon said question was (state number), of which (state number) votes were cast in favor of approving such agreement, being three-fourths of all the votes lawfully cast by the members of such cor- poration voting thereon. Thereupon such agreement of consolidation was declared duly approved, in pursuance of section 7 of the Membership Corporations Law, and the meeting adjourned. In witness whereof, we have made, signed and verified the fore- going copy of proceedings this ...... day .........., 189. A. B., Chairman. C. D., Secretary. FORMS, © ~ 483 STATE OF NEW YORK, t sr OUN TRON sacie Meee ces ers 9's . A. B., chairman, and C. D., secretary, being duly and severally sworn, each deposes and says, that he has read the foregoing statement of proceeds ings of a special meeting of the members of (corporate name) for the purpose of considering the question of consolidating such corporation with (corporate name) and knows the contents thereof, and that the same is true and correct of his own knowledge. A. B., Chairman, ©. D., Secretary. Severaily sworn to before me, this ...... : Gay Of: fc2. ease , 189. (Notary’s signature.) (Prepare the same form of statement and verification for the other eon- solidating corporation, and annex the same.) Petition, SUPREME COURT — County or ALBANY, IN THE MATTER OF THE CGRSOLIDATION OF (corporate namey AND (corporate name). The petition of (corporate name) and (corporate name) respectively shows to this court, That (corporate name) and (corporate name), by their respective boards of directors, on the ...... day .........., 189 , entered into an agreement for the consolidation of such corporations into a new corporation, in pursuance of section 7 of the Membership Corporations Law, as follows: (Insert copy qf agrcement.) That such agreement was duly approved at a meeting of each corporation separately and specially called for that purpose, by three-fourths of the votes of the members of each of such corporations, lawfully cast at such meeting, as appears by the verified statements of the chairman and secretary of each of such meetings, respectively, hereunto annexed, and made a part of this petition. The property of (corporate name) is as follows: (specify property); the liabilities of such corporation are as follows (specify liabilities); the amount and sources of the annual income of such corporation are as follows: (Specify amount and sources of annual income.) ; (Make the same recitals as to the other consolidating corporation.) 4354 FORMS. Wherefore, your petitioners pray for an order consolidating such corpora- tions in accordance with the terms and conditions of the agreement hereunto annexed, in pursuance of section 7 of the Membership Corporations Law. Dated this eeeoeoe day of eee e802 eg 189 e seletcdtesdedesvas eventacede ues teats Sees eh eee ete cs ektenevecausetcre Directors of (corporate name). dasciowasese esetasts sees eh eehess.e Directors of (corporate name). STATE OF NEW YORK, COURTY/OR eee cis se MiG : \ “fin (Names of directors of one of the consolidating corporations), directors of (corporate name), being duly and severally sworn, each deposes and says, that he has read the foregoing petition subscribed by him, and knows the contents thereof and that the same is true and correct. eee COOHSHS LOSES SSEHSSSSFSSSSSESOSOSSOEODS SSO e estes esSHSHSHSSSHHSHHHHHHSSHEHHHEOE Directors of (corporate name). Severally sworn to before me, this .....- day of CeCSTOC THCY 189 e ; (Signature of notary.) (Prepare same verification for the directors of the other consolidating corporation.) Order. At a Special Term of the Supreme Court, held at ....00.+. On the ....-. day of 2seeeeeeeeeeesy 189 e Present — Hon. (name of justice), SS ‘ In THE MATTER OF THE CONSOLIDATION OF (corporate name) AND (corporate name), PLA Seeder en Petition having been made to this court in pursuance of section 7 of the Membership Corporations Law, for an order consolidating (corporate name) and (corporate nam) and it appearing from such petition that such corpora- tions have duly entered into an agreement for the consolidation thereof and that the samo has been duly approved by three-fourths of the votes lawfully cast at a meeting of cach of such corporations, separately and specially called for that purpose, and having heard .....6, ee. «+... in favor of such petition FORMS. 435 and .......2...... Im Opposition thereto, now on motion of ed yale Paes i are attorney for (corvorate name) : ‘ Ordered, That upon the entry of this order in the county clerk’s office of tho.coanty Of 6S iteesa sis xe , such corporations shall be consolidated into a new corporation as provided by section 7 of the Membership Corporations Law, upon the following terms and conditions: (Insert terms and conditions.) Dated SCCSSSCSOESSS Gt eseseeese (Signature of the justice of the Supreme Court.) Notz. — Upon entry of the order the consolidation is effected, No. 7%. Supplemental Certificate Designating Trustees, (Membership Corporations Law, § 10.) We, the undersigned, A. B., chairman, and C. D., secretary, respectively, of a regular or (regularly called) meeting of the members of (insert corporate naine), a membership corporation heretofore organized, held for the purpose of designating (state number, not less than five nor more than Jifteen) of its directors to be the trustees of its property until the next annual meeting, pur- suant to section 10 of the Membership Corporations Law, do hereby certify: That the meeting was organized by such members choosing the under- signed, A, B., as chairman, and the undersigned, C. D., as secretary. That a vote was then taken of those present, in person or by proxy, upon the proposition to designate (state number, not less than Jive nor more than Jifieen) of its directors to be the trustees of its property until the next annual meeting. That the following resolution was offered : “‘ Resolved, That (insert the names of not less than Jive nor more than fifteen directors) directors of (corporute name), be the trustees of the prop- erty of such corporation until the next annual meeting thereof, and that the officers of this meeting be authorized and directed to execute and file a sup- plemental certificate of such designation, in pursuance of section 10 of the Membership Corporations Law.” That such resolution was adopted by a majority vote of all the members of such corporation present and voting at such meeting, either in person or by proxy. That such resolution was thereupon declared adopted. In witness whereof, we, the undersigned, chairman and secretary, respectively, of said meeting, hereby make, sign, verify and acknowledge this certificate in duplicate, and hereby certify that the foregoing is a true and correct certificate of the pro- ceedings of such meeting. Dated this ....0. day Of .veccccsecces 189 A. B., Chairman. C. D., Secretary. 436 FORMS. STATE OF NEW YORK, \ Pray COUNTY? OB Gicicsclccleve orele ae) eie) oi: ¥ A. B., chairman, and C. D., secretary, being duly and severally swo-., each deposes and says, that he has read the foregoing certificate subscribed by him, and knows the contents thereof, and the same is true and correct of his own knowledge. : A. B., Chairman. GC. D., Secretary. Severally sworn to before me, this ...e0- , day Of ceveveverescees 189 . (Stgnature of notary.) STATE OF NEW YORK, } 5, COUNTY OF ©eOOSCHHT SEE OESHHOHESSS On this ...... day Of .......seeeeee, 189 , before me personally came (insert names of chairman and secretary), to me severally known to be the persons described in and who executed the foregoing certificate, and severally acknowledged to me that they executed the same. (Signature of notary.) Nors.— Fees for recording in office of Secretary of State, 15 cents per folio; for filing in county clerk's office, six cents, and for recerding, 10 cents per folio, No. 8. Supplemental Certificate Changing the Number of Directors. (Membership Corporations Law, §14.) We, the undersigned, a majority of the directors of (state corporate name), a membership corporation heretofore incorporated, desiring to change the number of its directors, pursuant to section 14 of the Membership Corporations Law, do certify as follows : That such corporation was organized for the purpose of (state purpose). That an annual meeting of such corporation was held on the ...... day OTe aes Sater vc That at such meeting the members of such corporation by a majority vote determined to change the number of its directors therein (state existing nwm- ber) to (state the number to which ét is proposed to change), as more fully appears by the certificate of the chairm in and secretary of such mecting hereto annexed and made part of this certificate. In witness whereof, we have made, signed and acknowledged this certificate in duplicate, Dated this,..... day of eeeoeevereeoeerg 189 e (Signatures of a majority of the directors.) FORMS, 437 STATE OF NEW YORK, bss. COUNTY OW etss oaestion t,o. ‘ On this :.....day of .........., 189 , before me personally came (insert names of directors signing the certijicate), to me personally known to be the persons described in and who made and signed the foregoing certificate‘and severally duly acknowledged to me that they made, signed and executed the same for the purposes therein set forth. (Signature of notary.) Certificate of Chairman and Secretary of the Meeting. We, the undersigned, A. B., chairman, and C. D., secretary, of an annual meeting of the members of (state corporate name) held on the ...... day Of ...........+, 189 , do hereby certify as follows: That a meeting was organized of such members by choosing the under- signed A. B. as chairman, and the undersigned C. D. as secretary. That a vote was then taken by those present in person or by proxy upon the proposition of changing the number of the directors of the corporation from (state existing number) to (state the number which a corporation created under the Membership Corporations Law for the sume purpose is authorized to have), pursuant to section 14 of the Membership Corporations Law. That the following resolution was offered: “Resolved, That the directors of (insert corporate name) be authorized and directed to file a supplemental certificate changing the number of trustees of (state corporate nume) to (state number proposed), in pursuance of section 14 of the Membership Corporations Law.” That such resolution was duly adopted by a majority vote of all of the members of such corporation present at such meeting, and voting either in person or by proxy thereon. DIR TI ores 01 GRY OF. > Coscaeee ee 100) A. B., Chairman, C. D., Secretary. STATE OF NEW YORK, : 88.2 IOMINER. OU te Sonie's sews vine a X63 A. B., chairman, and C. D., secretary, being severally duly sworn, each deposes and says, that he has read the foregoing certificate subscribed by him, and knows the contents thereof, and that the same is true and correct of his own knowledge, A. B., Chairman. C, D., Secretary, Severally sworn to before me, this ...... } FAY Of isso es scenes ion! (Signature of notary.) Norg — For few. for filing and recording, see note to No. % 438 FORMS. No. 9. Supplemental Certificate Changing Time of Annual Meeting, (Membership Corporations Law, § 15.) We, the undersigned, A. B., chairman, C. D., secretary, respectively, of an annual (or special) meeting of the members of (corporate name), a member- ship corporation heretofore incorporated by or under chapter ....- of the Laws (ye BAG Ich ..., 189 , do certify that the following isa true and correct tran- script of a portion of the minutes of such meeting relating to changing the time of the annual meetings of the corporation, pursuant to section 15 of the Membership Corporations Law: ‘Minutes of an annual meeting (or @ special meeting duly called for the purpose of changing the time of the annual meeting) of the members of (sor- porate name), held on the ...... day Of ......, 189 , ab .--0-- o’clock in the forenoon. The meeting having been called to order, and organized by the election of A. B. as chairman and C. D. as secretary of the meeting: Upon motion, duly seconded, a vote was taken upon the following resolution: «“ Resolved, That the time of the annual meeting of the (corporate name) be changed from (existing date) to (proposed date), in pursuance of section 15 of the Membership Corporations Law; and that the president and secretary of the meeting be authorized and required to file a certificate of a transcript of the minutes of the meeting, in accordance with such section.” Such resolution was adopted by a vote of (state number) of the members of the corporation, there being (state number) vote against its adoption. Thereupon the resolution was declared duly adopted.” In witness whereof, we have made, signed, verified, acknowledge 1 and filed this certificate in duplicate, this ...+++. day of eeooret ects 189 ° A. B., Chairman. C. D., Secretary. STATE OF NEW YORK, bent COUNTY OF .cccccccccocccorers : A. B., chairman, and C. D., secretary, being duly sworn, each deposes and says, that he has read the foregoing certificate subscribed by him, and knows the contents thereof, and that the same is true and correct of his own knowledge. | A. B., Chairman. CO. D., Secretary. Severally sworn to before me, this cesccu day of eeh eo peeate ths cet es 189 e : (Signature of notary.) FORMS, 439 STATE OF NEW YORK, CouNTY OF .ccccccecseseees a On this ........ day of ...... ..., 189 , before me personally came A. B, and C, D., to me known to be the persons described in and who made and signed the foregoing certificate and severally duly acknowledged, to me that they made, signed and executed the same for the purposes therein set forth. (Signature of notary.) Norz.—For fees for filing, etc., see note to No. 7. No. 10. Certificate of Incorporation under Article 3 (Membership Corporations Law, § 31.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, desiring to form a membership corporation pursuant to article 2 of the Membership Corporations Law, do hereby make, sign, acknowledge and file this certificate for such purpose as follows: First. The name of the proposed corporation is (state corporate name), Second, The particular objects for which the corporation is to be formed are (state vbjects), Third, The territory in which the operations of the corporation will be principally conducted is (briefly describe territory). Fourih. The principal office of the corporation is to be located in the town (village or city) of (state name of town, village or city). Fifth, The number of its directors shall be (state number, not less than three nor more than thirty). Sixth. The names and places of residence of the persons to be its directors until its first annual meeting are as follows: Names. Places of residence, SCeeeeereeererseeeeeseoeese PHSH THF OHSS EH SHOE HEHEHE OEE EESDE Seventh. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held). In witness whereof, we have made, signed, acknowledged and filed this certificate in duplicate. Dated this eeeveee day of ee 189 e (Signatures of incorporators, not less than five.) STATE OF NEW YORK, t fy COUNTY OF ..coccccccnesscotes On this ...... day of .....0... , 189 , before me personally came (énsert names of subscribers to certificate), to me personally known to be the persons described in and who made and signed the foregoing certificate and severally duly acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth, (Signature of notary.) 440 FORMS. Certificate of Justice. I hereby approve of the foregoing (or within) certificate and of the filing thereof, (Signature of justice of the Supreme Court .) (Uf the approval of the Siate Board of Charities is required pursuant to section 81, add such approval.) Nors.—Fees for recording in tho office of the Secretary of State are 15 cents per folio. In the office of the county clerk, filing, six cents; recordirg, 10 cents per folio. LIES s No. 11. Certificate of Incorporation of Cemetery Corporation. (Membership Corporations Law, § 41.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, desiring to form a cemetery corporation, pursuant to article 8 of the Memtership Corporations Law, do hereby make, sign and acknowledge and file this certificate for such purposes, as follows: First. The name of the proposed corporation is (state proposed name). Second. The cemetery of such corporation is to be situated in the county or counties Sf (state the name of each county in which any part of the cemetery is to be situated), in the town (city or village) of (state the name of each town, eity or village in which any part of the cemetery is to be situated). Third. The number of directors of the corporation shall be (state number, either six, nine, twelve or fiftcen). , Fourth. The names of the persons to be its directors until the first annua meeting are (state names of one-third of the directors), the names of the persons to be its directors until the second annual meeting are (state names of one-third. of the dircctors), and the names of the persons to be its directors until the third annual meeting are (state names of one-third of its directors). Fifth. The date for holding the annual meeting of such corporation shal! be (state day of the month when it is proposed to hold the annual meeting). Siath. Of the surplus proceeds of sales of lots, after payment of the pur- chase price of the real property of the corporation .... per cent. shall be invested by the directors as a permanent fund, the income of which shall be used for the improvement, preservation and embellishment of the cemetery grounds and for no other purpose. (The insertion of this proposition 1s optional with the incorporators.) In witness whereof, we have made, signed, acknowledged and filed this certificate in duplicate. Dated this ...... day of ... ...eees 18003 (Signatures of incorporators, not less than seven.) FORMS. 441 STATE OF NEW YORK, ),,, COUNTY OF......... a con ae On thintiy ats + COSY Ol aici Won ns 189 , before me personally came (insert names of subscribers to certificate), to me personally known to be the persons described in and who made and signed the foregoing certificate atd severally duly acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing (or within certificate) and of the follow- ing thereof. (Signature of a justice of the Supreme Court.) For fees for filing and recording, see note, form No. 10, 8 ere No. 12. Certificate Changing the Number of Directors of Cemetery Corporation. (Membership Corporations Law, § 44.) We, the undersigned, a majority of the directors of the (state corporate name), a cemetery corporation, incorporated by or under chapter .... of the Tiaaws of 18, desirmmg to change the number of directors thereof in pursuance of section 44 of the Membership Corporations Law, do hereby make, sign, acknowledge and file this certificate for such purposes as follows : First. The number of directors which such corporation now has in pur- suance of law is (state number). Second. The number of directors which the corporation shall hereafter have shall be (state number, either six, nine, twelve or fifteen). In witness whereof, we have made, signed, acknowledged and filed this certificate in duplicate. Dated this’ .c.. Gay Of) 5. cdees 25g 100 y.0 (Signatures of a majority of directays.) STATE OF NEW YORK, pay WOUNTY: ON jceicciec scot Chad: Ones. GAY. Ol cies as os , 189 , before me personally came (insert the names of subscrebers to certificate), ¢0 me personally known to be the same persons described in and who made and signed the foregoing certificate and severally duly acknowledged to me that they made, signed and executed the same for the uses and purposes thesein set forth. (Signature of notary.) Norz.—For fees for filing and recording, see note to form No.7. 449 FORMS, No. 13. Certificate of Incorporation of Private Cemetery Corporation. (Membership Corporations Law, § 56 ) We, the undersigned, A. B., chairman, and C. D., secretary, of a meet- ing of the proprietors of a private cemetery, held on the ...... day of..........,5 189 , in pursuance of section 56 of the Membership Corporations Law, do certify as follows: First. That at such meeting not less than seven of the propr-etors of such private cemetery were present. Second. That it was determined thereat by the concurring vote .... (sta‘e number, notless than seven) of such proprietors to become incorporated as a private cemetery corporation pursuant to section £6 of the Membership Corporations Law, under the corporate name of (state name adopted). Third. That at such meeting, such proprietors elected three of their number to be directors of such corporation, for a term of five years. Fourth. The names and places of residence of the persons so electi d directors are as follows: (State name and place of residence.) Fifth. The cemetery of such corporation is bounded and described as follows: (Insert description of the lands set apart which shall not be more than three acres in extent.) In witness whereof, we have made, signed, acknowledged, verified and filed this certificate. Dated this eeveeeer day of eeerereres eg 189 s A. B., Chairman. C. D., Secretary. STATE OF NEW YORK, t 93. COUNTY.OB Aerts ticercni nee ee A. B., chairman, and C. D., secretary, being severally duly sworn, (leposes and says, each for himself, that he has read the foregoing certificate subscribed by him, and knows the contents thereof, and that the same is true and correct of his own knowledge. A. B., President. C. D., Seeretary. Severally sworn to before me, this ...... i GAY OL. + teseceecs Logins (Signature of notary.) STATE OF NEW YORK, 82.8 GOUNTY, OF cn ceases tishoserteccs t On this <..7..¢,day of oe... s ....-, 189 , before me personally came (insert names of chairman and secretary), to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth. (Signature of notary.) Norr.— Certificate sh uld be filed in boon clerk's office only. The feas for filing are atx cents; ROCOr ots; 20 cents per folio. , FORMS 443 No, 14. Certificate of Incorporation of Fire Corporation. (Membership Corporations Law, § 65.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States and one of whom is a resident of tlie State of New York, desiring to form a fire (hose, protective or hook and ladder) corporation, in pursuance of section 65 of the Membership Corporations Law, do hereby make, sign acknowledge and file this certificate for such pure poses, as follows: First, The name of the proposed corporation is (state name), Second. The particular object for which the corporation is to be formed is (state object). Third. The corporation proposes to act in the city (village or town) of (state name). Fourth. The number of its directors shall be (state number). Fifth. The names and places of residence of the persons to be its directors until the first annual meeting are as follows: Names. Places of residence, SCSOSSS 28 COSHH HTHHHSHSESHSSE*SOD SOSSCHS EOE FF SHHL SS ST SSSHHT HOSED SSTSSSSHSTSEHSSCSHTESESSHSHHSSHF OGG OSS SPOS+OCSSSTSSSSTSSSFTOSeeSSseeeeeeese In witness whereof, we have made, signed, acknowledged and filed this certificate in duplicate. Dated this eceroeoe day of . Peng eeeg 189 ° (Signatures of incorporators, not less than ten.) STATE OF NEW YORK, \ CouNTY SRG lc wee ICD Pete On this ...... day of .....0...., 189 , before me personally came (insert the names of the subscribers to certificate), to me personally known to be the persons described in, and who made and signed the foregoing certificate and severally duly acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice, Thereby approve of the foregoing (or within) certificate and of the filing thereof. (Signature of justice of Supreme Court.) If such corporation is in a city, the approval of the mayor is necessary, in the following form: I hereby approve of the foregoing (or within) certificate of incorporation and of the filing thereof. . (Signature of the mayor of the city.) 444 FORMS. ‘If such corporation is to act in a village or town, a certified copy of the resolution of the board of trustees of such village, or the town board of such town, as the case may be, shall be annexed to the certificate, as follows: I, A. B., clerk of the village (or town) of ......2200 +»+-+see02, dO hereby certify that at a meeting of the board of trustees of such village (or town board of such town), a resolution, of which the following is a true and correct copy and of the whole thereof, was duly adopted: WHEREAS (slate name of persons proposing to incorporate) propose to form a fire (hose, protective or hook and ladder) corporation in pursuance of section 65 of the Membership Corporations Law, to act in the village (or town) GLieetist seule sa sshe'y Resolved, That the board of trustees of the village (or town board of the COW) OF So ieicves os seeeeeeeey hereby consent to the formation of such corpo- ration for the purposes aforesaid. Dated this pecoms ORY Olicsccessnences (A. B., Clerk of village or town) of seeeeSCeoOVeeoosd Nors.— For fees for filing and recording, see note to form No, 10, No. 15. Certificate of Incorporation of Corporation for the Prevention of Cruelty. (Membership Corporations Law, § 70.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, desiring to form a corporation for the prevention of cruelty to children (or cruelty to animals), pursuant to Article V of the Mem- bership Corporations Law, do hereby make, sign, acknowledge and file this certificate for such purposes, as follows: First. The name of the proposed corporation is (state corporate name). Second, The particular object for which the corporation is to be formed is (stute object). Third. The operations of the corporation are to be conducted in the county of (state name), and there is no corporation in such county for the purpose of conducting such uperations therein. Fourth. The principal office of the corporation is to be located in the town (village or city) of (state name). Fifth. The number of its directors shall be (state nwmber, not less than five nor more than thirty). Siath. The names and places of residence of the persons to be its directors until its first annual annual meeting are as follows: Names, Places of residence, EOSSSSSCSOSTOSSC EEE FHSS HESHESESEOSCE SSCS OC OSE HSHETETEH IO EOOO~ Ce OSESE CESK SHHEHSTHSHS SSS SH SSSSSSSTSV OVTSCE SOSSH TC SOCS EH SES ES OCOOSESES ESTES *E ESE FORMS. 445 Seventh. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held), In witness whereof, we have made, signed, acknowledged and filed this certificate in duplicate Dated this Weses< day Offs.) catcee tee ec, 189 (Signatures of incorporators, not less than five.) STATE OF NEW YORK, bss. CouNTY OF telorele ob -sts eliveleicie svete Omaha Feees « GAYTOL ee ies cdcess 023189 » before me personally came (insert names of subscribers to certificate), to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. Thereby approve of the foregoing (or within) certificate and of the filing thereof. (Signature of the justice of the Supreme Court of the judicial district in which the place of business or prineipal office of such corporation ts to be located). The annexed certificate is hereby approved by the New York Society for the Prevention of Cruelty to Children (or the American Society for the Pre- vention of Cruelty to Animals), power to express such approval having been delegated to me as president of such society by the board of directors thereof, (Signature of president.) Norz.— For fees for Ming and recordine, sea note to form No. 10. ' Notice of Application to Court. To A. B., president of the New York Soriety for the Prevention of Cruelty to Children (or the American Society for the Prevention of Cruelty to Animals); Take notice: That application having been made to such society ON UON. ance CLAY Ol cn ss 6 --- 189 , for the approval of the certificate of incorporation of the (state name of society) and such approval not having been given within thirty days after the date of such application, we hereby give notice that on the ...... day of .........., 189 , we will apply to (state name of justice of Supreme Court who approved certificate) for his approval authoriz- ing the filing thereof, notwithstanding the disapproval of such society. Dated this ...... day of .........., 189 (Signatures of persons proposing to incorporate.) © 446 FORMS, No. 16. Certificate of Incorporation of Hospital Corporation. (Membership Corporations Law, § 80.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States and one of whom is a resident of the Stato of New York, desiring to form a hospital corporation pursuant to article VI of the Membership Corporations Law, do hereby make, sign, acknowledge and file this certificate for such purposes, as follows: First. The name of the proposed corporation is (state corporate name). Second. The particular object for which the corporation is to be formed is (state an object authorized by section 80 of the Membership Corporations Law). Third. The principal office of the corporation is to be located in the town (village or city) of (state name). Fourth. The number of its directors shall be (state number, not less than three nor more than thirty). Fifth. The names and places of residence of persons to be its directors until its first annual meeting are as follows: Names, Places of residence, SCOSSSO SEE SESOSSESOHLSSSSOHSOSOOOS SOSSSO SSE ESE HEH ES HSS HSE ED SSSOOD SCOSCSSHSSEESHSSHSSSHE SSS SOHSHHSOSD SSOSCSE SESE HH EEE HESEHSHHOTERESSOHe Sixth. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held). Seventh. (The certificate may, if it so desired, specify the qualification of members with respect to adherence or non-adherence to a particular school or theory of medical or surgical treatment, and the systems of medicul practice or treatment to be used or applied in such hospital, infirmary, dispensary or home.) In witness whereof, we have made, signed, acknowledged and filed this certificate in duplicate. Dated this coee day of ( CFPC SOE OOD 189 e (Signatures of incorporators, not less than five.) STATE OF NEW YORK, 2.8 CouNTY GL AIR On this .... day of ....++.++. 189 , before me personally came (insert names of subseribers to certificate), to me personally known to be the persons described in and who made and signed the foregoing certificate and severaily duly acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth. (Signature of notary.) FORMS. A447 Certificate of Justice. I hereby approve of the foregoing (or within) certificate and of the filing thereof. (Signature of the justice of the Supreme Court of the judicial district in which the principal office or place of business of such corporation shall be located.) (Add approval of State Board of Charities.) | Notx,— For fees for filing and recording, see note to form No. 10, Now td. Certificate of Incorporation of a Christian Association, (Membership Corporations Liw, § 90.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States and one of whom is a resident of the State of New York, desiring to form a young men’s (or young women’s) Christian association, pursuant to article 7 of the Membership Corporations Law, do hereby make, sign, acknowledge and file this certificate for such pur- pose, as follows: First, The name of the proposed corporation is (state corporate name), Second. The particular objects for which the corporation is to be formed are (state objects), Third, The principal office cf the corporation is to be located in the town (village or city) of (state name.) Fourth. The number of its directors shall be (state number, not less than five nor more than thirty.) Fifth. The names and places of residence of the persons to be its directors until its first annual meeting are as follows: Names, Places of residence. _ SPOOF FS SSSHSLFTE SESS £04846 64 SSE | hh ts ee Y Cerrerrcedeccccecesescccccccecos SOSTESH ESTES TH ESS OHO ES ORES EE EOE ED Sixth. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held). Seventh. The names of its trustees are (state names of six persons to be its trustees, each of whom shall be a member of some Protestant Evangelical denomination, and not more than two ef whom shall be members of any one denomination). In witness whereof, we have made, signed, acknowledged and filed this certificate in duplicate. Dated this seeeee GAYiOL dba wads oes 05 100.0 (Signatures of not less than twenty men, if a Young Men’s Christian Association, and not less than twenty women, if a Young Women’s Christian Association.) 448 FORMS, STATE OF NEW YORK, t ss e COUNTY OF ...ccccesssscccccs On this .. ..day of ........++++, 189 , before me personally came (insert names of peers to certificate), to me Seton known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed and executed the same for the uses and purposes therein set ferth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing (or within) certificate and of the filing thereof. (Signature of a justice of the Supreme Court.) Nots.— For fees for filing and recording, see no‘e to form No. 10, No. 18. Certificate of Incorporation of Bar Association, (Membership Corporations Law, § 100.) We, fhe undersigned, all being persons of full age, at least two-thirds ‘of whom are citizens of the United States, and one of whomis a resident of the State of New York, and all of whom are attorneys or counselors of the Supreme Court of the State of New York, in actual! practice, and residing or having their office in the county of (state numeof county), desiring to form a bar association in pursuance of article VIII of the Membership Corporations Law, do hereby make, sign, acknowledge and file this certificate for such purposes as follows: First. The name of the proposed corporation is (state corporate name). Second. The particular objects for which the corporation is to be formed — are (state objects). Third. The county in which its operations are to be conducted is (state name). Fourtit. The principal business office of the corporation is to be located in the town (village or city) of (state name). Fifth. The number of its directors shall be (state number, noi lessthan three nor more than thirty). Sixth. The names and places of residence of the persons to be its directors until its first annual mecting are as follows: Names. Places of residence, SOSSSSSSHEHSSHSHESHT EHH HES HSSHESESHOSE SOOSS SH SHEE EHS HSHEHSE SEH EHH ES SESEO Cee Soeeeresseeereeeereoreseeee eer SCHOOHSSSE ESSE HSH TEHEHEHE HE SEHESHE SESE Seventh. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held). In witness whereof, we have made, signed, acknowledged and filed this certificate in duplicate, Dated.this ...... day of .....656... 5) LB0""s (Signatures of not less than nine attorneys residing or having their offices in the same county and in actual practice therein.) FORMS, 449 STATE OF NEW YORK, t mau? COUNTY OW, woseciek ohh oe eh es On this ...... day of ...........+, 189 , before me personally came (insert names of subscribers to certificate), to me personally known to be the persons described in and who made and signed the foregoing certificate and severally duly acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice, IT hereby approve of the foregoing (or within) certificate and of the filing thereof. (Signature of a justice of the Supreme Court.) Nors.—For fees for filing and recording, see note to form No. 10, No. 19. Certificate of Incorporation of Veteran Soldiers and Sailors’ Association, (Membership Corporations Law, § 110.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the Slate of New York, and all of whom are honorably discharged soldiers and sailors of the Union army or navy, (or the male descendants of such soldiers and sitlors), desiring to become incorporated as a veteran soldiers and sailors’ association pursuant to article IX of the Membership Corporations Law, do hereby make, sign, acknowledge and file this certificate for such purposes, as follows : First. The name of the proposed corporation is (state corporate name). Second. The particular objects for which the corporation is to be formed are (state objects). Third. The principal office of the corporation is to be located in the town (village or city) of (state name). Fourth. The names and places of residence of the persons to be its directors until the first annual meeting are as follows: Names, Places of residence, SSOP OHSS AHIAEC ESO OL EOE EES E OSES POCO CC CO CO Oder ete eee C88 eS eese COP OSOHE CH OHE OLE ELEC CEO: Ceeseee COCO C OHO OE Oe Eee ererereoeooocCCS (Insert the names and residences of fifteen persons.) Tifih. The date for holding its annual meeting shall be (state the day of the month on which tits annual meeting is to be held), In witness whereof, we have made,'signed, acknowledged and filed this certificate in duplicate. (Signatures of not less than twenty-five honorably discharged soldiers and sailors, or the male descendants thereof.) Dated this ...... dayof .. ......., 189, 450 FORMS, ; STATE OF NEW YORK, bss : CouNTY OF eoeeeeoereoeeee ee ey ; On this ...... day of .........., 189 , before me personally came (insert names of subscribers to certificate), to me personally known to be the persons described in and who made and signed the foregoing certificate and severally duly acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing (or within) certificate and of the filing thereof. (Signature of justice of the Supreme Court.) Norz.— For fees for filing and recording, see note to form Ne. 10. ees ee eS No. 20. Cortificate of Incorporation of Soldiers’ Monument Corporation. (Membership Corporations Law, § 120.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, desiring to forma soldiers’ monument corporation, plir- suant to article X of the Membership Corporations Law, do hereby make, sign, acknowledge and file this certificate for such purposes, as follows: First. The name of the proposed corporation is (state name). Second. The particular object for which the corporation is be formed is tu (state object). Third. The principal office of the corporation is to be located in the town (village or city) of (state name). Fourth. The number of its directors shall be (state number, not less than six nor more than twelve). . Fisth. The names and places of residence of the persons to be its directors until the first annual meeting are as follows: Names. Places of residence. SCOOCOSEHAOETE EH THSHSHSSOOD ee. eee Sesssseosessee ses esesoes oP eeceseeo eeoeeeeoeaaaveeoeeee 8 eeeeeeeoe eseereooee ee Seer eS SSeS SOVPSSSoSe Sixth. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held). In witness whereof, we have made, signed, acknowledged and filed this certificate in duplicate. Dated this seeveroe day of eeeoere eer 189 . (Signatures of incorporators, not less than three.) FORMA, 451 STATE OF NEW YORK, Cdunry) orl, SrA sae On this ...... day of ... ......, 189 , before me personally camé (insert names of subscribers to certificate), to me personally known to be the persons described in and wixo made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice, Thereby approve of the foregoing (or within) certificate and of the filing thereof. (Signature of a justice of the Supreme Court.) Nozs.— Yor fees for filing and recording, see note to form No. 18, No. 21. Certificate of Incorporation of Board of Trade, (Membership Corporations F.aw, § 180.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, desiring to form a board of trade corporation, pursuant to article XI of the Membership Corporations Law, do hereby make, sign, acknowledge and file this certificate for such purposes, as follows: First, The name of the proposed corporation is (state corporate name). Second. The particular object for which the corporation is to be formed is (state object). Third. The principal office of the corporation is to be located in the town (village or city) of (state name). Fourth, The number of its directors shall be (state number, not less than five). Fifth. The names and the places of residence of the persons to be itg directors until the first annual meeting are as follows: Names, Places of residence, POCSCHOE FFF EOE TEKH HHDESCESE SOSSCEESH HHT HEHEHE H EEE HESS SHOE SSCS SH HESS H HERETO HESEOOOSD PPE SSCSSSSHEETSTH ESS ESHHHEHSHHE SSE SEES EEO ES Stath. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held). In witness whereof, we have made, signed, acknowledged and filed this certificate in duplicate. Dated this ...... day of eee eaeery 189 . (Signatures of ineorporators, not less than five.) 452 FORMS, ~ STATE OF NEW YORK, t ss.e COUNTY OF Si sccoceese eee Line On this ...... day of... ..., 189 , before me personally came (insert names of subscribers to certificate), to me personally known to be the persons described in and who made and signed the foregoing certificate and severally duly acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth, (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing (or within) certificate and of the filing thereof, (Signature of a justice of the Supreme Court.) WNorz.