Chap. 494.

AN ACT to amend chapter fourteen of the laws of eighteen. hundred and fifty-three, entitled "An act relative to land devised by James Morris, deceased."

PASSED June 9, 1879.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter fourteen of the laws of eighteen hundred and fifty-three, entitled "An act relative to land devised by James Morris, deceased," is hereby amended so as to read as follows:

authorize

lands.

§ 1. On the petition of William Henry Morris and his descendants, Court may in being in person, if of age, and by a next friend if infants, the son supreme court, at a general or special term thereof, held in the county lease or of Westchester, or any adjoining county, may authorize the sale in fee simple absolute, or the lease for a term of years, not to exceed twentyone years, of the lands which, in the will of James Morris, deceased, dated the twenty-seventh day of January, eighteen hundred and twenty-five, are known and described as the said testator's mansionhouse, and the residue of the farm of land whereon he then resided, or any part or parts thereof, from time to time, as may be judged expedient and calculated to promote the interests of the descendants of said James Morris, whether yet in being or not, to whom or for whose benefit the said lands are devised by said will after the death of said William H. Morris. The court shall appoint one or more Guardisuitable persons as guardians of such of them as may be infants, in ans. relation to the proceedings on such application.

§ 2. Section two of said act is hereby amended so as to read as follows:

court as

lands.

§ 2. The court shall, in respect to each sale, either authorize and Duty of direct the same to be by auction, on such terms as the court may pre- to sale or scribe, or shall ascertain by the report of a referee or otherwise, the lease or terms on which such sale shall be proposed to be made at private sale, and on every sale shall ascertain what portion of the price to be paid thereon is the proceeds of the interest, legal or equitable, of said William Henry Morris in the premises to be sold, and, if it shall seem proper, may direct such proposal to be confirmed, and the sale, if by auction, shall be reported to the court, and if approved the court may confirm the same, and direct the sale to be made and a conveyance for the premises to be executed accordingly by the said William H. Morris and a referee acting on behalf of his descendants in the premises. And in case of a lease of said lands, or any part thereof, the court shall, in like manner, ascertain the terms upon which said lease shall be proposed to be made, and may direct such proposal to be confirmed, and may authorize the said lease to be made and to be executed by the said William H. Morris and a referee acting in behalf of his descendants in the premises.

§ 3. Section three of said act is hereby amended so as to read as follows:

proceeds

§ 3. The portion of each sale, which shall so appear to be produced Disposi from the interest of said William H. Morris, shall be directed to be lion of paid to him, and the residue thereof shall be invested under the direc- of sales or tion of the court for the benefit of such descendants of the said William

rents.

Validity

of sales

and leas

es.

Comp.

troller to examine claim.

H. Morris as may become interested therein under the said will; all or any part of any such investment may be made by taking the bond of a purchaser for part of the purchase-money on any such sale secured by a mortgage on the premises sold. And in case of a lease of the said premises, or of any part thereof, the rent received thereby may be directed to be paid to the said William H. Morris during his life-time, and after his death to such of his descendants as may be the owner or owners of said premises.

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

§ 4. All sales and conveyances, and leases, made as aforesaid in pursuance of such authority or direction, shall be valid and effectual to vest in the purchaser and his assigns in fee-simple absolute as against the said William Henry Morris, and as against all his descendants, whether in being or not, who might become entitled under the said will.

§ 5. This act shall take effect immediately.

Chap. 495.

AN ACT to amend chapter three hundred and ninety-eight of the laws of eighteen hundred and seventy-eight, entitled "An act for the relief of John Hogan, and to authorize the comptroller of the city of New York to pay the amount which may be found due from said city to said Hogan for granite furnished for a bridge in said city."

