ᏢᎪᏒᎢ 1. When wit nesses may be subpenaed. Chairman of committee to administer oaths, &c. Penalty for false swear ing. Non-resident witnesses. Neglect of attend. CHAP. 39. AN ACT to compel the attendance of witnesses before committees of common councils of cities, and to punish false swearing by such witnesses. PASSED February 18, 1860; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. Whenever the common council of any city within this state shall have appointed a committee of members of their body upon any subject or matter within the jurisdiction of such common council, or to examine any officer of the city in relation to the discharge of his official duties, or to the receipt or disbursement by him of any moneys in the discharge of said duties, or concerning the possession or disposition by him, in his official capacity, of any property belonging to the city; or to use, inspect or examine any book, account, voucher or document, in the possession or under his control as such officer, relating to the affairs or interests of such city; the chairman of any such committee is hereby authorized to administer oaths to all such witnesses as may appear or be brought before such committee; and every person who shall willfully and corruptly swear, testify, or affirm falsely, to any material matter, upon any oath or affirmation administered by the chairman of any such committee, upon any such investigation or inquiry, shall, upon conviction thereof, be adjudged guilty of perjury, and shall be punished in the manner prescribed by subdivision two of section two, of article first, title four, chapter one, part fourth of the Revised Statutes. $ 2. Upon application by the chairman or a majority of any such committee to a justice of the supreme court or to the county judge of the county in which the city is situated, or to the recorder of such city, and it satisfactorily appearing to such justice, judge or recorder, that the testimony of any witness named, residing in this state, is or may be material in such investigation or inquiry, such justice, judge or recorder, shall issue a summons to such witness, requiring him to appear before said committee to testify in the matter of such investigation or inquiry at a time and place, within such city, to be specified in said summons. Such summons shall be served by showing to the witness the original summons, under the hand of the officer issuing the same, and delivering to such witness a copy of the summons, or a ticket containing its substance, and paying to him the fees of witnesses in civil actions in courts of record. $ 3. In case of the failure of any witness to attend, as witness to directed in and by said summons, the justice or officer issuing the summons, upon due proof of the service thereof, and of CH. XVIII, the failure of such witness to appear, or to produce such books and papers, according to the exigency of such subpœna, or shall refuse to testify before such committee, or to answer any question which a majority thereof shall decide to be proper and pertinent, he shall be deemed in contempt, and it shall be the duty of the said justice or officer to issue an Attachment attachment, in the form usual in the court of which he shall be judge, directed to the sheriff of the county where such witness was required to appear and testify, commanding the said sheriff to attach such person and forthwith bring him before the said justice or officer. On the return of the attachment, and the production of the body of the defendant, the said justice or officer shall have jurisdiction of the matter, and the person charged may purge himself of the contempt Contempt. in the same way, and the same proceedings shall be had, and the same penalties may be imposed, and the same punishment inflicted, as in cases of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a circuit or special term of the supreme court. pealed. S4. The act entitled "An act to enable the common council Law reof the city of New York to take testimony in the matters referred for investigation or inquiry," passed February eighth, eighteen hundred and fifty-five, is hereby repealed. CHAP. 60. AN ACT to provide for the incorporation of religious societies. PASSED April 5, 1813. Be it enacted by the People of the State of New York, represented in Senate and Assembly: porated. S1. That it shall be lawful for the male persons of full age Protestant of any church or congregation in communion with the Pro-churches, testant Episcopal church in this state, who shall have belonged how incor to such church or congregation for the last twelve months preceding such election, and who shall have been baptized in the Episcopal church, or shall have been received therein either by the right of confirmation or by receiving the holy communion, or by purchasing or hiring a pew or seat in said church, or by some joint act of the parties and of the rector, whereby they shall have attached themselves to the Protestant Episcopal church, and not already incorporated, at any time to meet for the purpose of incorporating themselves under this act, and by a majority of voices, to elect two church wardens and eight vestrymen, and to determine on what day of the week called Easter week, the said offices of church wardens and vestrymen shall annually thereafter cease, and their successors in office be chosen; of which first election notice shall be given in the time of morning service on two Sundays III.-88 PART I. Annual elections of dens and previous thereto, by the rector, or if there be none, by any other person belonging to such church or congregation, and that the said rector, or if there be none, or he be necessarily absent, then one of the church wardens or vestrymen, or any other person called to the chair, shall preside at such first election, and together with two other persons, shall make a certificate under their hands and seals, of the church wardens and vestrymen so elected, of the day of Easter week so fixed on for the annual election of their successors, and of the name or title by which such church or congregation shall be known in law; which certificate being duly acknowledged, or proved by one or more of the subscribing witnesses, before the chancellor or one of the judges of the supreme court, or one of the judges of the court of common pleas of the county where such church or place of worship of such congregation shall be situated, shall be recorded by the clerk of such county in a book to be by him provided for that purpose, and that the church wardens and vestrymen so elected, and their successors in office of themselves, but if there be a rector, then together with the rector of such church or congregation, shall form a vestry, and be the trustees of such church or congregation; and such trustees and their successors shall thereupon by virtue of this act, be a body corporate by the name or title expressed in such certificate; and that the persons qualified church war as aforesaid shall, in every year thereafter, on the day in Easter week so to be fixed for that purpose, elect such church wardens and vestrymen, and whenever any vacancy shall happen before the stated annual election, by death or otherwise the said trustees shall appoint a time for holding an election to supply such vacancy, of which notice shall be given in the time of divine service, at least ten days