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SUPPLEMENT.

LAWS OF 1889.

[The volume and page of the eighth edition of the Revised Statutes, where each of the following statutes properly belongs, are noted after the chapter number; except that where a statute, or a section of a statute, repeals a statute contained in the eighth edition, the place where the repealed statute may be found is stated in a foot-note.]

Chap. 1-[Vol. 1, p. 428.)-An act to amend chapter one hundred and

thirty of the laws of eighteen hundred and forty-two, entitled “An act respecting elections other than for militia and town officers,” and

the acts amendatory thereof. PPROVED by the Governor January 10, 1889. Passed, three-fifths being present. [As this statute is contained in the text of the eighth edition, it is omitted here.]

Chap. 9.-(Section 1, vol. 3, p. 2349; $ 2, p. 2360)-An act to amend

chapter two hundred and fifty-one of the laws of eighteen hundred and seventy-nine, entitled " An act to authorize the formation of corporations in the county of Suffolk for the purpose of promoting the planting, cultivation, taking up and protection of oysters in said

county." BECAME a law without the approval of the Governor, in accordance with the provisions of

article four, section nine of the Constitution, February 12, 1889. Passed, tbree-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section three of chapter two hundred and fifty-one of laws of eighteen hundred and seventy-nine, entitled “ An act to authorize the formation of corporations in the county of Suffolk for the purpose of promoting the planting, cultivation, taking up and protection of oysters in said county,' is hereby amended so as to read as follows:

Trustees of corporations, powers and duties of; by-laws, how made and amended; employment of watchers; assessments for expenditures, and how recovered. $ 3. The said trustces shall have the superintendence of the several oyster lots, owned, occupied or held by the several lot-owners or holders who are members of said company, and make by-laws regulating the planting, cultivation, taking up and protection of oysters planted upon the said several lots, which said by-laws shall be entered in a book to be provided for that purpose by the clerk or secretary, to be elected by said trustees from one of their number, but said by-laws shall not be amended or changed except at an annual or regular meeting of the lot-owners or holders of said coinpany and by a majority of votes of said lot-owners or holders present and voting. The said trustees may employ such persons as they deem advisable for watching and protecting the oysters upon said several lots, and the protection of the general interest of said company, and make monthly assessments upon the several members of said company for such sums of money as the said trustees deem necessary to meet the expenses of said company, such assessments to be paid pro rata, share and share alike by each individual member of said company. If any member of said company shall neglect to pay the amount of any such assessment within ten days after written notice thereof, by the clerk or secretary of said company, a right of action therefor shall accrue to said company, and said company may sue for and recover the same in its corporate name.

§ 2. Section five of said act is hereby amended so as to read as follows: Actions for trespass, etc., how brought; recovery, how applied. $ 5. Whenever under the laws of this State an action shall accrue for trespass or for a penalty, by reason of any act or thing done or committed by any person or persons to or in or about the oysters upon any part or portion of the premises included within the bounds described by any or all of the leases held and belonging to any member or members of a company organized under this act, it shall be deemed to have been committed against the corporation and an action may be brought therefor in the corporate name of said company and any recovery had in any such action shall be the property of said corporation.

$ 3. This act shall take effect immediately.

Chap. 10–[Vol. 2, p. 1077]-An act to establish the compensation of

the county judge and surrogate of Richmond county. BECAME a law without the approval of the Governor, in accordance with the provisions of

article four, section nine of the Constitution, February 13, 1889. 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 annual salary of the county judge and surrogate of Richmond county from and after the passage of this act, is hereby fixed at the sum of five thousand dollars.

§ 2. This act shall take effect immediately. Chap: 12—[Vol. 2, p. 1582]-An act to amend sections three hundred

and twenty-two and three hundred and twenty-three of chapter four hundred and nine of the laws of one thousand eight hundred and eighty-two, entitled “ An act to revise the statutes of this State relat.

ing to banks, banking and trust companies." APPROVED by the Governor February 16, 1839. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

State Banking Laws amended. SECTION 1. Section three hundred and twenty-two of chapter four hundred and nine of the laws of one thousand eight hundred and eighty-two, entitled " An act to revise the statutes of this State relating to banks, banking and trust companies,” is hereby amended so as to read as follows:

Certain corporations, etc., to make annual return to Comptroller; return, how made and verified; penalty for neglected to make return, how recovered. § 322. Every corporation, company or joint-stock association, and the officers, managers or agents thereof, and all individual bankers, mentioned in section three hundred and twenty-one of this act, liable to pay a State tax, shall make a return to the Comptroller, in writing, on or before the first day of February of each year, in which return shall be set forth the amount of the State tax to and for which they are liable, and of the average of deposits in and of moneys received and used in or on account of such business in this State, respectively, on which such tax is based, which return shall be verified by oath or affirmation, and for any neglect or failure to make such return or pay said tax, a penalty of ten per centum on the amount of the tax is hereby imposed ; and such tax and penalty may be recovered by the people of this State in an action to be brought in any court of competent jurisdiction, by the AttorneyGeneral, at the instance of the Comptroller.

§ 2. Section three hundred and twenty-three of the said act, is hereby amended so as to read as follows:

Financial account, how subject to inspection. § 323. The managers or agents of any corporation, company or joint-stock association mentioned in section three hundred and twenty-one of this act shall keep, at all times, in the office where the business of such corporation, company or joint-stock association is transacted in this State, a full and accurate account of the moneys used or employed in said business, and of the deposits therein; and such account shall be subject to the inspection of the Comptroller, or of any clerk designated by him to inspect the same during business hours of any day on which business may be legally transacted.

§ 3. This act shall take effect immediately.

