« AnteriorContinuar »
AN ACT to amend chapter one hundred and forty-two of the
laws of eighteen hundred and seventy-nine, entitled “An act to amend chapter one hundred and twenty-five of the laws of eighteen hundred and forty-two, entitled 'An act to condense and amend the several acts relating to the village of Albion.'")
PASSED April 21, 1882; three-fifths being present. The People of the State of New York, representeil in Senate and Assembly, do enact as follows:
SECTION 1. Section one of title one of chapter one hundred and forty-two of the laws of eighteen hundred and seventy-nine, entitled "An act to amend chapter one hundred and twenty-five of the laws of eighteen hundred and forty-two, entitled “An act to condense and amend the several acts relating to the village of Albion,'” is hereby amended so as to read as follows:
ORGANIZATION · BOUNDARIES. $ 1. All that district of country in the towns of Albion and Gaines, Boundarin the county of Orleans, and being lot number thirty-five and parts of lots numbered twenty-six, twenty-seven, twenty-eight, thirty-four and thirty-six in township fifteen and range one, and lot number three and parts of lots numbered two and four in township number fifteen and range two of the Holland Land Company's land, and described as follows, namely: Beginning on the west line of said lot number four, twelve chains and nineteen links north of the south-west corner thereof; thence southerly along the west lines of said lots four, three and two, to a point thirty-six chains and fifty-seven links south of the north line of said lot two; thence easterly, parallel with the north lines of said lots two, thirty-four and twenty-six, to a point on said lot twenty-six at the intersection of a line projected southerly and running northerly and southerly along the west line of a farm owned and occupied by Cbauncy G. Lake; thence northerly to and along the said west line of said Chauncy G. Lake's land, and continuing on the same course northerly to the south line of the New York Central and Hudson River Railroad Company's land on said lot twenty-seven; thence
easterly along the south line of said railroad company's land to the intersection of a line projected southerly and running northerly and southerly along the east line of the stone quarry lot conveyed by John H. Denio to the Albion Medina Stone company, by deed dated April fourteen, eighteen hundred and eighty, and recorded in the Orleans county clerk's office, in book eighty-nine of deeds, on page three hun. dred and fifty-six; thence northerly to and along the said east line of said stone quarry lot, to a point on said lot twenty-eight, twelve chains and nineteen links north of the south line of said lot twenty-eight; and thence westerly to the place of beginning. Also that part of the town of Albion aforesaid, being part of lot number eighteen, township number fifteen and first range of the Holland Company's land, and now owned by the village of Albion, and used by said village for the burial of the dead and known as “ Mount Albion Cemetery,” shall be
a village known as “ The Village of Albion," and the citizens of this state, from time to time, inhabitants therein, shall be a corporation by the name of “The Village of Albion," and as such shall have the rights, powers and privileges conferred by the statutes of this state upon municipal corporations as well as those conferred by this act.
82. This act shall take effect immediately.
Corporation authorized to carry on business same as though organized under laws of this state.
AN ACT to authorize the Williams Manufacturing Company
to do business as a corporation under the laws of the state of New York.
PASSED April 22, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1, The Williams Manufacturing Company, a corporation duly förmed under the laws of the province of Quebec, is hereby authorized to carry on its business the same in all respects as though said corporation was duly organized as a manufacturing corporation under the saws of the state of New York, having its principal place of business at Plattsburgh, and for that purpose may sue and be sued, and, so far as 'its business at the place aforesaid, shall be subject to all the liabilities and have all the rights, powers and privileges of a corporation formed under the laws of the state of New York, as aforesaid.
§ 2. Said company may purchase, own, hold or convey real estate and own personal property the same in all respects as though it was a corporation duly formed under the laws of this state, as aforesaid.
$ 3. In any action or proceeding to which such company is a party it shall not be necessary to aver or prove the incorporation of such company nor may such company in any such action or proceeding deny its incorporation.
8 4. This act shall take effect immediately.
Certain lot owners
AN ACT to incorporate a private cemetery association at Hamilton, Madison county, New York.