— For fees for filing and recording, see note to form No. 10. ee ad No. 22. Certificate of Incorporation of Agricultural Corporation, (Membership Corporations Law, § 140.) We, the undersigned, all being persons of full age, at least two-thirds of whom are citizens of the United States, and one of whom is a resident of the State of New York, desiring to form an agricultural corporation for the county or town of (state name) (or the towns of ........, naming two, three or four towns), pursuant to article XII of the Membership Corporations Law, do hereby make, sign, acknowledge and file this certificate for such purposes, as follows: First. The name of the proposed corporation is (state corporate name), Second. The particular objects for which the corporation is to be formed are (state objects). Third. ‘The territory in which the operations of the corporation will be conducted is the county (or town or towns) of (state name, but if for more than one town, not more than four towns can be named ). Fourth. There is not any other incorporated county agricultural society in such county (or town, as the case may be), (but if the society is formed for two or more towns, this recital is unnecessary). Fifth. The principal office of the corporation is to be located in the town (village or city) of (state name). Sixth. The number of its directors shall be (state number, not less than sia nor more than twelve). Seventh. The names and places of residence of the persons to be its direct- ors until its first annual meeting are as follows: Names, Places of residence, SOSCHSESESHHHSHHEE EH HFSS SHOSSSSSOSOO SOS CC STEHT SETHE SHEET EE SHEE EHESD COSSSSHSEHSS SH SHSH HS. CSPHH1S CTS SE SO SVSSSCOCH SESS HESESS SHH SESE HEE STEED COUNT WOR eseesetsccviesiiee.cts ‘FORMS. 453 Eighth. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held). In witness whereof, we have made, signed, acknowledged and filed this certificate in duplicate. Dated this ...... day of .....6...+. ap Fo Gs is (Signatares of ineorporators, not less than ten.) STATE OF NEW YORK, ; ay On this ...... day of .......-++-seee, 189 , before me personally came (insert name of subscribers to certificate) to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally duly acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth. (Signature of notary.) Certificate of Justice. I hereby approve of the foregoing (or within) certificate and of the filing thereof. (Signature of a justice of the Supreme Court.) Nors.— For fees for filing and recording, see note to form No. 10, No. 28. Removal of Human Remains, (Religious Corporations Law, § 8.) We, the undersigned, a majority of (corporate name), a religious corpora- tion organized by (or under) chapter ... of the Laws of 18...., hereby deter- mine to remove the human remains buried in (describe cemetery), a cemetery owncd by such corporation, to (describe cemetery), another cemetery owned by such corporation, in pursuance of section 8 of the Religious Corporations Law. Dated err ere rere eee) are (Majority of the trustees.) STATE OF NEW YORK, ; Pa of COUNTY OF ..cccccscccovcccces On this .....2 day Of ..ccccesseeeee, 189 , before me personally came (names of trustees subscribing determination), to me personally known to be the persons who made and signed the foregoing determination and severally acknowledged to me that they made, signed and executed the same for the purposes therein set forth. (Signature of notary.) We, the undersigned, being three-fourths of the members of (corporate name), qualified to vote at its corporate meetings, hereby consent to the removal of the human remains buried in (describe cemetery) to (describe cemetery), in accordance with the foregoing determination of the trustees of such corporation. (Signatures of three-fourths of members of the corporation.) 454 FORMS, STATE OF NEW YORK, t Po COUNTY OB 5s ioe cicotomisse terete A On this ...... day of ...... «s+..., 189 , before me personally came (state names of menbers subscribing certificate), to me personally known to be the persons who made and signed the foregoing certificate of approval, and severally duly acknowledged to me that they made, signed and executed the same for the purposes therein set forth, (Signature of notary.) (Or if such consent is not given, a special meeting of the corporation should be called and the minutes thereof attached to such determination aid filed therewith in the county clerk’s office.) Minutes of Special Meeting. We, the undersigned, A. B., chairman, and C. D., secretary, of a special meeting of all the members of (corporate name), held on the ...... day OLm aeeisis che sesciey 109.) p, Abuse O Clock im theta. noon, for the purpose of considering the determination of the trustees of such corporation to remove the human remains buried in (describe cemetery) to (describe cemetery) do certify as follows: That the meeting was duly organized by the election of A. B, as chair- man, and C. D. as secretary thereof, respectively. Uf such religious corporation is an incorporated church, a statement should be here made, that proof of the publication of the notice of such meeting had been made for four weeks was read by the chairman.) Thereupon the following resolution was offered: *‘Resolved, That the trustees of (corporate name) are hereby authorized to cause the human remains buried in (describe cemetery) to be removed to (describe cemetery) in accordance with their determination made on the ...... day of ...++e.++s, 189 , in pursuance of section 8 of the Religious Corporations Law.” That the whole number of votes cast upon such resolution was (state number), of which (state nwmber) votes were cast in favor thereof, being three« fourths of all the votes cast by the members of such corporation present at such meeting and voting thereon. Thereupon such resolution was declared duly adopted in accordance with section 8 of the Religious Corporations Law, and the meeting adjourned. In witness whereof, we have executed, acknowledged, and verified this certificate, this ..ese. day Of secccese. , 189. A. B., Chairman, C. D., Secretary. STATE OF NEW YORK, 88.2 CouNnTY OF eeeeeeeseeeereeeenyg On this ...... day of ...... ..-, 189 , before me personally came A. B, and C. D., to me personally known to be the persons who made and signed the foregoing certificate and severally acknowledged to me that they made, signed and executed the same for the purposes therein set forth. (Signature of notary.) - STATE OF NEW YORK, ‘ CounTY OF...... ues 2 ).Y, sk \ ea. A. B. and GC, D., being duly sworn by me, each deposes and says, that he has read the foregoing certificate subscribed by him and knows the contents thereof and that the same is true and correct of his own knowledge. A. B., Chairman. C. D., Secretary. Severally sworn to before me, this ...... } day of eererooee “9 189 . (Signature of notary.) Notice of Meeting for Church, Notice is hereby given that a special meeting of (corporate name) will be held at ......-. on the uisa.e- day of .........-, 189 , for the purpose of con- sidering the determination of the boar of ae of ace incorporated church to remove the human remains buried in (describe cemetery) to (describe cemetery), in accordance with section 8 of the Religious Corporations Law. Dated. eeeeeoeee eer eeSe® (Majority of the trustees.) STATE OF NEW YORK, COUNTY OF....... scar bat E. F., being duly sworn, deposes and says, that the annexed printed notice was published in the (name newspaper), a newspaper of the city (village or town in which the cemetery from which the removal is proposed to be made is situated) once each week for four successive weeks, the first publication thereof being made on the ...... AYO ids lee sang tee. That the deponent is and has been since the ...... GY Olicn acs tose ss sCes the publisher (or printer) of such newspaper (or the foreman or principal clerk of the publisher). E. F. Subscribed and sworn to before me, this ...... , day. Of ..cese-cccsee » 189. (Signature of notary.) (Papers shall all be filed with the determination of the trustees tn the county clerk’s office of the county in which a part of the cemetery from which the removal is proposed to be made is situated, and the approval of three- fourths of the members of the corporation by written consent should also be recorded.) No. 24. Certificate Correcting Error in Conveyances, (Religious Corporations Law, § 10.) I, A. B., secretary of (corporate name), a religious corporation organized by (or under) chapter ...... ofthe Laws of 18 , to which a conveyance of real property has been made (or an instrument iitendad to operate as a convey ance of real property has been executed), in which its corporate name is not 456 FORMS. stated (or is not clearly stated), but which indicates the intention of the grantor therein to convey such property to such corporation, and such corpo- ration has entered into possession and occupancy thereof, do hereby certify as follows: First. That on the...... day; Of viowrensds , 189 , a conveyance of real property was made to such corporation (or an instrument was executed intend- ing to operate as a conveyance of real property), which conveyance (or instru- ment) was recorded on the ...... day of .........., 18 , in the office of the county clerk of the county of ............ yf EN EDGY see sce te tate of deeds (or o:‘her book of record) at page ...... Second The name of the grantor in such conveyance (or instrument entitled to operate as a conveyance) was ..... ala wale 'e,arsiete's, 8 Ssie'v' oleh stearate Third. The property conveyed or intended to be conveyed thereby is bounded and described as follows: (describe property). Fourth. The name of the grantee as expressed in such conveyance (or INSEFUMENL) WAS ..cccssscovercceversccce-coose (OF if NO name was expressed, so state). Fifth. The correct name of the corporation to which such conveyance was made (or was intended to be made) is (corporate name). Stxth, That I believe that the grantors in such conveyance (or instrument) intended thereby to convey such property to such corporation, and my reasons for such belief are as follows: (state reasons). Seventh. That I, as secretary of the corporation, was duly authorized by the trustees thereof to make and file this statement, in pursuance of section 10 of the Religious Corporations Law. Dated eee eesoeoreoeeeeeoeeeeo sees & A. B., Secretary of (corporate name). STATE OF NEW YORK, : County as abi ana ees On this ...... day of ..........,18 , before me personally came A. B., secretary of (corporate name), to me personally known to be the person who made and signed the foregoing certificate, and duly acknowledged to me that he made, signed and executed the same for the purposes therein set forth. (Signature of notary.) ° e STATE OF NEW YORK, COUNTY OF ...34...% ean A. B., being duly severally sworn, deposes and says, that he is the secre- tary of (corporate name), that he has read the foregoing certificate, so sub- scribed by him, and knows the contents thereof, and that the same is true of his own knowledge, except as to thuse matters therein stated upon information and belief, and that as to those matters he believes it to be true. Sworn to before me, this ...... Ee Pe day Of ...cc.cevey 189. ' (Signature of notary.) Norg. —The certificate should be filed and recorded in the office where the conveyance or instrument is filed or recorded. FORMS, | 457 No. 25. Petition for the Sale, Mortgage or Lease of Real Property. (Religious Corporations Law, § 11) SUPREME COURT —CounrTY OF . In THE MATTER OF THE APPLICATION OF (corporate name) TO SELL (mortgaye or lease) A PORTION OF ITS REAL PROPERTY. To the Supreme Court of the State of New York (or County Court of 2 The petition of (corporate name) respectfully shows : First. That the name of such corporation is (state name), and the names of its trustees and of its principal officers, and their places of residence are as follows: (State them.) Second. That such corporation was formed by .......... (or under) chap- LOPE at. o's of the Laws of 189 , for the purpose of (state purpose). Third, That as such corporation it is the owner of the following described real property (describe same by metes and bounds with reasonable certatnty). Fourth. That the interests of the corporation will be promoted by the sale (mortgage or lease) of such real property for the following reasons: (State reasons. ) Fifth. That at a regular stated meeting of the trustees of such corpora- tion held on the .... day of .........., 189 ,such sale (mortgage or lease) was authorized by the concurring vote of more than two-thirds of the trustees of such corporation, as more fully appears by the copy of such resolution hereunto annexed, and made a part of this petition. (Jf an Episcopal church, the petition shall also state that the rector of such church was present at the meeting.) Sixth. That the market value of the remaining real property of such cor- poration, upon which there is no incumbrance is (state value); that the cash value of its personal assets is (state value), and the total amount of its debts and liabilities is (state amount), secured as follows: (State security.) Seventh. ‘Lhe moneys realized from the sale (mortgage or lease) of such real property is to be applied to (state application proposed). Wherefore, your petitioner asks that an order of this court be entered giving it leave to sell (mortgage or lease) the real property above described upon the terms aforesaid, and that the moneys realized from such mortgage be applied as above specified. Dated. POSSESS CSSD ISCHOSSOCSSOOOS (Signatures of two-thirds of the trustees.) 458 ‘FORMS, STATE OF NEW YORK, 88.8 COUNTY OF eeeeee fapcrad (State names of trustees petitioning) being duly and severally sworn, each deposes and says that he has read the foregoing petition subscribed by him and knows the contents thereof, and that the same is true and correct of his own knowledge. (Signature of two-thirds of the trustees.) Severally sworn to before me, this...... ' day of eeoerereeeery 189 . (Signature of notary.) (If the petition is made by the trustees of a Roman Catholic church, tt should have indorsed thereon the consent of the archbishop or bishop of the diocese to which such church belongs, or in case of their absence or inability to act, by the vicar-general or administrator of the diocese.) Order, At a Special Term of the Supreme Court, held at ..ccceceee, ON {NO seceee DSViOLS e's Snir eeloo us Present-— Hon. (state name of justice), In THE MATTER OF THE APPLICATION oF (corporate name) TO SELL (mortgage or lease) A PORTION OF ITS REAL PROPERTY. Petition having been made to me by (corporate name) a corporation organ- ized by (or under) chapter ...... of the Laws of 189 , for leave to sell (mort- gage or lease) a portion of its real property, in pursuance of section 11 of the Religious Corporations Law, and title 2 of chapter 23 of the Code of Civil Procedure, now on motion of ........+.. ....-, attorney for the petitioner, Ordered, That the trustees of such corporation are hereby authorized to sell (mortgage or lease) such real property for the sum of (state stm) and to execute and deliver tO ...ccececeeeseees & Geed (mortgage or lease) in the usual form; such real property is described in said petition as follows: (Description.) It is further ordered, that the proceeds of such sale (mortgage or lease) be applied by said trustees as follows : (State application to be madeof the funds.) Datedisceccurescescessacoccees A, B,, Justice of the Sapreme Court, FORMS. _ 459 Certificate of Authority. I, A. B., secretary of (corporate name) do hereby certify that a regular meeting of the trustees of such corporation was held on the...... day Of ....ecceee, 189 , at which the following resolution was adopted by the con- curring votes of two-thirds of the trustees of such corporation : ‘* Resolved, That the trustees of (corporate name) be hereby authorized to apply to the court in pursuance of section 11 of the Religious Corporations Law for leave to sell (mortgage or lease) the real property of the corporation, described as follows: (Description.) A. B., Secretary. Subscribed and sworn to before me, this ...... t day of eeeereove sy 189 . (Signature of notary.) Nors.— On entry of the order, the sale, mortgage or lease may be effected, <.] No. 26. Consolidation of Incorporated Churches, (Religious Corporations Law, § 12.) Agreement for Consolidation, This agreement, made the ...... day Of ....ss-eee, 189 , between the board of trustees of (corporate name), party of the first part, and the board of trustees of (corporate name), party of the second part, under the eorporate seals of such churches, Witnesseth, That (corporate name), party of the first part, is a church corporation organized by (or under) chapter ...... of the Laws of 189 , for the purpose of (state purpose). That (corporate name), party of the second part, is a church corporation organized by (or under) chapter ...++. of the La-vs of 189 , for the purpose of (state purpose). That, in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree to merge and consolidate such corporations into a single corporation in pursuance of section 12 of the Religious Corporations Law, upon the following terms and conditions: First. The name of the church formed by such consolidation shall be (insert corporate name). Second. The church fermed by such consolidation shall be of the (state denomination) denomination, and subject to the governing bodies and authorities of such denomination. Third. (If the churches of the denomination to which the new church is to . belong have more than one method of choosing trustees, state the method by which the trustees of the new corporation are to be chosen.) Fourth. The number of trustees of the corporation formed by such cone solidation shall be (state number). 460 FORMS, Jifth. The names and places of residence of the persons to be the trustees of the corporation formed by such consolidation until its first annual meeting areas follows: Names, Places of residence, bavetacvineeivatcaigereres teeee Ty rk eo a ee Seereseeresoeovseseesersseses eeeees @ereeereeveseece eOeeeoreers eevee Sixth. The date for holding its annual meeting shall be (state the day of the month on which its annual meeting is to be held). In witness whereof, said parties of the first and second parts have executed this agreement in duplicate by their boards of trustees respectively, the day and year above mentioned. SCHCHHHTHHSHHHHET ETE EHH EEE HEOEOEEEE [Corporate seal.] CA hea iducranuinsnesico doused @eeer ee ee eeeeesreeeereeeeresese ee Trustees of (corporate name). SOPISH. COSHH SESE ODEO EEEEH 8868 [Corporate seal.] Seeeeeor esses res: 28 Se seeeeseseee @ereerertsesnese eeeeeerreseeesese og Trustees of (corporate name), 3.2 STATE OF NEW YORK, COUNTY OF cs cccsckecccamecesh On this ...... day of ... ......, 189 , before me personally came (names of trustees of the corporation of the first part), trustees of (corporate name), to me personally known to be the persons who made and signed the foregoing agreement and severally acknowledged to me that they made, signed and executed the same for the uses and purposes therein set forth. (Signature of notary.) (Prepare the same form of acknowledgment for the directors of the corpo- ration of the second part and annex thereto.) STATE OF NEW YORK, County OF e. cccccccccccsccoces A. B., being duly sworn, deposes and says, that he fs a trustee of (name of corporation, party of the first part), mentioned in the foregoing agreement; that he knows the corporate seal of such corporation, and that the seal affixed to such agreement is the corporate seal of such corporation and was affixed thereto by order of the board of trustees thereof. ALR bese Sworn to before me, this ...... ' day of COSTCO SCH TSS SESH 189 es (Notary’s signature.) (Prepare same affidavit for a trustee of the corporation of the second part and annex thereto.) FORMS 461 Verified Copy of Proceedings of Meeting Approving Consolidation, A special meeting of the members of (corporate name) for the purpose of submitting to said members the annexed agreement for the consolidation of (corporate name) with (corporate name) was held at (name of place) in the city (viliage or town) of ......... 02: Git SG s cos oe GRY Olsen sce: ee op) 100 | 's/8U fees o’clock in the ......noon of that day. The meeting was organized by the election of A. B. as chairman and C. D. as secretary thereof, respectively. . The annexed agreement was thereupon submitted to the members for their approval, and after consideration a vote was taken by ballot upon the question of approving or rejecting the same. The whole number of votes cast upon said question was (state number) of which (state number) votes were cast in favor of approving such agreement, being a majority of all the votes lawfully cast by the members of such corpo- ration present and voting thereon. Thereupon such agreement of consolidation was declared duly approved and adopted by such corporation, and the meeting adjourned. In witness whereof, we have made, signed and verified the foregoing copy of proceedings this ...-+. day Of ....s+.++++-, 189 . A. B., Chairman, C. D., Secretary. STATE OF NEW YORK, hese COUNTY OF ....cccccccerecceny A. B., chairman, and C. D., secretary, being duly and severally sworn, deposes and says, each for himself, that he has read the foregoing statement of proceedings of aspecial meeting of the members of (corporate name) for the purpose of considering the question of consolidation of such corporation with (corporate name), and knows the contents thereof, and that the same is true and correct of his own knowledge, A. B., Chairman, C. D., Seeretary. Severally sworn to before me, this . aa day of CRSSSCOOS CD 189 . (Signature of notary.) (Prepare the same form of statement and verification for the other eonsolt~ dating corporation, and annex the same. Attach to such agreement the approval of the governing body, if any, of each of the churches forming such consolidation) — 462 FORMS, Petition, SUPREME COURT —Counry or ALBANY IN THE MATTER OF THE CONSOLIDATION OF (corporate name) AND (corporate name). The petition of (corporate name) respectfully shows to this court, That (corporate name) and (corporate name), by their respective boards of trustees, on the...... day of .........., 189 , entered into an agreement for the consolidation of such corporations into a new corporation, in pursuance of section 12 of the Religious Corporations Law, as follows: (Insert copy of agreement.) That such agreement was duly approved at a meeting of each corporation separately and specially called for that purpose, by a majority of the votes of the members of each of such corporations lawfully cast at such meeting, as appears by the verified statements of the chairman and secretary of each of such meetings, respectively, hereto annexed, and made a part of this petition; That (corporate name of petitioner) is a church corporation subject to the rules and regulations of the authorities and governing body of (state dezomi- nation) and the governing body of such denomination has consented to such consolidation, as appears by the consent thereof, hereunto annexed and made a part of this petition. The property af (corporate name) is as follows: (specify property); the liabilities of such corporation are as follows: (specify liabilities); the amount and sources of the annual income of such corporation are as follows: (specify sources of annual income.) Wherefore, your petitioner prays for an order consolidating such corpora- tions in accordance with the terms and conditions of the agreement hereunto - annexed, in pursuance of section 12 of the Religious Corporations Law, Dated this coorveooe day of eeeeeoeeoee 04 189 e SCSSSHSSHCSSESSOSTSESSHOSCSEHHF 64H SSOE SSSSCOCSHTSCS SSeS eS eHeT HESS EHH ESE Trustees of (corporate name.) STATE OF NEW YORK, t a. Py CouUNTY OF eC CCSr eer OSs eoeeeey (Names of trustees), being duly and severally sworn, deposes and says, each for himself, that he has read the foregoing petition subscribed by him, and knows the contents thereof, and that the same is true and correct, Trustees of (corporate name.) Severally sworn to before me, this ...... ; day of oe OOO CHOOT EO eS 189 . (Signature of notary.) (Prep ‘re same petition for the trustees of the other consolidating eorpo- ration.) FORMS. 463 Order, At a Special Term of the Supreme Court, held at ....cccscee-, OM the .orece day of Rice ec gkrericsl uasthOo e Present — Hon. (name of justice). IN THE MATTER OF THE CONSOLIDATION OF (corporate name) AND (corporate name). Petition having been made to this court by (corporate name) and (corpo- rate name), in pursuance of section 12 of the Religious Corporations Law, for an order consolidating such churches, and it appearing from such petitions that such corporations have duly entered into an agreement for the consolida- tion thereof and that the same has been duly approved by a majority of the votes lawfully cast at a meeting of each of such corporations, separately and specially called for that purpose, and also by the governing bodies of the denomination to which each of such churches belongs, and having heard . in favor of such petition and ...... in opposition thereto, now, on motion Obeie ates attorneys for (coxporate name), Ordered, That upon the entry of this order, in pursuance of section 12 of the Religious Corporations Law, such corporations shall be consolidated into a new corporation, upon the following terms and conditions: First. The name of such new corporation shall be (state name). Second. The first trustees of such corporation shall be (state name). Third. The successors to such trustees shall be chosen in the following manner (describe manner of choosing suecessors of trustees) : (Add such of the terms and conditions of the agreement as to the court may seem proper.) Dated CTCSTSH SS SESS SS®D (Signature of notary.) Norz.— Upon duo ent? «=f such order, the consolidation fs effected. A copy of such order shall be recorded in a bux for recording certificates of incorporation in each county clerk’s oftice in which the certificate of incorporation of each consolidating corporation was recorded, or if no certificate has been so recorded, in the clerk’s office of the county in which the prin, cipal piace of worship or principal office of the new corporation is to be situated. The fees for filing in clerk's office are six cents; for recording, 10 cents per folio. 464 FORMS. No. 27. Judicial Investigation of Amount of Property of Religious Corporation. (Religious Corporations Law, § 13.) SUPREME COURT — County or ALBANY, IN THE MATTER OF THE INVESTIGATION OF AMOUNT ON PROP- ERTY OF (corporate name). Your applicant respectfully shows to this court (on information and belief): First. That (corporate name) is a religious corporation incorporated by (or under) chapter ...... of the Laws of 189 . Second. That in pursuance of the law by (er under) which such corpora- tion is incorporated, or to the provisions of which if is subject, such corpora- tion is entitled to hold property the value of which does not exceed ...... do}la’s. Third. That the value of the property now held by such corporation is eeeeeracllarss Fourth. That the value of such property is in excess of the amount which such corporation is entitled to hold in pursuance of law. Wherefore, yuur applicant requests that an order be granted in pursuance of section 13 of the Religious Corporations Law, requiring such corporation to make and file an inventory of the amount of its property, and that a referee be appointed to take and state the amount of such property, and that a final order be granted by this court determining the amount of property held by such corporation and the annual income thereof, Dated OF OS* SSSHSSSS* FC SVOSSSSESOS SOCSSECHS SHECHSSSEFSESSOSLEBE Attorney-General of the State of New York. STATE OF NEW YORK, COUNTY OF cscicccccccccss es bs, : rues ereeeeeeeeey Attorney-General of the State of New York, being duly sworn, deposes and says, that he has read the foregoing application, subscribed by hiny, and knows the contents thereof, and that the same is true and correci of his own knowledge (or that the same is true and correct as he is informe and verily believes). Subscribed and sworn to before me, this eeeseoee Gay: 0f cccec« se@eg 189 s } (Signature of notary.) FORMS. 465 Notice of Application, At a Special Term of the Supreme Court, held at ......ccccecee ON the veeeee day of x hiics ecb s. , 189°. Present — Hon. (name of justice), IN THE MATTER OF THE INVESTIGATION OF THE AMOUNT OF PROPERTY OF (corporate name). Upon reading and filing the application of .... tO ages Attorney- General of the State of New York, in the above entitled proceeding, dated Bia cialotalerers siete , 189 , praying for an order in pursuance of section 13 of the Religious Corporations Law, requiring (corporate name) to make and file an inventory and account of its property, on motion of ........ esses, Attorney- General of the State of New York, Ordered, That the trustees of such corporation be required to show cause before me at....... ats Sin ae tiney: , On the .....: day of ... ......,,189 , why they should not make and file such an inventory and account, It is hereby further ordered, That a copy of such application and of this order be served upon the trustees of such corporation, personally, on or before DUG. ven< TOBY OL csccceesccs LOU < (Signature of justice of the Supreme Court.) (Proof of service of the application and notice should be presented to the court.) : At a Special Term of the Supreme Court, held Bb 00000000000) OR the secese OSV OL vccta esa sey LOULe Present — Hon. (name of justice). ‘In THE MATTER OF THE INVESTIGATION OF THZ AMOUNT OF PROPERTY OF (corporate name). Application having been made to this court by the Attorney-General of the State of New York, in pursuance of section 18 of the Religious Corpora- tions Law for an order requiring (corporate name) to make and file an inventory and account of its property; and proof having been made to me of ? 466 FORMS. the personal service of such application, together with a notice of the time and place of presentation thereof, on the trustees of (corporate name), at least eight days prior thereto, and having heard ............ in favor of such appli- CAtION ANA. oc aalels cclewie in opposition thereto, and no good cause being shown why such corporation should not be required to make and file such inventory and account, Ordered, UhatwAceb:,:0L,. ccikecsssss.s 6 oes «, be appointed referee herein, and he is hereby directed to make and file with this court an inventory and account of the corporate property of such corporation in pursuance of section 18 of the Religious Corporations Law, and report to this court on or before ANG = coe ee ORY LOL ies ose a peg koe A (Sigrature of justice of the Supreme Court.) (When sueh referee's report has been made, either party may give notice of an application to the court for confirmation of the report of the referee and for an order finally determining the amount of property held by such corpo- ration.) Final Order. At a Special Term of the Supreme Court, held at .....eeseee on the ...... day of eee eevee ereg 189 e Present — Hon. (name of justice), In THE MATTER OF THE INVESTIGATION OF THE AMOUNT OF PROPERTY OF (corporate name). Application having been presented to this court by ....cscssscoe cocseess Attorney-General of the State of New York, for an order requiring (corporate name) to make and file an inventory and amount of property of such corpora- tion in pursuance of section 18 of the Religious Corporations Law, and A. B, having been appointed referee to take and state the amount of such property by an order of this court, dated ............seseeceeveees ..., and such referee having made and filed with this court an inventory and account of the property of such corporation, now on application Of .....cccccscccscoccccccs and having heard ......¢....sce0- , -. in relation thereto, It is ordered and determined, That tbe amount of property now held by such corporation is (state value), the annual income from which is (state tncome). Dated .ccecccocse coccecocccce (Signature of justice of the Supreme Court.) FORMS, 467 No. 28. Incorporation of Governing Bodies, (Religious Corporations Law, § 14.) We, the undersigned, A. B., chairman, and C, D., clerk of (state name of governing body) do hereby certify as follows: That a stated meeting of such (state name of governing body) was held Ab sas dersere reyes ON tTNE ees daytotsoaweee. 3189". That at such meeting the undersigned, A. B., actrd as chairman, and the undersigned, C. D., acted as clerk. That the following resolution was offered: ‘‘ Resolved, That (name of unincorporated governing budy) shall beeome a corporation in pursuance of section 14 of the Religious Corporations Law, by the name of (state corporute name desired); that (state names of not less th n three nor more than nine persons) be the first trustees of such corporation; and that the presiding officer and clerk of (state name of governing body) be hercby directed to execute, acknowledge and file a certificate effecting such incorporation, in pursuance of section 14 of the Religious Corporations Law.” That upon the question of the adoption of such resolution (state numbcr) votes were cast, of which (state number) votes were cast in favor thereof, being a plurality of votes of all the members of such presbytery (or other governing body) present and voting thereon. That such resoiution was thereupon declared duly adopted. In witness whereof, we have made, signed, acknowledged, verified and filed this certificate. Dated tais ...... day Of ...scccce a On thisiisesser aay Of 5. es airs. sees, 189 , before me personally came (names of subscribers), personally known to me to be the persons described in and who made and signed the foregoing certificate, and severally ackowl- siged to me that they made, signed and executed the same for the purposes therein set forth. (Signature of notary.) Norse — Certificates should be filed in the county clerk’s office of the county in which ths presiding elder’s district, or a part thereof, is located. Fees for filing, six cents; for recording, 10 cents per folio. 470 FORMS. Certificates of Presiding Elder and Stewards of Adjoining District. We, the undersigned, A. B., presiding elder, and C. D. and E. F., a majority of the district stewards of (state name), a presiding elder’s district, erected by the (state name) annual conference of the Methodist Episcopal Church, desiring to constitute the presiding elder and stewards of such district members of a corporation formed by the presiding elder and district stewards of (state name), an adjoining presiding elder’s district, having as one of its objects the acquisition, maintenance and improvement of real property as a camp-meeeting ground for camp-meeting purposes, do hereby make, sign, acknowledge and file this certificate in pursuance of section 17 of the Religious Corporations Law, as follows: First. The name of such presiding elder’s district is (state name). Second, The name of the presiding elder’s district with which it is desired to become associated is (state name). Third. The names, residence and official relation to such presiding elder’s district of the signers of this certificate are as follows : Names. Residence, Official relation, SSCS HR SETHE OHS OSESE COC eS SHES SAE HE EEEOSESE Paestesesreceseeeeeeseeeose SSSreeeeesee Soereerseee CHT SHRSCSHS OSS SESE eeereereeoeoesseseeeeeseos In witness whereof, we have made, signed, acknowledged and filed this certificate this see cee (UAV ROL ics sic cisieicele oe , 189 (Stgnatures of presiding elder and a majority of the district stewards.) STATE OF NEW YORK, COUNTY OB ie cacecilciesiccisctcins sas Onuthis 4, 7s. hs Nays Glices se ceoseces 189 , before me personally came (names of subscribers) personally known to me to be the persons described in and who made and signed the foregoing certificate and severally acknowledged to me that they made, signed and executed the same for the purposes therein set forth. (Signature of notary.) (The consent of the original corporation should be indorsed on the certifi- cate und the ceriijicate filed in the county clerk’s office of the county in which the district, or a part thereof, ts located. ees forjiling, six cents; for record- ing, 10 cents per folio.) Certificate Changing the Number of Trustees. We, the undersigned, a majority of the trustees of (state corporate name), a corporation formed by the presiding elder and district stewards of (state name of presiding elder’s district) in pursuance of chapter ...... of the Laws of 189 , do hereby certify as follows: That an annual (or special meeting duly called therefor) of such corpora- tion was held on the ...... day Of ....cecsec, 189, ab .eoee. O'Clock in the ...... noon. —e...CC FORMS. 471 That at such meeting the following resolution was offered: ‘‘Resolved, That the number of trustees of such corporation be changed from (state existing number) to (three or some multiple of three or not more than twenty-one), in pursuance of section 17 of the Religious Corporations Law, and that the trustees of such corporation be directed to sign, acknowledge ard file the necessary certificate therefor.” That such a resolution was duly adopted by a majurity vote of the mem- bers of such corporation present at such meeting and voting thereon. In witness whereof, we have made, signed, acknowledged and filed this certificate on this ...... Gay: Of # ltawalds yekeo (Signatures of a majority of trustees.) STATE OF NEW YORK, t : 88.: COUNTYION Lats secur eee sassy Onthise. <3. sy OF ai nas ...., 189 , before me personally came (names ef subscribers) personally known to me to be the persons who made and signed the foregoing certificate, and severally acknowledged to me that they made, signed and executed the same for the purposes therein set forth. _ Signature of notary.) ; No. 31. Notice of Meeting for Incorporation of Episcopal Church, (Religious Corporations Law, § 80.) Notice is hereby given that a meeting of the members of (stale name of church) will be held on the ...... GAyCOLM Esmee hse S180 DE vas ccc o’clock in ERGA a Gs,0 noon for the purpose of determining whether such society shall become incorporated, and if the decision be in favor thereof, of determining the date of the annual election of the proposed corporation, and of electing vestrymen and churchwardens thereof. No. 82. Certificate of Incorporation of Episcopal Church, (Religious Corporations Law, § 31.) We, the undersigned, A. B., chairman, and C. D. and E. F., do hereby certify as follows: First. That a notice of a meeting of the members of (state name of unin- corporated church), to determine whether such church should become incor- porated, was duly given in pursuance of section 80 of the Religious Corpora- tions Law, and such meeting was held in accordance therewith on the ...... (Bia a genaes L8OiE, aliases o’clock in the .. ....noon. Second. That A. B. was presiding officer of such meeting, and C. D. and E. F. were present at such meeting and voted thereat. Third. At such meeting it was Be mS oD Severally sworn to before me, this ....! : day of SOPOBOODSO GOTO CG 189 ° } (Signature of notary 474 FORMA, STATE UF NEW YORK, COUNTY OF eeoeeervreree erent On this ...... day of .... ....eseee, 189 , before me personally came (names of subscribers) to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally acknowl- edged to me that they made, signed and executed the same for the purposes therein set forth. (Signature of notary.) Nots.— Certificate should be filed in the office of the county clerk in which the original certifica'e was filed. Fees for filing, six cents ; for recording, 10 cents per folio. No. 35. Certificate Changing Date of Annual Election, Number and Terms of Office of Vestrymen and Terms of Churchwardens of Episcopal Church, (Religious Corporations Law, $35.) We, the undersigned, A. B., presiding officer, and C, D. and E. F., do certify as follows: That the annual meeting of (corperate name) was held on the...... day That A, B. was the presiding officer of such meeting, and C. D. and E. F. were present and qualified to vote thereat. That at such meeting the following resolution of the vestry was submitted for consideration s ** Resolved, That the vestry of (corporate name) recommend that the date of the annual electi»n of such church be changed to a secular day of the week beginning with the first Sunday in Advent (or that the number of vestrymen be changed co three, six or nine, and that the terms of the churchwardens be chunged so that one warden shall be elected annually), and that a notice of such recommendation be included in the notice of the next annual meeting of such parish.” That notice of such resolution was included in the notice of such annual meetiny. That such resolution was ratitied by a majority of votes of all the members of. such corporatio: present at such meeting aud voting thereat. That the date determined upon for the annual meeting of the parish was (state the date) (or that the number of vestrymei so decided on was ......, and the meeting determined to thereajter elect churchwardens so that the term of one warden shall expire annually.) In witness whereof, we have made, signed, acknowledged, verified and filed this certificate on the ...... day of .....es..., 189. (Signatures of presiding officer and of two qualified voters present at the election.) FORMS. 