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Continuation not new nactment

Revival

References

Repeal

they might under the laws then existing, unless it shall be otherwise
specially provided by law.
Similar and other saving clauses, Statutory construction law, 1892, 831-33.

$ 54 Construction. The provisions of this act, so far as they are substantially the same as those of the laws herein repealed, shall be construed as a continuation of such laws, modified or amended according to the language employed in this act, and not as new enactments. Repeals in this act shall not revive any law repealed by any law hereby repealed but shall include all laws amendatory of the laws hereby repealed. References in laws not repealed to provisions of law incorporated in this chapter and repealed shall be construed as applying to the provisions so incorporated. Nothing in this act shall be construed to repeal any provision of the criminal or penal code. Nothing in chapter 182 of the laws of 1898 as amended by ch.581, laws of 1899, shall be construed to repeal any portion of this act relating to the establishment and maintenance of free public libraries, or to the appointment or removal of any trustees thereof, or to the duties or powers of such trustees, nor shall it be construed to repeal any statute authorizing or fixing any appropriation for the use and maintenance of any such library, but such libraries shall be established and maintained, and have such appropriations for their uses and maintenance and their trustees shall be appointed and removed and have such duties and powers as provided by this act and other statutes of the state independent of said ch.182 of the laws of 1898, as amended aforesaid. [As amended by laws of 1900, ch.22]

55 To take effect. This act to take effect immediately.

Schedule of laws repealed

Rev. laws of 1813
Rev. stat. pt 1

Chapter Section 59

All 5, tit. 3; 5

Rev. stat. pt 1
Rev. stat. pt 1

Chapter Section

9, tit. 8; 6,7,8 15, tit. I; All

518

All

1834

360

536

Year Chap. Sec. 1815 207 All 1818

276 All 1832 8

3-4 140 2 1835

34 3 1835

123 2-3 1836 142 I 1838

237 8-9 1839 226 All 1839 315 I-2 1840

245 I-2 1840

246 A11 1840 381 3 1842 142

A11 1842 149

1, 3-6 1843

I, 4 1844 254 1-3 1844 255

1, 3, 5-7 1845

1,3 1845

I, 3 1846 132 1-5 1847 90 I

Year
1847
1848
1848
1849
1849
1850
1851
1851
1851
1852
1853
1854
1855
1855
1855
1855
1856
1856
1857
1857
1858
1859

Chap. Sec.
212 I-2
262

2-3
372
175

1-5
266 All

1-3 396 All

I, 3
544

All
366 I
184 All
80 I
91 1-2
50 A11
410 I-2
471 1-3
168

All
355 I-3

All 81 I-2 395 1-3

Year 1859 1860 1865 1868 1869 1870 1870 1870 1871 1872 1873 1875 1875 1876 1877 1879 1880 1881 1881 1886 1887 1889

Chap. Sec.
426 I

I-2
697 All
179 I-2
774 All
60 I-2
51 All
557 1-5
711

1-3 746

1-5 642 4

All
372 All
132 I-2
163 A11
289 All
514

I
I 20 All
679 All
493 All
652 All
529 All

176

85

1-3

54

179 85

527

SPECIAL LAWS

Academic fund

academic fund

iLaws of 1901, ch.498 (Horton law”) $2 In addition to the $106,000 now apportioned to academic

Annual approschools in accordance with the laws of 1892, ch.378, $26, there priation for shall be appropriated annually for the academic fund $244,000 so that $350,000 each school of academic grade certified to the Comptroller by the Regents of the University as having complied with all laws and ordinances during the preceding academic year, and as being entitled to share in the academic fund may receive:

1 A quota of $100.

2 A grant equal to the amount raised from local sources but not to exceed $250 annually, for approved books and apparatus.

3 A proportionate share of the balance on the basis of the attendance of academic students according to the University ordinances.

§ 2 This act shall take effect Oct. 1, 1901. See also University law, $26.

Superseded by laws of 1905, chapter 699.

University nade wampum-keeper

University made wampum-keeper of Onondaga nation

Laws of 1899, ch.153 $ 1 The University of the State of New York, which was duly elected to the office of wampum-keeper by the Onondaga nation on Feb. 26, 1898, and which by unanimous action of its Regents on Mar. 22, 1898, accepted such election as authorized to do by law, and which accepted the custody of the wampums as formally transferred to the Chancellor as part of the exercises and with the unanimous approval, both of the election and transfer, by the council of the Five Nations held in the Senate chamber of the Capitol at Albany on June 22, 1898, by duly chosen representatives of all the original nations of the Ho-de-no-sau-nee, shall hereafter be recognized in all courts and places, as having every power which has ever, at any time, been exercised by any wampum-keeper of the Onondaga nation, or of any of the Ho-deno-sau-nee, otherwise known as the Five Nations, or the Six Nations, or the Iroquois, and shall keep such wampums in a fireproof building, as public records, forever, and is hereby authorized to secure by purchase, suit, or otherwise, any wampums which have ever been in the possession of any of the Ho-de-nosau-nee, or any preceding wampum-keeper, and which is owned by any of them or to which any of them is entitled, or to which it is entitled, in law or in equity; and to maintain and carry on suit to recover any of such wampums in its own name or in the name of the Onondaga nation at any time notwithstanding that the cause of action may have accrued more than six years, or any time, before the commencement of any such suit.