Passed April 22, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. It shall be lawful for persons owning lots, or their legal mayeform representatives or either of them, in the grounds known as the Cobb
grounds and in the grounds known as the Onderdonk, Wickwire, Baker and Walker grounds now inclosed, used and mostly sold for burial purposes, situated in the village of Hamilton, New York, to form a private cemetery association by publishing, in a newspaper in said village of Hamilton, a notice that a meeting of the owners or legal representatives of the lots therein will be held at a time and place to be designated in said notice, to be published at least once in each week for six
successive weeks next previous to the holding of such meeting. Said Election of meeting to consist of at least nine of said owners or their legal representatives, and shall then and there elect' not less than six of their number as trustees to manage the affairs of said corporation. 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. The meeting shall also determine on Meeting to what day in each year the future annual elections of trustees shall be fix day for held.
elections. $ 2. The chairman and secretary of the meeting shall, within three Certificate days after such meeting, make a written certificate and sign their to be made names thereto and acknowledge the same before an officer allowed by recorded. law to take the acknowledgment of deeds, which certificate shall state the names of the persons who attended such meeting, the corporate name of the association, determined upon by the persons who met, the number of trustees fixed to manage the concerns of the association, 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 said secretary of such meeting to cause to be recorded in the clerk's office of Madison county.
$ 3. Upon such certificate, duly acknowledged as aforesaid, being when recorded, the association mentioned therein shall be deemed legally associa de incorporated and the affairs and property of such association shall be legally managed by the trustees who shall annually appoint from their number rated! a president, vice-president, secretary, treasurer and collector, who shall officers. hold their places during the pleasure of the board of trustees, and the trustees may require the treasurer and collector to give security for the faithful performance of the duties of their office. The trustees of said association shall have the power:
1. To make such rules and regulations from time to time as they Powers shall deem proper for the care, management and protection of the life cemetery lands and property ; for the use, care and protection of all lots therein, to exclude improper persons therefrom and improper assemblages.
2. To regulate and prevent disinterments, to prevent improper monuments, structures and inscriptions within the cemetery grounds, and to remove the same.
3. To regulate the introduction and growth of plants, trees and shrubs within or adjoining the cemetery grounds, and to remove the same. Such rules and regulations, when adopted, shall be binding upon all lot-owners and their legal representatives, and persons visiting said cemetery grounds, and shall apply to all lots and parts of lots cold, or hereafter to be sold, and shall be plainly printed and posted in several conspicuous places upon the cemetery grounds.
Í 4. The trustees of said association are hereby authorized, and Tax. they shall have the power to levy a tax upon the lot-owners of each and every lot or their legal representatives in said cemetery, whether said lots are occupied or unoccupied by interment, for the purpose of improving the grounds, and for the care and protection of the lots and property within the cemetery, and the fences and hedges inclosing the same ; but said tax shall not exceed the sum of three dollars, upon what is known and considered a single lot, in any one year, nor more than six dollars on a double lot or plat twice the size of a single lot, and so on, levying the tax in proportion to the number of times the size of a single lot is contained in any plat.
§ 5. The tax hereby authorized shall be levied by the trustees of levied and said association within sixty days subsequent to the annual meeting, collected. and shall be collected by the collector appointed by said trustees,
which collector shall have and possess the same powers, and whose duties shall be the same as town collectors and shall be entitled to the same fees allowed by law to town collectors.