475 ‘STATE OF NEW YORK, COUNTYIOR Sd. ue Sea eee ; A. B., presiding officer, and C. D. and E. F., being duly sworn, each deposes and says, that he has read the foregoing certificate, subscribed by him, and knows‘ the contents thereof, and the same is true and correct of his own knowledge, en A. B. Cc. D. E. F. Severally sworn to before me, fhis ...... day of eeoeeserves 7189 e (Signature of notary.) STATE OF NEW YORK, t are COUNT TORS Seldls acct ae eens On this ...... day Oley vee. -» 189 , before me personally came A. B., C. D. and &. F., to me personally known to be the persons described in and who made and signed the foregoing certificate, and duly acknowledged to me that they made, signed and executed the same for the purposes therein set forth. (Signature of notary.) Norsz.—See note to form No, 84, No. 36. Certificate Changing the Qualifications of Voters and the Qualifications of Wardens and Vestrymen of the Episcopal Church. (Religious Corporations Law, § 36.) We, the undersigned, A, B., presiding officer, and C. D. and E. F., do certify as follows: That the annual meeting of (corporate name) was held on the ...... day Olean sacae AUT e That A. B. was the presiding officer of such meeting, and C, D. and E. F, were present and qualified to vote thereat. That at such meeting the following resolution of the vestry of such corporation was submitted for consideration : ** Resolved, That the vestry of (corporate name) recommend that the quailifi- cations of voters at the corporate meetings of such church be changed so that only men of full age who have been regular attendants on the worship of such parish or congregation, and contributed to the support thereof for one year next prior to such meeting, (or since establishment of such parish or congre- gation) shall be qualified to vote thereat; that the vestrymen-of such parish shall be qualified voters who have been baptized, and that the wardens shall be qualified voters who have been communicants of the Protestant Episcopal Church; and that a notice of such recommendation be included in the notice of the next annual meeting of such parisli. 476 FORMS, . That notice of such resolution was included in the notice of such annual meeting. That such resolution was ratified by a majority of votes of the members of such corporation present at such meeting and voting thereat. In witness whereof, we have made, signed, acknowledged, verified and filed this certificate on the ...... day Of ...seeee- , 189 . (Signatures of presiding officer and of two qualified voters present at the election.) STATE OF NEW YORK, es. COUNT ON Giese wececsescwecs A. B., presiding officer, and C. D. and E. F., being duly sworn, each deposes and says, that he has read the foregoing certificate, subscribed by him, and knows the contents thereof, and the same is true and correct of his own knowledge. AG Ds Cc. D. ELF. Severally sworn to before me, this ...+- { day Of cccccssseey 189". (Signature of notary.) STAT™ OF NEW YORK, | est COUNTY OF cc. cocccscces-cocsy On this hoocrcODY Ol, ase ewes , 189 , before me personally came, A. B., presiding officer, and C. D. and E, F., to me personally known to be the per- sons described in and who made and signed the foregoing certificate, and duly acknowledged to me that they made, signed and executed the same for the purposes therein set forth, ; (Signature of notary.) Norn.—See note to form No, 34, No. 37. Certificate of Incorporation of Roman Catholic or Greek Church. (Retigious Corporations Law, § 50.) We, the undersigned, A. B., archbishop (or bishop) and C. D., vicar- general of the diocese of (state name), E. F., rector, and F. G. and O. F., desiring to incorporate (state name of unincorporated church) as a Roman Catholic church in pursuance of section 50 of the Religious Corporations Law, do hereby make, sign, acknowledge and file this certificate for such purposes, "as fo lows: First. The name by which such church shall be known is (state corporate name.) Second. The principal place of worship of the church corporation is to be located in the town (village or city) of (state name). FORMS, . ATT Third. F. G. and O. F. are two laymen members of such church selected by the archbishop, vicar-general and rector thereof to execute this certificate. In witness whereof, we have made signed, acknowledged and filed this certificate this ,..... day of ........--, 189 . (Signatures of archbishop, vicar-general, rector and two laymen.) ° oe STATE OF NEW YORK, CounTY panera. Onlsthis. se « day of .........., 189 , before me personally came A. B., archbishop; C. D., vicar-general; E. F., rector, and F. G. and O. F., to me personally known to be the persons described in and who made and signed the foregoing certificate and duly acknowledged to me that they made, signed and executed the same for the purposes therein set forth. (Siynature of notary.) (Certificate of the Greek church should be in the same form except as to the persons executing tt.) Not. — Certificate should be filed in the office.of the county clerk of the county in which the principal p'ace of worship of the church is, or is to be, located. Fees for filing, six cents; for recording, 10 cents per folio, No. 38.. Certificate of Incorporation of Reformed Dutch, Reformed Presbyterian or Lutheran Church. (Religious Corporations Law, § 62.) We, the undersigned, the minister (or ministers) and the elders and deacons of (state name of church, or if a Presbyterian church, the deacons only, if authorized by the church), desiring to incorporate such church in pursuance of section 62 of the Religions Corporations Law, do hereby make, sign, acknowledge and file this certificate for such purpose, as follows: First. The name of such incorporated church shall be (state name), Second. The principal place of worship of such church is to be in the COUMEW Oise des eee wees , in the town (city or village) of (state name). (If it be an Evangelical Lutheran church, add a recital that at a meeting of the members of such ciurch, duly called and held on the...... day Dir ea Ni ait i , 189 , it was determined to incorporate in pursuance of article EV of the Religious Corporations Law.) (If the certificate is to be made by the deacons of a Refvurmed Presbyterian church, add a recital thut the deacons of such church were authorized by the members of such church to incorporate such church in pursuance of section 62 of the Religious Corporations Law.) In witness whereof, we have made, signed, acknowledged and filed this certificate this ...... day Of ...ccecees, 189. (Signatures of persons making certijicate, with designations of their offices.) 478 FORMS, STsTE OF NEW YORE, } att COUNTY GP tn eceees sas ooeces On'this ese s JURY, Olle ce sie .+++, 189 , before me personally came (names of subscribers) to me personally known to be the persons described in and who made and signed the foregoing certificate, and severally acknowledged to me that they raade, signed and executed the same for the purposes therein set forth, (Signature of notary.) Nots.— Certificate should be filed in the offica of the county clerk of the county in which. the principal place of worship of the church is, oris to be, located. Fees for filing, six cents; ‘or recording, 10 cents per folio. No. 39. Certificate Changing System of Choosing Trustees of Reformed Church. (Religious Corporations Law, § 64.) We, the undersigned, A. B., C. D. and E. F., a majority of the trustees of (corporate name) do certify as follows: First, That a meeting of the trustees of such corporation was held on Ghost ers Ody Ole. sedeenee , 189 , at...... o’clock in the ......noon; and a quorum of the trustees of such corporation were present thereat. Second. That at such meeting the trustees of such corporation deter- mined, in pursuance of section 64 of the Religious Corporations Law, that thereafter the trustees of such corporation should be elected in pursuance of article V of the Religious Corporations Law, and that the number thereof should be (state number, three, six or nine). Third, That at such meeting of the trustees of such corporation the date of the annual corporate me >ting of such church was fixed for (state the day of the month determined upon). In witness whereof, we have made, signed, acknowledged and filed this certificate this ...... day of .......+0., 189. (Signature of a majority of ‘he trustees.) STATE OF NEW YORK, sast COUNTYON. Cc cccatreeacetes ss On this ...... day of .........-, 189 , before me personally came A. B., C. D. and E. F., trustees of (corporate name), personally known to me to be the persons. described in and who made and signed the foregoing certificate and duly acknowledged to me that they made, signed and executed the same for the purposes therein set forth, (Signature of notary.) Norr.— Certificate should be filed in the office of the county clerk of the county in which the original certificate of incorporation of such church is filed, Fees for filing, six cents; for recording, 10 cents per folio, oe ee a, oe ee De Pe | ted FORMS, 479 No. 40. Certificate of Trustees of Lutheran Church Changing System of Flecting Trustees, (Religious Corporations Law, § 66.) Wo, the undersigned, A. B,, C. D. and E. F., a majority of the trustees of (corporate name), do certify as follows: First. That a meeting of such corporation was held on the...... day Olinns hocumeie te LOO ee, eronte ene o'clock inithes:,..... noon, Second. That at such meeting it was determined, in pursuance of section 66 of the Religious Corporations Law, by a majority of the members of such eorporation present and voting on such proposition, that thereafter the min- ister (or mtnisters), elders and deacons thereof shall constitute the trustees thereof. Third. That the names and official designations of the minister (or ministers) and of the elders and deacons of such church are as follows: Names. Official designation, SPSSHSSSEETSSHSEHSSHEEHSESSSESSOEESE SPSSCSSESSORSSS FE STSSH+ HT SSSE FESR OZ EEO SHES HSTSESSSHSHSSSSHE SH CES SH OSSE SPSS OHFSFESSSoeoseSeSOOeOeSeeveseseee We - In witness whereof, we have made, signed, acknowledged and filed this certificate this ..... BABY Olle aa iaa's Uslalv'sle gh LOG (Signatures of a majority of the trustees, STATE OF NEW YORK, ss.2 COONTY, OF). ccescetccs cocees On this ...... day of ... ......++, 189 , before me personally came (names of subscribers), personally known to me to be the persons described in and who made and signed the foregoing certificate, and severally acknow]l- edged to me that they made, signed, acknowledged and executed the same for the purposes therein set forth, (Signature of notary.) Norr.— See note te form No. 39, No. 41. Notice of Meeting for Incorporating Church, (Religious Corporations Law, § 81.) Notice is hereby given that a meeting of (state name of unincorporated church), will be held at the usual place of worship of such church on the ..... LLY Ol vorcieista ote ee titers , 189 ,at.... oclock in the ...... noon, to determine whether such church shall become incorporated, and if the decision is in favor ' thereof, of electing trustees of such corporation. (Notice should be signed by at least six persons qualified as provided by section 81 of the Reliyious Corpo- rations Law.) 480 | FORMS, No. 42. Certificate of Incorporation of Church, General. (Religious Corporations Law, § §3.) We, the undersigned, A. B., presiding officer, and C.D. and E, F., do hereby certify as follows: First. That a notice of the meeting of the members of (stute name of unincorporated church), to determine whether such church should become incorporated, was duly given in pursuance of section 81 of the Reli- gious Corporations Law, and such meeting was held in accordance therewith ompher souls PECL A VEOLH acts oc aieoepid Outs wes .. anoon, Second. That A. B. was the presiding officer of such meeting, and C. D. and E. F. were present and voted thereat. Third. That at such meeting it was determined to incorporate such church as a religious corporation, in pursuance of sections 82 and 83 of the Religious Corporations Law. Fourth. The name of the proposed corporation as decided upon by such meeting is (state name), Fifth. The principal place of worship of such corporation is to be located in the county of ...........-, in the town (city of village) of (state name). Sixth. The number of neiene decided upon at such meeting was (fhrec, six or nine). Seventh. The names of the trustees elected by such meeting to hold office until the first annual election are, respectively, as follows: (Names of one- third of trustees.) Eighth. The names of the trustees elected by such meeting to hold office until the second annual election are, respectively, as follows: (Names of one-third of trustces.) Ninth. The names of the trustees elected by such meeting to hold office until the third annual election are, respectively, as follows: ( ames of one-third of trustees.) Tenth. The date fixed by such meeting for holding the first annual elsc- tion of the trustees of such corporation was (state date, not more than fifteen months after such meeting). In witness whereof, we have made, signed, acknowledged and filed this certificate on the ...... day. Of sccvecsesesyuno te (Signatures of the presiding officer of the meeting and of two persons present and voting thereat.) STATE OF NEW YORK, COUNTY OF... coe. see. ceescees On this ...... day of ........+ee0, 189 , before me personally came (names of subscribers) personally known to me to be the persons described in and who made and signed the foregoing certificate and severally acxnowl- edged to me that they made, signed and executed the same for the purposes therein set forth. b ss.t (Signature of notary.) Nore. — Certificate sbould be filed in the county clerk’s office of the county in whieh th- principal place of worship of the church is, or is to be, located. Fees, for filing, six cen‘s; f recording, ten cents per folig. —-- ~~ FORMS, 481 No. 48. Notice of Time and Place of Corporate Mecting of Church, (Religious Corporations Law, § 84.) Notice is hereby given that at the annual meeting of (corporate name), to be held at ......, onthe ...... Day ole rakaan , 189 , at .... o’clockin the.... noon (as fixed by law or the by-laws) successors will be elected to (state names) as trustees of such corporation whose terms of office will then expire. No. 44. ‘ Incorporation of a Union Church, (Religious Corporations Law, § 100.) (The form of certificate should be the same as for the separate incorpora- tion of one of the churches, except that it should recite the agreement of union, adopted by the meeting, and the number of trustees of the incorporated union church to be selected by each unincorporated church. It should be filed in the county clerk’s office of the county in which the principal place of worship ts to be located. ees for filing, six cents; for recording, 10 cents per folio.) Abandonments** _ bin of children; punfshment Rae aes pinay eh fo oe a ree 116 Account; directors of membership corporations. ......ccccccccccccccccees 86 Acknowledge: acknowledgment; by whom taken cecccoccccccccsccscccceceson 4 Actions: collusively brought; stay of proceedings...cccccccccccccseseee 26 SIA VeNOLALOsATLCCUMNNOCENLE DETtV ccccocesccecccecenccsioes seoeeaeioll TWIPULEOL MARU CU aac nates sete asc ceeecsn ceaecas scbes esas va secceenol by and against religious corporations. .......eccoccecccccsces 269 by and against trustees of religious corporationS.......esesses 278 Affidavit: INChIUCHMWUALMG caes eee cee seeeeeseoe ceca ae steccccseedseceoeceot Agriculture: revenues collected from racing associations. .ccc.sscccecccceee 145 RYPPOLLIONMENT OCA INONCVHEl OM srs cele cicicie cis cisisiclee eeisieciccice cee en LID commissioner of; agricultural socteties to report to...2...ceces 149 Agricultural associations: DIOVETiVECXCMDtELLODIETH ES Ol siesise ce eescice see ceisie snes slececeemte ICOLDOLOLION Ms Gata t ese cue sence see ste cues en cet Caceres ceeee sex doo Suprema Court «ApprovalmOlacec pee cielescetincis cece sacee ces sleet LoD Pestrictlous) upon e1Ormaion sss e et ania seine one tote receiving istolens> how punishedesec cs ce « clesicietcnileranraaeeeite Stete arrest or attachment of, a misdemeanor. .....ccccccccccoccececs Definitions: in Mombérship Corporations Laws. .selscm seuss ce eas cee see teed Desertion: ol-ehlidrens pinishment sccss.esses occ ewek itt ca eie peakonoe Devise: limitation of; to;certain societies)... .< COrporatloms store ctaicios che oo ciisnete » wretereie crea tarreanenats 71 Execution: . cemetery lands not to. beySOldson m1. ae cntelers cle oc «cies cisherareietel cnet etavere 96 Hyes: ofsinfants,.condition* of% to. be reportedit........escciocecieelcmereeietee 117 F, Fairs: churehveanynoticOnnuctr sacciscd dase ceele asics ciaete eter ne eterna tte 269 Fairs, agricultural: held. annually by agricultural association ................0..200. 140 premiums: :rerulationy ob ends des cote cas «cit etelstete ticks teu acres, siete 140 INDEX. 495 Fairs, agricultural — (Continued): PAGE. grounds; policemen on .......... UTA cL aalte faecal ate tok a redetaie ene tie iter LAL POWErSV OL | ..)s 0. leaders Race etsy a glen ai ahi ala ede lexel Steto lereretel eter ef 141 COMPCUSALLOI PR. tense ites Peete toterel ore cths cad avai she aie Si viiei cia Gobeil » ened aeekona’ 141 Wa cistratosaima yee NOLdg COULLE U DOM marcas distor as ciatvts ale lacie «hie oustelaw . 141 Family cemetery: dedication of land for ..... Pera aisha Merete n catealy Me aoa osha alethar en 7 LOT NOt WNCludedwast cemetery .cCOLPOLAtl Oper. sihesiota cise siaelciete clelerelelstals 20 Farmers’ associations: ! may maintain grounds ........ NPA ire ua eieie Tothie'e Seneca phen ete aid fe. a's 144. CENMUCALCSE Oty ING EDLCOTNECSS —D Vame ciewere enore rave cietcte leks wislorel atomieuielels ete Telete 144 policemen? toy Preserve: OTGCrSAt LMeCCtLNE iy. sles eveleleie sino d steraie viele ele 144 Fights: Het ween pirdseand ramen als ey serse saves Ay cislelsls ese hers olevteloes seme s oles sNereye 127 keeping place sfor,. av MISGSMEAT OL. sie vie cecs,elvicre le elstaisr kere clelsts tele 128 Fire companies: OL LAN MATLONIA em atetete as oes teat al eeeteta: otal UG otGl lor aNetoPabS ott ahenohs santa eee uate late 111 WOW CLS oe ee tia ee herate sie ecsrshele. 6 Store's Ve Rew cveehe Iafsts a olans Chotate ane Le OTe ee 112 MAVALAK CEPLOPELb Yai DYs CE VASO Me sis ete o racbes) isl eve) cliovel lone evorepdiche Miles ¢/ etal rabeiene!s 112 EXENIPCLON LOMA ALON rsrsiey ataverosd olaleratelstere aeatehiets chavehent satchel ehelele« 61's 113 See Corporations; Membership Corporations. Firemen: HSSOCIAMONNOL ey PLODELCVeIOX CLA) Gers elelere) 62 Forms: EPROP OY Ly no AnER CiSeucinab OD SRO's ome Ma chicteteelahpoodieeve be, cen Haka tehetals 426 OALO OLS VOLCT Manes ts:< MARAE ROUPL ace AUR TON aU OITRO CRER CIGAR AT ort ark Corse 1 eae Se 426 certificate of extension of purpose of membership corporation.... 426 incorporation of unincorporated association................eeeee 428 reincorporation of membership corporation .................-00. 43 consolidation of membership corporation .............2sceecesee 432 certificate designating trustees of membership corporation...... 436 changing number of directors of membership corporations.. 437 changing time of annual meeting of membership corporation, 439 of incorporation of membership corporation; generally...... 440 incorporation of cemetery Corporation 010. .3 226s. weet eset 441 changing number of directors of cemetery corporation...... 442 of incorporation of private cemetery corporation............ 443 OL Incorporations of fire* COL POTAULOM Ri crass cisterns o- < = i-eVs100 ole’ 444 of incorporation of corporation for the prevention of cruelty, 445 of incorporation of hospital corporation ..............+.s0+- 4A7 of incorporation of Christian association .............++.++- 448 of incorporation of bar ASSOCIATION wedi. clic. e oeclva als @ cle *\s 449 of incorporation of veteran association ............- see eeeee 450 of incorporation of soldiers’ monument corporation.......... 451 496 INDEX. ‘ Forms — (Continued): certificate — (Continued): PAGE. of incorporation of board of trade ...........e see eeceeenecs 452 of incorporation of agricultural corporation .............+++ 453 TEMIOVAl -OL HUMIAM WEMBINS ce eis oe eset shotete ep nile pros 'el alles ahaha raters 454 certificate correcting errors in conveyance to religious corpora- ERGOT tae haere eee bic ba nerreva.Zo-lalnnclahc Relbawementterr halts wohadsc ates bo Rexticere Pete Rohe US ERs De eamA RRO ESE 456 gale, mortgage or lease of property of religious corporation..... 458 CONSOMGAatLON WOT WCHUTCHES izes eye wheter ele ale ov eke fevers oce tale Rater stew ny uatereles 460 investigation of amount of property of religious corperation.... 465 incorporation of governing DOdIeCS ........ cece eee eee eee eee ees 468 of corporations to maintain mission churches ...........+.- 469 of corporations to acquire property for presiding elder’s. parsonage OF CAMP MeetiNGS ....... sees ceecesenccceeeee . 470 notice for incorporating Episcopal Church ...... Sele otalexatl oaneesiste 472 certificate of incorporation of Episcopal Church ...........+..+.+ 472 notice of annual election of Episcopal Church ................. 473 certificate changing number of vestrymen of Episcopal Church, 474 changing date of annual election of Episcopal Chureht. 2-5. 470 changing qualifications of voters and officers of Episcopal laubheclat. Ugeg eee sR Sh So ees Oh cen te ti Geta ht aS 476 of incorporation of Roman Catholic or Greek Church...... 477 of incorporation of Reformed Dutch, Presbyterian or Tartheramn «© HUrelit ete. sen cree a raters terrae role in tes sie lcurt sup hodeteep ins rolkstre aware 478 changing system of choosing trustees of Reformed Church, 479 of Lutheran Church, changing system of electing trustees.... 480 notice of meeting for. incorporating church ............+.+sesee: 480 certificate of incorporation of church ..........+...-ee eee ee eees 481 notice of meeting Of CHULCI Tee sae lee c= vlele wie wivisinlalerale afecslaletente 482 incorporation of a union Church ........... cece eee eee ee rece eee 482 Free churches: corporation to establish ....... cc eee c et eee cee weet tees ses esene 349 Friends: ETTISES LOT hers Oe LIS alerts dato ae Neal PU A eye deters ea 341 conveyance of trust property Of ........ eee cece eee cnet cece eens 343 Folio: raCVEpUhe (os RM oe R Gis ot ara o.0 GO pent arClOiliG aio O fan Oras OF 3 Forfeiture: LOTMINOTTISEL tercacn ec cco aietat ee Ser ouch Rae aman ens i bo) aber aee Renn gE Late ene 20 Funerals: disturbing, a MiSGEMEANOL ....... 2. eee e eee eee eee sencsatoecens 111 Gt Gender: TTA E! LCL AS cid eee eicvetarauePassrdt ot < eduwhaverenvsinliole ip iegs io Uetand his ol cust eratoueare nrat sts 3 Gospel lots: provisions of old law not re-enacted .........eeeeeeeeee Be Ortit in a 287 INDEX. Governing bodies: INCOLDOLALONCOba. «cv anaci cui coe ee. GRiateniel ates afar ale cetchics Greek churches: INCOUPOCATLONG 4.4! <2 LAL Petree SO wis a araaes ate ie « dig: etovgieieh TeLere CEE what constitutes corporation .............. ST HAteE Riga cohevasels octal ON SOVELUMICT Ca Oleetanerat tyes sicis Gicue ake a aldacisls eter Mel hatenetaionare! cishe ai clersbate See Corporation; Religious Corporation; Churches; Property; Trustees; Minister; Pewowners, etc. Grounds: inclosed; special police for; trespasses on..... ekeWarakes on area ou “56, ’ Grave: opening of, for certain purposes, punished..........0.ce0recsesss Guardian: prevention of cruelty to children corporation appointed as........ apprLrenuces tHlcine Ole -WithOutsGOnSent, Of:.ticveke cher neterractaeles fe cate Headnotes: alterations Of os..6. 6s nats eer M are EET rated aetere Notchevalersictetepat clave. succte at Health: DoardrGie.0. ICenserNalernitys HOSPITALS + s.ceakas oi eels cee ee sams. 0. A Heretoiore, hereafter, now: PELATESS LOM Wy LLCO eee oct atest stereo Ra cob etal ose aie SOC GOS OSA SEGA Tone Oot Holiday: DUDHCUss see vaderaenese ase Fee ee he ote WAeewe aeded. SE mchoeiaca ae a xiome for Invalids, Aged or Indigent Persons: COLCA OminNCOnp Ora tiONue ype. eek. cre sie levees tore crete cieiei cts «aie crclele suche’ State Board of Charities; approval of............0..... Peas ore Hook and ladder corporations: OL OANIZAUIONS wy tar cree otenst merch croton p evckceals see Biota ovanete SEP op oustisvecdevcns SNELL PUIOWICI Sacre ea scree eo Seen ere eee ee ee ee er EVE Jevetodetesnus er SR Ce Mayitake property Dy, GEVISG. ce «sree crieste state, MeMbHership IN cis cccccccecsdvccvodscsecccceccsccessvosses 76, members Of; rights, CtC. soe ssecceccccecccccccee Sa IO CACC BODE directors of; powers of; liability Of 1.2.2... se wccececececcece 4S--E1 Officers of, not to receive COMPENSATION... eevee cevecccccece nor: be interested in Contracts... 2... se ee cece ence netere stn 82 purchase, sale, mortgage and lease of real property Of. .ceee 82--89 changing number Of GirectOrs ...sesseceee ete eeecseccesceccecs ehanging time of annual MectiNng ceecesserserreeceeccercecves visitation of, by Supreme Court. .......... 2.4. Ae rec Sereresieles’ © reports of certain, to Comptroller. ........+-.seeeeees cyoruigre chia’ Gissolution Of .cccccccccccccevcccccsesccoccncses ates tetsee ereeid(a'a qualification of {MCorporators...+ceeseseseees sees ejels.c eens = are MAMCHK "OL “cccccicccescescesiccsse cs cewseecececs ce cslnewe SCP IAIOS Changing NAMES OF cecccccseccccoccescscccrceeseeeseress OR OOS lost or destroyed - certificates Of ..eeececcee core vcceceeces Sleveete certificates and other papers aS CVIdeENCe 2... cece ccveorcrccvos limitation Of POWYS cecccccccccccccescccsrcsveccccccece Seles LEMETAl POWETS ..ccccccccccscccsecvccsescsseerseesssses aelsetere power to hold and- acquire property... ..sseeeseecsceeececeves acquisition of additional real property Dy.....s.eseeeececececee extension of corporate EXISTENCE ceccecsccccceccesccccscccccccs 28 exemption of property of sec eecececeee eoeeee eeeceoeer ee eeores 51--55 powers to appoint special police. ....see.-.-- seers Meals erejare orem ens devises to, by persons having certain relatives. ..-seccecsccece Membership Corporations Law: BROTGS LILIA ROL sleet a'ste cle’ DMA ROA AEE SOIAO CIC IOO OTIC ORD IIOP 10) when provisions conflict with General Corporation Law....... effect of repeal of IAWS DY. cscccccscccccccccccvcvccccvccccccs effect. of, on corporations: heretofore incorporated. ...-e.eseee 8, schedule of laws repealed DY.....ccsccccccccccccvccccccccecss appendix -containing laws repealed by, arranged chronologic- ally eee Pee Ree oe eo SHHSSHES SSS SHS SHSHESEHSSHSSOH SHS SEF HHHSHEEOOEE , : i explanatory NOTE: tO decrecsccsccecccccsccvccceccscs vevesoesees 58 61 INDEX, 501 Members of corporations: PAGE. SCULPT EO IMUM. , vee wens e tee Gee nes al howe face oak. 52-55. devises of, to benevolent, etc., corporations by persons leaving COLLan srOuvtl Peel Vill > \P.(9¢ se ne Meet le os bea ok 61 BInountslOspeaHeld by Corporations <. lacs: oe sates ok oes Okt: 61 of unincorporated club, upon imcorporation .................... 73 of Soldiers’ Monument Association; exemption of............... 137 IOUCIOUS eOTPOratiOlis: ttle). vs ss ee ieee ee bce lore odes 271 PCOS IOTL A peal RP tan 8 aig: ke chee oe ie ae vite c baek Soucek. 271 CLMOr SOI ewer Reel tha ae ba Meee Sie Sire bk inidec hia eee 271 OXON moments eae crete Sale creer Rianne eee ew ret aes eG ke 27t CE COTE ELV PUL CU I, Wesker te itest soil eet ye Oh eves Mee al eee 272 Sumera parce ee i tee eat ene, Oe fc rs eae ae kot 272 ‘BOL INDEX. Property — (Continued): of religious corporation — (Continued): pewowners; rights and liabilities ..ssaccsseccececccvcsoes powers of trustees, in relation tO. .cceessccecseeeeeeeessees ) PAGE. 274 275 sale, mortgage and lease Of. ..ccccccceeecscececescees 200-292 proceedings for sale of ..... Mate Bio aielata ete el slefolele sisteve oe. 290-292 acquisitions for branch institutions................. pe wate cae POL DATHONAEOS | (oie'a wie ew wisiclons wa tloree renter ae ees pee ee fFOY CEMELETY ,. oc cece ccianccoicccecvegvedisecericctcsses AGA rey investigation of AMOUNT Of... .ccecsereceesccees recs 6 es: Of Extinct CHUPCHeS .cscccccecccevecesvcaversseces Bn Wins 442 inventory of eee eeeeoeeeeeeeeeeeeaeeeeeeeHeeoeeeeee eee oer Protective corporations: OTYANIZATION .cecccccesccccccssssccssccvsecsesceses Sante eistcierets POWETS wcccccccccccccccccccccsccccvessesccscccsccseses Pach Riri may take property by CeVise ...cecececccccevscsesvecrecesene exemption from taxation ............ sta bie (ele ay BA ate pale here Oia rar See Fire Corporations; Corporations; Membership Corporations. Protestant Episcopal Church. See Episcopal Church. Proxies: members of corporation May VOLE DY. ccccccsceccceccccesoce must be executed in WTiItTING......cccccccceccscccssccccccsoce revocable Dy MEMDEL ceccscccccccccccvccccesevcceccvsevvecce . duration of © SOSS OCSHSSSHOSOSTH SHS SS SHOSS SH SHS SSHSHHSSHSSHSSSOSOOSSS EOD Queens county: © ” supervisors to consent to taking land for cemetery... ccccccccees Quorum: What COnStitutes ... rc cecocccccc ccc ccccncce cto ceecccesc ee sees At special eElectiONS. .ccccccscccccccsvcccceccccccecscecccece see OLNGIFECTOLS yes entacle os Riols/e e wibka calciciere aeled gelcie cisve ste ontieiateehibiemeote of membership corporation, may be regulated by by-laws... R Rabbi: Gefined .cacccccccecesescccsescccccces occ cceseccocecc cos cco nce See Minister. PIR Racing associations: ; distribution of moneys received frOM....ccccccvcccccccccccece Real property: of membership corporation; sale, lease, mortgage and purchase, conveyed for erection of Cottage. 20.22... 5. ccc ccm ecces ieee ee cemetery corporation; acquisition Of. ........ccccccccccccccccce sold by order of Supreme Court........ arolave be's ale Mnicia eine © private cemetery corporation; acquisition Of...cececccccececes 267 SESR 106 — ? » EN DEX 52.6 505 Rectors: PAGE. deNineriey han fib. .dairavas ehelden TR CPE E RR eR I eee PF 4p BOT replevin against church treasurer; can not maintain ........ 73. 209 of Episcopal Church to be present at sale of property ....;.... . 286 may be mandamused to call SUC G LIES aie sero ae ote OTA CRCR EEE MeN clei 308 may be elected by vestry |...........0.. Sy Ma BOs ree a 308 See Minister. Reformed Church in America: CONSISTON VS Ofarsia cc. 5 puleiocsate tia ewes Avid sis Bates Wee Havstot aches, she cies 3820 changing system of choosing trustees ............0ccc cc ceseece 321 See Churches; Religious Corporations; Minister; Property; Pews and Pewholders, ete. asthecned Dutch churches: ; decision by, as to system of incorporation ...... apa erties atlas SOLS incorporation with ex-officio system of trustees ...... Pete Etna AS) See Churches; Religious Corporations; Minister; Property; Pews and Pewholders, ete. Reformed Presbyterian Church: ASCISIONTAS: tO PSVStem OL-IncorpovatOney-cssssse sn. cose os dea. « 318 incorporation with ex-officio system of trustees ....... Rue a8. eee eH hy) ehangingssystem of GChoositi@ trustees: sec esdt.. oo ce clot lesesie 3 322 salaryroreministers hows fixed ss sie sys crear secrete Yt CLE tictce . 822 pew rents poeta oe Nae Setidit cial ree tae ee hee Se sie aS AAR eee $22 See Churches; Religious Corporations; Ainiuter: Property: Pews and Pewholders, ete. Reincorporation: ‘ of membership corporation, CMCCEROETE cee mecca e ARIS Ag i eat Religious corporations: QuAlincatonswOr sIncOrporatorsy...ice seas. oe Mpe start ie ietalie tay a LO. OQEMOLA LOMITA IN Cement sig tta eae Wes ake terctereceltaeiereie ats: Asian tarher tens tris n LO Change. OL Names eon venus ee ok one ht aes Aaa es {4G Jost or destroyed. certifieates’.. 125. ......0.+.: HO, CO RCA Cd ORE: oR 6 certificates and other papers as evidence ..... 5 ALS EL aA et ea AY LMitaWorie OL DOW ELSE ler baer eR nee hiciotalr ote ons ioe a Ws general WOWCES : Ao. ccs caneteny aatde Cakes eee ERIM ocr Oe oe re BLO power to acquire and hold accom Arte rats 3 COD OPE Poe Pate ey Re, acquisition of additional real DEOUEIU VERE aglc ip ehto die \p = oy0"s (a's « sieareirg akg) earporate existence, extension ................. Sed eres ty atekain. s aventyy 5 A. LANAUOM Me MEMUDLION LOleDrODEltye as side ard omeimeiele ithe vrsctvie’s disiclaee, DADO having inclosed grounds, policemen ims. Bet thstetarsiclorotisteee 56;) 055 trespass upon grounds ........... ne eitecsos SSO Pe elt OM RO Le ov POG devises to, by persons having husband, wife or parent.. eee Te cemetery lands, may transfer ..... Piegch dateondae, OMA Retire, dip: chives oO cemeteries, held) by, not: to. be mortgeared) .. iw ann sive dees bere 97 not to: becsold on “execution on... Woes Ura rent shape (ots, cba ols 7 Ole powers ‘of, how determined ...... 5.2000 cecees Ries Ct ARE econ 1506 Religious corporations — (Continued): | ‘definition eee eeoee er eer ee eee eS eS SeeSeeeeeeee ee eeeeeeseeeeeeesteoes 267 INDEX. ¥AGE. nature of COSHH SH OH OSHS SESH HOHE OEE HE HEH HEH EH HEE EHH HER OEEED 267 not ecclesiastical corporations, in English sense..... SEO Oey CAO not subject to visitation of court of equity .......... eciiainy aal4 Jurisdictionwotalesal® tribunals ie.) . «aie clale eisceeieceletehelet steele AS CPE RECioe HOO He ss eeceS FOFMECAM PION, 10/1828) vere cies cie terse erotelatoleisieiels eiste cjrais e alars Says cs se. 268 COMLEACTS TWILL 1201.8. o'stcreies sieleis cietotetetetahersroteteleieterenelctels ctuier cleratelatarete Bete ZOO) president can not sue on claim in his own name ......sceceee. 269 books of, as. evidence ......ssscecee AOC Ni CIE OID CRITE Abeoo. 2408 actions bY, and “agaist Wessels ceteeielemrtercnres Mieterritoars oisie eee LOO incorporation, Dow. proved <...ceccecsesicncess See ori ats a ROOD office-holder estopped to deny existence..... Sib alehtade stealeleld sPeleie ho, €ertificates Of, Wiles Tledicmicleci este clclerele jele ois cle ielihetoneiste Savile ce seloo remeédy. for refusal “to files sc. crteslc cts scoleictaiaisrestel ler eiels opie a acquires property of unincorporated society......... Hesiselanveenetl property, Of; titles cccc). soe ccs s cieisicicclns eslaleseuie a cis sols ete sisvereers eee OL ACHUISHION eis ios icicles es eivle alerelo LTOUNAS So cecws cele ossicles sieciomon ee cimeeieeh EEO Trustees. See Directors. Trustees of Christian associations: POWEPS HOR Cc rascdcdedae cede seed peecesdeescueees eet een ceameloe approval of, to bind. real ‘property, cccccecccoescsceccoscseceeun ue Trustees of Churches: ok td ae yaa changing mum ber sof, Senerally its. ccc. eye cities tettele cinielcletareratctnete etna ea Ge MCCUINES TOM eae sater sie oer seeks Homo Ok hion: AOD epeaaheetenetenalatane Sere teiatelsn EU creation sand chilling vacanelesia. <1. neem cise eneeactiresietertate ee ne Oso control of, by corporate meeting ....... Reve) La ce iere aero aoe tere 340 canenot; settlesor remove sMINISTCrM mere nore ates cistern oe enone 341 NOLS INCUMEASD US. secant ere s slave, otS SCG > anghelchord ahetabe era sieeanet eae 341 nor change or fix time, nature or order of public worship....... 341 in connection with United Brethren in Christ ........... RucPricitytaceac 3! See Trustees of Religious Corporations. Trustees of membership corporations. See Directors. Trustees of religious corporations: general powers and duties ...... RAO GD SOD OOOUaDS aotiot sac aie elena wegh WD TELACION Of tOeCOLPOlAationw. cali: ROCIOOL Tr OR ECO ag Pear LO We sLOMaACU ate ci ole ae FAT IAr: J ietehcontcite thee a's Por MOE NARS 5 na" evetetete need COMPENSATION Y OL w sci sieve eke etre trol aic erate nena oie oa ener eee ae enede Prt eee bit ACLLOIV TO Lmeny svete tows o's iste hg etaMe Te oe Stn, cot he Brae aralet tly GM stere tiene eee 217 Or TACO M es Heats sig.e ved Pouce Mie ote eta He etecer ha ctotahe cect cee eat aie aaa PAL Of powers, -al len Navine, Daen sOusteN@s.,..% 15>. «creases serene enn 278 linbilftya0f% Geese ees MET CREA P IRA VASAT cnt, or tos 278 whenyauthortys cans be: QUeSHONEd fan aes ae tee Meera ee ene et eee 278 title: to ‘office:.:... fa eae Boe thd Promina carat POIs pare tA ee dia PAC. INDEX. 511 Trustees of religious corporations — (Continued): PAGE. DUSSESAIODAOMEOCODCLE Vag Vanya teins sense ia ciiie ic tls cfs niciais She ree - 218 ACHONSB ya ANC PALAIS Hepes stare fecemausters races. o1e ecovb se. ol Sele ac oe hee 278 minister@powers inarelation{ to... ....- .+-.s0. io ae A oC 279-281 ; i Bi Unincorporated associations: EG WRENS SCO Cert. pat ee meh cay ate hen vehi c occebe 72 Union churches: joint meeting for incorporation of ........... Pe en, Tes 343 INARI CUUOE TUR OSE! GG Fadi DAIS SES Oe TOCCOA en 344 See Churches; Religious Corporations; Property; Trustees; Pew- owners; Minister, ete. United Brethren in Christ: RUSCCCSP OL are cite ce A MB steno caeroe Pete ME Search svalont th ait clo eintare renee ee Sacre 441 Uses and trusts: in property of religious corporations, decisions relating to...... 272 Usury: CELENSC VOI ED VaCOLDOLALLO Tear earns nn et ee nye ct, a ee 60 Vv. Vacancy: in office of membership corporation regulated by by-laws....... 75 in office of director of cemetery corporation ..........cceee.cees 93 Vestry: FILE CUIN SS Olina bere nett one atet felts fst oto Siefersis ovate a cede toe Dees eee 317 CULO TUTE aerarcten eet rametcusret terete onok scek stay sVoretelciets tas eGebeue ve denote Phare vac ahaa eee BE 317 PEECSIGIN S Ol CMe hme rete citer ite te Rhee eee eRe a ees heme 318 pV OUCTS we O LUMr terete ote Pawo aaron ater oieta cc teie sss viete.s, clciataelh okctavancconeiavedleie onc leone 318 WV CAN CV ae LT eer, ccctiters ema vat dete econo sis oni | wl ic ls Da oats ee DE act: 318 PV RCIOCL. TOCLOLE oye ene ee ees er ee eat oe ae 318 members may be mandamused to attend meetings of .......... 301 Vestrymen: ESTO Co ETS Fa PD, ae nee PS, 8 | oy SORA ee PN ae a Re ee Be 309 EMOUT CATION SOL Uo a a.e «<1: dintn taeeetemiate ole 6 Gite vty 2a Sepia ales emit 308, 310 LOT MISROLMOL COMOLME Ine ay '. oh dais tetera een sataeie nities sone aalcla cucvoeie tosses 310 CAN SUN PeINUT DELL OLG ctsuaus. cues storm itis toi ale et ecoie ee as 312, 313 (UAT CATLONS mM Olmre nt. cre icicieettemeteeke havea tel ciciee ee acc sie ces cere 314 Veteran Soldiers’ or Sailors’ Association: INCOLPOLATLOINY OL Mey pra ee tis iee Seta AA heel oro etic eh ae ee 134 HPUPreMeLOourt- Ap PLrovialaOt vj UStiCS \Of= 10.05 ac ciate ls n+ vies ls KR avtlere 134 CUAL CATLOTIMOtmeTTG IU OL Sam ite atari cite ara ciate Atak sa hae oaowerouenne 6 alate 134 DLOPeeve iv iCedanin LOMSHALES corn iiacras ees ck cance a Piite ote glcler one 135 512 | INDEX. ’ Veteran Soldiers’ or Sailors’ Association — (Continued)8 - PAGB. " * Hability of sharcholders...........ssccccecsccscesccccccesesees Idd property of; excess; how disposed Of.....sesesecececeeeeceess 185 See Membership Corporations, — Village: © iIneaniig dol: Go sccecs tos votesecacte teces Cclse da house unccceues hasune consent of trustees of, for location of cemetery. ..cocecceceeces 85 Visitation: fi of membership corporation, by Supreme Court.......-.cesceece 86 Vote: ; CUMULATIVE SYSTEM ...cccccccccccescccsesocsccscssesevecseeese pledgor of stock entitled O coccescccccvcccccscceccsrecccccces He PTOXY; When issued .....cccccccscccccvecvccccccccccssscsccces BAlG OL seccobercvcceccecevsceciedecssccosewsessivisiesosic sis sls ajc to change time of annual meeting of membership corporation.. 86 two-thirds of members of membership corporation to sell, mortgage or lease real PLOPCTLY: «cle cccecscecetiesscee seccehne) pia V=ters: QUAlificationS Of ceeccccocccccccvecccccssccccccccsscsvccccers Challenges OF .eccccccccccccccccccvvccevvccvcccccccvcccccvcrce of membership corporations; qualificationS....ccccecccsccccves U7 of cemetery corporations; qualifications ......sceccceecccecseees U2 Npiscopal Church, at meetings for incorporation pyate. oth steal stay seen 302 ab blections: of.) oi actsaheen heey ai eee ee 304, 810, 311 incorporation of churches, generally, at meetings for ........... oon at corporate: meetings of | Churchesy oi... 4+ osu weil detrei. stereos 336, 338 W. Wardens: When . » - 4 ay Ha in hd : =) tet r is a att aia 7 used and occupied by such corporation and not exceeding in value fifteen thousand dollars. 9, All dwelling-houses and lots of religious corporations while actually used by the officiating clergymen thereof, but the total amount of such exemption to any one religious corporation shall not exceed two thousand dollars. Such exemption shall be in addition to that provided by subdivision seven of this section. 