Board of trustees, CHAP. 42. AN ACT to enable the foreign born children and descendants of APPROVED by the Governor March 2, 1889. Passed, three-fifths being present. SECTION 1. That the foreign born children and descendants of any woman born in the United States, and notwithstanding her marriage with an alien and her residence in a foreign country, shall be entitled to take, hold, have, possess, enjoy, convey and devise real estate situated in this State, in the same manner, and to the same extent, and with the same effect, as if such foreign born children and descendants were citizens of the United States; nor shall the title to any such real estate which has descended or which shall descend, or which has been or shall be devised or conveyed, to such woman or to such foreign born children or descendants, be impaired or affected by reason of her marriage with an alien, or the alienage of such children or their de scendants; provided that the title to such real estate shall be or shall have been derived from or through such woman, or from or through some ancestor of such woman, which ancestor shall be or shall have been a citizen of the United States. § 2. This act shall take effect immediately. CHAP. 43. AN ACT to amend chapter four hundred and fourteen of the laws of one thousand eight hundred and eighty-seven, entitled "An act for the reorganization and incorporation of Syracuse University." BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, March 4, 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 two of chapter four hundred and fourteen of the laws of one thousand eight hundred and eighty-seven, entitled "An act for the reorganization and incorporation of Syracuse University," is hereby amended so as to read as follows: 2. The affairs of said corporation shall be conducted by a board of and their trustees, subject to the provisions of this act; the present trustees shall hold their office during the full term for which they have heretofore been respectively elected or appointed, and until the annual terms. and how trustees, ences. meeting of said board, as herein fixed, next following the expiration of such term, except where such term expires at the time of an annual meeting; the number of trustees shall be fixed from time to time by Limitation the board of trustees, but shall consist of not less than twenty nor of number, more than forty-five, and they shall be elected, except the ex-officio elected. member, and the trustees elected by the annual conferences as hereinafter provided, and the trustees elected by the Alumni association, for a term of six years, by ballot by said board at the annual meeting thereof, which shall be held at the city of Syracuse, New York, at such time during the last week of the collegiate year as said board shall fix by their by-laws; provided, however, that a majority of the whole number of said trustees shall be elected by the following-named Election of annual conferences of of* the Methodist Episcopal church, to-wit: majority of Genesee conference, Central New York conference, Northern New by certain York conference, Troy conference, Wyoming conference, New York conferconference, New York East conference, or such annual conferences of said church, now or hereafter established, the boundaries of which shall lie wholly or in part within the State of New York, as shall be designated by said board of trustees, and the number to be so elected by each of said conferences shall be fixed by the by-laws of said board of trustees. Trustees elected by the annual conferences shall hold Their their office for six years, and until the first annual meeting of the terms of board of trustees after the expiration of said term. Such election shall be certified by the several annual conferences to said board of trustees, and the certificate thereof shall be entered in the records of said board. Not less than three of said trustees, the number to be fixed by the by- Alumni laws of said board of trustees, shall be alumni of said Syracuse Uni-trustees versity of not less than five year's standing, and shall be elected by the terms. Alumni association of Syracuse University, and shall hold office for six years. In case either of said conferences fail to elect trustees as pro- Vacancies vided by the by-laws of said board of trustees, then said board shall of trustees, elect as in case of vacancies, but from among the same persons as may be eligible to election by the annual conferences the qualifications to be prescribed by the board of trustees. In case said Alumni association shall fail to elect trustees of said university as is herein provided, then said board shall elect said trustees as in case of vacancies, but from among the same persons as said association is required to elect. Six trustees of said university shall not be members of the Methodist Episcopal church. § 2. Section fourteen of said act is hereby amended so as to read as follows: office. and their how filled. liabilities §14. The said corporation shall possess the powers conferred by, Powers and and be subject to the provisions of title three chapter eighteen of part of corporafirst of the Revised Statutes, so far as the same are applicable; and shall tion. also be subject to the provisions of chapter three hundred and sixty of the laws of one thousand eight hundred and sixty, entitled "An act relating to wills." §3. This act shall take effect immediately. *So in the original. Vacancies of trus. tees, by removals, etc., how filled. CHAP. 44. AN ACT to further amend chapter two hundred and forty-three, of the laws of eighteen hundred and fifty-three, entitled "An act to incorporate the De Veaux College for Orphan and Destitute Children," as amended by chapter two hundred and ninetyfive of the laws of eighteen hundred and eighty-three. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, March 4, 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 five of chapter two hundred and ninety-five of the laws of eighteen hundred and eighty-three, entitled "An act to amend chapter two hundred and forty-three, of the laws of eighteen hundred and fifty-three, entitled 'An act to incorporate the DeVeaux College for Orphan and Destitute Children,'" is hereby amended so as to read as follows: § 5. The removal of the residence of any trustee out of the bounds of the Diocese of Western New York shall be deemed to vacate his office; and any vacancy caused by such removal, or by death, or resignation, or otherwise, shall be filled upon the nomination of the remaining trustees to, and the confirmation of said nomination, by the bishop and standing committee of said diocese; but whenever any such vacancy shall occur or may exist during any annual session of said council it shall be filled by election by the council of said Eligibility diocese by ballot. No person shall be elected trustee unless he be a to election. communicant of the Protestant Episcopal church, and a resident of the territory comprised within the bounds of the diocese. § 2. This act shall take effect immediately. Offenses against trade marks, a misdemeanor. CHAP. 45. AN ACT to amend section three hundred and sixty-four of the BECAME a law without the approval of the Governor, in accordance with the The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section three hundred and sixty-four of an act to establish a Penal Code, is hereby amended to read as follows: § 364. A person who, knowingly, in a case where provision for the punishment for the offense is not otherwise specially made by statute: 1. Falsely makes or counterfeits a trade-mark; or 2. Affixes to any article of merchandise, a false or counterfeit trademark, knowing the same to be false or counterfeit, or the genuine trade-mark, or an imitation of the trade-mark of another, without the latter's consent; or 3. Sells, or keeps or offers for sale, an article of merchandise to which is affixed a false or counterfeit trade-mark, or the genuine trademark, or an imitation of the trade-mark of another, without the latter's consent; or 4. Has in his possession a counterfeit trade-mark, knowing it to be counterfeit, or a die, plate, brand or other thing for the purpose of falsely making or counterfeiting a trade-mark; or 5. Makes or sells, or offers to sell or dispose of, or has in his possession with intent to sell or dispose of, an article of merchandise with such a trade-mark as to appear to indicate the quantity, quality, character, place of manufacture or production, or persons manufacturing or producing the article, but not indicating it truly; or 6. Who knowingly sells, offers or exposes for sale, any goods which are represented in any manner, by word or deed, to be the manufacture or product of any person, firm or corporation, other than himself, unless such goods are contained in the original packages and under the labels, marks or names placed thereon by the manufacturer who is entitled to use such marks, names, brands or trade-marks; or, 7. Who shall sell or shall expose for sale any goods in bulk, to which no label or trade-mark shall be attached, and shall by representation, name or mark written or printed thereon, represent that such goods are the production or manufacture of a person who is not the manufacturer; Is guilty of a misdemeanor. § 2. This act shall take effect immediately. CHAP. 46. AN ACT to amend section four hundred and thirty-eight of the BECAME a law without the approval of the Governor, in accordance with the The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section four hundred and thirty-eight of the Penal Code is hereby amended so as to read as follows: § 438. A person, who, with intent to defraud either, bels, etc.; 1. Puts upon an article of merchandise, or upon a cask, bottle, Use of stopper, vessel, case, cover, wrapper, package, band, ticket, label, or false laother thing, containing or covering such an article, or with which such an article is intended to be sold, or is sold, any false description or other indication of or respecting the kind, number, quantity, weight or measure of such article, or any part thereof; or the place or country where it was manufactured or produced or the quality or grade of any such article, if the quality or grade thereof is required by law to be marked, branded or otherwise indicated on or with such article; or descrip 2. Sells or offers for sale an article, which to his knowledge is Use of falsely described or indicated upon any such package, or vessel con- fraudulent taining the same, or label thereupon, in any of the particulars speci- tions, etc.; fied; or Fraudu lent misrepresentationsmisde meanors. Charter 3. Sells or exposes for sale any goods in bulk to which no name or trade-mark shall be attached, and orally or otherwise represents that such goods are the manufacture or production of some other than the actual manufacturer or producer, in a case where the punishment for such offense is not specially provided for otherwise by statute; is guilty of a misdemeanor. § 2. This act shall take effect immediately. CHAP. 47. AN ACT further to amend chapter eighty-four of the laws of one thousand eight hundred and sixty-eight, entitled "An act to incorporate the Safe Deposit Company of the city of Rochester," as amended by chapter one hundred and thirty-four of the laws of one thousand eight hundred and eighty-four, and to define the powers of said corporation. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, March 4, 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 two of chapter eighty-four of the laws of one amended. thousand eight hundred and sixty-eight, entitled "An act to incorporate the Safe Deposit Company of the city of Rochester," is hereby amended so as to read as follows: Board of directors. General powers, privileges and restrictions of corporation. § 2. The affairs of said company shall be managed, and its corporate powers exercised by a board of directors of such number, not less than thirteen nor more than twenty-four, as shall from time to time be prescribed by its by-laws. § 2. Section five of said chapter eighty-four of the laws of one thousand eight hundred and sixty-eight, as amended by chapter one hundred and thirty-four of the laws of one thousand eight hundred and eighty-four, is hereby further amended so as to read as follows: § 5. The corporation hereby created shall have the general powers and privileges and be subject to the same restrictions, duties and obligations imposed by the third title of the eighteenth chapter of the first part of the Revised Statutes and by sections two hundred and nineteen to two hundred and thirty-four, inclusive, 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 Additional to banks, banking and trust companies" and in addition thereto shall have power: powers. To contract. To sue and be sued. To act as fiscal agent. To receive 1. To make contracts. 2. To sue and be sued, complain and defend in any court as fully as natural persons. 3. To act as the fiscal or transfer agent of any State municipality, body politic or corporation, and in such capacity to receive and disburse money and transfer, register and countersign certificates of stock, bonds and other evidences of indebtedness. 4. To receive deposits of moneys, securities and other personal property from any person or corporation and to loan money on real or personal securities. |