8 6. To raise the tax provided for in the preceding section, the trustees shall first cause a roll of all persons within their means of
knowing who are owners of lots therein, or of their legal represenWarrant.
tatives, or either or any of them. They shall then annex to such roll a warrant directed to the collector of said association, commanding him to collect the amount in. money in the same manner as state, county and town taxes are collected, and pay the same to the treasurer of the
association. Reports. $ 7. The president of the board of trustees, at each annual meeting
or election, shall make reports to the meeting of their doings and management during the past year, the amount of money collected and disbursed, for what purpose expended, and to whom, and the condi
tion of the property and concerns of the association at the close of the When
year. If the annual election shall not be held on the day fixed by the election is
certificate of incorporation, the trustees shall have power to appoint on day appointed
another day, not more than sixty days thereafter, and shall give public new day to notice of the time and place at which the election may be held, with be named.
like effect as if holden on the day fixed in the certificate. 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 corporation. General § 8. In addition to the powers given to the trustees of said associa
tion, they shall have and possess the same powers and privileges vested in trustees or officers of rural cemetery associations, as given to them in an act authorizing the incorporation of rural cemetery associations, passed April twenty-seventh, eighteen hundred and forty-seven, and as amended April thirtieth, eighteen hundred and seventy-three, and April twenty-fourth, eighteen hundred and seventy-four.
$9. This act shall take effect immediately.
Towers vested in trustees.
AN ACT to amend the Code of Civil Procedure.
PASSED April 22, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Section nine hundred and seventy-seven of the Code of Civil Procedure is hereby amended so as to read as follows:
$ 977. At any time after the joinder of issue, and at least fourteen
days before the commencement of the term, either party may serve a be served. notice of trial. The party serving the notice must file with the clerk
of sites to be a note of issue, stating the title of action, the names of the attorneys,
Notice of trial when to
the time when the last pleading was served, the nature of the issue, whether of fact or of law; and if an issue of fact, whether it is triable by a jury or by the court without a jury, the note of issue must be filed at least twelve days before the commencement of the term. The clerk
must thereupon enter the cause upon the calendar, according to the Calendar. date of the issue. The clerk must prepare the calendar and have the
necessary copies ready for distribution at least five days before the commencement of the term. In the city and county of New York and in the county of Kings, where a party has served a notice of trial, and filed a note of issue for a term, at which the cause is not tried, it is not necessary for him to serve a new notice of trial, or file a new note of issue for a succeeding term ; and the action must remain on the calendar until it is disposed of.
8 2. This act shall take effect immediately.
AV ACT to reappropriate certain moneys in the treasury for
the improvement of the Champlain canal and of the Glen's
PASSED April 22, 1882 ; three-fifths being present.
$199,877.80 eight hundred and seventy-seven dollars and eighty cents being the reappro
. unexpended balance of the sum of five hundred thousand dollars appropriated by act chapter three hundred and pinety-nine of the laws of eighteen hundred and seventy-four, for the improvement of the Champlain canal, the unexpended balance of which was reappropriated by acts chapter one hundred and eighty-five of the laws of eighteen hundred and seventy-six, chapter two hundred and two of the laws of eighteen hundred and seventy-eight, and chapter two hundred and fiftyeight of the laws of eighteen hundred and eighty, or so much thereof as shall remain unexpended on the passage of this act is hereby reappropriated, to be expended under the direction of the canal board, upon the recommendation of the superintendent of public works in For what bottoming out the prism of said canal and of the Glen's Falls feeder, purpose. and raising and strengthening the banks thereof so as to produce a uniform depth of six feet of water therein throughout its entire length, and for no other purpose whatever; provided, however, that the canal board shall have power, from time to time, to set aside a portion of the sum herein reappropriated, for widening the prism and strengthening the banks at particular points, where, in the opinion of the superintendent of public works and the state engineer, it shall be deemed necessary to secure the proper passage of loaded boats at such places or points, and such work may be done by the superintendent of public works in connection with the ordinary repairs and through the same agencies; and the canal board may also set aside a portion of the sum herein reappropriated for the rebuilding of locks, and bridge abutments and their superstructures necessary to be rebuilt, in order to secure the benefits of the increased depth of water and width of prism, for which provision is made in this act. The Maps, maps, plans, estimates and specifications required by sections eight plans, etc. and nine of chapter three hundred and seventy-seven of the laws of eighteen hundred and fifty, to be made preparatory to the letting of caral contracts for the work contemplated by this act, may be based upon the surveys for the enlargement of the Champlain canal, which were made in the year eighteen hundred and seventy-four. The said