Inconsistent acts repealed rights pre served. eight and the acts amendatory thereof, and all acts done thereunder, are hereby in all respects legalized, ratified and confirmed. § 16. All acts or parts of acts inconsistent herewith, so far as the county of Oswego is affected thereby, are hereby repealed, except that and vested the rights of purchasers and all other persons who have acquired any rights or interest in the lands sold under or by virtue of the acts above referred to shall in nowise be affected by said repeal; and all certificates issued or conveyances made or to be made on account of sales of lands sold under the aforesaid acts shall have the same force and effect as if the said acts had not been repealed. Amount borrowed to be added to general tax. New promise writing § 17. This act shall take effect immediately. CHAP. 323. AN ACT to authorize the trustees of the village of Little Falls to receive and accept a grant for a market-place and to raise funds by loan and tax to improve the same. PASSED June 8, 1882; 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 the village of Little Falls are hereby authorized to receive and accept a grant of land by deed for a marketplace and public ground, and to borrow money, not to exceed two thousand dollars, to improve the same. § 2. The amount of money borrowed under the last preceding section, with interest thereon, shall be added to the amount to be raised by general tax in the village of Little Falls, in four equal parts, one part with the annual interest on the whole amount unpaid, in each of the four years next after the said loan is made, and the same shall in such year be assessed, levied and collected as are the other general taxes in said village. § 3. This act shall take effect immediately. CHAP. 324. AN ACT relative to debts discharged in bankruptcy. PASSED June 8, 1882. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. That no subsequent or new promise hereafter made by must be in any person duly discharged in bankruptcy to pay any debt so discharged in bankruptcy shall revive such debt against the person so discharged, unless such subsequent or new promise shall be contained in some writing signed by the person to be charged thereby. and signed by debtor. § 2. This act shall take effect immediately. CHAP. 325. AN ACT fixing the salaries of the stenographers of the supreme court in and for the sixth judicial district. PASSED June 8, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Each of the stenographers of the supreme court in the Salary. sixth judicial district whose appointment is provided for in section two hundred and fifty-eight of the Code of Civil Procedure shall receive a salary of two thousand dollars per annum, to be paid as prescribed in section two hundred and fifty-nine of the Code of Civil Procedure. § 2. This act shall take effect immediately. CHAP. 326. AN ACT in relation to drains, ditches and water channels constructed before the year eighteen hundred and seventytwo, for draining swamps, marshes and other low lands. PASSED June 8, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: drains, be lawful. SECTION 1. All drains, ditches and water channels in this state for Certain draining swamps, marshes and other low lands made, completed or deconstructed before the first day of January, eighteen hundred and clared to seventy-two, under any general or special law, and which, since that time, have been under the undisputed supervision or been maintained. or kept in repair by town or other officers having the general charge thereof under said laws, are hereby declared constructed and maintained for the public health and to be in all respects lawful drains, ditches and water channels; and in all proceedings relating to the same where express grants cannot be shown, the easements and rights Easeof way therefor shall be deemed to have been legally and irrevocably ments dedicated and licensed to the public by the several owners of the lauds dedicated upon which the same were and are located; and where any such tablic officers shall have kept any such drains, ditches and channels in repair and the expense thereof shall not have been heretofore assessed and collected, the same shall be assessed and collected in the manner provided by the law under which said drains, ditches and channels were constructed. deemed public. affect §2. This act shall not apply to or affect any suit now pending in Not to which the regularity or legality of any proceedings taken or rights pending acquired for the construction or completion of any drain, ditch or suits. water channel herein mentioned are in issue or may be questioned by any party thereto. certain 83. The counties of Kings, Richmond, Westchester, Rockland, Living- Nor to ston, Otsego, Ulster, Cayuga, Orange, Tompkins, Warren, Herkimer, counties. Delaware and Albany are hereby exempted from the provisions of this act. AN ACT to incorporate the Actors' Fund of America. The People of the State of New York, represented