§ 2 The provisions of this act shall not apply to the subject matter of any litigation now pending in any court of this state.

now

Certificate to collect for scientific purposes

Certificates
o collect
or scientific
surposes

Laws of 1900, ch.20, as amended by laws of 1904, ch.580 § 36 Certificate to collect for scientific purposes. A certificate may be issued by the Commission, to any person upwards of 18 years of age, permitting the holder thereof to collect birds, birds' nests or eggs for scientific purposes. Before such certificate is issued, the applicant must file written testimonials from two well known scientific men certifying to his good character and fitness to be intrusted with the privilege. Every applicant except an officer

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of the New York State Museum, must pay $1 for the expense of issuing the certificate, and must file a bond in the penal sum of $200 with two responsible and approved sureties, conditioned that he will not violate the provisions of this act, or avail himself of the privileges of said certificate for other than scientific purposes. Such a certificate shall be in force for one year only from the date of issue and shall not be transferable.

EDUCATIONAL CORPORATIONS

Incorporation

State Constitution, art.8 § 1 Corporations may be formed under general laws; but shall Incorporation not be created by special act, except for municipal purposes, and forbidden act in cases where, in the judgment of the Legislature, the objects of the corporation can not be attained under general laws. All general laws and special acts passed pursuant to this section may be altered from time to time or repealed.

Membership corporations law, 1895, ch.559, art.2 $ 30 Purposes for which corporations may be formed under this Permits creaarticle. A membership corporation may be created under this tion only of article for any lawful purpose, except a purpose for which a cor- provided for poration may be created under any other article of this chapter, or any other general law than this chapter.

See also University law, $27, $32. The Statutory Revision Commission called special attention before the enactment of this law to the fact that it would not allow incorporation, except by the Regents, of any library, museum, or other institution or association for the promotion of science, literature, art, history, or other department of knowledge. All such corporations must hereafter be created only under $27 of the University law and by act of the Regents.

Organization tax

Tax law, as an!ended by laws of 1897, ch.369 and laws of 1901, ch.448
§ 180 Organization tax. Every stock corporation incorporated

Stock corpora

tions pay a under any law of this state shall pay to the State Treasurer a tax

tax of 26 of 1% of one twentieth of 1% upon the amount of capital stock which the corporation is authorized to have, and a like tax upon any subsequent increase. Provided, that in no case shall such tax be less than $1. Such tax shall be due and payable upon the incorporation of such corporation or upon the increase of its

capital stock. Except in the case of a railroad corporation, neither the Secretary of State nor county clerk shall file any certificate of incorporation or article of association, or give any certificate to any such corporation or association until he is furnished a receipt of such tax from the State Treasurer, and no stock corporation shall have or exercise any corporate franchise or powers, or carry on business in this state until such tax shall have been paid. In case of the consolidation of existing corporations into a corporation, such new corporation shall be required to pay the tax hereinbefore provided for only upon the amount of its capital stock in excess of the aggregate amount of capital stock of said corporations. This section shall not apply to state and national banks or to building, mutual loan, accumulating fund and cooperative associations. A railroad corporation need not pay such tax at the time of filing its certificate of incorporation, but shall pay the same before the railroad commissioners shall grant a certificate, as required by the railroad law, authorizing the construction of the road as proposed in its articles of association, and such certificate shall not be granted by the Board of Railroad Commissioners until it is furnished with a receipt for such tax from the State Treasurer.

Powers

property

General corporation law, as amended by laws of 1892, ch.687 § 11 Grant of general powers. Every corporation as such has power, though not specified in the law under which it is incor

porated... [As amended by laws of 1895, ch.672, $1] Power to ac- 3 To acquire by grant, gift, purchase, devise or bequest, to hold quire, hold and dispose of and to dispose of such property as the purposes of the corpora

tion shall require, subject to such limitations as may be prescribed by law. ..

$ 29 Quorum of directors and powers of majority. The affairs

of every corporation shall be managed by its board of directors at Residence of least one of whom shall be a resident of this state. Unless other

wise provided by law a majority of the board of directors of a

corporation at a meeting duly assembled shall be necessary to Act of quorum constitute a

quorum for the transaction of business, and the act of a majority of the directors present at a meeting at which a

quorum is present shall be the act of the board of directors. SubDirectors may ject to the bylaws, if any, adopted by the members of a corporamake bylaws tion, the directors may make necessary bylaws of the corporation.

[As amended by laws of 1901, ch.214]

directors Majority a quorum

is act of board

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