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CHAP. 23.

AN ACT to legalize certain bonds of the village of Cooperstown.
BECAME a law without the approval of the Governor, in accordance with the pro-
visions of article four, section nine of the Constitution, 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:

village

SECTION 1. The bonds denominated "Firemen's Building Bonds" Certain issued on the twentieth day of October, one thousand eight hundred bonds and eighty-seven by the trustees of the village of Cooperstown, by legalized. virtue of chapter one hundred and eighty-two of the laws of eighteen hundred and seventy-five, entitled "An act to authorize the village of Cooperstown to erect a building for the use of the fire department, trustees and other officers of said village, to purchase real estate on which to erect said building, and to borrow money for the purpose of purchasing said real estate and erecting such building," passed April twenty-ninth one thousand eight hundred and seventy-five, and of chapter two hundred and sixty-seven of the laws of eighteen hundred and eighty-one, and chapter one hundred and eighty-eight of the laws of eighteen hundred and eighty-seven, amendatory thereof, in the name and under the seal of said corporation and signed by the trustees and treasurer thereof, for the sum of nineteen thousand dollars, in the sums of five hundred dollars each, with interest at four per centum per annum, payable semi-annually, and numbered from one to thirty-eight inclusive, are hereby legalized and made valid, so far as the legality or validity of the same is affected by reason of the rate of interest on said bonds having been fixed therein at four per centum per annum, payable semi-annually, instead of at five per centum payable annually; or by reason of the said bonds having been signed by the trustees of said village and the treasurer thereof instead of by the president and treasurer of said village as in and by said statute provided. §2. This act shall take effect immediately.

CHAP. 24.

AN ACT further to amend 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.

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 hun

Forest

how constituted.

dred and twenty of the laws of eighteen hundred and eighty-eight, is hereby further amended so as to read as follows:

§ 7. All the lands now owned, or which may hereafter be acquired, Preserve, 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, lands as have been, or may hereafter be, acquired by the State of New York, excepted upon or by foreclosure of, or sale pursuant to any mortgage upon lands therefrom. made to the commissioners for loaning certain moneys of the United

Certain

therein

Meeting to

application

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.

AN ACT to authorize the dissolution of certain 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:

SECTION 1. The trustees of any academy incorporated under the consider laws of this State and having a capital stock, may, and upon the writfor dissolu- ten application of any person or persons owning or lawfully holding tion, when 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.

to be called.

Notice thereof,

lished.

§ 2. The notice for such general meeting must state the object thereof and be subscribed by the chairman or other acting presiding how pub- 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 re

surrender

lution.

Action, how at

i

§3. Whenever, at a meeting of stockholders called as hereinbefore quisite for provided, any person or persons holding or qualified to vote upon a of charter majority of the capital stock of such incorporated academy shall vote and disso- 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 the 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.

tested and filed with Regents.

Effect

thereof.

academies

to present

§ 4. Upon the dissolution of such incorporated academy, as herein Powers of provided, the trustees thereof shall forthwith become and be trustees trustees of of the creditors and stockholders of the corporation dissolved. They upon dissoshall have full power to settle the affairs of the said corporation; to lution. 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. § 5. The said trustees may, after the dissolution of the said corpo- Notice to ration, insert in a newspaper published in the place where the said creditors academy is located, or if there be none such then in a newspaper pub- claims, lished within the county, if there be one, or, if not, in an adjoining how pubcounty, a notice once in each week for three successive months, requiring all persons having claims against the said corporation dissolved to present the same, with proof thereof to the said trustees, at the place designated in such notice, on or before a day therein named which shall be not less than three months from the first publication thereof. In case any action shall be brought upon any such claim Proviso. which shall not have been presented to the said trustees within three months from the first publication of such notice, the said trustees shall not be chargeable for any assets, moneys, or proceeds of the said corporation dissolved, which they may have paid in satisfaction of other claims against the said corporation, or in making distribution to the stockholders thereof, before the commencement of such action.

lished.

scrip, upon

tion to

§ 6. Upon the distribution by the said trustees of assets or property, Surrender or the proceeds thereof, of the dissolved corporation among its stock- of stock holders the said trustees may require the certificates of ownership of distribucapital stock, if such have been issued, standing in the name of any shareholdstockholder claiming a distributive share, or under whom such share ers. is claimed, to be surrendered for cancellation by such stockholder or person claiming the said share; in the event of the non-production of any such certificate, the said trustees may require satisfactory proof Proof as to of the loss thereof, or of any other cause for such non-production, together with such security as they may prescribe, before payment of the distributive share to which the person or persons claiming upon such share of stock may appear to be entitled.

loss of

scrip.

unknown sharehold

§ 7. In case the said trustees upon such distribution by them of Notice of assets or property, or the proceeds thereof, of the dissolved corpora- distribu tion among its stockholders, shall be unable to find any of the said absent and stockholders or the persons lawfully owning or entitled to any portion good of the said capital stock, they shall give notice in the manner herein- ers. above provided for calling the general meeting of stockholders, of such distribution, to the persons in whose name such stock shall stand upon the books of the said corporation, requiring them to appear at a time and place designated, to receive the portion of such assets or property to which they may be entitled; in case of the failure of any such persons to so appear, it shall be lawful for the said trustees to Deposits pay over and deliver to the county treasurer of the county wherein with such academy was located, or to any trust company or other corpora- treasurertion located within such county and authorized to receive moneys on deposit under order or judgment of a court of record, the proportion of the assets, property or proceeds aforesaid which such non-appearing stock bears to the whole stock; the said trustees shall also deliver therewith a list of the persons entitled to receive the same, together with the separate amounts to which they shall be severally entitled.

county

in certain cases.

