Corpora. tion may receive by gift or de vise.

vote of two-thirds of all the trustees shall be necessary to create a vacancy in the office of trustee. In case of the removal by the board of a trustee from his office, they shall set out in their minutes the cause of such removal.

S3. Said corporation may take by gift, devise, or bequest, real and personal estate, and hold the same for the benevolent purposes for which it was created, viz.: the relief, support and education of orphan and destitute children; but the real estate which said corporation may hold, exclusive of its orphan house or asylum, and grounds attached thereto, shall not at any time exceed the net yearly value or income of ten thousand dollars.

S4. The seventh section of the act entitled "An act to incorporate the Troy Orphan Asylum," passed April tenth, eighteen hundred and thirty-five, is hereby repealed; and all other provisions of said act, inconsistent with the provisions of this act, are repealed.

Chap. 48.

AN ACT in relation to the theatres in the city of
New York.

Passed March 18, 1859.

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

SECTION 1. It shall not be lawful for any owner, lessee, manager, agent, or officer of any theatre in the city of New York, to admit to any theatrical exhibition, held in the evening, any minor under the age of fourteen years, unless such minor is accompanied by and is in the care of some adult person.

$2. Any person violating the above provision shall be guilty of a misdemeanor, and shall be liable to a fine, not less than twenty-five dollars nor more than one hundred dollars, or imprisonment for a term not less than ten nor more than ninety days, for each offense.

$3. All moneys recovered under the provisions of this act for fines, shall be paid over to the treasurer of the society for the reformation of juvenile delinquents in the city of New York, for the benefit of such society.

Chap. 49.

AN ACT to amend the charter of the village of
Herkimer.

Passed March 18, 1859; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:

SECTION 1. Section four of title three of chapter one hundred and twenty-five of the laws of eighteen hundred and fifty-four, is hereby amended so that the annual election for officers of the said village shall hereafter be held on the first Monday of April in each year, instead of the last Monday, as therein provided.

2. Section one of title six of said chapter one hundred and twenty-five, is hereby amended so as to read as follows:

trict.

The said village shall constitute a separate road district, Road dis and the jurisdiction of the commissioners and overseers of highways of the town of Herkimer within the said village, is hereby entirely abrogated, except their jurisdiction over the bridges within the said village; and the board of trustees shall be commissioners of highways within and for said district, and shall have and possess the same powers and be charged with the same duties over the roads and streets in said village, except as hereinafter otherwise provided, as commissioners of highways in towns; but nothing in this act contained shall exonerate the town of Herkimer from any liability to construct, repair or maintain any bridge over the Mohawk river or the West Canada creek, or any other bridge within the said village. But all the bridges within the said village shall be constructed, repaired and maintained

Section 2 amended.

by the town of Herkimer, under the direction of the commissioners and overseers of highways of said town, just as if this separate road district had never been formed.

$ 3. Section two of the same title and chapter is hereby amended by striking out from the seventeenth line of said section the words, "and bridges," and by inserting in the sixteenth line the word "and" after the word "streets."

$4. This act shall take effect immediately.

Body corpo

rate.

Chap. 50.

AN ACT to incorporate the Brooklyn Academy of
Music.

Passed March 18, 1859.

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

SECTION 1. Simeon B. Chittenden, Henry E. Pierrepont, Edward Whitehouse, John Greenwood, Luther B. Wyman, Robert R. Raymond, A. Cooke Hull, Henry R. Worthington, Edwin D. Plimpton, Willard M. Newell, Abiel A. Low, Arthur W. Benson, Alexander M. White, William M. Richards, George F. Thomas, Horace B. Claflin, J. Carson Brevoort, John W. Degraw, Edward Lambert, Alexander McCue, Edward J. Lowber, John Kellum, Paul W. Weizel, Charles H. Sand, A. B. Baylis, their associates, and all other persons who may become stockholders in the corporation hereby created, shall be and their successors are hereby constituted and declared to be a corporation and body politic by the name of the Brooklyn Academy of Music, for the purpose of encouraging and cultivating a taste for music, literature and the arts. Capital $ 2. The said corporation shall have power, by their corporation. Corporate name, to purchase, hold and convey real estate in the city of Brooklyn, not exceeding fifteen lots, and to erect thereon a building or buildings suitable for the purposes before mentioned.

stock of

stock of cor

S3. The capital stock of such corporation shall consist Capital of one hundred and fifty thousand dollars, with liberty to poration. increase the same when a majority of the directors shall so determine, to any sum not exceeding two hundred thousand dollars. The said stock shall be divided into shares of fifty dollars each, and shall be transferable in such manner as the by-laws of such corporation may direct, and each stockholder shall be entitled to vote at all elections for directors or other officers and to cast one vote for every share of stock so held by him, which vote may be given in person or by proxy. Every original subscriber of five hundred dollars and upwards, shall be entitled, under such regulations as may be established by the directors, to a free admission for every ten shares of stock so subscribed.

when to go

into opera

tion.

S4. The corporation shall not go into operation until Corporation one hundred thousand dollars of the capital stock shall have been subscribed, and until a certificate, under oath, signed by at least three of the directors hereinafter named, that such subscription has been made in good faith, shall have been filed in the office of the clerk of the county of Kings.

5. The affairs of said corporation shall be managed Directors. by a board of twenty-five directors, who shall be stockholders, and the persons named in section one of this act shall constitute the first board of directors, and shall hold their offices until the first election of directors, to be hereafter held pursuant to the by-laws of said corporation, and until others are elected in their stead; and the said corporation shall have power, by its by-laws, to appoint the time and place for holding elections for directors, and to fix the term for which such directors shall hold their offices, and to prescribe the manner of filling vacancies in their body.

tion, when

S6. The directors may require payment of subscrip- Subscrip tions to said capital stock at such times and in such pro- to be paid. portions, under the penalty of forfeiting all stock and previous payment thereon, as they may deem proper; provided, however, that four weeks' previous notice of such required payment shall be published at least once a week for four weeks successively, in two daily newspapers in the city of Brooklyn. The persons who have heretofore become subscribers to the said stock shall be

Indebted

ness.

Office, &c.

General powers of.

liable to pay the amount of their subscriptions in the same manner as those who may subscribe after the passage of this act, and no part of the capital of said corporation shall at any time, or under any pretense, be refunded to the stockholders until all the debts and liabilities of said corporation are fully paid.

$7. The whole amount of indebtedness which said corporation shall at any time make, shall not in any case exceed the amount of capital stock actually subscribed, and in no case shall such indebtedness exceed thirty-three per cent of the full amount of such stock actually paid in. S8. The office of said corporation, its books, records and papers, shall be kept in the city of Brooklyn, and annually, in the month of January, the directors shall submit to the stockholders a written statement, accompanied by an affidavit of the president and secretary, of the capital stock paid in and the amount of outstanding liabilities; and no dividend shall be declared or paid to the stockholders except from the surplus income derived from the property of said corporation.

9. The said corporation shall possess the general powers and be subject to the general restrictions and liabilities prescribed in the third title of the eighteenth chapter of the first part of the Revised Statutes. $10. This act shall take effect immediately.

Limits.

Chap. 51.

AN ACT to consolidate and amend the several acts relating to the village of Sherburne, and to enlarge the powers of the corporation of said village.

Passed March 18, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All that part of the town of Sherburne, in the county of Chenango, comprised within the following