10. The real property of an agricultural society permanentiy used by it for exhibition grounds. 11. The real property of a minister of the gospel or priest who is regularly engaged in performing his duties as such, or perma- nently disabled, by impaired health from the performance of such duties, or over seventy-five years of age, and the personal prop- erty of such minister or priest, but the total amount of such exemption on account of both real and personal property shall not exceed fifteen hundred dollars. 12. All vessels registered at any port in this state and owned by an American citizen, or association, or by any corporation, incorporated under the laws of the state of New York, engaged in ocean commerce between any port in the United States and any foreign port, are exempted from all taxation in this state, for state and local purposes; and all such corporations, all of whose vessels are employed between foreign ports and ports in the United States, are exempted from all taxation in this state, for state and local purposes, upon their capital stock, franchises and earnings, until and including December thirty-first, nineteen hundred and twenty-two. 13. A bond, mortgage, note, contract, account or other demand, belonging to any person not a resident of this state, sent to or deposited in this state for collection; the products of another state, owned by a nonresident of this state and consigned to his agent in this state for sale on commission for the benefit of the owner; moneys of a nonresident of this state, under the control or in the possession of his agent in this state, when transmitted to such agent for the purpose of investment or otherwise. 14. The deposits in any bank for savings which are due deposit- ors, the accumulations in any domestic life insurance corporation, 8 held for the exclusive benefit of the insured, other than real estate and stocks, now liable for taxation; and the accumulations of any incorporated co-operative loan association upon the shares of such association held by any person. 15. Moneys collected in the course of the business of any cor- poration, association or society doing a life or casualty insurance business or both, upon the co-operative or assessment plan, and which are to be used for the payment of assessments, or for death losses or for benefits to disabled members. 16. The owner or holder of stock in an incorporated company liable to taxation on its capital, shall not be taxed as an in- dividual for such stock. 17. The personal property in excess of one hundred thousand dollars of a mutual life insurance corporation incorporated in this state before April tenth, eighteen hundred and forty-nine. &5. Taxation of lands sold or leased by the state.— All lands which have been sold by the state, although not conveyed, shall be assessed in the same manner as if such purchaser were the actual owner. Where land is leased by the state such leasehold interest, except in cases where by the terms of the lease the state is to pay the taxes imposed upon the property leased, shall be assessed to the lessee or occupant in the tax district where the land is situated. [Am’d, ch, 448, 1897. ] § 6. No deduction allowed for indebtedness fraudulently con: tracted.— No deduction shall be allowed in the assessment of personal property by reason of the indebtedness of the owner contracted or incurred in the purchase of nontaxable property or securities owned by him or held for his benefit, nor for or on account of any indirect liability as surety, guarantor, inderser or otherwise, nor for or on account of any debt or liability contracted or incurred for the purpose of evading taxation. § 7. When property of nonresidents istaxable — Nonresidents of the state doing business in the state, either as principals or partners, shall be taxed on the capital invested in such business, as personal property, at the place where such business is carried on, to the same extent as if they were residents of the state. § §. Place of taxation of property of residents — Every person shall be taxed in the tax district where he resides when the 9 assessment for taxation is made, for all personal property owned by him, or under his control as agent, trustee, guardian, executor or administrator. Where taxable personal property is in the possession or under the control of two or more agents, trustees, guardians, executors or administrators residing in different tax districts, each shall be taxed for an equal portion of the value of such property so held by them. Rents reserved in any lease in fee or for one or more lives or for a term more than twenty-one years and chargeable upon real property within the state, shall be taxable tu the person entitled to receive the same, as personal property in the tax district where such real property is situated, and for the purpose of the taxation thereof such person is to be deemed a resident of such tax district. When a person shall have acquired a residence in a tax district, and shall have been taxed therein, such residence shall be presumed to continue for the purpose of taxation until he shall have acquired another residence in this state or shall have removed from this state. The residence of a person on July first shall be deemed his resi- dence for the purpose of assessment and taxation during that year. If he shall have actually and in good faith changed his residence after July first, and before August first in any year, from one tax district to another, and shall make proof to the assessors at or before their last meeting for the correction of the assessment-roll of such change of residence and that he is assessed in the tax district to which he has removed, his name and the assessment of his personal property shall be stricken from the assessment-roll of the tax district where he resided on July first. In case of any controversy as to the proper place of taxation within the state of any person, his residence for pur- poses of taxation may be determined by the state board of tax commissioners, subject to review by the court. § 9. Place of taxation of real property—When real property is owned by a resident of a tax district in which it is situated, it shall be assessed to him. When real property is owned by a resident outside the tax district where it is situated, it shall be assessed as follows: 1. When the property is occupied it must be assessed to the occupant, ‘ 10 2. If the occupant resides out of the tax district or if the land is unoccupied, it shall be assessed as nonresident, as herein. after provided by article two. § 10. Taxation of real property divided by line of tax district. —. If a farm or lot is divided by a line between two or more. tax districts, it shall be assessed to the owner in the district in which he resides. If the owner is not a resident of either district, it shall be assessed to the occupant in the district in which he resides. If the land is unoccupied and the owner does not reside in either district, the portion of such farm, lot or tract of land lying in each district shall be separately assessed therein. If such land is situated in two or more counties and is wild and uncultivated and not occupied and used for agricultural purposes, the portions of such land lying in each county shall be separately assessed therein. Ii there are several owners of such a farm or lot residing in different districts, each containing a part thereof, a majority of them may elect in which district it shall be assessed by serving a written notice thereof on the assessors of each district during the month of May, but if such owners do not make such election, the property shall be as. sessed in the tax district in which it is located. If the boundary line of a tax district passes through a building, any portion of which is used as a dwelling, the owner of such building, if occupying the same or residing in either tax district, and otherwise, the person occupying such building as a dwelling house, may elect in which district such building and the adjacent land, owned, occupied and connected therewith, shall be assessed, by serving a written notice of such elec: tion on the assessors of each tax district during the month of May: but if such election is not made, the property shall be assessed in the tax districts in which it is located. [Am’d, ch. 537 of 1898.] § 11. Place of taxation of property of corporations.—The real estate of all incorporated companies liable to taxation, shall be assessed in the tax district in which the same shall lie, in the Same manner as the real estate of individuals. All the per- sonal estate of every incorporated company liable to taxation on its capital shall be assessed in the tax district where the principal office or place for transacting the financial concerns of the company shall be, or if such company haye no principal office, or place for transacting its financial concerns, then in the tax district where the operations of such company shall be 11 - earried on. In the case of toll bridges, the company owning such bridge shall be assessed in the tax district in which the tolls are collected; and.where the tolls of any bridge, turnpike, or canal company are collected in several tax districts, the com- pany shall be assessed in the tax district in which the treasurer or other officer authorized tc pay the last preceding divideas resides. § 12. Taxation of corporate stock.— The capital stock of every company liable to taxation, except such part of it as shall have been. excepted in the assessment-roll or shall be exempt by law, together with its surplus profits or reserve funds exceeding ten. per centum of its capital, after deducting the assessed value of its real estate, and all shares of stock in other corporations actually owned by such company which are taxable upon their capital stock under the laws of this state, shall be assessed at its actual value. § 13. Stockholders of bank taxable on shares.— The stock- holders of every bank or banking association organized under the authority of this state, or of the United States, shall be assessed and. taxed on the value of their shares of stock therein; said shares shall be included in the valuation of the personal prop- erty of such stockholders in the assessment of taxes in the tax district where such bank or banking association is located, and not elsewhere, whether the said stockholders reside in said tax district or not. § 14. Place ot taxation of individual bank capital— Every individual banker shall be taxable upon the amount of capital invested in his banking business in the tax district where the place of such business is located and shall, for that purpose, be deemed a resident of such tax district. en Se ey Oe a Section 20 21. 22. 23. . Bank shares, how assessed. . Individual banker, how assessed. . Notice of assessment to bank or banking association. ARTICLE II. Mode of Assessment. Ascertaining facts for assessment. Preparation of assessment-roll. Assessment of state lands in forest preserve. Banks to make report. . . Reports of corporations. . Penalty for omission to make statement. . Assessment of real property of nonresident. . Surveys and maps of nonresident real property. . Corporations, how assessed. . Assessment of agent, trustee, guardian or executor. . Assessment of omitted property. . Debts owing to nonresidents of United States, how, assessed. . Notice of completion of assessment-roll. . Hearing of complaints. < . Correction and verification of tax-roll. . Filing of roll and notice thereof. . Assessors to apportion valuation of railroad, tele- graph, telephone, or pipe line companies between school districts. . Neglect or omission of duty by assessors. . Abandonment of lot divisions. . Assessment of special franchise. . Report of state board of tax commissioners. . Hearing on special franchise assessment. 45, 46. 47. Certiorari to review assessment. Deduction from special franchise tax for local purpo-cs. Special franchise tax not to affect other tax. 8 20. Ascertaining facts for assessmént.—The assessors in each tax district may, by mutual agreement, divide it into conven- ient assessment districts not exceeding the number of such assessors. 13 The assessors in each tax district shall annually, between May first anc July first, ascertain by diligent inquiry all the property and the names of all the persons taxable therein. § 21. Preparation of assessment-roll.—They shall prepare an assessment-roll containing six separate columns and shall, according to the best information in their power, set down: 1. In the first column the names of all the taxable persons in the tax district. 2. In the second column the quantity of real property taxable to each person with a statement thereof in such form as the commis: sioners of taxes shall prescribe. 3. In the third column the full value of such real property. 4. Inthe fourth column the full value of all the taxable personal property owned by each person respectively after deducting the just debts owing by him. 5. In the fifth column the value of taxable rents reserved and chargeable upon lands within the tax district, estimated at a principal sum, the interest of which, at the legal rate per annum, shall produce a sum equal to such annual rents and if payable in any other thing except money the value of the rents in money to be ascertained by them and the value of each rent assessed separately, and if the ‘name of the person entitled to receive the rent assessed cannot be ascertained by the assessors, it shall be assessed against the tenant in possession of the real prop- erty upon which the rents are chargeable. 6. In the sixth column the value of the special franchise as fixed by the state board of tax commissioners. Am’d by ch. 712 of 1899. In effect, Oet. 1, 1899, § 22. Assessment of state lands in forest preserve.— All wild or forest lands within the forest preserve shall be assessed and taxed at a like valuation and rate as similar lands of individuals within the counties where situated. On or before August first in every year the assessors of the town within which the lands so belonging to the state are situated shall file in the office of the comptroller and of the board of fisheries, game and forest, a copy of the assessment-roll of the town, which, in addition to the other matter now required by law, shall state and specify which and how much, if any, of the lands assessed are forest lands, and which and how much, if any, are lands belonging to the state; such statements and specifications to be verified by the oaths of a majority of the assessors. The comptroller shall thereupon and before the first day of September following, and after hearing the assessors and the board of fisheries, game and forest, if they or any of them so desire, correct or reduce any assessment of state lands which may be in his judgment an unfair proportion‘ to the remaining assessment of land within the town, and shall 14 in other respects approve the assessment and communicate such approval to the assessors. No such assessment of state lands shall be valid for any purpose until the amount of assessment is approved by the comptroller, and such approval attached to and deposited with the assessment-roll of the town, and therewith delivered by the assessors of the town, to the supervisor thereof or other officer authorized to receive the same from the assessors. No tax for the erection of a schoolhouse or opening of a road shall be imposed on the state lands unless such erection or open- ing shall have first been approved in writing by the board of fisheries, game and forest. § 23. Banks to make report.— The chief fiscal officer of every bank or banking association, organized under the authority of this state or of the United States, shall, on or before the first day of July, furnish the assessors of the tax district in which its principal office is located, and also the state board of tax com- missioners, a statement, under oath, of the condition of such bank or banking association, on the first day of June next preceding, stating the amount of its authorized capital stock, the number of shares and the par value of the shares thereof, the amount of stock paid in, the data and rate per centum of each dividend declared by it during the year, the capital employed by it during the year, the amount of its surplus, if any, the amount, value and location of its real estate, a complete list of the names and residences of its stockholders, and the number of shares held by each, and such other data, information or matters as may be prescribed by the state board of tax commissioners, who shall furnish blanks upon which such reports shall be made, and pre- seribe the form of verification thereto, and such commissioners may, at any time, require a further and fuller report. In case of neglect or refusal on the part of any bank, corporation or asso- ciation to report, as herein prescribed, or to make other or further reports as may be required by the commissioners of taxes, such bank, corporation or association shall forfeit the sum of one hundred dollars for each failure, and the additional sum of ten dollars for each day such failure continues, and an action therefor shall be prosecuted by the state board of tax commissioners. 15 There shall, in addition to such report, be kept in the office of every such bank or banking association a full and correct list of the names and residences of all the stockholders therein and of the number of shares held by each, and such list shall be subject to the inspection of the assessors and the board of commissioners of taxes at all times. The list of stockholders furnished by such bank, corporation or association shall be deemed to contain the names of the owners of such shares as are set opposite them respectively, for the purposes of assessment and taxation. § 24. Bank shares, how assessed.— In assessing the shares of stock of banks or banking associations, organized under the authority of this state or the United States, each stockholder shall be allowed all the deductions and exceptions allowed by law in assessing the value of other taxable property owned by individual citizens of this state, and the assessment and taxa- tion shall not be at a greater rate than is made or assessed upon other moneyed capital in the hands of individual citizens of this state. In making such assessment, there shall also be deducted from the value of such shares a sum which bears the same pro- portion to such value as the assessed value of the real property of such bank or banking association bears to the capital stock thereof. This is not to be construed as an exemption of the real estate of banks or banking associations from taxation. § 25. Individual banker, how assessed.— Every individual banker doing business under the laws of this state, must report before the fifteenth day of June under oath to the assessors of the tax district in which any of the capital invested in such bank- ing business is taxable, the amount of capital invested in such banking business in such tax district on the first day of June pre- ceding. Such capital shall be assessed as personal property te the banker in whose name such business is carried on. § 26. Notice of assessment to bank or banking association.— The assessors of every tax district shall within ten days after they have completed the assessment of the stock of a bank or banking association, give written notice to such bank or banking association of such assessment of the shares of its respective 16 shareholders and no personal or other notice to such shareholders of such assessment is required. §27. Reports of corporations— The president or other proper officer of every moneyed or stock corporation deriving an income or profit from its capital or otherwise shall, on or before June fifteenth, deliver to one of the assessors of the tax district in which the company is liable to be taxed and, if such tax district js in a county embracing a portion of the forest preserve, to the comptroller of the state, a written statement specifying: . 1. The real property, if any, owned by such company, the tax district in which the same is situated and, unless a railroad cor- poration, the-sums actually paid therefor. 2. The capital stock actually paid in and secured to be paid in excepting therefrom the sums paid for real property and the amount of such capital stock held by the state and by any incor- porated literary or charitable institution, and 8 The tax district in which the principal office of the company js situated or in case it has no principal office, the tax district in which its operations are carried on. Such statement shall be verified by the officer making the same to the effect that it is in all respects just and true. If such state- ment is not made within twenty days after the fifteenth day of June, or is insufficient, evasive or defective, the assessors may compel the corporation to make a proper statement by man- damus. §28. Penalty for omission to make statement.— In case of neglect to furnish such statements within thirty days after the time above provided, the company so neglecting shall forfeit to the people of this state for each statement so omitted to be fur- nished, the sum of two hur dred and fifty dollars, and it shall be the duty of the attorney-general té prosecute for such penalty upon information which shall be furnished him by the comp- troller. Upon such statement being furnished and the costs of the suit being paid, the comptroller, if he shall be satisfied that such omission was not willful, may, in his discretion, discontinue such suit. § 29. Assessment of real property of nonresident.— The real A property of nonresidents of the tax districts shall be designated in-a separate part of the assessment-roll and if it be a tract subdivided into lots or parts of a tract so subdivided, the assessors shall: 1. Designate it by its name, if known by one, or if not distin- guished by a name or the name is unknown, state by what lands it is bounded. 2. Place in the first column the numbers of all unoccupied lots of any subdivided tract, without the names of the owner, beginning at the lowest number and proceeding in numerical order to the highest, but the entry of the name of the owner shall not affect the validity of the assessment. 3. In the second column and opposite the number of each lot, the quantity of land therein. 4. In the third column and opposite the quantity, the full value thereof. d. If it be a part of a lot, the part must be distinguished by boundaries or in some other way by which it.may be identified. If any such real property be a tract not subdivided or whose -subdivisions can not be ascertained by the assessors, they shall certify in the roll that such tract is not subdivided, or that they can not obtain correct information of the subdivisions and shall set down in the proper column the quantity and valuation as herein directed. If the quantity to be assessed is‘a part only of a tract, that part, or the part not liable must be particularly described. § 30. Surveys and maps of nonresident real property.— If the assessors shall deem it necessary to have an actual survey made, to ascertain the quantity of any lot or tract of nonresident real property divided by a town line, they shall notify the supervisor, who shall cause the necessary surveys to be made at the expense of the town. If a part only of a tract of real property is liable to taxation as nonresident and the assessors can not otherwise designate such part, they shall notify the supervisor of the town, who shall cause a survey and two manuscript maps to be made for the purpose of ascertaining the situation and quantity of such part. One of Beh maps shall be delivered to the county treas- 18 urer and by him to be transmitted to the comptroller in case the county in which the land is situated embraces a part of the forest preserve; and in other counties it shall be retained by him. The other map shall be delivered to the assessors, who shall then complete the assessment of the tract and deposit the map in the town clerk’s office for the information of future assessors. The expense of making such survey shall be immediately repaid to the supervisor out of the county treasury and added by the board of supervisors to the tax on such tract, distinguishing it from the ordinary tax. § 31. Corporations, how assessed.— The assessors shall assess. corporations liable to taxation in their respective tax districts upon their assessment-rolls in the following manner: 1. In the first column the name of each corporation, and under its name the amount of its capital stock paid in and secured to be paid in; the amount paid by it for real property then owned by it wherever situated; the amount of all surplus profits or reserve funds exceeding ten per centum of their capital, after deducting therefrom the amount of said real property and the amount of its stock, if any, belonging to the state and to incor- porated literary and charitable institutions. 9. In the second column the quantity of real property except spe- cial franchises owned by such corporation and situated within their tax district. 3 In the third column the actual value of such real property, ex- cept special franchises. 4. In the fourth column the amount of the capital stock paid in and secured to be paid in, and of all of such surplus profits or reserve funds as aforesaid, after deducting the sums paid out for all the real estate of the company, wherever the same may be situated, and then belonging to it, and the amount of stock, if any, belonging to the people of the state and to incorporated literary and charitable insti- tutions. 5. In the fifth column the: value of any special franchise owned by it as fixed by the state board of tax commissioners, Am’d by ch. 712 of 1899. In effect, Oct. 1, 1899. § 82. Assessment of agent, trustee, guardian or executor, —If a_person holds taxable property as agent, trustee, guardian, executor or administrator, he shail be assessed therefor as such, with the addi- tion to his name of his representative character, and such assessment shall be carried out in a separate line from his individual assessment. 19 § 33, Assessment of omitted property.— The assessors of any tax district shall, upon their own motion, or upon the application of any taxpayer therein, enter in the assessment-roll of the current year any property shown to have been omitted from the assessment-roll of the preceding year, at the valuation of that year, or if not then valued, at such valuation as the assessors shall determine for the preceding year, and such valuation shall be stated in a separate line from the valuation of the current year. ; § 34. Debts owing to nonresidents of the United States, how assessed.— Every agent in any county of a nonresident creditor having debts owing to him, taxable in any county of the state, shall annually, on or before June first, furnish to the county treasurer of the county where the debtor resides, a true and accurate statement verified by his oath, of such debts owing on the first day of May next preceding in each town or ward in such county. The county treasurer shall, immediately upon the re- ceipt of such statement, make out and transmit to the assessors of every tax district in the county in which any such debtor resides, a copy of so much of such statement as relates to the tax district of such assessors, with the name of the creditor. The assessors on receipt of such statement from the county treasurer shall, within the time in which they are required to complete the assessment-roll, enter therein the name of such nonresident creditor, and the aggregate amount due him in such tax district on the first day. of May next preceding, in the same manner as other personal property is entered on the roll, adding the name of the debtor owing such debt. Any agent neglecting or refusing without good cause to furnish such statement to the county treasurer shall forfeit to the county in which the debtor resides the sum of five hundred dollars, recoverable by the district attorney, if the existence of such debts was known to the agent. § 35. Notice of completion of assessment-roll_— The assessors shall complete the assessment-roll on or before the first day of August, and make out one copy thereof, to be left with one of their number, and forthwith cause a notice to be conspicuously posted in three or more public places in the tax district, stating 20 that they have completed the assessment-roll, and that a copy thereof has been left with one of their number at a specified © place, where it may be seen and examined by any person until the third Tuesday of August next following, and that on that day they will meet at a time and place specified in the notice to re- view their assessments. In any city the notice shall conform to the requirements of the law regulating the time, place and manner of revising assessments in such city. During the time specified in the notice the assessor with whom the roll is left shall submit it to the inspection of every person applying for that purpose. | § 36. Hearing of complaints.— The assessors shall meet at the time and place specified in such notice, and hear and determine all complaints in relation to such assessments brought before them, and for that purpose they may adjourn from time to time. Such complainants shall file with the assessors a statement, under oath, specifying the respect in which the assessment com- plained of is incorrect, which verification must be made by the person assessed or whose property is assessed, or by some person authorized to make such statement, and who has knowledge of the facts stated therein. The assessors may administer oaths, take testimony and hear proofs in regard to any such complaint and the assessment to which it relates. If not satisfied that such assessment is erroneous, they may require the person assessed, or his agent or representative, or any other person, to appear before them and be examined concerning such complaint, and to produce any papers relating to such assessment with respect to his property or his residence for the purpose of taxation. If any such person, or his agent or representative, shall willfully neglect or refuse to attend and be so examined, or to answer any material question put to him, such person shall not be entitled to any reduction of his assessments. Minutes of the examination of every person examined by the assessors upon the hearing of any such complaint shall be taken and filed in the office of the town or city clerk. The assessors shall, after said examination, fix the yalue of the property of the complainant and for that pur- pose may increase or diminish the assessment thereof. al § 37. Correction and verification of tax-roll—When the assessors, or a majority of them, shall have completed their roll, they shall severally appear before any officer of their county, authorized by law to administer oaths, and shall severally make and subscribe before such officer an oath in the following form: “We, the undersigned, do severally depose and swear that we have set down in the foregoing assessment-roll all the real estate situated in the tax district in which we are assessors, according to our best information; and that, with the exception of those cases in which the value of the said real estate has been changed by reason of proof produced before us, and with the exception of those cases in which the value of any special franchise has been fixed by the state board of tax commissioners, we have estimated the value of the said real estate at the sums which a majority of the assessors have decided to be the full value thereof; and, also, that the said assess- ment-roll contains a true statement of the aggregate amount of the taxable personal estate of each and every person named in such roll over and above the amount of debts due from such persons, respect- ively, and excluding such stocks as are otherwise taxable, and such other property as is exempt by law from taxation, at the full value thereof, according to our best judgment and belief,” which oath shall be written or printed on said roll, signed by the assessors and certified by the officer. Am’d by ch. 712 of 1899. In effect Oct. 1, 1899. § 38. Filing of roll and notice thereof— The assessment-roll when thus completed and verified shall be filed on or before September first, in the office of the town or city clerk, there to remain for fifteen days for public inspection. The assessors shall forthwith cause a notice to be posted conspicuously in at least three public places in the tax district and to be published in one or more newspapers, if any, published in the town or city, that such assessment-roll has been finally completed and stating that it has been so filed and will be there open to public inspection. At the expiration of such fifteen days, the town or city clerk shall deliver such roll to a supervisor of the tax district embraced therein. € 39. Assessors to apportion valuation of railroad, telegraph, telephone, or pipe line companies between school districts.— The assessors of each town in which a railroad, telegraph, tele- 22 phene or pipe line company is assessed upon property lying in more than one school district therein, shall, within fifteen days after the final completion of the roll, apportion the assessed valuation of the property of each of such corporation among such school districts. Such apportionment shall be signed by the assessors or a majority of them, and be filed with the town clerk within five days thereafter, and thereupon the valuation so fixed shall become the valuation of such property in such school district for the purpose of taxation. In case of failure of the assessors to act, the supervisor of the town shall make such apportionment on request of either the trustees of any school district or of the corporation assessed. The town clerk shall fur- nish the trustees a certified statement of the valuations appor- tioned to their respective districts. In case of any alteration in any school district affecting the valuation of such property, the officer making the same shall fix and determine the valuations in the districts affected for the current year. § 40. Neglect or omission of duty by assessors. — The assessors, in the execution of their duties, shall use the forms and follow the instructions transmitted to them, from time to time, by “the commissioners of taxes. If any assessor shall neglect or omit to perform any duty, the other assessors shall perform such duty and shall certify upon the assessment-roll the name of the delinquent assessor, stating therein the cause of such omission, and the assessment-roll, when otherwise made and completed in accordance with the requirements of this article, shall be deemed to be the assessment-roll of all the assessors. If the assessors shall neglect to meet for the purpose of hearing grievances any person aggrieved by the assessment may appeal to the board of supervisors at its next meeting, which shall have the same power to review and correct such assessment as the assessors have under this article. If any assessor shall refuse or neglect to per- form any duty or do any act required of him by this article, he shall forfeit to the county the sum of fifty dollars, to be recovered by the district attorney. § 41. Abandonment of lot divisions.— Whenever more than ten years shall have elapsed after the subdivision of any tract of 25 land into lots, plots or sites, with or without proposed streets, the owner of such tract, or of any part thereof composed of two or more contiguous lots may, by an instrument in writing, duly executed and acknowledged and describing such land, disclaim and abandon such subdivision including any streets not opened, uccepted or used by the public and which are not necessary for the use of an owner or occupant of any part of said tract; and thereupon such subdivision, as to the lands described in such instrument, shall be deemed abandoned and of no effect; and thereafter the lands described therein shall, for the purpose of taxation, be regarded as a single tract. If a map of such sub- division has been filed in the office of the county clerk or register of deeds, such instrument may be recorded in said office, and a notice of such record shall thereupon be indorsed by the clerk or register upon such map. This section shall not apply to a county embracing a portion of the forest preserve. § 42. Assessment of special franchise.—The state board of tax commissioners shall annually fix and determine the valuation of each special franchise subject to assessment in each city, town, village or tax district. Such board shall not less than ten nor more than thirty days next preceding the date when an annual assessment is required by law to be completed in any such city, town or village, file with the clerk of such city, town or village a written statement of the valuation of each special franchise in such city, town, village or tax district as fixed and determined by such board ; and ihe valua- tion so fixed, shall be the assessed valuation on which all taxes based on such special franchise in such city, town or village for state, muni- cipal, school or highway purposes, shall be levied during the next en- suing year. The assessors or other taxing officer, or other local of- ficer in any city, town or village, or any state or county officer, shall on demand furnish to the state board of tax commissioners any in- formation required by such board for the purpose of determining the value of a special franchise. Hach city, town or village clerk shall within five days after the receipt by him of a statement of assessment oi a special franchise by the state board of tax commissioners, deliver 23a a copy of such statement certified by him to the assessors or other officers charged with the duty of making local assessments, in each tax district in such city, town or village. The valuation of a special franchise us so fixed by the state board of tax commissioners shall be entered by the assessors or other officers in the proper column of the assessment-roll. Am'd by ch. 712 of 1899. In effect Oct. 1, 1899. § 43. Report to state board of tax commissioners.—Every person, co-partnership, association or corporation subject to taxation on a special franchise, shall, within’ thirty days after this section takes effect, or within thirty days after such special franchise is ac- quired, make a written report to the state board of tax commissioners containing a full description of every special franchise possessed or enjoyed by such person, co-partnership, association or corporation, a copy of the special law, grant, ordinance, or contract under which the same is held, or if possessed or enjoyed under a general law, a ref- erence to such law, a statement of any condition, obligation or bur- den imposed upon such special franchise, or under which the same is enjoyed, together with any other information relating to the value of such special franchise, required by the state board. The state board of tax commissioners may from time to time require a further or supplemental report from any such person, co-partnership, associa- tion or corporation, containing information and data upon such mat- ters as it may specify. Every report required by this section shall have annexed thereto the affidavit of the president, vice-president, secretary or treasurer of the association or corporation, or one of the persons or one of the members of the co-partnership making the same, to the effect that the statements contained therein are true. Such board may prepare blanks to be used in making the reports required by this section. Every person, co-partnership, association or corporation failing to make the report required by this section, or failing to make any special report required by the state board of tax commissioners within a reasonable time specified by it, shall forfeit to the people of the state the sum of one hundred dollars for every such failure and the additional sum of ten dollars for each day that such failure continues, and shall not be entitled to review the assess- ment by certiorari, as provided by section forty-five of this chapter. Amd by ch. 712 of 1899. In effect, Oct. 1, 1899. § 44. Hearing on special franchise assessment.