PASSED June 9, 1879; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter three hundred and ninety-eight of the laws of eighteen hundred and seventy-eight, entitled "An act for the relief of John Hogan, and to authorize the comptroller of the city of New York to pay the amount which may be found due from said city to said Hogan for granite furnished for a bridge in said city," is hereby amended so as to read as follows:

§ 1. The comptroller of the city of New York is hereby authorized and required to examine into the claim of John Hogan for cut-granite stone supplied for the building of a bridge over Spuyten Duyvil creek, and the expenses incurred by him in connection with the granite stone supplied in accordance withthe terms of a certain contract made by the said John Hogan with the mayor, aldermen, and commonalty of the city of New York, in August, eighteen hundred and seventy, and Proof re- upon proof which shall be satisfactory to said comptroller, that the said contract was made and entered into by the said John Hogan in good faith, and that said cut-granite was delivered by him on the ground at the site of said bridge for the purposes of said contract, the said "Audit of comptroller shall audit and certify the amount which he shall find to claim, etc. be the just and true value of said cut-granite stone when so delivered, and the amount of such expenses, incurred as aforesaid, and shall report the same to the board of estimate and apportionment, who shall thereupon include the amount in the estimate for eighteen hundred and

quired.

seventy-nine. Such amount shall be certified by the said comptroller as an addition to said estimate to the board of supervisors of the city, and upon such certificate the said amount shall be held to be appro- Payment. priated for the purposes herein specified, and shall be paid by the said comptroller in full payment, satisfaction, and discharge of all claims on the part of the said John Hogan under and in virtue of said contract.

§ 2. This act shall take effect immediately.

Chap. 496.

AN ACT to incorporate the Supreme Council of the Catholic Mutual Benefit Association.

PASSED June 9, 1879.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

tors.

name and

powers.

SECTION 1. Daniel Barrett, John Clifford, Sebastian Geyer, Joseph Corpora- ' Mackenna, Patrick Walsh, Michael Powers, James McGraw, James Martin, John J. McIntire, Lawrence J. McParlin, and all persons who are now or may hereafter become associated with them, or their successors, are hereby constituted and created a body politic and corporate by the name and title of "The Supreme Council of the Catholic Corporate Mutual Benefit Association," and as such shall have perpetual succession, and shall be capable of suing and being sued in all courts of record, and of taking, receiving, holding, purchasing, granting, mortgaging, conveying, and leasing real, personal, and mixed property to an amount not exceeding one hundred and fifty thousand dollars; to have and to use a common seal, and break and alter the same at pleasure, and shall have power to invest its funds in United States bonds or in first mortgages on unincumbered real estate; but shall not take a mortgage or mortgages on any public real estate.

tute grand

§ 2. The said supreme council shall also have power to institute and May insticontrol such grand councils and branches, and also diocesan beneficiary councils, districts as it may see fit under such rules, by-laws, and regulations as etc. the said supreme council may establish, not in conflict with the laws of this State, and a grand council or branch instituted by this supreme Their council shall have the right to take, to sue and be sued in all courts of powers. record, and to take, receive, hold, purchase, grant, mortgage, convey, and lease real, personal, and mixed property to an amount not exceeding one hundred and twenty-five thousand dollars, and shall have power to invest its funds in United States bonds, or in first mortgages on unincumbered real estate; but shall not take a mortgage or mortgages on any public real estate; such grand councils and branches shall each have a common seal. The title to any personal estate now Title to held in trust for said supreme council is hereby declared to be, and is personal vested in, and is the property of this council, the same as though it trust for was a body corporate at the time said personal estate was received. council. § 3. The said corporation shall have power to make, from time to Constitu time, such constitution, by-laws, rules, and regulations as they shall tion, by judge proper for the election of officers or trustees, or prescribing their functions, and the mode of discharging the same, for filling vacancies, for the admission of new members into branches and grand councils, and this supreme council, and the government and regulations of such

estate in

supreme

laws, etc.

branches and grand councils, and this council, for regulating and fixing the amount and time of payment of all fees, dues, and funds of said corporation, and for its grand councils and branches; for the arrangement of all the affairs of said corporation, and for suspending, fining, and expelling its officers, trustees, and members, or any of them, and its grand councils and branches, or any of them, and the officers, trustees, and members thereof, or any of them, as shall neglect or refuse to comply with any such constitution, by-laws, rules, or regulations. Any grand council or branch instituted by this council shall have like power of suspending, fining, and expelling any of its officers, by grand trustees, or members, with the right of appeal by either party to this

Suspen

sion of of ficers, etc,

councils.

tion.

council.