previous thereto; and such election, and also the stated annual elections, shall be holden immediately after morning service, and at all such elections the rector, or if there be none, or he be absent, one of the church wardens or vestrymen shall preside and receive the votes of the eléctors, and be the returning officer, and shall enter the proceedings in the book of the minutes of the vestry, and sign his name thereto, and offer the same to as many of the electors present as he shall think fit, to be by them also signed and certified; and the church wardens and vestrymen to be chosen at any of the said elections, shall hold their offices until the expiration of the year for which they shall be chosen, and until others be chosen in their stead, and shall have power to call and induct a rector to such church or congregation as often as there shall be a vacancy therein: Provided, however, That no meeting or board of such trustees shall be held, unless at least three days' notice thereof shall be given in writing under the hand of the rector or one of the church wardens; and that no such board shall be competent to transact any business unless the rector, if there be one, and at least one of the church wardens and a majority of the vestrymen vestrymen, regulated. Trustees, when and how to meet. be present; and such rector, if there be one, and if not, then 11 N. Y., 243; 23 B., 327, 436; 17 B., 103; 1 D., 388; 1 Ed., 308; 16 CH. XVIII. Protestant churches. How they $2. And be it further enacted, That the minister or minis- Trustees of ters and elders and deacons, and if during any time there be Dutch no minister, then the elders and deacons, during such time, of every Reformed Protestant Dutch church or congregation now or hereafter to be established in this state, and elected according to the rules and usages of such churches within this state, shall be the trustees for every such church or congregation; and it shall be lawful for the said trustees, if not already may be inincorporated, to assemble together as soon as they shall deem corporated. it convenient, and execute under their hands and seals a certificate certifying the name or title by which they and their successors forever as a body corporate, by virtue of this act, shall be known and distinguished; which certificate being duly acknowledged or proved as aforesaid, shall be recorded by the clerk of such county in a book to be by him provided as aforesaid; and such trustees and their successors shall thereupon, by virtue of this act, be a body corporate by the name or title expressed in such certificate; and it shall be How trus lawful for the trustees of any such church or congregation, any former elected by virtue of any former law of this state, by writing dissolve under their hands and seals, to be proved, acknowledged and ration. recorded as aforesaid, to declare their will not to continue any longer a body corporate, and thereupon such body corporate shall cease, and all the estate, real and personal, held by them shall pass to and be vested in the trustees of such church or congregation, made a body corporate in the manner above directed: Provided always, That nothing herein contained The rights shall be construed in any manner to impair or alter the rights churches of any of the chartered churches within this state. 11 N. Y., 243; 23 B., 327, 436; 9 B., 64; 10 Pai., 627; 7 Pai., 281; 1 tees under law may their corpo of chartered saved. gious socie corporated. $3. And be it further enacted, That it shall be lawful for Other relithe(male) persons of full age, belonging to any other church, fies how incongregation or religious society, now or hereafter to be established in this state, and not already incorporated, to assemble at the church, meeting-house, or other place where they statedly attend for divine worship, and, by plurality of voices, to elect any number of discreet persons of their church, congregation or society, not less than three, nor exceeding nine in number, as trustees, to take the charge of the estate and property belonging thereto, and to transact all affairs relative to the temporalities thereof; and that at such election, every male person of full age, who has statedly worshipped with PART L Powers of of churches. such church, congregation or society, and has formerly been considered as belonging thereto, shall be entitled to vote, and the said election shall be conducted as follows: the minister of such church, congregation or society, or in case of his death or absence, one of the elders or deacons, church wardens or vestrymen thereof, and for want of such officers, any other person being a member or a stated hearer in such church, congregation or society, shall publicly notify the congregation of the time when, and place where, the said election shall be held, at least fifteen days before the day of election; that the said notification shall be given for two successive Sabbaths or days on which such church, congregation or society, shall statedly meet for public worship, preceding the day of election; that on the said day of election, two of the elders or church wardens, and if there be no such officers, then two of the members of the said church, congregation or society, to be nominated by a majority of the members present, shall preside at such election, receive the votes of the electors, be the judges of the qualifications of such electors, and the officers to return the names of the persons who, by plurality of voices, shall be elected to serve as trustees for the said church, congregation or society; and the said returning officers shall immediately thereafter certify, under their hands and seals, the names of the persons elected to serve as trustees for such church, congregation or society, in which certificate the name or title by which the said trustees and their successors shall forever thereafter be called and known, shall be particularly mentioned and described; which said certificate, being proved or acknowledged as above directed, shall be recorded as aforesaid; and such trustees and their successors shall also thereupon, by virtue of this act, be a body corporate, by the name or title expressed in such certificate; and the clerk of every county for recording every certificate of incorporation by virtue of this act, shall be entitled to seventy-five cents, and no more. 19 N. Y., 482; 11 N. Y., 243; 23 B., 327, 436; 9 B., 64; 7 Pai., 281; 3 Pai., 296; 2. S. Ch., 186; 2 D., 492; 11 W., 604; 7 W., 378; 3 J. R., 115, 135; 4 Ab., 182. S 4. And be it further enacted, That the trustees of every thurst church, congregation or society, herein above mentioned, and their successors, shall respectively have and use a common seal, and may renew and alter the same at their pleasure, and are hereby authorized and empowered to take into their possession and custody all the temporalities belonging to such church, congregation or society, whether the same consist of real or personal estate, and whether the same shall have been given, granted or devised, directly to such church, congregation or society, or to any other person for their use; and also, by their corporate name or title, to sue and be sued in all courts of law or equity, and to recover, hold and enjoy all the debts, demands, rights and privileges, and all churches, meeting-houses, parsonages and burying places, with the |