—On making an assessment of a special franchise, the state board of tax commissioners 23b shall immediately give notice in writing to the person, co-partnership, association or corporation affected, stating in substance that such as- sessment has been made, the total valuation of such special franchise, and the valuation thereof in each city, town, village or tax district ; and that the board will meet at its office in the city of Albany on a day specified in such notice, which must not be less than twenty nor more than thirty days from the date of the notice, to hear and de- termine any complaint concerning such assessment. Such notice must be served at least ten days before the day fixed for the hearing; and it may be served on a co-partnership, association or corporation, by mailing a copy thereof to it at its principal office or place of busi- ness and on a person, either personally or by mailing it to him at his . place of business or last known place of residence. Section thirty- six of this chapter applies so far as practicable toa hearing by the state board of tax commissioners under this section. Am’d by ch. 712 of 1899. In effect Oct. 1, 1899. § 45. Certiorari to review assessment,—An assessment of a special franchise by the state board of tax commissioners may be re- viewed in the manner prescribed by article eleven of this chapter, and that article applies so far as practicable to such an assessment, in the same manner and with the same force and effect as if the assess- ment had been made by local assessors; except that a petition for a writ of certiorari to review the assessment must be presented within fifteen days after notice of the filing of the statement of the valua- tion of a special franchise with the clerk of the city, town or village, as prescribed by section forty-two of this chapter. Such writ must run to and be answered by said state board of tax commissioners and no writ of certiorari to review any assessment of a special fran- chise shall run to any other board or officer unless otherwise directed by the court or judge granting the writ. An adjudication made in the proceeding instituted by such writ of certiorari shall be binding upon the local assessors and any ministerial officer who performs any duty in the collection of said assessment in the same manner as though said local assessors or officers had been parties to the proceeding. The state board of tax commissioners on filing with the city, town or village clerk a statement of the valuation of a special franchise, shall give to the person, co-partnership, association or corporation affected written notice that such statement has been filed, and such notice may be served on a co-partnership, association or corporation by 23c¢ mailing a copy thereof to it at its principal office or place of business, and ona person either personally or by mailing it to him at his place of business or last known place of residence. Am’d by ch. 712 of 1899. In effect, Oct. 1, 1899. § 46. Deduction from special franchise tax for local pur- poses. —If, when the tax assessed on any special franchise is due and payable under the provisions of law applicable to the city, town or vil- lage in which the tangible property is located, it shall appear that the person, co-partnership, association or corporation affected has paid to such city, town or village for its exclusive use within the next preceding year, under any agreement therefor, or under any statute requiring the same, any sum based upon a percentage of gross earn- ings, or any other income, or any license fee, or any sum of money on account of such special franchise, granted to or possessed by such per- son, co-partnership, association, or corporation, which payment was in the nature of a tax, all amounts so paid for the exclusive use of such city, town or village except money paid or expended for paving or repairing of pavement of any street, highway or public place, shall be deducted from any tax based on the assessment made by the state board of tax commissioners for city, town or village purposes, but not otherwise ; and the remainder shall be the tax on such special franchise payable for city, town or village purposes. The cham- berlain or treasurer of a city, the treasurer of a village, the super- visor of a town, or other officer to whom any sum is paid for which a person, co-partnership, association, or corporation is entitled to credit as provided in this section, shall, not less than five nor more than twenty days before a tax on a special franchise is payable, make and deliver to the collector or receiver of taxes or other officer authorized to receive taxes for such city, town or village, his certificate showing the several amounts which have been paid during the year ending on the day of the date of the certificate. On the receipt of such certificate the collector, receiver or other officer shall immediately credit on the tax roll to the person, co-partnership, association or corporation affected the amount stated in such certificate, on any tax levied against such person, co-partnership, association or corporation on an assessment of a special franchise for city, town or village purposes only, but no credit shall be given on ac- count of such payment or certificate in any other year, nor for a greater sum than the amount of the special franchise tax for city, 23d town or village purposes, for the current year; and he shall collect and receive the balance, if any, of such tax as required by law. Am’d by ch. 712 of 1899. In effect Oct. 1, 1899. § 47. Special frachise tax not to affect other tax.—The im- position or payment of a special franchise tax as provided in this chapter shall not relieve any association, co-partnership or corpora- tion from the payment of any organization tax or franchise tax or any other tax otherwise imposed by article nine of this chapter, or by any other provision of law; but tangible property subject to a special franchise tax situated in, upon, under or above any street, highway, public place or public waters, as described in subdivision three of section two shall not be taxable except upon the assessment made as herein provided by the state board of tax commissioners, Am‘d by ch. 712 of 1899. In effect, Oct. 1, 1899. ARTICLE III. Equalization of Assessment and Levy of Tax. Section 50. Equalization by board of supervisors. 51. Description of real property of nonresidents. 52. Review of assessments against nonresident owners of rents reserved. 53. Correction of errors by board of supervisors. 54. Reassessment of property illegally assessed. 55. Levy of tax by supervisors. 56. Tax-roll and collector’s warrant. 57. Statement of taxes upon certain corporations by clerk of supervisors. 58. Statement of valuation to be furnished to comp- troller. 59. Abstract of warrant to be furnished county treasurer. 3 50. Equalization by board ot supervisors.— The board of supervisors of each county in this state, at its annual meeting, shall examine the assessment-rolls of the several tax districts in the county, for the purpose of ascertaining whether the valua- tions in one tax district bear a just relation to the valuations in 24 all the tax districts in the county; and the board may increase or diminish the aggregate valuations of real estate in any tax district, by adding or deducting such sum upon the hundred, as may, in its opinion, be necessary to produce a just relation between all the valuations of real estate in the county; but it shall, in no instance, change the aggregate valuations of all the tax districts from the aggregate valuation thereof as made by the ASSESSOTFS. § 51. Description of real property of nonresidents.— The board of supervisors of each county, at its annual meeting, shall exam- ine the assessment-rolls of the several tax districts, and shall make such changes in the descriptions of the real property of nonresidents aS may be necessary to render such descriptions sufficiently definite for the purposes of collection of taxes by sale thereof. If a sufficiently definite description can not be obtained during the session, the board shall cause the same to be obtained for the next annual session, and the property shall not be taxed until such description is obtained, and shall then be taxed for the year so omitted, in the manner provided for taxing omitted lands. § 52. Review of assessment against nonresident owners of rents reserved.—If an assessment of taxable rents shall have been made against any person in any tax district of which he is not an actual resident, the board of supervisors of the county shall have the same power and authority in all respects, and it shall be its duty to correct such assessments as to the valuation of such rents and as to the gross amount for which such persons shall be assessed therefor, as the assessors of a tax district have as to the assessment of personal property of an actual resident of such tax district. The board may reduce the amount of any such assessment, if necessary, to make such assessment just when compared with the other assessments of property upon such roll. § 53. Correction of errors by board of supervisors.— If it shall ‘be made to appear to the board of supervisors of any county, upon the verified petition of the assessors of any tax district; First. That any property taxable therein has, by any mistake in transcribing or copying the assessment-roll of the preceding 25 year, been placed on the assessment-roll delivered to the super- > visor, at a valuation less than actually appearing upon the origi- nal roll signed by the assessors, such board shall insert in the assessment-roll of the current year an assessment of the property upon the valuation equal to the difference between the actual valuation made by the assessors and the amount at which, by Such mistake, the property was placed upon the roll of the pre- ceding year, and tax the same at the rate per centum imposed upon property in such tax district in the year in which the mis- take occurred. Second. That any taxable property therein has been omitted from the assessment-roll of the preceding year, such board shall place the same on the roll of the current year at its valuatiom for the preceding year, ta be fixed by the assessors in their pe ition, and shall tax the same at the rate per centum of the Sy faite year. ‘Third. That taxable property has been omitted from the as- sessment-roll, for the current year, such board shall place the same thereon at a valuation to be fixed by the assessors in their petition, and shall tax the same at the rate per centum of the current year. A copy of the petition under the second or third subdivision of this section, with a notice of the presentation thereof to the board of supervisors, shall be served personally on the per- son alleged to be liable to taxation for the land omitted from the assessment-roll, at least ten days before the meeting of the board of supervisors; and the board of Supervisors shall take no action on such petition, unless proof of the personal service of such petition and notice be made to them by affidavit. The board of supervisors shall give to the person alleged to be liable to taxation for such omitted land, an opportunity to be heard, and on such hearing and review the board of Supervisors shall have, as to such omitted property all the powers of the assessors of a tax district in reviewing and correcting the assessment-roll. The whole amount of tax levied upon land or property omitted in the tax levy of the preceding year shall be deducted from the 26 aggregate of taxation to be levied on the tax district for the current year before such tax is levied. $ 54. Reassessment of property illegally assessed.— Whenever by the final judgment of a court of competent jurisdiction, it appears to the board of supervisors that any property liable to taxation in any year was erroneously or illegally assessed, and that by reason of such erroneous or illegal assessment, such property did not become subject to taxation for such year, the board shall place the same on the roll of the current year at the valuation thereof, if any, fixed by the assessors for such pre- ceding year; and in case no valuation was fixed by the assessors, such property shall be assessed by the board at such valuation as they may determine for the preceding year. Before fixing such valuation, the board of supervisors shall give to the owners of such property, at the time of the assessment by the board, a notice of at least five days and an opportunity to be heard, and on such hearing, the board shall have, as to such property, all the powers of the assessors of a tax district in reviewing and correcting an assessment-roll. Such property shall be taxed at the rate per centum of such preceding year. The whole amount of tax on property levied in pursuance of this section shall be deducted from the aggregate of taxation to be levied on the tax district for the current year, before such tax is levied. . § 55. Levy of tax by supervisors.— The board of supervisors of each county shall, at its annual meeting, levy the taxes for the county, including the state tax, upon the valuations as equal- ized by it and estimate and set down in a separate column in the assessment-roll of each tax district therein, opposite to the sums set down as the valuation of real and personal property or property of incorporated companies or of the taxable rents reserved, the sum to be paid as a tax thereon, including the state tax, as fixed by the comptroller. Such assessment-roll shall, when the warrant is annexed thereto, become the tax-roll of the tax district, and a copy thereof shall be delivered to the proper supervisor, who shall deliver it to the clerk of the proper city or town to be kept by him for its use. 27 _- § 56. Tax-rollandcollector’s warrant.— On or before Decem- ber fifteenth, in each year, the board of supervisors shall annex to the tax-roll a warrant under the seal of the county, signed by the chairman and clerk of the board, commanding the collector of each tax district, to whom the same is directed, to collect from the several persons named in such roll the several sums mentioned in the last column thereof opposite their respective eames, on or before the first day of the following February, and further commanding him to pay over on or before that date, all moneys so collected, appearing on said roll, to the treasurer of the county, if he be a collector of a city or a division thereof, or if he be a collector of a town: 1. To the commissioners of highways of the town, such sum as shall have been raised for the support of highways and bridges therein. 2. To the overseers of the poor of the town, such sum as shall have been levied, to be expended by such overseers for the support of the poor therein. 3. To the supervisor of the town, all of the moneys levied therein, to defray any other town expenses or charges. 4, To the treasurer of the county, the residue of the money so to be collected. If the law shall direct the taxes levied for any local or special purpose in a city or town, to be paid to any person or officer other than ‘those named in this section, the warrant shall be varied so as to conform to such direction. The warrant shall authorize the collector to levy such taxes by distress and sale, in case of nonpayment. The corrected assessment-roll, or a fair copy thereof, shall be delivered by the board of supervisors to the collector of the tax district on or before December fifteenth, in each year. § 57. Statement of taxes upon certain corporations by clerk ofsupervisors — The clerk of each board of supervisors.shall, within five days after the tax warrant is completed, deliver to the county treasurer, a statement showing the names, valuation of property and the amount of tax of every railroad corporation and telegraph, telephone and electric-light line in each tax dis- 4 28 trict in the county, and on refusal or neglect so to do, shall forfeit to the county the sum of one hundred dollars, to be sued for by the district attorney in the name of the county. § 58. Statement of valuation to be forwarded to comptroller.— The clerk of each board of supervisors shall, on or before the second Monday in December, transmit to the comptroller, in the form to be prescribed by such comptroller, a certificate or return of the aggregate assessed and equalized valuation of the real and personal estate in each tax district as the valuation of such, real estate has been corrected by such board, and the amourt of tax assessed thereon for town, city, school, county and state purposes. Also the names of the several incorporated com- panies liable to taxation in such county, the nature of their business, the amount of the capital stock paid in and secured to be paid in by each, the amount of real and personal property of each as put down by the assessors, or by it, the amount of taxes assessed on each, and the amount of personal property oni which each such corporation is exempt on account of the pay- ment of state taxes on its capital. In the city of New York such report shall be made by the clerk or the board of aldermen, and for the purpose of making such report he may require any, department or beard of such city to furnish the necessary, information. § 59. Abstract of warrant to be furnished county treasurer.— On or before the twentieth day of December in each year, the elerk of the board of supervisors shall transmit to the treasurer of the county an abstract of the tax-rolls, stating the names of the collectors, the amount of money which each is to collect, the purpose for which it is to be collected, and the persons to whom and the time when it is to be paid. The county treasurer, on receiving such account, shall charge to each collector the amount to be collected by him. Section 70. (ab . Collection of taxes assessed against stock in banks 86. 87. 29 ARTICLE IV. Collection of Taxes. Notice by collector. Collection of taxes. and banking associations. . Payment of taxes by railroad and certain other corporations. . Enforcement of tax against telegraph, telephone and electric light lines. . Collection of taxes on rents reserved, . Collection of unpaid taxes on debts owing to non- residents of the United States. . Return of warrant for collection of taxes on debts owing to nonresidents; neglect to make return. . Remedy of tenant for taxes on part of lot. . Payment of taxes on part of lot. . Payment of taxes on state lands in forest preserve. . Fees of collector. . Return by collector of unpaid taxes. . Return when collection has been enjoined. . Payment of moneys collected. . Extension of time for collection. Appointment of collector in case of vacancy When sheriff shall execute collector’s warrant. . Satisfaction of collector’s bond. . Unpaid tax on resident real property to be reassessed. . Payment to creditors of the county. . Payment of state tax. . Accounts of county treasurer with comptroller. . Losses by default of collector or treasurer. . Article, how applicable. & 70. Notice by collector.—Every collector, upon receiving a tax roll and warrant, shall forthwith cause notice of the reception thereof to be posted in five conspicuous places in the tax district, specifying one or more convenient places in such tax district, where he will attend from nine o'clock in the forenoon until four o'clock in the afternoon, at least thee days, and if in a city, at least five days, in 30 each week for thirty days from the date of the notice, which shall be the date of the posting or first publication thereof, which daysshall be specified in such notice, for the purpose of receiving the taxes assessed upon such roll. The collector shall attend accordingly, and any person may pay his taxes to such collector at the time and place so designated, or at any other time or place. Ina city, the notice in addition to being posted shall be published once in each week, for two weeks successively, in a newspaper published in such city. On the written demand of a non-resident owner of real property included in such tax roll, and the payment by such owner to the collector of the sum of twenty-five cents, the collector shall within twenty-four hours after the receipt of such demand mail in a postpaid en- velope directed to such non-resident owner, to the orders to be furnished in such demand, a statement of the amount of taxes assessed against such property with a notice of the dates and places fixed by him for receiving taxes. Am’d by ch. 342 of 1899. § 71. Collection of taxes.—After the expiration of such period of thirty days, the collector shall call, at least once, on every person taxed upon such roll, whose taxes are unpaid, at his usual place of residence, if he is an actual inhabitant of such tax district, and demand payment of the taxes charged to him on his property. If any person shall neglect or refuse to pay any tax imposed on him, the collector shall levy upon any per- sonal property in the county belonging to or in the possession of any person who ought to pay the tax, and cause the same to be sold at public auction for the payment of such tax, and the fees and expenses of collection; and no claim of property to be made thereto by any other person shall be available to prevent such sale. Public notice of the time and place of sale of the property to be sold shall be given by posting the same in at least three public places in the tax district where the sale is to be made, at least six days previous thereto. If the proceeds of such sale shall be more than the amount of such tax, the fees of the collection and the expenses of the sale, the surplus shall be paid to the person against whom the tax was assessed. If any other person shall claim the surplus, on the ground that the property sold belonged to him, and such claim be admitted by the person for the payment of whose tax the sale was made, such surplus shall be paid to such other person. If such claim be contested by the person for the payment of whose tax the prop- erty was sold; such surplus shall be paid over by the collector to the supervisor of the town, who shall retain the same until the rights of the parties thereto shall be determined by due dl course of law, or by agreement in writing made by them and filed with the supervisor. § 72. Collection of taxes assessed against stocks in banks and banking associations.— Every bank or banking association shall retain any dividend until the delivery to the collector of the tax-roll and warrant of the current year, and within ten days after such delivery, shall pay to such collector so much of such dividend as may be necessary to pay any unpaid taxes assessed on the stock upon which such dividend is declared. In case the owner of such stock resides in a place other than where the bank or banking association is located, the same power may be exer- cised in collecting the tax so assessed as is given in case a per- son has removed from a tax district in which the assessment was made. The tax so assessed shall be and remain a lien on the shares of stock against which it is assessed till the payment of such tax, and if the stock is transferred it shall be subject to such lien. The collector or county treasurer may foreclose such lien in any court of record, and collect from the avails of the sale of the stock the tax assessed against the same. In addi- tion thereto, the same remedy may be had for the collection of the tax on such shares as is now provided by law for enforcing payment of personal tax against residents. § 73. Payment of taxes by railroad and certain other corpora- tions.— Any railroad, telegraph, telephone or electric-light com- pany may, within thirty days after receipt of notice by the county treasurer from the clerk of the board of supervisors, pay its tax, with one per centum fees, to the county treasurer, who shall credit the same with such fees to the collector of the tax district, unless otherwise required by law. If not so paid the county treasurer shall notify the collector of the tax dis- trict where it is due, and he shall then proceed to collect under his warrant. Until such notice from the treasurer the collector shall not enforce payment of such taxes, but may receive the same, with the fees allowed by law, at any time. § 74. Enforcement of tax against telegraph, telephone and electric-light lines.— Collection of tax against a telegraph, tele- phone or electric-light line may be enforced by sale of the instru- ments and batteries connected with such line, and in case there 32 is not sufficient personal property, together with such instru- ments and batteries, to pay such tax and the percentage due the collector, he shall return a statement thereof to the county treasurer as other unpaid taxes are returned, and the county, treasurer shall proceed to sell such part of the line in the tax district where the tax was levied as may be necessary to satisfy the unpaid taxes and percentage, in the manner now provided by law for the sale of lands on execution, and upon such sale shall execute to the purchaser a conveyance of such part of said line, and the purchaser shall thereupon become the owner thereof. Nothing herein contained shall be construed to prevent collec- tion of such taxes by any procedure now provided by law. § 75. Collectionof taxes on rents reserved.— If any tax upon any such tax-roll upon rents reserved is not paid, the collector shall collect the same by levy and sale of the personal property of the persons against whom the tax is levied, which may be found within the county. If no sufficient personal property belonging to such person can be found in the tounty, the collector shall collect such tax of the tenant or lessee in possession of the premises, on which the rent is reserved, in the same manner as if such tax had been assessed against such tenant or lessee. Every such tenant or lessee paying any such tax, or of whom any such tax shall be collected, shall be entitled to have the amount thereof, with interest, deducted from the amount of rent reserved upon such premises, which may be due or may thereafter become due thereon, or may maintain an action to recover the same. § 76. Collection of unpaid taxes on debts owing to nonresi- dents of the United States.— If it shall appear by the return of any collector that any tax imposed upon a debt owing to a per- son residing out of the United States remains unpaid, the county treasurer shall, after the expiration of twenty days from such return, issue his warrant to the sheriff of any county in this state where any debtor of any such nonresident creditor may reside, commanding him to make of the real and personal prop- erty of such nonresident the amount-of such tax, to be specified in a schedule annexed to the warrant, with his fees and the sum of one dollar for the expense of issuing such warrant, and to return the warrant to the treasurer issuing the same, and to 33 pay over to him the money which shall be collected by virtue thereof, except the sheriff’s fees, by a day therein to be specified within sixty days from the date thereof. The taxes upon several debts owing to a nonresident shall be included in one warrant. The taxes upon several debts owing to different nonresidents may be included in the same warrant, and the sheriff shall be directed to levy the sum specified in the schedule annexed, upon the real and personal property of the nonresidents, respectively, opposite to whose names, respectively, such sums shall be written, with fifty cents for the expenses of the warrant. Such warrant shall be a lien upon and shall bind the real and personal property of the nonresidents against whom issued from the time an actual levy shall be made upon any property by virtue thereof, and the sheriff to whom the warrant shall be directed shall proceed upon the same, in all respects, with like effect, and in the same manner, as prescribed by law, in respect to execution against property issued upon judgment rendered in the supreme court, and shall be entitled to the same fees for his services in executing the same, to be collected in the same manner. § 77. Return of warrant for collection of taxes on debts owing to nonresidents; neglect to make return.— If any sheriff shall neglect to return any such warrant as directed therein, or to pay over any money collected by him in purstiance thereof, he shall be proceeded against in the supreme court by attachment in the same manner, and with like effect, as for similar neglect in reference to an execution issued out of the supreme court in a similar action, and the proceedings therein shall be the same in all respects. If any such warrant shall be returned unsatisfied, wholly or partly, the county treasurer may obtain an order from a judge of the supreme court of the district, or a county judge of the county, of such treasurer, issuing the warrant, requiring such nonresident or any person having property of such nonresident or indebted to him, to appear and answer concerning the prop- erty of such nonresident. The same remedies and proceedings may be had in the name of such county treasurer or comptroller before the officer granting such order, and with a like effect, as are provided by Ha in proceedings against a judgment debtor 34 supplementary to execution agaivst him, returned wholly or in part unsatisfied. The expenses of a county treasurer, and such compensation as the board of supervisors may allow him for his services under this section, and for making and transmitting to the assessors of the several towns of his county an abstract or copy of the statements of the agents of nonresident creditors, shall be a county charge. _ § 78. Remedy of tenant for taxes paid by him.— If a tax upon real property shall have been collected of any occupant or tenant, and any other person, by agreement or otherwise, ought to pay such tax, or any part thereof, such occupant or tenant shall be entitled to recover, by action, the amount which such person ought to have paid; or to retain the same from any rent due or accruing from him to such person for the land so taxed. § 79. Payment of taxes on part of lot— The collector shall receive the tax on part of any lot, piece or parcel of land charged with taxes, provided the person paying such tax shall furnish such particular specification of such part, and in case the tax on the remainder thereof shall remain unpaid the collector shall enter such specification on his return to the county treasurer, clearly showing the part on which the tax remains unpaid, and if the part on which the tax shall be so paid shall be an undivided share; the person paying the same shall state to the collector who is the owner of such share, and the collector shall enter the name of such owner on his account of arrears of taxes,. and such share shall be excepted in case of a sale for the tax on the remainder. § 80. Payment of taxesonstatelandsin forest preserve.— The treasurer of the state, upon the certificate of the comptroller as to the correct amount of such tax, shall pay the tax levied upon state lands in the forest preserve, by crediting to the treasurer of the county in which such lands may be situated, such taxes, upon the amount payable by such county treasurer to the state for state tax. No fees shall be allowed by the comptroller to the county treasurer for such portion of the state tax as is so paid. 35 § 81. Fees of collector. — On all taxes paid within thirty days from the date of notice that he has received the.roll, the col- lector shall be entitled to receive, if the aggregate amount shall not exceed two thousand dollars, two per centum, and otherwise one per centum, in addition thereto. On all taxes collected after the expiration of such period of thirty days, the collector shall be entitled to receive five per centum in addition thereto. The col- lector shall be entitled to receive from the county treasury two per centum as fees for all taxes returned to the county treasury as unpaid. § 82. Return by collector of unpaid taxes.— Every collector who makes and delivers to the county treasurer an account of unpaid taxes, upon the tax-roll annexed to his warrant, which he shall not have been able to collect, verified by his affidavit, that the sums mentioned therein remain unpaid, and that he has not, upon diligent inquiry been able to discover any personal property out of which the same could be collected by levy and sale, shall be credited by the county treasurer with the amount of such account. In making such return of unpaid taxes, the col- lector shall add thereto five per centum of the amount thereof. In case such tax is uncollected upon lands assessed to a resi- dent he shall also state the reason why the same was not col- lected. Such return shall be indorsed upon or attached to said roll, and shall be in the form to be prescribed by the state board of tax commissioners. Such tax and percentage may be paid to the county treasurer at any time before a return is made to the. comptroller. § 83. Return when collection has been enjoined.—Any stay, lawfully granted by any court of record by injunction‘or other order or proceeding, of the collection of any tax existing at the expiration of the period for the collection of the tax under any warrant or process in the hands of the collector or other officer for the collection thereof, or existing at the time of the expiration of the term of office of the collector or officer holding such war- rant, shall operate as an extension of the time within which such collector or other officer may collect such tax until such stay is terminated and for the period of thirty days thereafter. As to 86 all other taxes to be collected under any such warrant or process, the collector or officer holding the warrant or process shall make a return thereof within the time prescribed by law. § 84. Payment of money collected.— Every collector shall, within one week after the time prescribed in his warrant for the payment of the moneys directed therein to be paid, pay to the officers and persons specified therein, the sums required in such warrant to be paid to them respectively. The officers and per- sons other than the county treasurer, to whom any such money shall be paid, shall deliver to the collector duplicate receipts therefor, one of which duplicates shall be filed by the collector with the county treasurer and shall entitle him to a credit in the books of the county treasurer for the amount therein stated to have been received, and no other evidence of such payment shall be received by the county treasurer. If any greater amount of taxes shall be levied in any town than the town charges thereof, and its proportionate share of the state taxes and county charges, the surplus shall be paid by the collector to the county treasurer, who shall place it to the credit of such town, and it shall go to the reduction of the tax upon the town for the succeeding year. § 85. Extension of time for collection.— The county treasurer, upon application of the supervisor of any town or common coun- cil of any city in his county, may extend the time for collection of taxes remaining unpaid to a day not later than May first, fol- lowing, in case the collector shall pay over all moneys collected by him and make his return of nonresident taxes, and renew his bond in a penalty twice the amount of the taxes remaining uncol- lected, approved by the proper officers upon filing the same, as the original bond is required to be filed, and delivering a certi- fied copy thereof to such treasurer. Receivers of taxes who have filed a bond as required by statute shall not be required to renew their bonds. This section shall not affect any special law re- lating to the extension of time for the collection of taxes, nor be construed to extend the time for the payment of the state tax by the county treasurer, as required by this chapter. § 86. Appointment of collector in case of vacancy.— If a person chosen to the office of collector of a town shall refuse to serve or be disabled from entering upon or completing the duties 37 of his office from any cause, the town board shall forthwith appoint a collector for the remainder of the year, who shall give the same undertaking, be subject to the same duties and pen- alties and have the same powers and compensation as the col- lector in whose place he was appointed. The supervisor of the town shall forthwith give notice of such appointment to the county treasurer. Such appointment shall not exonerate the former collector or his sureties from any liability incurred by him or them. If a warrant shall have been issued by the board of supervisors before the appointment of a collector to fill a vacancy or before the appointment of a collector under this section, the original warrant, if obtainable, shall be delivered to the collector so appointed and shall give him the same powers as if originally issued to him. If such warrant is not obtainable, a new one shall be issued by the chairman and clerk of the board of supervisors of the county, directed to the collector appointed, with the same force and effect as if originally issued to him. Upon any such appointment, the supervisor of the town or ward, if he shall deem it necessary, may extend the time limited for the collection of taxes, for a period not exceeding thirty days, and forthwith give notice of such extension to the county treasurer. § 87. When sheriff shall execute collector’s warrant.— If the collector of any tax district in the State shall neglect or refuse to execute an official bond or undertaking as required by law, or the supervisor of the town shall refuse or neglect to approve and file the same, within the time prescribed by law, and a new collector shall not have been appointed within ten days after the time when such bond or undertaking should have been filed, the board of supervisors shall deliver the tax-roll or a copy thereof with the warrant annexed, to the sheriff, who shall give a like undertaking as is required from the collector, and who shall then proceed with the collection of the taxes levied therein in like man- ner as collectors are authorized by law to do, and with like pow- ers and subject to the same duties and obligations. Every such warrant shall require all payments therein specified to be made by the sheriff within sixty days after the receipt of the warrant by him. The expense of the collection of such taxes by him, if any, over and above the fees lawfully chargeable by the collector, 38 shall be audited by the board of supervisors and shall be a charge upon the town. § 88. Satisfaction of collector’s bond.—Upon the settlement of the account of taxes directed to be collected by a collector in any town or city, except in the city of New York, the county treasurer shall, if requested, and if the collector shall have fully paid over or duly aceounted for all the taxes which he was by law to collect, give to such collector or any of his sureties, a written certificate of such settlement, duly acknowledged, and upon the filing thereof in, the office of the clerk where the undertaking is recorded, ¢he clerk shall enter satisfaction of such undertaking which shall thereby be dis- charged ; except that in counties containing cities of the first class such satisfaction when so entered shall only discharge the lien of said bond or undertaking upon the real estate of the collector and his sureties, but the liability of the collector and his sureties upon such bond or undertaking for a failure upon the part of such col- lector to pay over moneys collected by him shall be in no wise im- paired. Am/’d by ch. 821 of 1899. § 89. Unpaid taxes on resident real property to be reas- sessed.— When the tax on any real property, not assessed as non- resident, is returned as unpaid and so remains, the county treas- urer shall, during the month of July, furnish to a supervisor of the tax district in which such real property is located, a certified abstract of the tax-roll relating to such unpaid taxes, and such supervisor, before the delivery of the assessment-roll of such tax district to the collector, shall add a description of such real prop- erty to the assessment-roll of the then current year in the part thereof relating to nonresident lands, stating that it is a reassess- ment of such tax, and shall charge the same therewith. Th- amount of such tax shall bear interest at the rate of eight per centum per annum from the time it was returned to the county treasurer as unpaid until paid, or until the sale of such property to satisfy such tax by the county treasurer, or if the property is located in a county embracing a portion of the forest preserve, until the returns of such unpaid tax to the comptroller. Thcre- after it shall be regarded for all purposes of assessment and col- lection, as a nonresident tax for the year in which such descrip- tion is added. Such description shall conform to the direction of the state board of tax commissioners. If necessary, the county treasurer may cause proper surveys and maps to be made to enable such lands to be sold by description sufficient to convey title. 39 § 90. Payment to creditors of the county.— Each county treas- urer shall pay to the creditors of the county from the moneys paid to him by the collectors of taxes of the several towns therein, such sums and in such manner as the board of super- visors of the county direct. § 91. Paymentof state tax.