Officers of § 4. The officers of the said corporation shall consist of a spiritual corpora adviser, chancellor, president, first vice-president, second vice-president, recorder, treasurer, marshal, and guard, and such other officers as the said corporation may by its constitution, by-laws, rules or regulations prescribe or determine. The terms of its officers shall be one year from the time of their election, and until others are chosen and qualify in their stead, except the trustees of this council, who shall be Trustees. at least five and not more than nine in number. The three trustees first named and elected at the annual session of this council, in eighteen hundred and seventy-nine, shall hold their office two years from that time, and until others are chosen and qualify in their stead, and the two trustees last named and elected at said election shall hold office one year from that time and until others are chosen and qualify in their stead, and thereafter the term of the trustees hereof shall be two Official years. The trustees of the said corporation shall demand and take security from the treasurer and other officers in the name of the corporation (who by the rules thereof are required to give bonds), from time to time, for the faithful performance of the trust reposed in them, and the trustees shall give bonds to the president or acting president in the name of the corporation, who shall demand and take such security from time to time for the faithful performance of the trust reposed in them, and every contract or obligation for that purpose shall be valid in law. The officers and trustees of branches or grand councils who are required to give bonds shall be governed by and act according to this law in their respective councils or branches.

bouds.

Objects of corpora tion.

Beneficia ry fund.

Ib.

§ 5. The object of this corporation shall be to improve the moral, mental, and social condition of its members, and to educate them in integrity, sobriety, and frugality, to endeavor to make them contented with their position in life, and to aid and assist members or their families in case of death.

§ 6. It shall be lawful for this corporation to create, hold, manage, and disburse a beneficiary fund sufficient to pay all losses and expenses incident to the corporation, and for the relief of members and their families, of the branches and grand councils under the jurisdiction of this corporation, under such regulations as may be adopted by said corporation.

§ 7. Such beneficiary fund as may be ordained suitable by said corporation may be set apart and provided to be paid over to the families, heirs, or representatives of deceased members, or to such person or persons as such deceased members may, while living, have directed, and the collecting, management, and disbursement of the same, as well as the person or persons to whom and the manner and time in which the same shall be paid on the death of a member, shall be regulated and controlled by the constitution, by-laws, rules, and regulations of

this corporation; and such beneficiary fund so provided and paid shall be exempt from execution, and shall not be liable to be seized, taken, or appropriated by any legal or equitable process, to pay any debt of said deceased member: diocesan beneficiary districts may be set apart from time to time, and shall be governed by this law. The general Accounts. and beneficiary accounts of said corporation, and those of its branches, grand councils, and districts shall be kept entirely and distinctly apart in separate books and accounts.

§ 8. This act shall take effect immediately.

Chap. 497.

AN ACT to amend chapter three hundred and five of the laws of eighteen hundred and seventy-six, entitled "An act for the preservation of the public peace, the protection of private property, and the maintenance of law and good order in the towns of New Utrecht and Gravesend, in Kings county.

PASSED June 9, 1879; thre -fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The first, third, and sixth sections of chapter three hundred and five of the laws of eighteen hundred and seventy-six, entitled "An act for the preservation of the public peace, the protection of private property, and the maintenance of law and good order in the towns of New Utrecht and Gravesend, in Kings county," are hereby amended so as to read as follows:

commis

§1. The supervisors and justices of the peace for the time being, Boards of of the towns of New Utrecht and Gravesend, in Kings county, shall police, constitute boards of police commissioners for their respective towns, sioners. with power to employ such men as they shall from time to time deem Policenecessary, as policemen for their respective towns, who during the time men. they shall be so employed shall have the same powers and duties for the preservation of the public peace, the protection of private property, the prevention of disorder, the suppression of crime, the apprehension of offenders, and the execution of criminal process, as are now possessed by law by constables of the said towns and policemen of the city of Brooklyn in said county; subject, however, to the rules, regulations, and orders of said commissioners.

of neces

penses to

§ 3. They shall also make a statement to the board of supervisors of Annual the said county, at its next annual meeting hereafter, of the amount statement necessary to pay the expenses of said commissioners under this act, sary exfor the fiscal year commencing on the day of the annual town meeting supervi next succeeding the passage of this act; and they shall also, at the sors. same time, and at each annual meeting of said board of supervisors thereafter, make a like statement of such amount, not exceeding the sum of two thousand dollars for the town of New Utrecht, nor two thousand dollars for the town of Gravesend, or so much thereof as they shall consider to be necessary in and for their respective towns for the fiscal year commencing on the day of the annual town meeting next after such annual meeting of the supervisors, and the said board of Amounts supervisors shall cause the amounts in the said several statements ed by tax.

to be rais