Action of trustees Chap. 45. AN ACT to legalize bonds of the village of Painted Post to be issued for the purpose contemplated by chapter four hundred and eighty-three of the laws of nineteen hundred and four and to legalize all proceedings in relation thereto, including the appointment and proceedings of the board of river commissioners thereunder and the special election of the inhabitants of said village held thereunder on the twenty-fifth day of June, nineteen hundred and four. Became a law, March 9, 1905, 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 action of the president and trustees of the vilconfirmed. lage of Painted Post in the county of Steuben in appointing Daniel F. Lane, Herbert L. Hollister, John S. Moran, James D. Orcutt and Decatur M. Sayles to be commissioners under and pursuant to chapter four hundred and eighty-three of the laws of nineteen hundred and four, without specifying their respective terms of office, is hereby legalized, ratified and confirmed. The said persons so appointed are hereby declared to constitute and conarmed. have been from the time of their appointment the board of river Appointment and acts of river commissioners Special election legalized. commissioners of the village of Painted Post with all the rights, powers and duties conferred by the statute aforesaid on said board, and their acts in determining and fixing their respective terms of office; and all other acts and proceedings of the persons so appointed while acting or assuming to act as the board of river commissioners of the village of Painted Post under the aforesaid statute; and all their acts and proceedings had, done and taken by them for the purpose of issuing and selling bonds of the village of Painted Post to the amount of twelve thousand five hundred dollars as contemplated by said statute and each and every of said acts, deeds and proceedings are and each and every of them is hereby legalized, ratified, confirmed and declared to be valid. The special meeting of the qualified electors of said village held therein on the twenty-fifth day of June, nineteen hundred and four, and the proposition adopted at said meeting in favor of incurring the liability contemplated by chapter four bonds authorized hundred and eighty-three of the laws of nineteen hundred and four, as well as all proceedings had in relation thereto prior to and including said special meeting, and notwithstanding the omission of any of the requirements of the said chapter in the manner of holding said election and canvassing and declaring the result thereof, or otherwise, are and each of them is hereby legalized, ratified and confirmed. The board of river commis- Issue of sioners of the village of Painted Post constituted as aforesaid are hereby authorized to execute, issue and deliver the bonds of the village of Painted Post to the amount not exceeding twelve thousand five hundred dollars, pursuant to the resolutions and proceedings of said board already had, and the said bonds when so issued, executed and delivered are hereby declared to be legal and valid obligations of the said village of Painted Post, and the said bonds and all proceedings heretofore had relating to the issue and sale thereof are and each of them is hereby ratified and declared valid. bonds. § 2. The board of trustees of the village of Painted Post shall Payment of provide for the payment of the principal and interest of said bonds so issued as and in manner prescribed in section thirteen of chapter four hundred and eighty-three of the laws of nineteen hundred and four. §3. This act shall not effect any action or proceeding now pending. § 4. This act shall take effect immediately. Chap. 46. AN ACT to amend the religious corporations law, relative to filling vacancies in offices of church wardens and vestrymen. Became a law, March 9, 1905, 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. Section thirty-two of chapter seven hundred and twenty-three of the laws of eighteen hundred and ninety-five, entitled "An act in relation to religious corporations, constituting So in original. chapter forty-two of the general laws," as amended by chapter three hundred and fifty-eight of the laws of eighteen hundred and ninety-eight, is hereby amended to read as follows: § 32. Corporate trustees, vestry; powers and duties thereof.-No meeting of the vestry or trustees of any incorporated Protestant 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 personally or by mail, or, if there be no rector or he be incapable of acting, by one of the church wardens; 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 church wardens and a majority of the vestrymen; or 2. The rector, both church wardens 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 there from or he be incapable of acting, one church warden 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. 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 churchwardens 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 a churchwarden or vestryman by death, resignation or otherwise than by expiration of term, until the next annual election at which, if such vacancy would continue thereafter, it shall be filled for the remainder of the unexpired term. If vacancies exist in the offices of churchwardens or vestrymen in such number that a quorum of the vestry or board of trustees is not in office at any time, the rector shall forthwith call a special election for the filling of such vacancies. If there be no rector the churchwarden longest in office shall call such special election. Notice of such special election shall be read by the rector, or if there be none, or he be absent, by the officiating minister or by one of the churchwardens, on the Sunday next preceding such election, in the time of divine service. If for any reason the usual place of worship of the parish be not open for divine service on such Sunday, such notice shall be posted conspicuously on the outer door of the place of worship for one week next preceding the election. Such notice shall conform to that required for an annual election. The provisions of section thirty-three of this chapter, relating to annual elections shall apply to such special election, except as inconsistent herewith. Such vacancies shall be filled at such election for the remainder of the unexpired terms. 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. § 2. This act shall take effect immediately. Chap. 47. AN ACT to amend chapter six hundred and seventy-one of the laws of eighteen hundred and ninety-two, entitled "An act to revise, consolidate and amend the several acts relating to the government of the city of Cohoes," in relation to salary of clerk of said city. Accepted by the city. Became a law, March 9, 1905, 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. Section thirty-seven, of title five of chapter six hundred and seventy-one of the laws of eighteen hundred and ninetytwo, entitled "An act to revise, consolidate and amend the several acts relating to the government of the city of Cohoes," is hereby amended so as to read as follows: Certified copies of records, § 37. Copies, printed or written, of all papers filed in his office etc., shall and transcripts thereof, and of the records and proceedings of the be evi dence. Duties of clerk. common council, and copies of the ordinances of the city, certified by him under the corporate seal of the city, shall be evidence in all courts and places with like effect as the original would be if produced. The clerk shall serve upon all persons appointed to office under the provisions of this act, written notice of their appointment, as provided in section eleven of title three of this act, in the case of persons elected to office. In addition to the duties required of him by this act, he shall perform such other duties as may be reasonably required of him by the common council, or by the several boards of the city. In case of sickness or absence or disability of the clerk to act, the common council are authorized to appoint a clerk pro tempore, who on taking the required oath, shall possess the powers and perform the duties of clerk during the continuance of such absence or disability. The amount to be paid for the service of such pro tempore clerk shall be determined by the common council, and may be deducted from the salary of the city clerk. The city clerk shall hold office for one year, and for all services which he may be required to perform under this act, he shall receive a salary of twelve hundred dollars. But this section shall not apply until the expiration of the term of the present incumbent, so far as relates to the increase of salary. § 2. This act shall take effect immediately. Chap. 48. AN ACT to amend chapter one hundred and eighty-eight of the laws of eighteen hundred and sixty-two, entitled "An act to incorporate the New York state convention of Universalists," relative to the transfers of real estate. Became a law, March 9, 1905, 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. Section eight of chapter one hundred and eightyeight of the laws of eighteen hundred and sixty-two, entitled |