—The comptroller shall charge each county treasurer with the amount of the state tax levied on his county, except the tax for schools, crediting him with his fees, if any, but no fees shall be allowed by the comptroller for such portion of the state tax as is credited by him for unpaid non-resident taxes. The county treasurer of each county shall, after retaining his fees thereon, at the rate of one per centum thereof, which shall not, how- ever, in any case exceed fifteen hundred dollars, for all taxes for state purposes, including schools, pay the state tax to the treasurer of the state, as follows: One-third thereof on or before the fifteenth day of February, one-third thereof on or before the fifteenth day of April, and, unless otherwise provided by law, the balance thereof on or before the fifteenth day of May in each year, and notify the comptroller of such payment. If there are not sufficient funds in the county treasury standing to the credit of any town to pay the state tax chargeable thereto, the treasurer shall borrow sufficient money upon the credit of the county and charge the same against such town, with interest thereon, until the same is paid. If any county treas- urer shall not pay over the state tax as herein directed, the comp- troller shall charge on all sums withheld such rate of interest as shall be sufficient to repay all expenditures incurred by the state in borrowing money equivalent to the amount so withheld, and such additional rate as he shall deem proper, not exceeding ten per cen- tum, from the dates hereinbefore provided for such payments in each year, which shall be regarded as funds in the hands of the county treasurer belonging to the state and for which his sureties and county shall be liable. The fees of the county treasurer for collecting and paying over the school tax shall be allowed and paid by the super- intendent of public instruction. ' [Am'd, ch. 861 of 1898.] § 92. Accounts of county treasurer with comptroller.— The comptroller shall state annually on June first, the account of each county treasurer, and if any part of a state tax is unpaid at that date, the comptroller shall transmit by mail to the county treasurer a copy of such accounts and a requisition that he must pay the balance due the state within thirty days, and if the tax 40 is not paid within such time, the comptroller shall, unless he is ‘ satisfied by due proof that the treasurer has not received such balance, and has used due diligence in collecting the same, forth- with deliver a copy of the account to the attorney-general, who shall take the necessary proceedings to collect the same of the county treasurer or his sureties or otherwise, with interest as provided by the last preceding section. The comptroller may also, in his discretion, direct the board of supervisors of the county to institute the necessary proceedings on the undertak- ing of such county treasurer and his sureties. The comptroller shall also transmit to the board of supervisors on or before October tenth, a statement of account between his office and the county treasurer. § 93. Losses by default of collector or treasurer.— All losses sustained, and all deficiencies in any taxes, or in the payments to be made therefrom, by reason of the default of any collector, shall be chargeable to the town, or city of which he is collector. If occasioned by the default of the treasurer of any county in the discharge of his official duties, such losses shall be chargeable to such county. Any judgment against such treasurer for any such loss or deficiency on account of the state tax upon which an execution shall have been issued and returned unsatisfied shall be conclusive as to the fact of such loss or deficiency, and the amount of such deficiency shall thereupon become a charge against such county, and the board of supervisors thereof shall add all such losses or deficiencies to the next year’s taxes of such town, city or county, and levy the same thereon, 40a § 94. Receipts for taxes,—The collector shall deliver a receipt to each person paying a tax, specifying the date of such payment, the name of such person, the description of the property as shown on the assessment-roll, the name of the person to whom the same is assessed, the amount of such tax, and the date of the delivery to him of the assessment- roll on account of which such tax was paid. For the purpose of giving such receipt, each collector shall have a book of blank receipts, so arranged that when a receipt is torn therefrom a corresponding stub will remain. The state board of tax commissioners shall prescribe the form of such receipts, stubs and books and they shall be furnished to the collector by the board of supervisors, at the expense of the county. At the time of giving such a receipt, the collector shall make the same entries on the corresponding stub as are required tobemadeonthe receipt. Such book shall be subject to public inspection and shall be filed by the collector with his return, together with the assessment- roll in the office of the county treasurer. [Am’d, ch. 489, 1897.] § 95. Article, how applicable.— This article shall apply to all the cities or towns of the state, in so far as the mat- ters herein provided for do not conflict with the special and local laws of such cities or towns. [Added ch 489, 1897,] ARTICLEVY; Collection of Nonresident Taxes. Section 100. Return of unpaid nonresident taxes, 101. Rejection of taxes. 102. Admission of nonresident taxes by comptroller and its effect. ain 4 sth } E04 il Fabel? i“ a ioe vay 41 Section 103. Payment to the county treasurer of excess of arrears credited. 104. Cancellation of tax by comptroller. 105. Transmittal of statement of cancelled taxes to board of supervisors. 106. Correction of imperfect descriptions. 107. Nonresident taxes, when and how paid the comp- troller. 108. Reduction of overcharges. 109. Overpaid taxes. § 100. Return of unpaid nonresident taxes.— The collector shall return the original assessment-roll to the county treasurer and when the treasurer finds an account of unpaid nonresident taxes, or unpaid taxes on corporations, received from a collector to be a true transcript of such original assessment-roll to which the collector’s warrant is attached, he shall add to it a certificate that he has examined and compared the account with such roll and found it to be correct, and after crediting the collector with the amount thereof, he shall, except in Saint Lawrence, Lewis and Oneida counties, in case his county embraces a portion of the forest preserve, before the first day of April next ensuing, transmit such account, affidavit and certificate to the comptroller, who may before acting thereon return any such account to the county treasurer for correction, who shall make such correction and return to the comp- troller in one month thereafter, or as the comptroller may otherwise direct. [Am’d, ch. 362 of 1898.] § 101. Rejection of taxes.— The comptroller shall examine every account of arrears of taxes on lands of nonresidents re- ceived from the county treasurer and reject all taxes entered therein, found to be erroneous, or charged on lands imperfectly described, and shall annually on or about September first, trans- mit to each county treasurer a transcript of the taxes of the pre- ceding year in any tax district of his county, which shall have been rejected for any cause, with the grounds of such rejection. § 102. Admission of nonresident taxes by comptroller and its effect.— The comptroller shall admit all such taxes, properly assessed, and credit the county treasurer therewith, and such account, when accepted by him, shall be deemed conclusive 49 ‘evidence of the regularity and validity of all taxes therein so admitted, and all prior proceedings in assessing the lands and levying and collecting such taxes, except when it shall be satis- factorily proven to the comptroller that any such tax was paid in the county, or that there was no legal right to levy the same, or that it arose from a double assessment, the tax levied on one of whict. has been paid. § 103. Payment to the county treasurer of excess of arrears credited— If the arrears of taxes on lands of nonresidents credited to the treasurer of any county by the comptroller shall exceed the state tax in such county, the comptroller shall pay such excess, or the whole amount of such arrears, if there be no state tax, after deducting therefrom any balance due from the county, to the county treasurer, and the whole amount of such arrears and taxes shall thereafter belong to the state and be collected for its benefit. § 104. Cancellation of tax by comptroller.— The comptroller shall cancel any tax credited to a county upon the books in his office, which he shall discover after the transmission of the annual transcript of rejected taxes of such county to the county treas- urer, to be erroneous, or charged on lands imperfectly described, and charge such taxes to the county in which such lands shall lie, with the interest thereon from March first, in the year following the levy of the taxes, to February first next after such cancella- tion. The comptroller shall cancel any tax returned as unpaid if it shall be made to appear to him that previously to such return it was paid to the collector or county treasurer, and if it shall also have been paid into the state treasury, he shall cause it to be repaid out of the treasury to the person by whom such payment shall have been made. § 105. Transmittal of statement of canceled taxes to board of supervisors.— The comptroller shall transmit a transcript of the returns of all taxes canceled, with the addition of interest thereon, to the county treasurer, who shall deliver a copy thereof to a supervisor of the tax district in which such taxes were assessed, by whom it shall be returned to the board of supefvisors at their next annual meeting. If such tax district shall have been divided since the assessment, the county treasurer shall 43 deliver such transcript to the board of supervisors at their next annual meeting. If any such cancellation was by reason of the tax having been paid before the same was returned by the county treasurer, such treasurer, shall present the transcript to the board of supervisors of the county, and the amount of such tax, with the interest, shall be collected by such board of the collector or the county treasurer who made the erroneous returns, and shall be paid into the state treasury. § 106. Correction of imperfect descriptions.*-The supervisor of the tax district in which any lands are situated, upon which a tax shall have been rejected by the comptroller, or shall have been canceled and charged to the county to which it had pre- viously been credited, shall add to the assessment-roll of the tax district in which the land is situated for the year during which a transcript of the returns of such taxes shall have been forwarded by the comptroller to the county treasurer, an accurate descrip- tion of such lands, if he can obtain the same, the correct amount of taxes thereon, the tax of each year and each kind of tax sepa- rately, and shall furnish the comptroller with all such maps and surveys of such lands as shall be required by him. Such super- visor may, if necessary, cause a survey and map of each lot or parcel returned for more perfect description to be made, and the expense of such survey and map shall be a town charge. The board of supervisors shall direct the collection of such taxes so added to such assessment-roll, and they shall be considered the taxes of the year in which the description shall be perfected. If any such supervisor shall not fully comply with the provisions of this section the comptroller shall not thereafter admit, but shall reject, all such reassessed, canceled or rejected taxes as may be returned to him. If such taxes are not levied upon such jands as herein required, the board of supervisors shall cause the same, with interest thereon, to be levied upon the tax district in which originally assessed, and collected with the other taxes of the same year. If the tax district shall have been divided since such assessment, such taxes and interest shall be apportioned by the board of supervisors among the tax districts included in the limits of such original tax districts in such equitable manner as it may deem proper. * Compare with L. 1855, ch. 427, § 19, post. 44 § 107. Nonresident taxes, when and how paid to comp- troller. —- The comptroller shall, at any time after August first, next after receiving statement thereof from the county treasurer, furnish any person desiring to pay the taxes on any parcel of land, a certificate of the amount of such taxes, interest and charges, and the State treasurer may receive payment therefor upon such certificate, which shall be countersigned by the comp- troller and entered in the books of his office. Such interest shall begin August first, of such year, and be at the rate of ten per centum per annum. Any person claiming a divided or undivided part in any parcel may pay to the State treasurer any part of the amount due thereon, proportionate to the share or interest claimed by him, on the certificate of the comptroller. The re- maining tax and charges shall be a lien on the residue of the land or interest only. If the land has been subdivided since the assessment, the comptroller may require a map of the subdivi- sions. Any person may pay the tax for any one year on any tract or lot of land without paying the tax of any other year. § 108. Deduction of overcharges.— If any tract or lot of land shall have been returned as containing a greater quantity of land than it actually contained, the amount overcharged shall be deducted. If the tax shall have been paid according to such return, the overcharge shall be refunded out of the treasury upon the production to the comptroller of satisfactory proof of the quantity actually contained in each tract or lot at the time of the assessment. No such overcharge shall be cancelled nor such over-payments refunded, unless application shall be made to the comptroller before the sale of such lands, and within six years after the assessment. If the whole amount of the tax shall have been paid to the county treasurer out of the state treasury, the comptroller shall charge the amount so refunded with interest and charges thereon to the treasurer of the county to which the tax was returned, and shall transmit an account thereof to him. The county treasurer shall deliver such account to the board of supervisors at their next annual meeting, which shall cause the amount thereof to be added to the taxes of the tax district in which the tax was assessed, and when collected it. shall be paid into the treasury of the county. 45 § 109. Overpaid taxes.— If it shall satisfactorily appear to the comptroller that the amount of any tax has been paid, and after- wards other money has been paid into the state treasury on account of such tax or that the amount of any tax has been over- paid to the treasurer of the state, he may draw his warrant on the treasury for the amount paid in excess of the tax due, in favor of the person paying the same. ARTICLE VI. Sale by Comptroller for Unpaid Taxes and Redemption of Section 120. 121. 122. 128. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. Lands. Notice of sale. Maps to be furnished comptroller. Sale, how conducted. Purchases by comptroller, for state or county. Withdrawal from sale of lands upon which the state has a lien. Payment of bids and certificate of purchase. New certificate upon setting aside sale. Redemption of lands. Redemption of lands conjointly assessed. Prohibition of the despoliation of lands sold. Notice of unredeemed lands. Comptroller’s deed. Effect of former deeds. Possession of lands by the state. Notice to occupants. Certificate of nonredemption and completion of title. Redemption by occupant and certificate of redemp- tion. Redemption by occupant before notice and effect of failure to redeem. Lien of mortgage not affected by tax sale. Redemption by mortgagee before notice. Cancellation of sales. Setting aside cancellation of sale. Expenses of sale. Payment of moneys into state treasury. 40 § 120. Notice of sale.— The comptroller may sell any lancs heretofore or hereafter returned to him for nonpayment of any tax thereon, if such tax and the interest thereon, or any part thereof shall remain unpaid for one year after February first, following the year in which the tax was levied. He shall make out a list of all such lands in any county and transmit to the county treasurer thereof at least eighteen weeks before the com- mencement of the sale, a number of copies of such list sufficient to furnish five copies to the county treasurer, two copies to the county clerk and two copies to the clerk of each town and city in which such lands are situated. The county treasurer shall transmit the same to such officers. The comptroller shall pub- lish such list with a notice, that on a day to be specified therein and the succeeding days, so much of such lands as may be neces- sary to discharge the taxes, interest and charges due thereon at the time of sale, will be sold at public auction at the capitol in the city of Albany. Such list shall be inserted in two news- papers published in such county, once in each week for twelve suc- cessive weeks prior to the commencement of the sale, and in the body of the newspapers and not in a supplement. If there are not two newspapers published in the county, the publication shall be in two newspapers which the comptroller shall deter- mine to be most generally circulated in the county. Due proof of the publication of such list and notice in each news- paper shall be made and filed in the office of the comptroller within twenty days after the last publication. The expense of printing, publishing and transmitting such list shall be audited by the comptroller and paid out of the state treasury. No error ia the description of the lands in any list published in any newspaper shall render any sale void or in any manner affect its validity. . § 121. Maps tobe furnished comptroller.——The comptroller may apply to the supervisor of any town for maps of any tract of land returned from such town for nonpayment of taxes, if he deem it necessary in order to test the correctness of the descrip- tion thereof, preparatory to a sale of such lands, and the super- visor shall furnish such maps at the expense of the town, if they 47 can be procured; if not, he shall furnish such descriptions of che lands as he can obtain, with a statement of the quantity in each subdivision, if the same is divided. The treasurer of every county shall, on receiving a list of lands to be sold at a state sale transmit to the comptroller at least one month before any state tax sale, a certified list of all lands bid in at any tax sale, in the name of such county, or transferred to such county upon any such sale, or to which the county may have acquired a tax title, the deed for which has not been recorded in the office of the clerk of the county, which may then be liable to be sold at such sale. Every county clerk shall, on receipt of a list of the lands therein liable to be sold at any state tax sale, and at least one month before the sale, transmit to the comptroller a certified list of all lands the conveyances of which are on record in his office, then owned by such county, and liable to be sold at such sale. § 122. Sale, how conducted.— On the day mentioned in the notice of sale the comptroller shall commence the sale of the lands specified in the lists annexed to the notice, and continue the sale from day to day, until so much of each parcel shall be sold as will be sufficient to pay all the taxes thereon for the years for the taxes of which such sale shall be made, with the interest and charges thereon. In case no purchaser bids the amount due on any lot or parcel, the comptroller is authorized to bid in such lot or parcel for the state. The comptroller may, in his discretion, decline to receive any bid on any parcel of land, if in his opinion, it is made by or for any person not acting in good faith, and any such land shall be sold at such sale the same as if such bid had not been made thereon. And in case the land is located in a county outside the forest preserve, the comp- troller may sell and assign the certificate therefor at any time before the expiration of the period for redemption, on such terms as to him shall seem for the best interests of the state. § 123. Purchases by the comptroller for state or county,— The comptroller shall bid in for the state all lands of the state, and also all lands which may have been bid in by or for the state at any tax sale which has not been can- celed, or from which said lands have not been duly re- deemed, liable to be sold at any tax sale held by hin, or lands that are then mortgaged to the commissioners for 48 loaning certain moneys of the United States and for each county, all lands belonging to such county Hable to be sold at such sale, and also all lands which may have been bid in by or for such county at any tax sale which has not been canceled or from which said lands have not been duly redeemed; and to reject any and all bids made for any of such lands. The comptroller shall make certificates of sales for alllands so bid in by him, deseribing the lands purchased and specifying the time when a deed therefor can be ob- tained. Such purchases shall be subject to the same right of redemption as purchases by individuals; and if the land so sold shall not be redeemed, the comptroller’s deed there- for shall have the same etiect and become absolute in the same time, and on the performance of the like conditions, as in the case of sales and conveyances to individuals. The comptroller shall charge to each county, on the books of his office, the amount for which it may be liable, by rea- son of any purchase made in accordance with this section, and such amount shall become due on the last day of each tax sale, and shall be payable in the same manner as the state tax is required by law to be paid. The comptroller shall, as soon as practicable, after each tax sale, transmit the certificates of sale for such lands to the treasurer of each of such counties, on receipt of which the county treas- urer shall enter the same, intheirproper order, in a book to be kept by him for such purpose, and unless otherwise di- rected by the board of supervisors of his county, shall have full power and authority, until the expiration of one year from the last day of such sale, to sell and assign any of such certificates for any land not at the time owned by his county, on payment ‘therefor, into the county treasury, of the amount for which the land described therein was sold at such tax sale, with interest thereon, from the date of such tax sale to the date of such sale and assignment by him. Ali such sales and assignments shall be duly and fully entered by such county treasurer in such book, which book shall be a ‘part of the records of the county. If any such tax sale certificate shall not have been sold or assigned by the respective county treasurers on or before the expira- tion of one year from the last day of such sale, each of such county treasurers shall then transmit such unsold 49 certificate or certificates to the comptroller, who shall issue to the board of supervisors of each county, respectively, a deed or deeds for all of the lands described thereon then remaining unredeemed, or the sale for which has not been cancelled. The title thus acquired by the boards of supervisors shall be held by them in trust for their respective counties, and may be dis- posed of by them at such times and on such terms as shall be determined by a majority of such board at any regular or special meeting thereof. [Am’d, ch. 238 of 1897.] § 124. Withdrawal from sale of lands upon which the state has a lien. — No land against which the people of the state of New York hold a bond or lien for any part of the purchase price thereof shall be sold, but all such land shall be withdrawn from! such sale. The amount of taxes, interest and expenses for which it may be liable to sale as shown by the comptroller’s book of sales shall be charged against each lot, piece or parcel of such land in the books in the comptroller’s office in which the accounts of school funds and other bonded lands are kept, and the state treasurer shall, on the receipt of a statement of such amounts, charge the same against the respective lots, pieces or parcels of land, on which they are due, on the duplicate bond-books kept in his office. The holder of the certificate or contract of purchase of any such land, may discharge the same from liability in con- sequence of such charge, by paying to the state treasurer at any, time within two years after the last day of sale from which such! lands were withdrawn, the amount of such charges with interest thereon at the rate of ten per centum annually. If such payment is not made, the comptroller shall, at the expiration of such two, years, state an account of the indebtedness against each lot, piece or parcel of such land, with the addition of thirty-seven and one-half per centum thereto, and: the amount of principal and interest due on the bond or lien thereon, to the commissioners of the land office, who may thereupon, if default shall be made in the payment of such bond, direct the comptroller to put the same in suit, or shall direct the state engineer and surveyor to again sell the lands against which such indebtedness remains. Upon any sale thereof, all previous payments made on account ‘ 50 of such land shall be forfeited to the people of the state. Ne conveyance of any such lands shall be made to any purchaser, until all such taxes and expenses charged against the same on such bond-book are paid into the state treasury. § 125. Payment of bids and certificate of purchase.— Every purchaser at any sale of lands by the comptroller under this article shall pay the amount of his bid to the state treasurer within forty-eight hours after the last day of sale. Upon the payment of a bid to the comptroller he shall give to the pur- chaser a written certificate, describing the lands purchased, the sum paid and the time when the purchaser will be entitled to a deed. § 126. New certificate upon setting aside sale—HIf a pur- chaser shall not have paid his bid, or the same shall not have been collected from him at the expiration of one month from the conclusion of the sale, at which the bid was made, the comp- troller may set aside the sale of land for which the bid was made, and all the rights of the purchaser under such bid shall thereby be extinguished, and the comptroller shall issue a cer- tificate of such sale if the land be in a county including a por- tion of the forest preserve, to the people of the state. If said land be in a county not including any portion of the forest pre- serve, such certificate shall be issued to any person who will pay the same amount as would be payable by the original pur- chaser in case the sale had not been set aside. If such certifi- cate shall not have been sold within three months from the date of such sale he shall transfer the same to the people of the state. If the transfer be to the people, the whole quantity of land liable to sale for the purchase-money mentioned in the certifi- cate shall be covered by such purchase, the same as if no person had offered to bid therefor at the sale. The change of purchaser made pursuant to this section and the time when made shall be noted in the sales book, and the certificate issued shall confer the same right upon the state as it would have acquired had the land been bid in for it at the sale. § 127. Redemption of lands.— The owner or occupant of any lands sold by the comptroller for taxes, or any other person 51 having an interest therein at the time of the sale, may redeem the same from such sale at any time within one year after the last day of the sale, by paying to the state treasurer, on the certificate of the comptroller for the use of the purchaser, his heirs or assigns, the sum mentioned in the certificate of sale | therefor, with interest thereon at the rate of ten per centum per annum, after the date of such certificate of sale. The purchaser of any wild, vacant or unoccupied land at any such sale, or his assigns, shall not enter upon or exercise acts of ownership on such land, until the expiration of one year allowed. for the redemption thereof from such sale. A person having an interest in an undivided part of any tract, lot or piece of land so sold, or in an undivided share in any tract or lot of land out of which an undivided part shall have been sold, may redeem such undivided part or share by paying such propor- tion of the purchase-money and interest as shall be in pro- portion to the part or share of the lands sold which he shall claim. Every person having an interest in a specific part of any tract, lot or piece of land, so sold, or lot of land out of which an undivided part may have been sold for taxes charged on the whole tract or lot, may redeem such specific part by paying such propor- tion of the purchase money and interest as his quantity of acres shall bear to the whole quantity of acres sold, or to the whole quantity taxed. Any person claiming a specific part of any tract or lot of land, out of which a specific part belonging to scme other person shall have been sold for taxes charged on the whole tract or lot, may exonerate himself from all liability to con- tribute to the owner of the part sold, by paying to the comptroller at any time before the expiration of the time allowed for the re- demption thereof, such proportion of the purchase-money and interest as his quantity of acres shall bear to the whole quantity taxed, and such payment shall operate as a redemption of lus proportionate part of the lands sold according to the amount paid. Upon a partial redemption under this section, the quantity sold shall be reduced in proportion to the amount paid on such partial redemption and the comptroller shall convey accordingly. § 128. Redemption of lands conjointly assessed.— If the lands 52 of one person shall be sold for taxes assessed conjointly on his lands and lands of another, and the latter shall not pay his due proportion required for the redemption of his lands, the former may redeem the same on paying to the comptroller the purchase- money and interest, and he shall be entitled to recover, after the expiration of the time allowed for redemption, from the other person whose lands were assessed with his, a just proportion of the redemption moneys paid, with interest. If the lands vf one person so sold for taxes assessed conjointly on his lands and the lands of another person, shall not be redeemed, and they shall be conveyed by the comptroller, the former may recover from the latter the same proportion of the value of the lands sold and conveyed, that the latter ought to have paid of the tax and interest and charges for which the land shall have been sold. Every judgment obtained under this section shall have priority as against the lands of the defendant therein, on which the tax was assessed, and for which such proportionate part ought to have been paid, over all mortgages and judgments, if at the time of docketing such judgment the plaintiff cause an entry to be made by the clerk in the docket thereof, specifying that such judgment has priority as a lien-on certain lands, over mortgages and other judgments, pursuant to the tax law, which entry shall be a part of such docket. In all actions under this section, the certificate of the state treasurer, countersigned by the comp- troller, stating the facts in relation to such redemption, or sale and conveyance, shall be presumptive evidence cf all facts therein stated. § 129. Prohibition of the despoliation of lands sold.— Neither the owner, occupant nor any other person shall have the right to despoil any lands sold for taxes by the comptroller of their value, by the removal of buildings or by cutting, removing or destroying timber, or other valuable products, growing, existing or being thereon at the time of sale. The purchaser of any wild, vacant, or unoccupied land at the sale thereof by the comptroller, whose bid therefor shall have been fully paid, or his assigns or representatives may at any time before obtaining his deed, cause to be served a notice on any person despoiling such lands or inter- 53 ested in such despoliation, either personally or by leaving the same at the residence of such person, or with any member of his family of suitable age and discretion. The notice shall describe such lands, substantially as sold, shall state that it was sold for taxes by the comptroller, and that an action to recover the value of the buildings, timber or other products destroyed or removed therefrom, after the date of sale thereof, will be instituted against all persons concerned in such despoliation. If such lands shall not be redeemed, every person engaged or interested in making such despoliation, upon whom service of the notice shall have been made, shall be liable to pay to the holder of the tax sale certificate therefor the full value of any building so de- stroyed or removed therefrom, and of all the timber, bark, or other products so cut or destroyed or removed therefrom, from the date of the sale of such land to the termination of such action, and may be restrained by injunction from committing any waste thereon, § 130. Notice of unredeemed lands.— The comptroller shall, at least three months before the expiration of the one year allowed for the redemption of lands sold by him for taxes, cause a notice to be published once in each week for at least six weeks successively, the last publication to be at least six weeks before expiration of the year, in the newspapers designated by the board of supervisors of the county in which such lands are situated, to publish the session laws, containing a list of the lands in such county sold for taxes and unredeemed, specifying particularly every parcel unredeemed, and the amount necessary to redeem the same, calculated to the last day in which such re- demption can be made, and stating that, unless such lands are redeemed by a certain day, they will be conveyed to the pur- chaser. If more than two newspapers in any county are desig- nated in pursuance of law to publish the session laws, such pub- lication shall be made in two of the newspapers so designated to be selected by the comptroller, representing different political parties. If no newspaper shall have been so designated in any county such publication shall be made in two newspapers in the county, to be selected by the comptroller, and if there shall not 54 be two newspapers published in the county, then in two new* papers which the comptroller shall determine to be most gener- ally circulated in such county, representing each of the political parties casting the largest number of votes therein at the general election next preceding such designation. The expense of such publication shall be audited and paid by the board of supervisors of the county in which such lands are situated. § 131. Comptroller’s deed.—After the expiration of one year from the time of sale, the comptroller shall execute in the name of the people of the state, to the purchaser thereat, his heirs or assigns, a conveyance of any lands so sold by him for taxes and not redeemed, under his hand and official seal, and witnessed by the deputy comptroller, or state treasurer, which shall vest in the grantee an absolute estate in fee simple, subject to all claims which the state may have thereon for taxes or other liens or incumbrances, and which shall be presumptive evidence that the sale and all proceedings prior thereto, from and including the assessment of the lands sold, and that all notices required by law to be given previous to the expiration of the time allowed by | law for the redemption thereof, were regular and in accordance with all the provisions of law relating thereto. After two years from the date of such conveyance such presumption shall be con- clusive. The comptroller may receive evidence of the loss or wrongful detention of any certificate, and on satisfactory proof of the fact may execute and deliver a deed to such person as may appear to be the rightful owner of such certificate. Every certificate of conveyance executed by the comptroller under this act may be recorded in the same manner and with like effect as a conveyance of real estate properly acknowledged or proven. [Am’d, ch. 389 of 1898.] § 182. Effect of former deeds.— Every such conveyance here- tofore executed by the comptroller, county treasurer or county judge and all conveyances of the same lands by his grantee or erantees therein named, which have for two years been recorded in the office of the clerk of the county in which the lands con- veyed thereby are located, and all outstanding certificates of a tax sale heretofore held by the comptroller, that shall have remained in force for two years after the last day allowed by law for redemption from such sale, shall be conclusive evidence that the sale and proceedings prior thereto, from and including the assessment of the lands, and all notices required by law to be 55 given previous to the expiration of the time allowed for redemp- tion, were regular and were regularly given, published and served according to the provisions of all laws directing and requiring the same or in any manner relating thereto, but all such con- yeyances and certificates, and the taxes and tax sales on which they are based, shall be subject to cancellation, by reason of the payment of such taxes, or by reason of the levying of such taxes by a town or ward having no legal right to assess the land on which they are laid, or by reason of any defect in the proceedings affecting the jurisdiction upon constitutional grounds, on direct application to the comptroller, or in an action brought before a competent court therefor; provided, however, that such applica- tion shall be made, or such action brought, in the case of all sales held prior to the year eighteen hundred and ninety-five, within one year from the passage of this act; and in the case of the sale of eighteen hundred and ninety-five and of all sales hereafter held, that such application shall be made, or such action brought, within five years from the expiration of the period allowed by law for the redemption of lands sold at the particular sale sought to be cancelled. § 1338. Possession of lands by the state——The comptroller may advertise once a week, for at least three weeks successively, a list of the wild, vacant and forest lands to which the state holds title, from a tax sale or otherwise, in one or more news- papers to be selected by him, published in the county in which the lands are situated, and from and after the expiration of such time, all such wild, vacant and forest lands are hereby declared to be and shall be deemed to be in the actual possession of the comptroller, and such possession shall be deemed to continue until he has been dispossessed by the judgment of a court of competent jurisdiction. § 134. Notice to occupants.—If any lot or separate tract of land sold for taxes by the comptroller and conveyed, or any part thereof shall, at the time of the expiration of one year given for the redemption thereof, be in the actual occupancy of any person, the grantee to whom the same shall have been con- veyed, or the person claiming under him shall within one year from the expiration of the time to redeem, serve a written notice 56 on the person occupying such land, either personally or by Jeaving the same at the dwelling-house of the occupant, with a person of suitable age and discretion belonging to his family. The term “ occupant ” shall be construed to mean a person who has lawfully entered upon the land so occupied, and is in possession of the same to the exclusion of every other person. And the term “ occupancy” shall mean the actual lawful and exclusive use and possession of such lands and premises by such an occupant. The notice shall state in substance, the sale and conveyance of the land, the person to whom made, the amount of consideration money mentioned in the conveyance, with the addition of thirty-seven and one-half per centum thereon, and of the sum paid for the deed, and that unless such consideration money and percentage with the sum paid for the deed, shall be paid into the state treasury for the benefit of the grantee, within six months after the time of filing in the comptroller’s office of the evidence of the service of such notice, the conveyance shall become absolute and the occupant and all others interested in the land be forever barred from all right or title thereto. No conveyance made in pursuance of this section shall be recorded until the expiration of the time mentioned in such notice, and the evi- dence of the service of such notice shall be recorded with such conveyance. § 135. Certificate of nonredemption and completion of title. —Within one month after the service of any such notice, the grantee or person claiming under him, in order to complete his title to the land conveyed shall file with the comptroller a copy of the notice served, with the affidavit of a person, certified as credible by the officer before whom the affidavit is taken, that the notice was duly served specifying the mode of service. If the comptroller shall be satisfied that the proper notice has been duly served, and if the moneys required for the redemption of such land shall not have been paid within the six months, he shall under his hand and official seal, certify such facts, and the conveyance before made shall thereupon become absolute and the occupant and all others interested in such lands shall be forever barred from all right and title thereto. 