Proviso. State title Newtown thence southerly and on a line parallel with Avenue A fifty-five feet and four inches; thence westerly and on a line parallel with Sixtyeighth street twenty-five feet; thence northerly and on a line parallel with Avenue A fifty-five feet and four inches to the southerly side or line of Sixty-eighth street, and thence easterly along said southerly side or line of Sixty-eighth street twenty-five feet to the point or place of beginning; whereof Margaret F. Butler, late of said city, died seized, is hereby released to Florence Butler, of said city, husband of said Margaret F. Butler, his heirs and assigns forever. § 2. Nothing in this act contained shall be construed to impair or affect the right in said real estate of any heir-at-law, devisee, purchaser or creditor, by mortgage, judgment or otherwise. § 3. This act shall take effect immediately. Chap. 105. AN ACT to release the interest of the people of the State of PASSED March 22, 1879; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. All the estate, right, title, interest and property of the to lands in people of this State, acquired by the alienage or death of Mary Ann released. Bland, late of the city of New York, deceased, by escheat, in and to the following property: All that certain lot, piece or parcel of land, situate, lying and being in the town of Newtown, in the county of Queens, and State aforesaid, being known and distinguished on a certain map on file in the office of the clerk of said county of Queens, entitled "map of South Williamsburgh, in Newtown, Long Island,' belonging to the second South Williamsburgh Village Association, as purchased from Norman Van Nostrand, surveyed, laid out and drawn by Thomas W. Field, as number eighty-six, situated on the northeasterly corner of Wykoff avenue and Smith street, being twenty-two feet and six inches on Wykoff avenue, ninety-six feet and three inches on the north-easterly side, twenty-two feet and six inches on the rear, and ninety-five feet on Smith street, according to said map, be the same more or less, conveyed by Norman Van Nostrand and Catharine Ann, his wife, to Adam N. Clearwater, by deed dated May first, in the year one thousand eight hundred and fifty-five, and recorded in Queens county clerk's office, in liber one hundred and thirty-six of deeds, page one hundred and ninety-eight, on October fifteenth, eighteen hundred and fifty-five, are hereby released to David Bland, of the city of New York (the husband of Mary Ann Bland, deceased), his heirs and assigns forever. Proviso. § 2. Nothing herein contained shall prejudice the rights of any person acquired as heirs-at-law or as devisee or as creditor, purchaser or mortgagee of said premises, or any part thereof. § 3. This act shall take effect immediately. Chap. 106. AN ACT for the improvement of the Hudson river and to make an appropriation therefor. PASSED March 22, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: improve SECTION 1. The sum of thirty thousand dollars is hereby appropriated Appropriout of any money in the treasury not otherwise appropriated for the ion for purpose of removing obstructions in and improving the navigation of ments. the Hudson river, at and between the city of Troy and the town of Coxsackie, by deepening and widening the navigable channel of said. river, so as to secure, between the state dam and the railroad bridge at Troy, a channel sixty feet wide, with a depth of five feet of water at low tide, and from thence to the lower railroad bridge at Albany, a channel one hundred and twenty-five feet wide, with a depth of eight feet of water at low tide, and from thence to the town of Coxsackie, a channel one hundred and fifty feet wide, with a depth of ten feet of water at low tide. how to be § 2. The work shall be done under the direction of the state engi- Work, neer and surveyor, and all payments therefor shall be made only upon dow the sworn statements or estimates of engineers based upon actual measurement of the work done; and the expense of engineering and mapping necessary for the work, unless otherwise provided for, shall be paid out of this appropriation. 3. The treasurer shall pay to the parties entitled to receive the Payment same, upon the warrants of the comptroller, all drafts of the State of drafts. engineer and surveyor (when accompanied by the sworn statements or engineer's estimates to be filed therewith), drawn upon said appropriation, and not exceeding, in the aggregate, the sum hereby appropriated. § 4. This act shall take effect immediately. Chap. 107. AN ACT relating to rural cemetery associations. PASSED March 22, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: certiti cates of ness into SECTION 1. Any rural cemetery association duly incorporated under Change of the act entitled "An act authorizing the incorporation of rural cemetery associations," passed April twenty-seventh, eighteen hundred and indebted forty-seven, and the acts aniending the same, which shall have issued, certifi or which may hereafter issue certificates of indebtedness, pursuant to cates of the provisions of chapter one hundred and sixty-three of the laws of eighteen hundred and sixty, entitled "An act to amend the act entitled an act authorizing the incorporation of rural cemetery associations, passed April twenty-seventh, eighteen hundred and forty-seven," may change such certificates of indebtedness, or any part thereof, into stock. how ef fected. certificates of stock, by and with the consent of two-thirds of the trustees of the said rural cemetery association issuing the same, and the consent of the person or persons holding the said certificates of Change, indebtedness, which change shall be effected in the manner following, that is to say: The board of trustees of any such corporation desiring to make the change authorized by this act by a vote of not less than twothirds of all the trustees elected, shall adopt a resolution expressing the desire and willingness of the said corporation to receive and accept a surrender of the outstanding certificates of indebtedness issued by the said corporation, and to issue certificates of stock therefor in shares of the par value of twenty-five dollars each, or some multiple thereof, which resolution shall be entered at length in the book of minutes kept by the said board of trustees, whereupon the person or persons holding the certificates of indebtedness referred to in the said resolution may surrender and yield up the same to the said corporation to be canceled and destroyed, and thereupon the said trustees shall have power to issue and deliver to such person or persons certificates of stock in shares of twenty-five dollars each, or some multiple thereof, to an amount corresponding with the amount of the certificates of indebtedInterest. ness so surrendered. And from thenceforth no interest shall accrue or become payable to the holders of such stock, but in lieu of interest the Dividends holders of the said stock shall be entitled to claim and receive semiannually a dividend for their proportional part of the surplus or net receipts of the said cemetery, over and above