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Liability of trustees, when to cease.

Duties and

of county

certain deposits.

§ 8. Upon the payment and discharge of the debts and obligations of the corporation dissolved, as herein before provided, and the distribution of its assets, property and proceeds among the stockholders thereof, and due provision made, as hereinabove prescribed, for the interests of non-appearing stockholders and such as cannot be found, the said trustees shall become and be relieved and discharged from further duty, liability and responsibility by reason of their relation to the said corporation, or towards the stockholders thereof.

§ 9. Any county treasurer, trust company or other corporation to llabilities whom assets, property or proceeds shall be delivered as herein protreasurers, vided, shall hold the same in trust for the persons designated and enetc., as to titled to receive it; and upon receiving satisfactory proof of the right and title thereto, or upon the order of any court of record competent to adjudicate thereupon, shall pay over and deliver to any person or persons entitled to receive the same the portion of such proceeds, property or assets to which he or they shall be entitled. g10. This act shall take effect immediately.

Village charter

amended.

Village officers.

Appoint

Elective officers,

CHAP. 26.

AN ACT to amend chapter two hundred and thirteen of the laws of one thousand eight hundred and sixty-six, entitled "An act to incorporate the village of Oswego Falls," and the several acts amendatory thereof.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, February 26, 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 four of chapter two hundred and thirteen of the laws of eighteen hundred and sixty-six, entitled "An act to incorporate the village of Oswego Falls," is hereby amended so as to read as follows:

§ 4. The officers of said village shall consist of a president, six trustees, a police justice, one assessor, one treasurer, one collector, one clerk, one street commissioner, one, or more, policemen, one jailor, and such subordinate officers as are authorized by this act, or by the general laws.

§ 2. Section five of said act is hereby amended so as to read as follows: § 5. The clerk, street commissioner, jailor, policemen, and such ive officers subordinate officers as are authorized by this act, or by the general laws, shall be appointed by the board of trustees, and hold their offices during its pleasure. All other officers herein before enumerated shall be elected at elections to be held as hereinafter provided. The and their president, collector, treasurer and assessor shall hold their offices for one year. The police justice shall hold his office for four years. The trustees shall hold their offices for three years, two to be elected in each year except that at the annual election first held after the passage of this act, six trustees shall be elected, two of whom shall serve for one year, two for two years, and two for three years; and the ballots shall designate which of the trustees shall serve for such respective terms. The said officers elected or appointed under this act shall so

terms.

Trustees, election

and terms of.

hold for the respective terms aforesaid, unless sooner removed or disqualified and until their successors shall be elected or appointed and qualified.

time for

§ 3. Section six of said act is hereby amended so as to read as follows: § 6. The annual meeting for the election of officers and the trans- Annual action of other business shall be held in said village on the third Tues- election, day of March in each year. A notice of the annual meeting and holding. election designating the time and place and the hour of the meeting Notice, and the time of opening and closing the polls of the election, duly how pubsigned by the president and a majority of the trustees shall be pub- posted. lished in all the newspapers printed and published in said village at least two weeks before the election, or notice shall be printed and posted in ten public places in said village for at least two weeks next preceding the time of said meeting and election.

§ 4. Section eight of said act is hereby amended so as to read as follows:

lished and

holding

§ 8. The annual meeting shall be called at some definite hour be- Hours for tween eight and ten o'clock in the forenoon, the time to be specified annual in the notice. And before the poll is opened for the election of offi- meeting. cers the reports hereinafter required to be made shall be presented and Proceedread to the meeting and such action had thereon as the meeting shall ing before determine. The president of the village, or in his absence a president opening for the time being to be chosen by the trustees, shall preside. The polls. election of officers shall be by ballot, with all the names voted for on

and after

election

one ballot, designating the office of each. A poll list shall be kept by Election,

how long

the clerk of the village, and at the option of the trustees by some how conother person also, to be appointed by them. The president and trus- ducted. tees shall constitute the inspectors of such election. If either of said officers be absent, the trustees present may at their option appoint additional inspectors in place of absentees. The vote on any proposition Voting shall be taken by ballot, if before such voting commences, at least one- thereat. third of all persons present qualified to vote on such proposition shall require it. The poll of such election shall open at ten o'clock in the Polls of, forenoon and continue open until four o'clock in the afternoon. The election, qualifications of voters on any question of raising money by tax shall open. be determined by the inspectors, who may have recourse to the then Qualificalast assessment roll of the village or of the town of Granby for that ton of purpose, and may also examine on oath, to be administered by one of them, any person offering to vote, in respect to his qualifications. The inspectors shall publicly canvass the votes before adjournment Canvass and shall certify the result upon the records of the village, together and declawith any resolutions adopted by the meeting. All the laws of this Election State applicable to the election of town officers and notifying them of laws applitheir election shall apply to every such meeting and election and to cable. all proceedings thereat so far as the same shall be applicable and are consistent with the provisions of this act.

§ 5. Section ten of said act is hereby amended so as to read as follows:

voters.

ration.

in office,

§ 10. A vacancy in any office may be filled by the trustees by the Vacancies appointment of an eligible person to the office, if the office is elective, howled. to hold until the next annual meeting and until his successor shall be elected and qualified; if it be any other office, to hold during the pleasure of the trustees.

§ 6. Section eleven of said act is hereby amended so as to read as follows:

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