Chap. 136. AN ACT to repeal an act entitled "An act to incorporate the Sodus Bay Bridge Company," passed April ninth, eighteen hundred and nine teen. Passed April 5, 1859. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The act entitled "An act to incorporate the Sodus Bay Bridge Company," passed April nine, eighteen hundred and nineteen, and all subsequent acts relating thereto or amending the same, are hereby repealed. S2. This act shall take effect immediately. Chap. 137. AN ACT to incorporate the Kane Monument Association in the city of New York. Passed April 5, 1859. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Robert L. D. Coin, Francis L. Hawks, Names of Thomas S. Somers, Sidney Kopman, John H. White, corporators Marshall Lefferts, John W. Francis, Thomas Hicks, Samuel C. Thompson and George P. Androus and their successors, are hereby created a body corporate by the name of "The Kane Monument Association," for the purpose of erecting, in the city of New York, a monument in memory of Dr. Elisha Kent Kane, the Arctic explorer and navigator, with the right to receive, hold and enjoy, by grant, gift or devise, real and personal property for that purpose, and no other, with all incidental powers, Board to be organized. Vacancies, how filled. Monument to be built years. privileges and liabilities, according to the laws now or hereafter affecting corporations in general; but nothing in this act shall authorize this association to collect or receive contributions in money, beyond the sum of twenty-five thousand dollars. SECTION 2. The persons above named shall organize as a body or board to consist of a president, one or more vice-presidents, a recording secretary, a corresponding secretary, a treasurer and five directors, in whom all property and powers of the corporation shall be vested. SECTION 3. All vacancies shall be filled by the board. Three-fifths of all of the members of a full board shall constitute a quorum, the vote of a majority of whom, and the approval of the presiding officer, or of two-thirds without his approval, shall be necessary to give validity to its acts. But should any member or members fail to attend the regular meetings of the board for a period of three months, a majority of the attending members may declare the place or places of such non-attending member or members vacant, and may proceed to fill the same. They shall have a stated place of meeting in the city of New York, and shall meet at least once on each second Tuesday in the months of January, May and September, of each year, until or unless all business before the board shall be closed. They shall receive no compensation or reward for their services, except that the secretaries and treasurer may receive such reasonable compensation as the board shall allow; but the sum disbursed for salaries and all other incidental expenses, shall not at any time exceed ten per centum of the amount or value of contributions or acquisitions actually realized by the association. SECTION 4. The monument shall be built within four within four years from the passage of this act. All moneys belonging to the association shall be deposited in one or more of the trust companies, savings or other banks of the city of New York, approved by the board, to be withdrawn by such warrant or form as the board shall direct. The treasurer shall give satisfactory security for the due performance of his trust. In case of failure to erect a monument, all contributions, except such portion not exceeding ten per centum thereof, as shall have been expended as aforesaid, shall within one year after the close of all business before the board, and on or before the expiration of five years from the passage of this act, be returned to the contributors upon their request. All contributions not called for in such event, or any surplus remaining over after the completion of such monument, if any, shall be duly transferred to such public library as the board shall direct, to be by the officers thereof duly expended in the purchase of books of the Arctic or other explorations, or of military and naval art and science. shall be SECTION 5. The board shall cause to be kept a journal Record or record of all their proceedings, and such books of kept. account as shall be necessary to show the pecuniary transactions of the board; which journal or record and books of accounts shall be open to all contributors. Within six months after their organization, the board shall cause to be published in pamphlet form, not less than one hundred copies of this act, three to be kept by the board, and one to be distributed to each member thereof, and the residue to the public libraries of the city of New York, and to contributors. They shall also, within one year after their organization, and at the end of every six months thereafter, until the close of their labors, cause to be published in two of the daily newspapers of the city of New York, a list of the board and a brief account of their receipts and expenditures, the manner of such expendi tures, and what progress has been made. They shall also, at the end of each year, until the close of their labors, cause to be published in pamphlet form, a full and accurate printed report of their receipts, expenditures and proceedings, of not less than one hundred copies, one of which shall be filed in the office of the clerk of the city and county of New York, one transmitted to the mayor, and one to the district attorney of the city and county of New York, and the residue to be distributed as hereinbefore provided, in respect of the pamphlet copies of this act. tions sub tation of SECTION 6. The corporation shall be subject to the Corpora visitation of any of the courts of justice, which now are ject to visi or hereafter may thereunto be empowered, for the purpose courts of preventing and redressing any mismanagement, waste or breach of trust. Any officer or agent who shall appropriate to his own use any of the funds or property of the association, or who shall be guilty of gross and criminal Persons defacing negligence in respect thereof, shall, in addition to his individual liability therefor, be deemed guilty of a felony, and upon conviction thereof, may be punished therefor, by a fine or imprisonment, or both; the fine to be in double of the amount so converted, and to be paid to the association, and the imprisonment not to exceed three years in the state prison. SECTION 7. Any person who shall willfully or malimonument. ciously deface or otherwise injure any monument or memorial erected by this association, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and may be punished therefor, by fine or incarceration in the county jail, or both; such incarceration not to exceed one year. Exemption from taxation. Term of existence. Time for completion extended. SECTION 8. All property, real and personal, of the association, shall be exempt from taxation. SECTION 9. This corporation shall expire in five years from the passage of this act. SECTION 10. This act shall take effect immediately. Chap. 138. AN ACT to extend the time for the completion of the road of the Hicksville and Cold Spring Branch Railroad Company. Passed April 5, 1859, The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The time for the completion of the road of the Hicksville and Cold Spring Branch Railroad Company, is hereby extended and continued, with liberty to continue or extend it from the point to which it is already built, by the proceedings in the manner contemplated by the general railroad act, when and as fast as the company may deem itself able to do so, by means of additional subscriptions or otherwise; and no prejudice to the corporate existence of the company, or to its present road, shall arise from the non-completion of the road within the time heretofore contemplated by law. Chap. 139. AN ACT to require the boards of supervisors of Erie and Chautauque counties to raise moneys to pay for the construction of a bridge across the Cattaraugus creek at Upper Irving, on the line between said counties. Passed April 5, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The board of supervisors of the county of Erie, are hereby required, at their next annual meeting, to cause to be levied and collected upon the taxable property of said county, or of such towns and wards thereof, and in such proportion as they shall deem just and equitable, for the purpose of paying for the construction of a bridge across the Cattaraugus creek, at Upper Irving, the sum of sixteen hundred and five dollars. upon S2. The board of supervisors of the county of Chautauque, are hereby required, at their next annual meeting, to cause to be levied and collected the taxable property of the town of Hanover, or upon the town of Hanover and such other towns in said county, and in such proportion as they shall deem just and equitable, for the purpose of paying for the construction of a bridge across Cattaraugus creek, at Upper Irving, the sum of sixteen hundred and five dollars. Tax to be levied in Tax to be levied in que county. paid over to sioners. S3 The treasurer of the county of Erie shall pay Money to be over, on the order of the commissioners of highways of commis the town of Brant, when levied and collected, the sum mentioned in the first section of this act. And the treasurer of the county of Chautauque shall pay on the order of the commissioners of highways of the town of Hanover, when levied and collected, the sum mentioned in the second section of this act. 54. This act shall take effect immediately. |