in Senate and SECTION 1. Lester Wallack, Albert M. Palmer, Edwin Booth, Edward Harrigan, Henry E. Abbey, William Birch, William Henderson, Joseph Jefferson, John F. Poole, Marshall H. Mallory, Phineas T. Barnum, Lawrence Barrett, William J. Florence, Joseph K. Emmett, Harry Miner, John H. Haverly, William E. Sinn, J. W. Albaugh, Louis Aldrich, James Barton, Fred. Berger, Charles Backus, Dion Boucicault, James H. Bailey, Milton Barlow, Chas. Barron, David Braham, Wm. Brown, Joseph Brooks, David Bidwell, Louis Behman, Fred. Bock, W. H. Chase, J. W. Collier, Frank Curtis, Wm. Connor, Frank Chanfrau, Bartley Campbell, Samuel Colville, John S. Clarke, W. J. Comley, Wm. Coup, M. B. Curtis, Wm. H. Crane, J. L. Carncross, Chas. Callender, Chas. Duprez, Mrs. John Drew, Wm. Davidge, Fred. Dorrington, Thos. Donaldson, Augustin Daly, John Duff, John Ellsler, Willie Edouin, Adam Forepaugh, R. M. Field, Daniel Frohman, John F. Ford, Robert Fulford, Hamilton Griffin, John Gilbert, E. G. Gilmore, W. J. Gilmore, N. C. Goodwin, Jr., Geo. K. Goodwin, Phil. Goatcher, Wm. Henry, Geo. Henry, William Hayden, Thos. A. Hall, Richard Hyde, James H. Hutchinson, J. M. Hill, R. M. Hooley, John H. Hamlin, Carl Herrman, Anthony Hart, Frank Howson, A. W. Hoffman, A. Hinchcliffe, S. M. Hickey, Chas. Jefferson, A. Kernan, Thos. W. Keene, James E. Lewis, Phil. Lehnen, Mrs. C. E. Leland, Chas. E. Locke, W. H. Low, J. T. McCauley, Richard Marston, Frank Murtha, Wm. Mestayer, James McCollom, John McCullough, Theo. Moss, James Meade, Henry Meech, John McCaull, Joseph Murphy, Jas. D. Murphy, Frank Mayo, Robert J. Miles, J. H. McVicker, Theo. Morris, Frank Mordaunt, Thos. Maguire, Wm. C. Mitchell; Jacob Nunnemacher Adolph Neuendorff, J. W. Norton, James O'Neil, John E. Owens, W. T. Powell, Edwin H. Price, H. T. Paddock, Tony Pastor, Robert Puller, Chas. T. Parsloe, Frank Peterschen, Chas. Pope, Stuart Robson, Isaac B. Rich, McKee Rankin, Geo. F. Rowe, Edwin E. Rice, John T. Raymond, Loraine Rogers, Daniel Shelby, Nath'l Saulsbury, John P. Smith, Wm. E. Sheridan, Chas. Spaulding, Benson Sherwood, John B. Schoeffel, L. E. Spencer, John Stetson, Robert Stoepel, J. H. Stoddart, Sheridan Shook, John A. Stevens, Geo. T. Stoneburner, Chas. A. Stevenson, Chas. R. Thorn, Jr., Henry Tissington, Orlando Tompkins, Joseph Thompson, Eug. Tompkins, Geo. Thatcher, Thomas Theall, II. A. W. Tabor, Fred. Vokes, Wm. Vocgtlin, Harry Williams, Joseph Wheelock, George Wood, C. J. Whitney, Wm. Warren, Fred. B. Warde, Harry Widmer, Chas. W. Witham, Nelson Waldron, G. B. Winnie, Fred. Williams, Wm. Seymour, Gustave Frohman, Chas. Frohman, Wm. J. Davis, J. F. Zimmerman, S. F. Nixon, C. D. Hess, A. H. Sheldon, John Thompson, A. L. Wilbur, Max Strakosch, Geo. A. Fuller, Robert Filkins, Jos. H. Tooker, Geo. S. Knight, and such other persons, as from time to time become associated with them, are hereby constituted a body corporate by the name of "The Actors' Fund of America." § 2. The said corporation shall have the power and is hereby author ized and empowered to receive and raise money by subscription, donation, bequests, by dues, from assessments on its members, by theatrical benefits, fairs and festivals, and by and in such other ways and means as may, from time to time, be provided in the by-laws and regulations of said corporation. §3. The said corporation shall have the power and is hereby author- Ibid. ized and empowered to invest and re-invest the money and property it may receive from any source in and on such security or securities, and in such manner and on such terms and conditions as may be provided in the by-laws, rules and regulations of said corporation; and it shall have the power and is hereby authorized and empowered to use, apply and devote the moneys, funds, property and securities, and the interest, income and gains therefrom, to advance, promote, foster and benefit the condition and welfare, physical as well as intellectual, of the members of said corporation, and of other persons belonging to the theatrical profession and their families, in such way and manner, and at such time or times, as may be provided in the by-laws and regulations of said corporation. §4. The corporation may acquire, take, hold, convey and transfer Ibid. real and personal estate; but the whole amount of real estate held by the said corporation shall not exceed in value five hundred thousand dollars, and it shall have the right to sue and be sued, and possess the general powers and be subject to the provisions prescribed in the third title of the eighteenth chapter of the first part of the revised statutes. etc. $5. The said corporation may, from time to time, enact by-laws, By-laws, rules and regulations, not inconsistent with this act, as shall be proper in the premises, and may amend, alter, suspend and repeal the same; and it shall provide for the election of officers, their respective terms of office and functions for the admission, of members and for enforcing the payment of dues and assessments of