current expenses, if any surplus shall remain after the payment of such current expenses. Certificates of stock, of stock. § 2. The certificates of stock hereby authorized to be issued shall be sealed with the corporate seal of the association, and signed by the president or vice-president and treasurer thereof. Such stock shall be Transfer deemed personal property, and shall be transferable only on the books of the said association upon the surrender of the certificate thereof (unless otherwise provided on the face of such certificate), and upon every such surrender a new certificate for the stock surrendered, shall be issued to the party to whom the said stock shall have been transferred, and the holders of the said stock shall be entitled, in person or by proxy, to one vote for every share thereof, at the annual election for trustees, and at other business meetings of the said corporation. Record of stock issued. Lien on lots not created. Limit of 3. The trustees shall keep a register or record of the stock issued by the said corporation, showing the date of issue, the number of shares, the par value thereof, and the name or names of the person or persons to whom the same shall be issued, and the number of the certificate therefor, and all transfers of such stock shall be noted and entered in the said register or record, and the certificates surrendered shall be deemed canceled by the issue of a new certificate, and such surrendered certificate shall be destroyed. § 4. Nothing in this act contained shall be construed to create a lien upon lots or plots belonging to individual proprietors within the cemetery limits, nor any other or greater liability against the association or trustees issuing such stock, than may be necessary to enforce the liability faithful application of the surplus or net receipts of the said cemetery to and among the holders of the said stock in manner aforesaid; provided, however, that any trustee of such corporation may become the holder or transferee of such stock for his own individual use or benefit. Trustee may hold stock. § 5. This act shall take effect immediately. Chap. 108. AN ACT to amend chapter one hundred and thirty-three of the laws of eighteen hundred and forty-seven, entitled "An act authorizing the incorporation of rural cemetery associations." PASSED March 22, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The seventh section of chapter one hundred and thirtythree of the laws of eighteen hundred and forty-seven, entitled "An act authorizing the incorporation of rural cemetery associations," is hereby amended so as to read as follows: or altered. how ap § 7. All lots or parts of lots or plats which shall be conveyed by the Lots indi. association as a separate lot or plat, shall be indivisible, but may be visible; held and owned in undivided shares; but any lots or plats and parts May be of lots or plats remaining unsold, and in which there shall have been enlarged no interment, may, by order of the trustees, be resurveyed, enlarged, subdivided or altered in shape or size, and designated by numbers or otherwise on any map or maps which may be filed and kept pursuant to the fourth section of this act: One-half at least of the proceeds of Proceeds all sales of lots or plats shall be first appropriated to the payment of of sales, the purchase-money of the lands acquired by the association until the plied." purchase-money shall be paid, and the residue thereof to preserving, improving and embellishing the said cemetery grounds and the avenues or roads leading thereto, and to defraying the incidental expenses of the cemetery establishment; and after the payment of the purchase-money and the debts contracted therefor, and for surveying and laying out the land, the proceeds of all future sales shall be applied to the improvement, embellishment and preservation of such cemetery and for incidental expenses, and to no other purpose or object unless expressly authorized by law. Associations formed under Agreethis act may also agree with the person or persons from whom cemetery lands shall be purchased to pay for such lands, as the purchase for lands. price thereof, any specified share or portion not exceeding one-half, the proceeds of all sales of lots or plats made from such lands, in which case the share or portion of such proceeds so agreed upon, not exceeding one-half thereof, shall be first appropriated and applied to the payment of the purchase-money of the land so acquired, and the residue thereof shall be appropriated to preserving, improving and embellishing the said cemetery grounds, and the avenues, paths and roads therein and leading thereto, and to defraying the incidental expenses of the cemetery establishment. In all cases where cemetery Prices for lands shall be purchased and agreed to be paid for in the manner here- lots or inbefore provided, the prices for lots or plats specified in the by-laws, rules and regulations first adopted by such associations, shall not be changed without the written consent of a majority in interest of the persons from whom the cemetery lands were purchased, their heirs, representatives or assigns. 2. This act shall take effect immediately. ment as to payments plats. Fiscal year, when to close. Annual reports. Chap. 109. AN ACT to establish the fiscal year of State charitable, eleemosynary and reformatory institutions. PASSED March 22, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The fiscal year of all State asylums, hospitals, charitable and reformatory institutions in this State, shall commence on the first begin and day of October in each year, and close on the thirtieth day of September, inclusive, next succeeding; and the annual reports of said institutions heretofore required for the use of government shall be made for the fiscal year as herein established; provided, however, that the first report made by any of said institutions, after the passage of this act, shall be for the period commencing with the commencement of its fiscal year as heretofore established to and including the thirtieth day of September, eighteen hundred and seventy-nine. Repeal. § 2. All acts inconsistent with this act are hereby repealed. Chap. 110. AN ACT to authorize the collector of the town of Cherry Valley, in the county of Otsego, to comply with the provisions of chapter twelve of the laws of eighteen hundred and seventy-nine. PASSED March 24, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The collector of the town of Cherry Valley, in the county of Otsego, is hereby authorized, within five days after the passage of this act, to pay over all moneys collected by him, and make return to the treasurer of his county, and renew, execute and deliver his bond, as provided in an act entitled "An act to authorize the extension of the time for the collection of taxes in the several towns of this State," passed January twenty-eighth, eighteen hundred and seventy-nine, and to comply in all respects with the provisions of said act, with the same force and effect as though the same had been done within the time prescribed by said act. § 2. This act shall take effect immediately. |