57 § 136. Redemption by occupant and certificate of redemp- tion.— The occupant, or any other person having an interest therein at the time of the sale, may at any time within the six months mentioned in such notice redeem such land by paying into the treasury the consideration money with the addition of thirty-seven and one-half per centum thereon and the amount paid for the deed. Every such redemption shall be as eff. ctual as if made before the expiration of the year allowed for the re- demption of the land sold. In all cases of application for re- demptions on the ground of occupancy, in which a part only of the separate lot or tract of land thus sold is occupied, the ap- plicant shall be allowed to redeem only that particular part of the lot or tract sold which shall be actually occupied, used and possessed as herein defined, at the time of the expiration of the one year given for the redemption thereof; provided, that the no- tice required to be served upon such occupant by the purchaser at a tax sale, his grantee or person claiming under him, shall, in addition to other facts now required to be stated therein, con- tain a specific description of the particular part of the lot or tract sold which may be redeemed and the amount necessary to redeem the same. Such partial redemption may be allowed upsn filing in the office of the comptroller, satisfactory evidence of such occupancy, and of the extent thereof, and by paying such proportion of the consideration money mentioned in the convey- ance, with the addition of thirty-seven and one-half. per centum of such amount and the further addition of the sum paid for the deeds, as the value of the lands and the premises occupied and sought to be redeemed bears to the value of the whole quantity of land sold; such value to be determined and fixed by the comp- troller. § 137. Redemption by occupant before notice and effect of fail- ure to redeem.— The occupant of any lot or separate tract of land sold for taxes by the comptroller, or any part thereof, or any person who had the title thereto or an interest therein at time of the sale may, at any time before the service of such notice by the purchaser or the person claiming under him and within two years from the expiration of the year allowed by-law for the 58 redemption thereof and not thereafter, redeem any land so _oecupied, by filing in the office of the comptroller, satisfactory evidence of the occupancy required, and by paying to him the consideration money for which the lands to be redeemed were sold and thirty-seven and one-half per centum thereon, with the sum paid for the deed, if any. On application for such redemp- tion the comptroller may appoint a commissioner to take all material evidence offered with reference to the occupation of the lands in question. The hearing shall be had in the county where the land is situated, on at least ten days’ notice to the party applying for the redemption. The commissioner shall haye the same power to issue subpoenas and proceed with the examination of witnesses under oath, as is had by a referee in a eourt of record. His compensation shall not exceed six dollars per day and shall be taxed by the comptroller and paid upon his warrant by the treasurer. He shall report the testimony taken by him with his opinion thereon, to the comptroller for his decision. Such occupant or other person shall also pay to the comptroller such amounts as may have been paid to the state for subsequent taxes thereon, or for redemption from subsequent tax sales thereof, and if such lot has been legally exempt from taxation for one or more years subsequent to the sale, a sum equal to the eross amount of taxes and interest which would have been due thereon, if it had been taxed during each of the years it was so exempt, on its assessed valuation, and at the rate per centum of taxation thereon for the year when last returned to the comp- troller’s office. In case of failure to redeem within the time herein specified, the sale and conveyance thereof shall become absolute and the occupant and all other persons barred forever. § 138. Lien of mortgage not affected by tax sale.— The lien of a mortgage, duly recorded or registered at the time of the sale of any lands for non-payment of any tax or assessment thereon, shall not be destroyed, or in any man- ner affected, except as provided in this section. The pur- chaser at any such sale shall ‘give to the mortgagee a written notice of such sale within one year from the expira- tion of the time to redeem, and in case of tax sales hereto- 59 fore held, where the time of redemption by mortgagees has not expired, within three years from the passage of this act, requiring him to pay the amount of purchase-money, with in- terest at the rate allowed by law in case of redemption by occupants, within six months after giving the notice. Such notice may be given either personally or in the manner re- quired by law in respect to notices of non-acceptance or non- payment of notes or bills of exchange, and a notarial certi- ficate thereof shall be presumptive evidence of the fact that may be recorded in the county in which the mortgage was recorded, in the same manner and with the same effect as a deed or other evidence of title of real property. [Am’d, ch. 878 of 1897. § 189. Redemption by mortgagee before notice. — The holder of any mortgage which is duly recorded at the time of the sale, may, at any time after the sale of all or any part of the mortgaged premises for unpaid taxes, and before the ex- piration of six months from the giving of the notice required Ly this article to be given to a mortgagee, redeem the prem- ises so sold, or any part thereof from such sale. The re- demption shall be made by filing with the comptroller a written description of his mortgage, and by paying to the state treasurer, upon the certificate of the comptroller, for the use of the purchaser, his heirs or assigns, the sum men- tioned in his certificate, with interest at the rate allowed by law in case of redemption by occupants from the date of such certificate. The holder of such mortgage shall have a lien upon the premises redeemed for the amount so paid with interest from the time of payment, in like manner as if it had been included in the mortgage. Provided, however, that the notice required to be given under this and the last preceding section shall be directed only to such persons as shall within two years from the time of such sale, and in case of all sales heretofore held where the time allowed by law for redemption by mortgagees has not expired, within two years from the passage of this act, file in the office of the comptroller a notice, stating the names of the mortgagor and mortgagee, the date of the mortgage, and the amount claimed 60 to be due thereon, and the county, town and tract in which ' the mortgaged premises are situated, with the number of the lot on which said mortgage is claimed to be a lien, with the name of the person or persons claiming notice, their resi- dence, and the post-office to which such notice shall be ad- dressed. [A’md, ch. 373 of 1897.] § 140. Cancellation of sales—— The comptroller shall not con- vey any lands sold for taxes if he shall discover before the convey- ance, that the sale was for any cause invalid or ineffectual to give title to the lands sold; but he shall cancel the sale and forth- with cause the purchase-money and interest thereon to be re- funded out of the state treasury to the purchaser, his repre- sentatives or assigns. If the error originated with the county or town officers the sum paid shall be a charge against the county from which the tax was returned, and the board of supervisors thereof shall cause the same to be assessed, levied and collected and paid into the state treasury. If he shall not discover that the sale was invalid until after a conveyance of the lands sold shall have been executed he shall, on application of any person having any interest therein at the time of the sale, on receiving proof thereof, cancel the sale, refund out of the state treasury to the purchaser, his representatives or assigns, the purchase-money and interest thereon, and recharge the county from which the tax was returned, with the amount of purchase- money and interest from the time of sale, which the county shall cause to be levied and paid into the state treasury. On any such application the comptroller may appoint a commissioner with like powers and duties as in case of an application for redemption; provided, however, that in any county which does not include a portion of the forest preserve, such application for cancellation may also be made by the owner of the lands at the ‘time of the tax sale. 60a § 141. Setting aside cancellation of sale. —'The comp- troller is hereby authorized and empowered and shall, upon the application of anyone whomsvever aggrieved thereby, set aside any cancellation of sale made by him, or by any of his predecessor’ in office, in either of the following cases: First. When such cancellation was procured by fraud or misrepresentation. Second. When it was procured by the suppression of any material fact bearing on the case. Third. When it was made under a mistake of fact. Fourth. When such cancellation was made upon an ap- plication which the comptroller, or any of his predecessors in office, had no jurisdiction or legal right to entertain at the time of such cancellation. Eight days written notice of an application ,made under and pursuant to this section shall be served upon the person upon whose application such sale was canceled, or his heirs or grantees, the county treasurer of the county or counties in which the lands affected by such application are situate and upon the attorney-general of the state of New York; in case any of the parties to be served are not residents of the state of New York, or can not after reasonable diligence be found within the state of New York, such notice may be served by the publication thereof in a newspaper published in the county or counties where the lands affected by such application are situate, and also in the newspaper printed at Albany, in which legal notices are required to be published, once in each week for three weeks immediately preceding the day upon which such application is to be made, and also by mailing a copy of said notice to each of said parties at their last known place of residence; and on or before the day of the first publication all papers upon which such ap- plication is to be made shall he filed in the office of the comp- troller. The comptroller shall in all cases specify the grounds upon which such cancellation is set aside, and every such cancellation set aside by the comptroller shall in every and all respects have the same force and effect as though no cancellation thereof had ever been made. [Am’d, ch. 892 of 1897 ] 60 § 142. Expenses of sale.— The expenses attending any sale for taxes under this article, including the expenses of primting _and publishing lists and notices and transmitting copies thereof, and of all other things required to be done before the sale shall be had, shall be a charge on the lands liable to be sold; and the comptroller shall add to the taxes, interest and other charges on each parcel of land liable to be sold, an equal proportionate part of such expenses to be estimated by him. § 143. Payment of moneys into state treasury.— The moneys received upon any sale and interest under this article, and for the expenses of the sale shall be paid into the state treasury and the accounts of all persons entitled to any portion of the moneys so received for such expenses, shall be audited by the comptroller and paid out of the state treasury. 61 ARTICLE VII. Sales by County Treasurers for Unpaid Taxes and Redemp- tion of Lands. Section 150. When lands to be sold for unpaid taxes. 151. Advertisement and sale. 152. Redemption. 153. Conveyance by county treasurer. 154. Conveyance and its effect. 155. When purchase money to be refunded. 156. Lands which the state owns or upon which it has a lien. 157. Provisions relative to comptroller to apply to treas- urer. 158. Article not to relate to certain cities. § 150. When lands to be sold for unpaid taxes. t~ Whenever any tax charged on nonresident real estate, not in a county in- cluding a portion of the forest preserve, is returned to the county treasurer, he shall not return the same to the comptroller, but if such tax, with interest thereon at the rate of ten per centum per annum, computed from the first day of February, after the same is levied, shall remain unpaid for six months from that date, such county treasurer shall advertise and sell such real estate as herein provided for the payment of such tax and interest and the expense of such sale. The expense of publication of the notice of sale and the list of lands to be sold and the expense of con- ducting the sale shall be a charge on the land liable to be sold and shall be added to the tax and interest. § 151. Advertisement and sale.— The county treasurer shall immediately after the expiration of such six months cause to be published at least once in each week for six weeks, in the two newspapers designated for the publication of the session laws, a list of real estate so liable to be sold, together with a notice that such real estate will, on a day at the expriration* of said six weeks specified in such notice, and the succeeding days, be sold at public auction at the court house in the county where the same is situated, to discharge the taxes, interest and expenses that * So in the original. + Compare with L. 1893, ch. 711, § 30, pust 3956 . 62 may be due thereon at the time of such sale. On the day men- tioned in such notice the county treasurer shall begin the sale of said real estate and continue the same from day to day. The charge for publishing such notice shall be seventy-five cents per folio for the first insertion, and fifty cents per folio for each sub- sequent insertion. © The counties of the state other than those in the forest preserve are empowered to acquire and hold such lands, and after the time for redemption has expired, the county treasurer is authorized in the name of the board of supervisors of the county to sell and convey under his hand and seal such lands in the manner and upon such terms as the board of super- visors of the county may direct. § 152. Redemption.— The owner, occupant or any other person having an interest in any real estate sold for taxes as aforesaid, may redeem the same at any time within one year after the last day of such sale, by paying to the county treasurer of the county, for the use of the purchaser, the sum mentioned in his certificate, together with interest thereon at the rate of ten per centum per annum, to be computed from the date of such certifi- cate, and any tax which the holder of said certificate shall have paid between the days of sale and redemption. § 158. Conveyance by county treasurer.—If such real estate, or any portion thereof, be not redeemed as herein provided, the county treasurer shall execute to the pur- chaser a conveyance of the real estate so sold, the deserip- tion of which real estate shall include a specific statement of whose title or interest is thereby conveyed, so far as ap- pears on the record, which conveyance shall vest in the grantee an absolute estate in fee, subject, however, to all claims the county or state may have thereon for taxes or liens or incumbrance. The county treasurer shall receive from the purchaser fifty cents for preparing such convey- ance, and ten cents additional for each piece or parcel of land described therein, exceeding the first. All purchases made for the county shall be included in one conveyance for which the county treasurer shall receive ten dollars Every such conveyance shall be executed by the treasurer of the county, under his hand and seal, and executed and acknowl- edged as other conveyances of real estate. Every certifi- cate of conveyance executed by the county treasurer under 61 ARTICLE VII. Sales by County Treasurers for Unpaid Taxes and Redemp- tion of Lands. Section 150. When lands to be sold for unpaid taxes. 151. Advertisement and sale. 152. Redemption. 153. Conveyance by county treasurer. 154. Conveyance and its effect. 155. When purchase money to be refunded. 156. Lands which the state owns or upon which it has a lien. 157. Provisions relative to comptroller to apply to treas- urer. 158. Article not to relate to certain cities. § 150. When lands to be sold for unpaid taxes.— Whenever any tax charged on non-resident real estate, in the counties of Saint Lawrence, Lewis and Oneida or ina county not including a portion of the forest preserve, is returned to the county treasurer, he shall not return the same to the comptroller, but if such tax, with interest thereon at the rate of ten per centum per annum, computed from the first day of February, after the same is levied, shall remain unpaid for six months from that date, such county treasurer shall advertise and sell such real estate as herein provided for the payment of such tax and interest and the expense of such sale. The expense of publication of the notice of sale and the list of lands to be sold and the expense of conducting the sale shall be a charge on the land liable to be sold, and shall be added to the tax and interest. [Am’d, ch. 362 of 1898. ] § 151. Advertisement and sale.—The county treasurer shall immediately after the expiration of such six months cause to be published at least once in each week for six weeks, in two newspapers designated for the publication of the session laws, a list of real estate so liable to be sold, together with a notice that such real estate will, on a day at the expiration of said six weeks specified in such notice, and the succeeding days, be sold at public auction at the courthouse in the county where the same is situated, to discharge the taxes, interest and expenses that may be due thereon at the time of such sale. On the day mentioned in such notice the county treasurer shall begin the sale of said real estate and continue the same from day today. The charge for publishing such notice shall be seventy- five cents per fulio for the first insertion, and fifty cents per folio for each subse- quent insertion. The counties of Saint Lawrence, Lewis. and Oneida, and the counties of the state other than those in the forest preserve are empowered to ac- quire and hold such lands. Within twenty days after the time for redemption has expired the county treasurers of each of the counties of Saint Lawrence, Lewis and Oneida shall file with the comptroller a certified statement of all tracts or parcels of land situated in the forest preserve which have been bid in by the county and have not been redeemed, and shall sell and convey to the state any tract or parcel of land specified in such statement, which the comptroller shall designate within six months after such statement is filed, upon the payment of the taxes, 62 interests and expenses due thereon at the time of the sale and also all taxes assessed thereon since such sale, and the comptroller shall draw his warrant on the state treasurer for the amount thereof, or credit the county with such amount on the books of his office. After the expiration of such six months, in the counties of Saint Law- rence, Lewis and Oneida, and after the time for redemption has ex- pired in any other county, the county treasurer is authorized in the name of the board of supervisors of the county to sell and convey under his hand and seal such lands as have not been conveyed to the state in the manner and upon such terms as the board of supervisors of the county may direct. [Am’d, ch. 362 of 1898.] § 152. Redemption.— The owner, occupant or any other person having an interest in any real estate sold for taxes as aforesaid, may redeem the same at any time within one year after the last day of such sale, by paying to the county treasurer of the county, for the use of the purchaser, the sum mentioned in his certificate, together with interest thereon at the rate of ten per centum per annum, to be computed from the date of such certifi- cate, and any tax which the holder of said certificate shall have paid between the days of sale and redemption. § 153. Conveyance by county treasurer.—If such real estate, or any portion thereof, be not redeemed as herein provided, the county treasurer shall execute to the purchaser a conveyance of the real estate so sold, the description of which real estate shall include a specific statement of whose title or interest is thereby conveyed, so far as appears on the record, which conveyance shall vest in the grantee an absolute estate in fee, subject, however, to all claims the county or state may have thereon for taxes or liens or incumbrance. The county treasurer shall receive from the purchaser fifty cents for preparing such conveyance and ten cents additional for each piece or parcel of land described therein, exceeding the first. All purchases made for the county shall be included in one conveyance, for which the county treasurer shall receive ten dollars. Every such convey- ance shall be executed by the treasurer of the county, under his hand and seal, and may be recorded in the same manner and with like effect as a conveyance of real estate properly acknowledged 63 or proven. The money received by the county treasurer on every such sale shall be applied by him, after deducting the expenses thereof, in like manner as if the same had been paid to him by the collectors of the several towns. [Am’d, ch, 339 of 1998.] § 154. Conveyance and its effect— A purchaser or his legal representative may, upon receiving a conveyance under and by virtue thereof, possess and enjoy for his own use the real estate described in such conveyance, unless redeemed as herein pro- vided, and after the expiration of the time to redeem the same, may cause the occupant of such real estate to be removed there- from, and the possession to be delivered to him in the same manner and by the same proceedings, and before the same officers as in the case of a tenant holding over after the expira- tion of his term without permission of his landlord. § 155. When purchase money to be refunded.— Wheneven any purchaser under such sale shall be unable to regain posses- sion of the real estate purchased by him by reason of error or irregularity in the assessment or levying of a tax, or in pro- ceedings for the collection thereof, the board of supervisors of the county shall refund the purchase-money so paid, with inter- est upon the same being presented and audited as other county, charges, and such moneys shall be charged over to the tax dis- trict where the irregularity arose. § 156. Lands which the state owns or upon which it hasa lien. — The county treasurer of any county not embracing ai portion of the forest preserve shall, at least two months prior to any tax sale to be held by him, transmit to the comptroller an accurate and complete list of all the lands in such county to be sold thereat. The state comptroller shall, at least two weeks prior to any such tax sale, transmit to such county treasurer a list of all lands advertised to be sold at such tax sale, belong- ing to the state, or shall then be mortgaged to the commissioners for loaning certain moneys of the United States, or against which the state holds a bond or lien, for any part of the purchase money thereof, or for which the state may then hold a tax sale certificate. The county treasurer conducting such sale shall bid 64 in for the state all lands described in the list transmitted to him by the comptroller, and shall, at the close of such sale, transmit to the comptroller a verified and itemized statement showing the amount of each bid made in the name of the state thereat, and the state comptroller shall, within ten days after the receipt by him of such statement, draw his warrant on the state treasurer for the amount thereof or credit the county with the amount of such statement on the books of his office. § 157. Provisions relative to comptroller to apply to treas- urer.— The provisions of article six of this act, entitled sales by comptroller for unpaid taxes and redemption of lands ” shall, in so far as it is not otherwise herein provided, govern and con- trol the action of the county treasurer, who shall perform the duties therein devolved upon the comptroller and the same rights and remedies shall be deemed to exist under the provisions of this article as are provided for in said article six. § 158. Article not to relate to certain cities— This or the preceding article shall not affect any law relating to the sale of real estate for taxes in any city. ARTICLE VIII. State Board of Tax Commissioners; State Board of Equalization. Section 170. Board of tax commissioners. 171. Powers and duties of board of tax commissioners. 172. Tax commissioners to visit counties. 173. State board of equalization; powers and duties. 174. Appeals to the state board of tax commissioners from equalization of board of supervisors. 175. Appeals, how conducted. 176. Determination of appeals. 177. Costs on appeal. § 170. Board of tax commissioners.— There shall be three tax commissioners appointed by the governor by and with the advice and consent of the senate, to hold office for three years, and so classified that the term of office of one of them shall expire with the thirty-first day of December in each year. Each shall receive an annual compensation of two thousand five hun- 65 dred dollars, and in addition thereto the expenses. actually incurred by him in the discharge of his official duties. The state assessors in office when this chapter takes effect shall continue in office hereunder as tax commissioners, and shall constitute the state board of tax commissioners. The term for which each of such commissioners was appointed shall be extended so as to include the thirty-first day of December of the calendar year in which such term expires, and his successor shall be appointed for a full term of three years commencing with the first day of | January following. § 171. Powers and duties of state board of tax commission ers— The state board of tax commissioners shall: First. Investigate and examine, from time to time, as to the methods of assessment within the state. Second. Furnish local assessors with such information as may be necessary or proper to aid them in making the assessment thereof. Third. Make such rules and regulations as may be necessary to enforce the provisions of this article and prepare forms for reports and assessment-rolls, and furnish the same ‘to assessors and other officers at the expense of the state. . Fourth. Take testimony and hear proofs, under oath, with reference to any matter within the line of its official duty. Any; member of such board may be designated for that purpose. And it may. require from all state and municipal officers such in- formation as may be necessary for the proper discharge of its duties. ! Fifth. Hold meetings at an office to be assigned it in one of the state buildings at Albany, at such times as may be fixed by the chairman of the board or by adjournment thereof, or at such other places as it may designate. Sixth. Employ a clerk, prescribe his duties and fix his salary at a sum not exceeding two thousand dollars, and also other needei assistants, prescribe their duties and fix their compensation which shall not exceed in the aggregate the amount annually appropriated by the legislature for that purpose. [Am’d by ch. 712 of 1899. In effect Oct. 1, 1899. Seventh. Prepare an annual report to the legislature and recom- mend such changes or amendments to the tax laws as it may deem advisable. Highth. Perform the other powers and duties conferred upon it by law. 66 § 172. Tax commissioners to visit counties.— Two or more of the members of the board of tax commissioners shall officially visit every county in the state at least once in two years, and inquire into the methods of assessment and taxation, and ascer- tain whether the assessors faithfully discharge their duties and particularly as to their compliance with this act requiring the assessment of all property not exempt from taxation at its full value. § 173. State board of equalization; powers and duties.— The commissioners of the land office and the three commissioners of taxes shall constitute the state board of equalization. The state board of equalization shall meet in the city of Albany on the first Tuesday in September in each year, for the purpose of examining and revising the valuations of real and personal prop- erty of the several counties as returned to the board of tax com- missioners, and shall fix the aggregate amount of assessment for each county, upon which the comptroller shall compute the state tax. Such board may increase or diminish the aggregate valua- tions of real property in any county by adding or deducting such sum as in its opinion may be just and necessary to produce a just relation between the valuations of real property in the state. But it shall, in no instance, reduce the aggregate valua- tions of all thé counties below the aggregate valuations thereof as so returned. The comptroller shall immediately ascertain from this assessment, a copy of which shall be transmitted to him, the proportion of state tax each county shall pay, and mail a statement of the amount to the county clerk, and to the chair- man and clerk of the board of supervisors of each county. § 174.’Appeals to the state board of tax commissioners from equalization by board of superviscrs.—Any supervisor may appeal in behalf of the town, city or ward, which he wholly or in part represents, to the state board of tax commissioners, from any act or decision of the board of supervisors, in the equaliza- tion of assessments and the correction of the assessment-rolls. If such appeal is brought in behalf of a town, a majority of the town board of such,town, if in behalf of a city, a majority of the supervisors representing such city, or if the assessment in 67 the wards of any city are equalized separately and such wards have separate assessment-rolls, then the alderman or aldermen representing such ward in the common council of the city, shall first consent to and approve of the bringing of such appeal. Such appeal shall be brought within ten days after the delivery of the assessment-roll to the collector by filing in the office of the county clerk a notice thereof, with such consent indorsed thereon or annexed thereto, together with the affidavit of the supervisor so appealing, that in his opinion injustice has been done to such town, city or ward by the act or decision from which the appeal is taken; and also within such time, by serving personally or by mail, a duplicate or copy of such notice, consent and affidavit on the chairman or clerk of the board of supervisors, and by mailing such a copy or duplicate to the state board of tax com- missioners. § 175. Appeals, how conducted.— The board of tax commis- sioners may prepare a form of petition and notice of appeal from decisions of the board of supervisors in the equalization of assess- ment and rules and regulations in relation to, bringing such appeals to a hearing or trial thereof. Such rules shall provide for a hearing on the papers and proofs submitted to the board of supervisors on making the equalization, in case the party so de- sires, and also, in case the notice of appeal so specifies, for the taking of additional evidence offered by either party. The appeal shall be heard in the county in which it originated. In either case such hearing shall be had at a time and place to be fixed by the board upon notice of at least twenty days by mail to the party appealing and to the clerk of the board of supervisors of the county in which the appeal is taken. If the appellant or his successor fails to appear at the time and place appointed or upon any day to which such hearing and trial shall be adjourned, the board shall make an order dismissing the appeal, which shall have the same effect as if the appeal had not been sustained after a hearing on the merits. § 176. Determination of appeals.— On every such hearing or trial, the board of tax commissioners shall determine whether any, and if any, what deductions ought to be made from the aggregate corrected value of the real and personal property of 63 such tax district as made and to what tax district or districts in such county the amount of such deductions, if any, shall be added; and shall certify their determination, in writing, to such beard of supervisors and forward the same by mail within ten days thereafter to the clerk of the board, directed to him at his post-office address and forward a copy thereof to the supervisor appealing. Such determination shall be carried into effect by such board at its next annual session. § 177. Costs on appeal.— The board of tax commissioners shall certify the reasonable expense on every such appeal, not exceed- ing the sum of two thousand dollars, for services of counsel and one thousand dollars for all other expenses, including the com- pensation and expense of the stenographer. If such appeal is not sustained, the costs and expenses thereof so certified shall be a charge upon the tax district or districts taking such appeal and shall be levied thereon by the board of supervisors. If the appeal is sustained, the amount of such costs and expenses so certified shall be levied by the board of supervisors upon, and collected from, the county in the assessment and collection of taxes for the current year, except the tax district or tax districts whose appeal is sustained. If there shall be appeals by more than one tax district in the county, some of which are sustained and some dismissed, the state board shall decide what portion of such costs and expenses shall be borne by any tax district whose appeal is dismissed. ARTICLE IX. Corporation Tax. Section 180. Organization tax. 181. License tax on foreign corporations, 182. Franchise tax on corporations. 3. Certain corporations exempted from tax on capital stock tax.* 184. Additional franchise tax on transportation and transmission corporations and associations. 185. Franchise tax on elevated railroads or surface rail- roads not operated by steam. *So in the original. 69 Section 186. Franchise tax on water-works companies, gas com- panies, electric or steam heating, lighting and power companies. 187. Franchise tax upon insurance corporations. 188. Tax upon foreign bankers. 189. Report of corporations. 190. Value of stock to be appraised. 191. Further requirements as to reports of corporations. 192. Powers of comptroller to examine into affairs of corporations. 193. Notice of statement of tax; interest. 194. Payment of tax and penalty for failure. 195. Revis‘on and readjustment of accounts by comp- troller. 196. Review of determination of comptroller by certio- rari. 197. Regulations as to such writ of certiorari. 198. Warrant for the collection of taxes. 199. Information of delinquents. 200. Action for recovery of taxes; forfeiture of charter of delinquent corporations. 201. Reports to be made by the secretary of state. 202. Exemptions from other state taxation. 203. Application of tax. § 180. Organization tax.— Every stock corporation in- corporated under any law of this state shall pay to the state treasurer a tax of one-eighth of one per centum upon the amount of capital stock which the corporation is author- ized to have, and a like tax upon any subsequent increase. Such tax shall be due and payable upon the incorporation of such corporation or upon the increase of its capital stock. Except in the case of a railroad corporation, neither the secretary of state nor county clerk shall file any certificate of incorporation or article of association, or give any cer- tificate to any such corporation or association until he is furnished a receipt for such tax from the state treasurer, and no stock corporation shall have or exercise any cor- porate franchise or powers, or carry on business in this state until such tax shall have been paid. In case of the consolidation of existing corporations into a corporation, 70 such new corporation shall be required to pay the tax here- inbefore provided for only upon the amount of its capita stock in excess of the aggregate amount of capital stock of said corporations. 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Sections, De hi ac han All. Oem petra, oiieis sis 6? All. AG Dee Stats aic esas Ses > All. AG acascts seta vee All. BOG eh c3s Catal stake All. DUG gas Meiers tls ae tale Poh VS DED Fe ea aker crate bea All. Dai eotot ta ticac Niece» All. BOG Serban ol Manat 68 sss All. 2 NOE ee Ce All. PIE eNE stack sete so lo tos All. SO Seta ine ee Fie ee as All. DOOM ae mate's All. LBS ANegaers Giher ae ste All. yf WS Pr Fee A All. LS Matadors sitet aes" s All. TOG eect, atte tke te All. vd IPRA gd Aire Pre 1g DGG We eo sahigit a hes All. OA Lralerees etek kets All. Bb hes ec peiet Gn ba eel Ooh All. TIN FS eh Aer All. LTC lets cic tice: ts ce All. SYA 8 Peal we cubensis All TBO S05 Chicas ot eis ALS is )ess oteiehs «6, ose All TSOS isi. conte siete ee t Vda eet Hac ye Ob a Sete All 1SOb eT emeer ot). BlG inner os aoe All TROD Oxia alert niet ss: 6 BOGza sc trs sirtete ete eos All LOG tetas alate ates seus «> BUS chesntelaaaiaerers lets All POO ete ats irc ct ac chore wet GOS sent ensenepeaers on All LESLEY AAR goats RAIS 9 G. s SOB e whensl Siebert ose All CHAP. 952 of 1896. AN ACT to amend chapter three hundred and ninety-nine of the laws of eighteen hundred and ninety-two, entitled ‘ An act in relation to taxable transfers of property,” as amended by chapter five hundred and fifteen of the laws of eighteen hundred and winety-five. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. Section fourteen of chapter three hundred and ninety-nine of the laws of eighteen hundred and ninety-two, entitled “ An act in relation to taxable transfers of property,” as amended by chapter five hundred and fif- teen of the laws of eighteen hundred and ninety-five, is hereby amended so as to read as follows : § 14. Surrogate’s and district attorney’s assistants in New York city, Erie and Monroe counties.