the members, for the government, trial, suspension and expulsion of its officers and members; for the times and places of meetings; for the number necessary to constitute a quorum of the trustees and of the members for the transaction of business, and, in general, for the control, government and management of the affairs of the corporation. § 6. The officers of said corporation shall be a president, secretary, Officers. treasurer and a board of trustees, consisting of not less than nine nor more than seventeen; and such other officers as shall be provided for in the by-laws. All the officers and trustees shall hold office for the term of one year, or until their successors are duly elected and qualify in accordance with the by-laws and regulations of said corporation. com § 7. The board of trustees shall have the power and authority to Executive appoint and name an executive committee of five from among its mem- mittee. bers, which executive committee shall have all the power and authority vested in the board of trustees during the intervals between the meetings of the said board of trustees; but shall be required to report to the said board of trustees at each of their meetings. § 8. The first seventeen persons named in the first section of this Board of act shall constitute the board of trustees of said corporation for trustees. one year from the date of the passage of this act, and until their successors are duly elected and qualify under the provisions of the bylaws of said corporation; and the said board mentioned in this section shall have the power to call the first meeting of the members of this corporation at such time and place within two months from the date of the passage of this act, as they may determine; at which meeting 50 394 American dramatic fund association may join this corporation. Term defined Trustees may tend main sewer and for that purpose may oc cupy take lands. [CHAP. 328. the officers mentioned in the sixth section of this act, excepting the board of trustees, and such other officers as may be determined upon, shall be elected to hold office for one year from the date of the passage of this act, and until their successors are duly elected and qualify under the by-laws of said corporation. § 9. The American Dramatic Fund Association is hereby authorized and empowered to unite with and join the corporation hereby created and to consolidate, unite and merge its funds and moneys. with the funds and moneys of the corporation hereby created, at such time and in such manner and on such terms, provisions, stipulations and conditions as may be agreed upon by and between said American Dramatic Fund Association and the corporation hereby created. § 10. The term "theatrical profession" used in this act shall be held to include all persons pursuing the profession of acting, singing, music, dancing, and the management of the theatres and other places of public amusement; as well as all persons interested and concerned or who earn a living from and in connection with any place of public amusement. § 11. This act shall take effect immediately. CHAP. 328. AN ACT to authorize the extension of the main sewer in the town and village of Saratoga Springs. · PASSED June 8, 1882; 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 the village of Saratoga Springs are hereby authorized and empowered to extend the main sewer in said village from the point where the same now begins, in or near the west line of Broadway and opposite East Congress street, westerly m and along the bed of Waterbury creek, or so nearly along the same as may streets and be practicable, to a point in said creek in or near the east line of the premises situated on the north-east corner of Congress street and the Delaware and Hudson Canal Company's railroad, and owned by Rodney Churchill, the dimensions and materials of which extension shall be determined by said trustees. For such purpose and the purpose of thereafter making the necessary repairs to said sewer, said trustees may use and occupy any of the streets, highways and alleys in said village, and may take and appropriate such lands and real estate as they may deem necessary, which rights and real estate so taken and acquired shall thereafter belong to the village of Saratoga Springs. In case said trustees shall be unable to agree with the owner or owners as to the value of any land or real estate taken or desired to be taken by them for the purposes aforesaid, they may apply to any court of record for the appointment of commissioners, who shall be appointed in the manner provided in chapter six hundred and twenty-three of the laws of eighteen hundred and seventy, said commissioners shall conduct their proceedings and make their awards in the same manner and with the same effect as provided in said last-mentioned act, and the damages so awarded by said commissioners, and the sums agreed upon by the trustees and owners as aforesaid, shall be paid out of the proceeds of the tax hereinafter authorized. |