Chap. 11-(Vol. 2, p. 1077]-An Act to fix and establish the compensa

tion of the county judge and surrogate of the county of Lewis. BECAME a law without the approval of the Governor, in accordance with the provisions of

article four, section nine of the Constitution, February 18, 1889. 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 annual salary of the county judge and surrogate of the county of Lewis, from and after the passage of this act, is hereby fixed and established at the sum of twenty-four hundred dollars.

§ 2. This act shall take effect immediately. Chap. 21-[Vol. 4, p. 2667]-An Act to provide for making certain

abstracts of leases, in the clerk's office of Cattaraugus county, evi.

dence. BECAME a law without the approval of the Governor, in accordance with the provisions of article

four, section nine of the Constitution, February 21, 1889. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Abstracts of leases made evidence; effect, pending actions not affected. SECTION 1. The abstracts of original leases contained in the books prepared by Joseph Scattergood, John Manley and Henry Shanklin, United States commissioners, and certified by them under date of December thirtieth, one thousand eight hundred and seventy-six, now filed in the clerk's office of Cattaraugus county, marked as book “A” and book “B” respectively, and which abstracts relate to leases heretofore made of lands now comprised in the villages of Vandalia, Carrolton, Great Valley, Salamanca, West Salamanca and Red House, a: surveyed under the act of Congress of the United States, approved July nineteenth, one thousand eight hundred and seventy-five, or a copy of any of said abstracts, duly certified by the clerk of said county, may be received in evidence in any action or proceeding, to the extent of such abstracts, with like form and effect in all respects and for the same purpose as said original leases might or could be received, provided, however, that this act shall not apply to or affect any action or proceeding now pending.

§ 2. This act shall take effect immediately.

Chap. 24-(Vol. 1, p. 638)-An Act further to amend chapter two hun

dred and eighty-three of the laws of eighteen hundred and eighty-five, entitled "An act to establish a Forest Commission, and to define its powers and duties and for the preservation of the forests," as amended by chapter five hundred and twenty of the laws of eighteen hundred and eighty-eight.

APPROVED by the Governor February 25, 1889. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section seven of chapter two hundred and eighty-three of the laws of eighteen hundred and eighty-five, entitled “ An act to establish a Forest Commission and to define its powers and duties and for the preservation of the forests," as amended by chapter five hundred and twenty of the laws of eighteen hundred and eighty-eight, is hereby further amended so as to read as follows:

Forest Preserve, how constituted ; certain lands therein excepted therefrom.

7. All the lands now owned, or which may hereafter be acquired, by the State of New York within the counties of Clinton (excepting in the towns of Altona and Dannemora), Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Oneida, St. Lawrence, Saratoga, Warren, Washington, Greene, Ulster and Sullivan, shall constitute and be known as the Forest Preserve, except all such land, not wild lands, as have been, or may hereafter be, acquired by the State of New York, upon or by foreclosure of, or sale pursuant to any mortgage upon lands made to the commissioners for loaning certain moneys of the United States, usually called the United States deposit fund; and all such excepted lands acquired by the State of New York may be sold and conveyed as provided by law.

§ 2. This act shall take effect immediately.

Chap. 25-(Vol. 2, p. 1254)-An act to authorize the dissolution of cer

tain incorporated academies. APPROVED by the Governor February 25, 1889. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows : Meeting to consider application for dissolution, when to be called.

SECTION 1. The trustees of any academy incorporated under the laws of this State and having a capital stock, may, and upon the written application of any person or persons owning or lawfully holding one-third of the said capital stock, must call a general meeting of the stockholders of the said academy, as hereinafter provided for the purpose of determining whether or not such incorporated academy shall surrender its charter and be dissolved and its property distributed among the stockholders thereof.

Notice thereof, how published. § 2. The notice for such general meeting must state the object thereof and be subscribed by the chairman or other -acting presiding officer and the secretary or acting secretary of the said corporation or board of trustees; it shall be published once a week for three successive weeks prior to such meeting in a daily or weekly newspaper published in the place where the said academy is located; or if there be no such paper, then in a daily or weekly paper published within the county, if there be one, or, if not, in an adjoining county to that in which such academy is located.

Vote requisite for surrender of charter and dissolution ; action, how attested and filed with regents ; effect thereof. § 3. Whenever, at a meeting of stockholders called as herein before provided, any person or persons holding or qualified to vote upon a majority of the capital stock of such incorporated academy shall vote to surrender the charter thereof and to dissolve the corporation, the trustees of such academy, or a majority of them, must make and sign a certificate of such action, cause the same to be properly attested by the officers of the corporation, and file the same, together with a copy of the published notice for the meeting at which such action was taken, and due proof of publication thereof, in the office of the Secretary of the Board of Regents of the University of the State of New York; and thereupon, if the said proceedings shall have been regularly conducted as above prescribed, the charter of said corporation shall be deemed to be surrendered and the said corporation dissolved.

Powers of trustees of academies upon dissolution. § 4. Upon the dissolution of such incorporated academy, as herein provided, the trustees thereof shall forthwith become and be trustees of the creditors and stockholders of the corporation dissolved. They shall have full power to settle the affairs of the said corporation; to collect and pay the outstanding debts; to sue for and recover debts and property thereof by the name of the trustees of such corporation ; to sell and dispose of the property thereof, at public or private sale, and to divide among the stockholders the moneys or other property that shall remain after the payment of debts and necessary expenses.

Notice to creditors to present claims, how published ; proviso. § 5. The said trustees may, after the dissolution of the said corporation, insert in a newspaper published in the place where the said academy is located, or if there be none such, then in a newspaper published within the county, if there be one, or if not, in an adjoining county, a notice once in each week for three successive months, requiring all persons having claims against the

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