— The comptroller of the city and county of New York shall retain, out of any funds he may have in his hands on account of said tax, a sum of inoney sufficient to provide the surrogates in the city and county of New York with an assistant, appointed by said surrogates, who shall be known as the transfer tax assistant, whose salary shall be four thousand dol- lars a year; atransfer tax clerk, whose salary shall be two thousand four hun- dred dollars a year: an assistant clerk, whose salary shall be one thousand eight hundred dollars a year, and a recording clerk, whose salary shall be one thousand three hundred dollars a year, said salaries to be paid monthly; and a further sum of money, not exceeding five hundred dollars a year, to be used to pay the expenses of the said surrogates necessarily incurred in the assess- ment and collection of said tax, said amounts to be paid upon the certificates and requisitions of said surrogates respectively. The comptroller of the city and county of New York shall also retain, out of any funds he may have in his hands on account of said tax, a sum of money sufficient to provide the dis- trict attorney of the city and county of New York with an assistant, appointed by said district attorney, who shall be known as the transfer tax assistant, whose salary shall be three thousand dollars a year; a transfer tax clerk, whose salary shall be two thousand four hundred dollars a year, and a surro- gate’s process server, whose salary shall bc one thousand two hundred dollars a year, said salary to be paid monthly; and a further sum of money, not ex- ceeding five hundred dollars a year, to be used to pay the expences of the said district attorney for the conduct and_ prosecution of the proceedings men- tioned in section fifteen of this act, said amounts to be naid upen the certifi- cate and requisition of said district attorney. ‘The county treasurer of the county of Erie shall also retain out of any funds he may have in his hands on account of said tax, a sum of money sufficient to provide the district attorney in the county of Erie with an assistant, appointed by the said district attor- ney, who shall-be known as the transfer tax assistant, whose salary shall be two thousand dollars a year, said salary to be paid monthly. The county treasurer of the county of Monroe shall also retain, out of any funds he may have in his hands on account of said tax, a sum of money sufficient to provide the surrogate of the county of Monroe with two cleiks, to be appointed by said surrogate, and known as transfer tax clerks and whosc salary shall be seven hundred and fifty dollars per year each, payable monthly by the treas- urer of the said county upon the certificate of the said surrogate; and also a ‘further sum of money, not exceeding two hundred dollars a ‘ear, to be used to pay the expenses of the said surrogate of Monroe county necessarily in- curred in the assessment and collection of said tax, and to be paid upon the itemized requisition of the said surrogate. § 2. This act shall take effect immediately, 110a CHAP. 820 OF 1896. ‘AN AOT authorizing boards of supervisors to appoint commis- sioners for the equalization of taxes. BrEcAME a law May 21, 1896, with the approval of the Governor. Passed, three- fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The board of supervisors of any county of the state may by the concuring vote of a majority of all the supervisors elected to such board, resolve to appoint three persons to be commissioners of equalization of such county. They shall thereupon appoint such commissioners, two of whom shall be residents of such county and not members of the board of supervisors, and the third commis- gioner shall not be a resident of or a taxpayer in such county, but shall reside in the judicial district in which such county is situated. If there be one or more cities in such county one of such commis- sioners shall be a resident of such city or cities and one shall bea resident of the towns, in such county outside or such city or cities, The commissioner appointed from such city or cities shall be named by the supervisors representing such city or cities, and the commis- sioner appointed from the towns outside of such city or cities shall be named by the supervisors representing such towns. Both such commissioners including the third commissioner appointed from the judicial district outside of such county, shall be confirmed by a two- thirds vote of all the members of the board of supervisors. If, after such board has resolved to appoint such commissioners of equaliza- tion, they are unable to agree upon the commissioners to be appointed as provided by this section, and such commissioners are not appointed before the first day of July, succeeding the time when such resolu- tion was adopted, the clerk of such board shall apply to the county judge of such county certifying to him the fact that such resolution was adopted and such commissioners have not been appointed pur- suant thereto and such county judge shall appoint the commissioners subject to the provisions of this section relating to their places of residence. The term of office of each such commissioners shall be three years. Not more than one commissioner shall reside in the same town or city, and if a commissioner remove to a town or city in which another commissioner resides, the office of the commissioner 110b so removing shall thereon become vacant. Such appointments shall be so made that not more than a majority of the commissioners belong ‘to the same political party, and the other commissioner shall be chosen from the other political party polling in such county at the last general election either the highest or the next highest number of votes. If the office of any commissioner become vacant before the expiration of his term, such vacancy shall be filled, for the unexpired term, by the appointment of a person of the same political faith as his predecessor at the time of his appointment. Hach commissioner shall be paid by the county for his services, a sum to be fixed by the board of supervisors, not exceeding the rate of four dollars per day, for the time necessarily and actually occupied in the performance of his duties, and his necessary and reasonable expenses incurred while absent from his home in the discharge of his duties, but the total amount paid to any commissioner for his services and expenses in any one year shall not exceed three hundred dollars. § 2. Between the first day of September and the time of the annual meeting of the board of supervisors in each year, the commissioners shall examine the assessment-rolls of the several towns in their county and shall visit each town therein for the purpose of ascertaining whether the valuations in one town or ward bear a just relation to the valuations in all the towns and: wards in the county, and they may increase or diminish the aggregate valuations of real estate in any townor ward by adding or deducting such sum upon the hun- dred as may, in their opinion, be necessary to produce a just relation between all the valuations of real estate in the county, but they shall in no instance reduce the aggregate valuations of all the towns and wards below the aggregate valuations thereof as made by the assessors. If the office of any commissioner become vacant before the expiration of his term, such vacancy shall be filled for the unexpired term by the appointment of a person of the same political faith as his pre- decessor at the time of his appointment. [Am’d ch. 265 of 1898.] § 3. On or before the fourth day of the annual meeting of the board of supervisors in each year the commissioners shall file with the clerk of such board of supervisors their report of the equalized valuations of real estate, signed by a majority of such commissioners, and the same shall be binding and conclusive on such board of super- visors as an equalization of the assessments of real estate for such year. § 4, This act shall take effect immediately. 110c CHAP. 641 OF 1898. AN ACT to authorize the appointment of a commission to inquire into the expediency of'revising and amending the statutes relating to the taxation of property in the state of New York, and to suggest legislation thereon. Section 1. Within thirty days after this act takes effect the governor shall appoint, by and with the advice and consent of the senate, a commission of five persons to collate and report facts con- cerning the taxation of property, together with a summary of con- clusions to be drawn therefrom, and to suggest such changes as they deem advisable in the statutes of the state relating thereto. Said commission shall have authority to employ stenographers and other necessary assistants, and to send for-persons and papers, and to com- pel the attendance of any person before them at any place within the state. They shall make and present their final report to the legisla- ture on or before January fifteenth, eighteen hundred and ninety- nine, and shall present therewith such bill or bills as may be necessary to carry into effect the changes deemed advisable by them. § 2. Each of said commissioners shall be a resident and inhabitant of the state of New York. They shall receive the necessary expenses and disbursements incurred in the performance of the duties herein imposed, when the same are properly audited by the comptroller of the state, and the same, when so audited, shall be paid by the war-. rant of the comptroller out of the moneys in the treasury, not other- wise appropriated. § 8. This act shall take effect immediately. 110d Ie Near... A. Sec. Abandonment of lot divisions .......... slaleie eter clereieteisieie sis n'sisiele/ srs sise)s 41 Abstract of county treasurer’s Warrant ..........eeseeee salslewionsieters . 59 IXCCOLDILSHCIONSIILCCils el acistsintereit sisters sioie)e sls a sle\s\sie vis e' Sratctareler nu etevertieis teroliorete 2 Accounts due nonresidents, exemption of ............5e08. sci Hoe 4 Account of county treasurer with comptroller ...........eeeeeeeeees 92 Accumulations of co-operative loan associations exempt............ 4 Accumulations of life insurance companies exempt ........-2+ees SAMY ox: Action by unlicensed foreign COrpOratiON .......eeeeeeeeseeeeeeeees 181 Action for recovery of franchise taxes ......... Dcbleberetelusierctorcin's trerel 200 Action for sequestration, attorney-general to bring ...............+- 263 Additional franchise tax, transportation and transmission companies, 184 Administrator, place of taxation ............ Scanners Meeiatohe S eeister ens) siels 8 Administrators, collection of tax by ...... terol eaich tisiecetelelseteisie eicst ciate 224 Admission by comptroller of nonresident taxeS ........6..++-++--22> 102 Agents, aSsessmient Of ......2ceccseescscsceccers ACB RE OOO COS GOCE 32 Agent, place of taxation .......ccccccccecccccecccecescccceresvesees 8 Agents, selling on commission, exemptions ............seeeeeeeesees “4 Agricultural societies, exemptions Of ........... sees seeee eee ceeeees 4 Agricultural societies, exemption, tax on Capital...........seeseeee, 183 Alterations in school districts ........... Nertyde Mintave tol erekersiele Sevstetevsteterehs 39 Annual report by banks and contents Of ......... sees eee ee ee eeenees 23 Annual report of state board .........ccccccce ec ecensecsesceccences 171 Appeal from decision as to disputed residence ............eeeee seers 8 Appeal from surrogate, tramsfer taX ......... ss seeeee ee seeereeeeeee 232 Appeals in. certiorari proceedings .......cecceccecccescecccnssccocecs 255 Appeals to tax commissioners from supervisors ....... Hip biti acerca 174 Appeals upon equalization, COSTS UPON .... eee ee ee ee seers erences 177 Appeals upon equalization, determination of ..............+s0e0-0e> 176 Appeals upon equalization, how conducted ...........eeeeeeeeeeees 175 PAN CA ULONL OL MUA XCSimereketstsia’s +s) <'4 arel siete! febeisrevenersarecueraterstoia etirare isis enears ove 202 Application of transfer tax: ........cccccececscrcesscseccccsevvcccces 241 Appointment of appraisers, transfer taX ....... se ee eee eee rere eeeee 230 Appointinent of collector, if VACANCY ........ cee eee recs cece csceeces 86 Appointment of state tax COMMISSIONETS ........e eee eres ee ee rereees 170 Apportioning tax by county COUTE ...... cece ceeee ser eeesereeeverece 257 Apportionment between school districts ..........seeeeeeeeeeeeeees 39 112 Sec. _ Appraisal of capital stock, where no Gividends.......0.+seeeeeeeeees 190 Appraisals, transfer tax, how TAC Mereiciee tots taste slate Seteisle a eiarelate HER AACS 230 Appraised capital as basis of franchise taX ....se+esseeeeeeseeeeres 182 Appraisers, appointment of, transfer taX. Sie vee cee seesccdeces ie Poy Appraisers for transfer tax, POCEEMINGS DY... ceeceeerecccccevceee 231 Appraisers, transfer tax, COMpeNSAtiON ......seeceeeeceeereeerececs 231 Appraisers, transfer tax, YOPOTE OL. cia vie’ o'olcie sieiels siekels aclslote isis pleelaje . 232 Ascertaining facts for assessment ........-+-. ate eltensiele ators SPAR it CAO 20 Assessment, ascertaining facts for ........ CBRNE CODES AL Are eA, Assessment, equalization of ...........ee- Sis cbse ae Sole ee AYER Assessment, illegal, etc., refund Of tAaX.....eeeeeeeeeeeeeeeees arete aCaiene 256 Assessment insurance companies, exemptions Of. ......++++eeeeeeee Gg ea Assessment, methods of, state board to examine ........-eeeeeeeres 171 Assessment, mode Of ......cccececcce ccc cccccceccererccessccens Arta Assessment, notice of, to bankS .......ceeeeeee es eeeees ABS EEA CIC St 26 Assessment of agents 2... ..<-a es 4 Capital stock, when taxable ......+-+++++-+- Be nly fate, shoves eset i018 ae Te ae Casualty co-operative companies, exemptions.........--+- SI OroO & + Cemetery societies, exemptions ....... Sousa, 3. oe eaters eee Re isis lata tepehereke faye 4 Certificate, lost, comptroller may SUPPLY ..---+eeeeeeeeeereeeees Pry. als b Certificate of nonredemption, state Sale ..... see eee ee eee ee ee ee eeees 135. Certificate cf purchase, state Sale ....seeeeeee ee eeeeeeeee Se es Certificate of redemption by occupant, state sale .........eeeeeeeees 136 Certificates of sale, aS eVideNCe ....... cece cece reece eee eeeeees 131; 132 Certificate of sale of lands purchased by comptroller .......+.-+++-- 123 Certificate of state sale, when to be recorded ........... ie fr eget Peres ee: Certificate of state treasurer as evidence ........-+++- seisieieh knee Ener abet) Certificate on resale by state ......... MERE Bote a isc e teceyene Sh eubh abel ener ekete + 125 GIGVLIGT ATI, -GOSTS VOM se yere cs ereus «ey eteredoteresoleliereleialalalalolsialsis ele HOC deel cuagetens 254 Certiorari, effect Of 60 sin ces ce care mn ewes sho We ccna msinie ss icinis seo sos 251 Certiorari, proceedings after return ... ..-+--.-, 8 Hoop aon c ake doesn Certiorari, return Oo sc visjle'ee oceewe +4 win’ os a sie clenin views *iFisira a siabrelat 252 Certiorari, writ of, to review illegal, etc., assessment ..........++- . 250 Certiorari proceedings, appeals iN ...... see cece ee eens eee eer eeeeees 255 Certiorari to review assessment, petition for ........ APIO ROT DOT. Se Certiorari to review comptroller, regulationS aS tO .....+-+++++eeee> 197 Certiorari to review comptroller’s resettlement ........-eeeeeeeeees LOO: Change of residence, how effected ....--.eeeeeee eer ree ee eeeeseerees Charitable, etc., societies, good faith, test of, exemption .........- A Charitable societies, etc., exemptions ......... OS 5 OO OPORTO C Cxpoe , 4 Charter, forfeiture of, for delimquent tax .....-. sees ee eeeeeseeeeees 200 Ghattels classified c2 50... ..2 cn cs ee sea eiee BUA IERIOe a Oma Ee Biren c 2 Cities, not affected by art. VI or VII........ » 6 CREPE eC See ae Clergymen, exemption of dwellings and TIODELUYs«)0'ste stainietes ceistens atetaen 4 Glerlz Of State DOATC Me ctseete «-s = slstelecyoteleisielaietacery wi> +0) = nralanas Se ai ashe ekate etek btw Clerk of supervisors, abstract of tax-rolls by......... see ern tit. Collection of bank stock tax ......--..+eseeeeeees RE OE LAP FRG aie tee ae Collection of deficiency from eollector’s bondsmen ..... SP ee ea _ Collection of nonresident taxes ...... VP ee cr! Collection of tax by executors, etc...... Men a's ee atl cate elena § hacia ... 22oe 2115 Sec. Collection of tax on debts due nonresidents .......... Maveesle seer soma eth hs Collection of taxes -../.....,.... Pater e ie ote rinkage: Meiers ra chal sickeleredareyatstoe Art. 1 SOlICCHONROLMLASECS i. moines pe cree 3 Sod6 oo ukemi USO CRO aca ee Tt Collection of taxes, extension of time for............. Baer rn ae bi ee 5) Collection of taxes, notice of time and place ......... steistosettietetd aes act st Collection of taxes on rents reserved ..............6. Siereceteventratcteitcichore ah uke Collections for nonresidents, exemptions of ......... wih fa diekebovarcvetene teres A. Collector, appointment of, if vacancy .......... bt CARDO Abie ACS e 86 Collector, calling upon delinquent taxpayers ............ say a Ore atats 71 Collector, county court to compel payment DY) pert otek tee ee ne 260: Collector, county treasurer’s notice to, of corporation tax .......... 73. Collector, losses by default of ............« Bein ciate is ate llers ee Sic remay os Collector, notice of collection and receipt of tax-rolls................ 70 PUMertOrPOr LARee WfeGN TOE. oy 9.166 6 sie weheie cess coe esc ox ae a 80 Pimce or, (ayineny over Dyin ch epee dai peo es coe col wb canes . 84 Collector, to attend and notice RECCIDU MO Get CS tere his: ital. re ee ee eben Os Collector’s bond, satisfaction of ..... erties eas SiatcteNens (Heke Roane «eater 88 Collector’s bond, on extension of time ...................--. ate eters 8S Collector’s bondsmen, MOnCONey Rees etic an ods COIN veg Misiet 261 Collector’s return of RUE SLE ORam tee me ey crt Slat fp) ABB SEES P 82 ONCE OAR VATED Mime la memes tr in UE tida at eee ore ee soa t eek whee: 56 Collector’s warrant for corporation taxes ...........e..0ceece-05. 73 Collector’s warrant, sheriff MV eX CCULCUMs Anmeaie aia ce he a Binh Lote oN 5 tsht Commission property, held for sale ON TCXEMDLLONEOLsaee siete ae te 4 Commissioners of taxes, forms issued Dy; to. Dertollowed vein cha..! 40 Commissioner on question of redemption, comptroller may appoint... 137 Commissioner to make examinations for comptrollers es... ce alee 192 Commissioner to report errors, state sales .2......5..; eicvensisielegh aacae 3 140 Commissioners of land office, members of board of equalization. ~2+ LTS Peoutnissioners, ¢state tax ipaarde te Ne lls ty ete en eller | Nore ee 170 Commissioners, devises, ete.5In ‘lieu of, tax: upon.{....; ALAN R Eta. 220 Compensation of state tax commission ...................-.0--..., 170 Complaints against assessments ..)...02..<.¢00sscceelecceccceccccu, 386 Completion of roll, notice to be PAT ANS Aisa? ieee le AR a 3D Completion of title, state sale ...... Bee Sb. ee ae Fie IRA or oe de 135 Compromise of disputed transfer tax ...:....... sha evelcier chal tela charataists 'e 235 Comptroller, account of county treasurer with ........ Sadorete ted ee crhs 92 Consptroller, admission by, OF *nonresidentetaxes’.’, 03..0. 8a bobs 102 Comptroller, cancellation of sales BY ALOXIGEEONS 15) Ca Selene cc te 140 Comptroller, cancellation of tax by ......... Se SS ke ea eh 104 “Comptroller,” defined ......... Ch AOD AG Gio aE eR ie cree 242 Comptroller may appoint commissioner to take evidence............ 137 Comptroller, may assign tax certificate Veale wclete widclecsitt ete tor kee 122 ‘ : Sec. Comptroller may bid im at SAl€S .......eeeeseeeceec ec ecereececeees 122 Comptroller may employ THOTT S 4s cin 6 cro sale eit tara lelehe lee + exeletenenal eta 199 Comptroller may reject nonresident taX€S.....sceeeeeresreereececes 10 Comptroller may revalue capital .......eeeeee eee reece reer reece ences 190 Comptroller may revise ACCOUNLS «1... ee eee eee cece ee teeter eee eeees 195 Comptroller may supply lost COTtifiCate feet setts eleetete le clereGraetetelee sine 131 Comptroller, payment of nonresident taxeS tO.....sseeseeseeerseess 107 Comptroller, power to examine corporations, €tC........++eeeeeeees 192 Comptroller, prescribes form of corporation reportS ........-cer-ese 191 Comptroller, proceedings by, when county treasurer does not pay.. 92 Comptroller, purchases by, at tax Sale 1... eee eee eee reecceeeeeeeees 123 Comptroller, secretary of state to report tO .....ceeeeeee cece ee erees 201 Comptroller, to act on board of equalization findings ..........-..- 173 Comptroller, to appoint commissioner on cancellations for errors.... 140 Comptroller, to audit expenses state SAl€ 2.2... eeee seer eeee ce eeree 143 Comptroller, to be Cited ..... cee cce cece ences csceegeersscscccceces 229 Comptroller to correct and approve assessment on state Jands."..-. 22, Comptroller, to furnish books and forms, transfer taX .......-..-- 238 Comptroller, to give notice of statement of taX.........-++seeeeeees 193 Comptroller, to return excess to county treASUrer ......-seeseeeeeeee 103 Comptroller, transcript of cancelled tax for superviSOrs .........+.- 105 Gomptroller’s deed 2.0.0... cece ee ces e win eee sesee cscs cencescesencess 131 Comptroller’s fees, tramsfer tAX ....... cece cece ee cece eee reece eeees PEs Ccmptroller’s former deeds, effect Of ....... cece cece ee ceeeeeceeeees 132 Comptroller’s notice of unredeemed lands .......+++eeeeeeeeeees oper Comptroller’s resettlement, certiorari to revieW........++.eeeeeeees 196 Comptroller’s, sale by and notice Of ........c cece erences ee ceeeceees 120 Comptroller’s sales, CONGCUCE OFT Se cateisteieicie citclere ote ccsve eet tare s abe leto aieleretane 122 Comptroller’s settlements ratified... ... ccc cee eee ee eee e cere ee eeeee 184 Comptroller’s NVALLAIC, DUG LLCT oO Pires) cesrcticr es srstsce tere ttt a al hatebereveonslalintete st ohatts 198 Comptroller of New York, examination of assets of deceased........ 228 Comptroller of New York, notice to, before transfer to executor, etc., 228 Conclusive presumptions, from comptroller’s, etc.. deed........ tolewtos Conjoint assessment of lands, redemption for state sale ............ 128 Consolidation of existing stock corporations, taX OM ...........--+e-> 180 Continuance of TESidence, -when™ PLESUMEC! cliclecretelsie + <\s's'ciqktets ierelenere 8 Contracts relassifi ed Myers os oices -laesyotavadet ne erat ctedepse(eis > sis cieterslatssolelecteters 2 Contracts: due nonresidents, exemptilonvol sericttes «\c « clets cis clelsl clasiete ara + Conveyance by. county treasurer, -emects Of seek os o's «2 eles aiersl a cle clela tials 154 Conveyance by county treasurer, nonresident real estate ...... 151, 153 Co-operative’ insurance, exemptions :of 4. aie. vo sa eee se ees tee eee 4 Co-operative loan associations, accumulations of, exempt............ + Copy of receipt,’ transfer tax -....4...ccere-- oe oc pleel Bata wee rane eee 236 Corporate property, placer of -taxatlon Of mi... cise shit a ast eel nts) 186 Dividends on bank stock, when to be retained..........-eeee serene (2 Dividing line of tax districts, taxation of real DEOPSLUY Olle ie) de « aL Divisions of lots, abandonment of ............ As SAT eel on SHEERS eORCOCRY 41 Divisions of lots, mapS Of........-+--ceeveves nk EPCOS badd Riaesiatat « 41 Dockage classified .............-sseeeeerees ay AL eS ODS Fe ceists 2 “Doing a banking business,” defined ......+--seeeeeeeeees rhein. ed Le Domestic corporations, franchise tAX.......+.eeeeeeeee eee eeereees 182 Duties of county treasurer, when measured by comptrollers as to SALCS eee eiece Abi Te Be Shae acoder a el RT A Re Gbciotn cto RICrOe Ppisye ay! Duties of state tax’ commission ...........---++> By Oho DO Owe nralra’ Dwellings, property of clergymen, exemption OL era estate) so SAS ESIC tL BK. Educational societies, ete., exemptionS .......--++++-eee- GDH o3e 4 Effect of county treasurer’S CONVEYANCE.......- ee errr eeeeee ME a He Effect of former deeds of comptroller.........--- Wevetete at sicl sv epeh oreke Piven tlsy Effect of notice to occupant, state sale .......-.eeee ne eneerccrrrces 134 P20 Effect of occupant’s failure to redeem, state Sale.........eccecceees Lov Hiection by owner of land embraced in different districts.......... 10 Blectric companies, exemption, taxon Capital l...%.7.-.... seeren ue LSS Mlectric’ companies)) LrancniSGbidy s.r. teres eueve aia lerae aleeare tetekeete erro Hlectric companies, reports Of 2 ........6.00 0s Pole ar lista. lelensiesonereiele le ete te eee LOS Electrical conductors classified ..... SG eens aie o stersrenoxcrate eraxaravohe tenet ste teterece Ve 2 Hlectricitys transportation. Of, “classifieds... as eee eleleieie te cieicie acts 2 Flectric light, ete., corporations, ‘payment Os taxes D Varies cetera Ae | WS Hlectric light, etc., lines, enforcement of tax ......... ahs eee enters oiejeely ol Elevated srallroadse classified % dy. aeitcistatciete ootetsteteiemeterener iartie aici et eterno 2 Bleyated railroads; exemption, taxon" capitaly...-. 2. -ccs aeleieremLses Mlevatederallroads, franchises Ca xe terecwr. certercietsraee leita ter rice ete sk AMlevated rallroads, reports Ol bowae us ete e = ies So aoc oD eae Sodue og TS Enforcement of laws, societies for, exemptions of..... oa.s: cialiskofat ohatel sich MACE Enforcement of tax against telegraph, etc., lines......... sledatet one share toget GE Hqualization state WOard, OL) ser mice tee er mereleretancetcvealc siete Rien ent LO =a at Equalization of assessment ........... a dhig so ys akeal sh al’s aceuarotsre ss decip atcie one pe Lele: Equalization by supervisors ........... chat: adereterstehie otsieteleveys Cbs ireeiereret ooo Equalization by supervisors, appeals from............ Si dva's| sails: olegidtens tale mel Tee FHrroneous assessment, refund of tax ..... Tiedarate. ave thos st elelat et chetetet es clakecoereas 256 Erroneous payment of transfer tax, refund of ....... ca, of aja "ette Wveflehtal eaete RTD Erroneous returns by collector or treasurer....... wrerahe ecstchete Rest SB aterm Kia: Errors in ydescriptionsifor comptroller’ss Sale s).s.. 4. cat se see cole Errors sin TLOrmMer sales, "Cured acc. cere leek eerie serancletate emcee tere eee tes Eirrors, state sales, cancellation for ........... Beene nies Biele,cvs ct alareieretope ee Errors, state sales, charging back.............. ales lohereleheneferote cecal stede end LAO EXTrors,’ SUPervisOrs, May Correct <0... .26. ee SORE SOS arte sleisveralelcle Mae eoes S @EOSLATO UME OeNNEG Sone ce detect lee eretets Jictsiekdiens sis efeNersic lela ererstecteie o chetetemna tes Histate fordife! or) years; transfer taxpon. saaces- bie ce eee ae oe Myvidence, comptroller's#deed. sas acrnc se encieie eee eee Ae picite, Wet: Late. Hvidencesrormer stax deedstasmens DY 2... 0. 0c ccc cic cc ceeienjes cowtes 181 Foreign corporations, franchise tax ..........seessseues Sisleretsiarst's 60 tee Foreign corporations, license taX ..ssseeeerseseeveereeverreeeeseee LSt 122 Sec. Fereign executor, etc., transferred to, forbidden without notice...... 228 Yoreign principal, exemption of property Of..........eeeeeeeeee on re Forfeiture of charter for delinquent tax ..........ccccceccceccscecs 200 FOL (OLMASSESSMENE-LOL Nese cle is'c\o o's c's siete ele aiels'eje/e scslel als Aricancrrtartonicic.s 21 Form and contents of corporation, reports Of ..........eeeeeeeeeeees 191 Former “sales; (defects times sss sc o's\2 cis) sec o's ata oe cle cine clo ahalane cicieteleloisisiaie 132 Forms furnished by comptroller, transfer tax...........--eeececees 238 Forms; state board to prepare, CTC... 2.2... cece cece ec cces seer ececcss 171 Foreclosing lien on bank stock for tax.........ccceccseecccsscecces (2 Forest; lands, smot: Exempt. sis: A2ieclere le cieit-s sitio eel ele ele oclnc « clesis viele stele 4 Iorest preserve, lands in, not exempt .........ccececeececececscees 4 Forest preserve, payment of tax on state lands in...............46. 49 Forest preserve; returm of unpaid taxes .......... cc cesecccccsseres 100 BH OSSIIS' | CLASSIFIO Oss M5 ere erciete victatats syeloictelstatecc'ctavelp's ole's, atalareeseloneisl steicalte 2 Iranchise tax, additional, transportation and transmission companies, 184 Franehise tax, corporation, reportS for ......-.eccecccccvcsccccees 189 Franchise tax, exemption, life insurance ...........ccccesccecesces 187 Mranchise: tax. LOrecien: sCOLPOLacionssercier, ersiero sche a clojonele lala teleleletetetsetetale 182 Yranchise tax, insurance and surety corporations................-. 187 WranchisetaxsiInNterest jOMs ave eles ccs cic aheveleie o eteete save eheusuctalevers alcven ster etate 193 ASTANCHISE! TAK NIGH) Ole cioie.cl esi steteleliovste vial aleleies v atela«/ 2 -careteteee erate interes eo ees Shareholder not taxable if capital stock taxed ............ oeaiebeetets 4 Shareholders of banks, no personal notice to .............cecceeees 26 Sheriff, county treasurer’s warrant to, for tax on debts due non- TOSIAENTS MIME... ws have Serer iets sos arpigetrs:+ RORMMENOLY '»' sakes siateta telstcbata abe cotatgice, AU 133 ‘ Sec. Sheriff executes comptroller’s warrant ANG. T6CRAT OLE A he le onic Veja © vLOS Sheriff may execute collector’s warrant .....-..+++ satavereleaste.« SaaS MSL Sheriff's fees for executing collector’S Warrant .....-.ecerecee eee ns 87 Sheriff’s return for tax on debts due nonresidents ......+.+-+++++- Per eie be Sleeping car company, additional franchise tax ....... eictelpteisie eo" ee Loe Societies, exemption of real property Of .....---seeees Soro op scuee 4 Sold lands of state, taxation Of .....s..seeeereeeeees APs tev skoloyete io" 8te 5 Special report to comptroller, penalty for refusal .......+-+eeeeeeees 194 Specific interest in part of lands, state sale ..........seeceeeoeons 127 . State, comptroller may purchase FOT, At SAlE 6 occ wre ceee cece cess: » 123 State, lands possessed by ....-++++++ Sieve Mctti tieinleten ofeucletsshshiene Rieteyaroie aus iatane 133 State, tax districts of, CLE LLIN CC eateicetera iss ore) so) es ofeue > si sveualays ahd SOTETOn SO 2 State assessors, continued im Off1CE .....eeeeeee seers ereeeree Ries lsiecess 170 State board of equalization .........eeeeseeceeecereeces Age nas Lciealras State board of equalization, powers and GULTLES et oe crete lager ocelot cpaie 173 State board to. Visit Counties .......ceeeeeeeeer cscs esreeeecenccces 172 State board of tax COMMISSIONELS ....--eeeeeee ree erererrereeee 170-177 State board of tax commissioners to decide if residence disputed .... 8 State engineer, resale of lands for taxes IAC. Sao Mepeds Ao od SOOoORAD Cc 124 State lands, how assessed when TORS CU ee ite oicleaceiatoteu ate! s ofisiae fay she ais 3 5 State lands, correction of assessment by comptroller ............-- 22 State lands, county treasurer to furnish list of, for tax sale ........ 156 State lands, etc., payment Of taX ON ...... ee cece eee e seer deeeeeeeee 763: State lands leased or sold, taxation Of ...-.-sseeeeeerereeeeccres 5 State lands, road and schoolhouse TK OMe eae lero inicve cithershsissolal Scveksolele sie. 22 State lands, to be bid in at county treasurer’s Sale 6... cess cncee 156 State lien, how protected ......cceceveccseccessencctenee seebacneres 124 State lien, with renewal for, at state RO Rt al ot Ais ped Gidic ee an COM 124 Sata AMINES WEXCIOD LEU loviuias o's, sin sreisit aus epinrle® sierete sire etatale! sls ai asin. s 4« « 2 State officers to furnish state board information ....-..+eeerseee eres Ia State Property... CXEMPt)*. oe cee aes ote oem ninritie ne ss sereisiewe ces cecesese +f State sale, certificate of pUTCHASE .......ee see ceeeereercerecesercs 125 State sale, certificate of monredemption .....---++eseeeeererercereee 135 State sale, completion of title ........ssesseeeeeeerecesesrereesers 135 State sale, effect of occupants’ failure to redeem ..--.-+++eeeeeeres 137 State. sale: expenses, Of rca ceciun ton snshpe sinc + asl rer wasiene sien aecie s 142 State sale. NC WecCertifiCcAle rice. lic ole m em cians een. + salen eieeisis wee ate sens 126 State, sale, notice to occupants ......5 22 ceer-o es serccnensesorereses 34 State sales DAYMICHtLOL DIS > Ata. suns peeilos ee ion settee mc elere tc 125 State sale, redemption by mortgagee Hefore NOtiCe) ce... 0es essen 139 State sale, redemption by occupant ..........eeerereceasrrsreceercers 136 State sale, redemption by occupant before notice ...+-++++eeerererees 137) State sale, redemption of lands .........---eeeeecerreersereerces 127 State sale, redemption of undivided interest ....----++s+eerrrrrees 12h State sale, redemption, where specific interest TG DAT be aise =t-reiet> a 127 134 Sec. State sale, setting aside cancellation of ............ as esp FOS eae eT. State sale, withdrawal for state lien................ Wiel. a. a eetelionee a. ef wets! State sales, ‘cancellation: of, ‘forverrors, vet¢.« is... 504 00. ee ee hier RETO State sale, mortgagee’s lien for taxes paid ........... Sekt $59,! Mn song ty, State tax, borrowing by‘county'to pay. ..............ec0- PAE Aor hws ba State tax certificate, comptroller may assign ............. no beldtcletore eae plate tax: commissioners, powers) > €tc,) i Of. <.)...kkes choot Rear ia ty fl State tax commissioners created ............ee000 oe Sahel sickobenevere . 170 State! tax; (paymentiby.-counties 70-0). sass cee. teins Da ee Bice ete k State tax, payment of direct, exemptions for ................. saw tee oe 20 7 State tax, times of payments by counties ............00ccceeeee AAsnc hl State tax sale, mortgage lien not affected .............. GA io a0 138 State tax sale, purchases by comptroller .................. Heeen wae 23 Bitte tax sales i, fsu rel Uneae eee. gee ee eee ee eS 120-148 State tax sales) ‘corducthOfi i gee de ee 122 Statement of tax, comptroller to give notice Of. .........c.ccccecoccs 193 Statement of tax upon corporations ...... Rican cocttuces cite ns hi Seg ateteiers tote 57 Statement.’of valuation for -comptrolier or... slecees fuel ce eee te ie wit 32: Statute of limitations, ‘defective: sales. su. doe eee a ee skoe Statute of limitations for deduction of OVeTCharges yan see Satieles ey hOS Statute of limitations, state lien .............. REAL. Pen ee resale wae 124 Statute ‘of linwtations, state wale Annee eee Arie eg Statute. takes: ieifeet do s7e dseae ei anetes ake) alee as Wis sah tovatetere tore 281 Stay by court extends time ES Ae AS I aS bs viet a Seach 82 Dtay, éertiorarl does ‘notyopéerate ‘asii deen te nee a eee 251 Steamboat company, additional franchise tax .........0.cccceececceu. 184 Steam-heating companies, Exemption, tax. OnecApitallc.cee eerie . 183 Steam-heating companies, franchise tax ........... 0. cecceeccccceces 186 Steam-heating companies, REPOLtS) OL yy ok slaves ehere dele chee eee en Te 189 Steam pipes, vete.,,. classified itis, en eau ee rake ee woasde 2 Steam surface railroad, additional franchise tax.................. 184 Stock, (Corporate; itaxa tion ofesmisay eee ee eee eee PBceiak 12 Stock corporation, organization ‘tax i) sane ee eee ee 180 Stock ‘corporations,;ireport (of ‘si s-gua see ee se eee 27 Stock corporation, tax on increase and consolidation.............. 180 Stockholder not taxable if capital stock taxed..............-...---. + Stockholders, bank, list of, and its iInspectioniek..:.'.)- ae ee 23 Stockholders of banks, taxable on shareS...........eececceceee)e.. 13 Stocks in moneyed corporations, ¢lasatited: “aaer. . 4... 5) ogee ee Z, Stocks, public, ‘classificdier..’. Usk Le. ike ce eee... ag nee ena ne 2 Structures classified ics Gee... Mele as aan: «yh eee eno 2 Subdivision of tax against nonresident ..............0ccccceccceuce 107 Suit for failure to report against Danica, iets. «alae roo ae ae 28 Superintendent of insurance, evidence by,eeransferitax'. 4, of 40s 232 135 Fece Supervisors, appeals from, to tax COMMISSIONETS.....seeseeeeeeeees Lh Supervisors, equalization DY «.-++++seeeeeees ee GuMohanaey ale eee a SNE I. Supervisor to furnish maps for comptroller. ......ceeeeecreeeeeces 121 Supervisors may correct eCFTOTS «.-+++++seeeers NIV Se Siete. ASSAD AT GAT 53 Supervisors, proceedings where description imperfect .....++.++++: 106 Supervisors to levy taX ...--++s+eeees reenoaye, axorete’« fenece Sister as BVsieithareiere 5D. Supplementary proceedings for tax due nonresidents ...... x SAB een ar SE Supplementary proceedings to COMSEES TAX Maw. @ slejae)s she elo « oyelele ee sate see Supreme court justice, reappraisal of transfer taX......-. Fae Ne oil oa Surface railroads classified .....+-.seeeeeeeeere eee eeeereeers Ee. 9) cee Surface railroads, exemption, tax on Capitaine curse sies) isis +06 CARNE NAL SS Surface railroads (not steam), EPAVIGHISGn LA Xn cate aio elapelodeies isl'e) bilnpe.cve yr, i kevis Surface railroads, report Of ....---ceeeeesereseeereer er seereseren® 189 Surrogate, report of, transfer tax: s.i.0. OT yay otis sis atave te (eres ellonetobehe 239, 240 Surrogate and district attorneys’ assistants in New York and Brie, 2335 Surrogate’s court, jurisdiction over transfer tax.......+++-- SA nO eee Surrogate’s determination of transfer taX....seeeeeeeee cer eeeres Ay de PRPS Surrogate’s transfer tax assistants in KingsS.......--++seeeeeesereees 234 Surplus on cales for nonpayment Of taX.......seee MiSceketel oiets cbecstsNolsiers) 7 71 Surplus profits of corporation taxable. 2.0.4.6. Sve ave tensor snare id ea O eae 12 Surplus, tax sale, CLALTING, Os niece os sahelolewiele apohaneicie Ma opts CEOS ROS EAE PATE « Surplus tax collected, how Gisposed Of .....-ee eee eeeeeceerceseees oot Surety corporations, exemption, tax on capital SEOCKGeA iat cielavene Ciel o's = iaighe 183 Surety corporations, franchise taX ...-..+.sseeeeeesceererseseseers 187 Surveys, county treasurer may order, for ,sales....)....% Sh ateens 535, COR ete a Surveys, etc., nonresidents’ real property ....-+--++++eeees Mie uthrohe chars 30 ED Tanks Classified ......ccccccereere re eere sr sesecerees RUaisrotstolrat Davee she ey Tax, additional franchise, transportation and transmission companies 184 Tax against resident when treated as naKayebgeseksrain, “Rate as eer Orae OOS 89: Tax against telegraph, etc., lines, enforcement Of. .......eseeceeeeee T4 Tax apportioned by county court Dene tere ateratenetetste, eYeners piitionieks eremaeiele 257 Tax, apportionment of, by county COUrt........+eeee reer reer eeceees Qik Tax, cancelled, transcript of, for SUPELVISOTS .....-- ee eeeeeeeeeeees 105 Tax certificate, comptroller may ASSIGN ......-+eeeeeeeeee D istecelcohdiier os 122 Tax, collection of, by executors, et ...+.-.ee reer rece MPC bores ae 224 Tax commissioners, board Of State ....... eee eee c esse cree reer ecees 170 Ah bie commissioners, RAT DORMLCMOL wansfabieicie's ois ie letete le. v/elolelstos 0s eee Ll O=kET Tax, comptroller may readjust accounts for ......-- evar ede se letened ede 195 Tax, comptroller to give notice of statement of ...... SN aleveewhetelie s 193 Tax, corporation, comptroller’s warrant for ....+-.+++++++ abs pareae se: 18'S: Tax, credit for surplus, how made .........-- Svea pa /helel sie! steile la ketoiietetni ts 84. Tax deeds, effect of .......... PE iy ARMM, «5 'o- city's totale rarseedelete'e be yre sp heh ug tere Tax delinquent, forefeiture of wnartile VE casvs eo enohe F)o wetalstes late sie c evens ererke EOD) Tax delinquents, information of ....... mie) ola Bester ats hot aier ei 01 sire Redan tits 136 Tax, supplementary proceedings to GCOLSCE ates ict -)'s wiapeteilavel ete evele tie sleiep Tax titles, list of county ownership......--- -AGEIEI Sveletettle alas ataceleleugtals Sec. Tax istrict, MefNed cicsecsscscccccecersececeeeecseccccseeccecssese 2 Tax districts, real property on dividing line Of. 1. ..0.....00.cceeeess 1 10 Tax districts, when executors reside in different ................... 8 Tax, exemptions of personal property pay direct state .............. 201 Taxes TPANChisSe ACtIONY T Olgmeetes eeters sale 51s erehedae ielolat etal olete otelel ate Hey A ney Trg he PAN, Tax, franchise, elevated and surface (not steam) railroads .......... 185 Tax, franchise, foreign corporations .............. araeetane Volto’ PuictoiGg A Aker Tax, franchise, insurance and surety corporations ....... eee LET Taxsy Tran CHiSeMUMENMOL Meee ctaiete: fetus cetehctate teil olete eke cece 01 s]0)'0 ele) 6) mje le) ole 2)" \9.0)'8, 0) 11 Taxation of capital stock, ete., of Corporation ..........+.eeeeeeeees 12 Taxation of capital stock relieves stockholder ..........+...-- Sr aeeratetete 4. Taxation of corporate StOCK .......csceseregeccereccrecrcerceeeneees 12 Taxation of individual bank capital ........... Leer olavale ds is iebalates ate bie 14 Taxation of lands leased, etc., by state........... Ricterc, aus iete rane stsasusus ane 5 Taxation, property exempt fYrOM ..... eee re eres creer eee ee recess 4 aK aul ON MpPLODELby: LidD1Os EO perelste 12 Nels oe'e erelsiole e/a eheleln\e gle Balslele ele oles ole jale 3 Taxation of property of nonresidentS ..........--2--seeecceseeeees 7 Taxation of property of residents, place Of.............eeeeeeeees 8 Taxation of real property on dividing line of tax districts........ 10 maxation Of shares Of bank StOCK wc... 6220. ccc cee eiccs cee cieinw cs os 3 NOS HECOLLECELOM MOL men ciein ict eie sib) os ollie) «ins cls/ei= els) olayplensisielnlelele e/erela |e) s/nis« 0 Tal KOS COLLCCLION MOL meee etrielotedals siitadisle sysleteis) +) eel eis ele is! «\eveaheie) »]aie'e 0% « ATC aL: Taxes, collection of nonresident..........2..ee see e eee eseeecees . 100-109 Taxes, collector to attend and give notice for receipt of............ 70 Taxes, extension of time for collection Of ..........-..e+eeeere ees 85 Marea tees Of SCOllectOTnOts fas. c rr cinta ae acct © +2 74.59 «ee wee 64's 80 SN aAKOS MELONI UD DULG Cin chetarede atesiev deleted cvetestetetero rebels ves shal sje eho, «(= 201 sueleraisiers isi 202 Taxes, nonresidents, comptroller may reject .......-.-seeseeeeeeee 101 Taxes on nonresidents, payment to comptroller Se LORS Fok NOIR OSE Hes 107 PROMO V CLD a) Cimento cele i escent safe) sees en's es 0)s 3 129 . Unoccupied lands, state sale, purchaser’s rights........ eietae chctersreters: es Pare Unoccupied lands of state, possession of........ Sa REPAY OR ROPES . 183 Unpaid nonresident taxes, return of............... OS ab ibhe HSE 100 ‘Unpaid tax, real property, reassessment of........ OP Me citi sh alcee alain eke 89 Wnmpaidetaxes «COlleGlOW si return Often ctccloc clteie clelelajelclelsls elec cie oes « «is 09.0 82 Unpaid jtaxes; sales by comptroller... 1.5. cheese cee eres 120-143 Unredeemed lands, comptroller’s notice of, return Of................ 130 Unsold certificates, where land bought for county........ 3 Gp DOA 123 United States banks, assessment Of ......5.. 2... ccc cc cscvercesvene 24 United States commissioners, lands of, notice of saleS...........+.. 156 United States loan commissioners, sale of land for taxes.......... 123 United States property exempt ..... Bee are ata Aid ae ort on bao ood 4 iV Vacancy, appointment of collector, and effect of, etc............... 86 MAGA LE LAMG SAC CSWOMAULOLIMOL, 5 .c: concise!