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Corporators.

AN ACT to incorporate the Actors' Fund of America.

PASSED June 8, 1882.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows :

SECTION 1. Lester Wallack, Albert M. Palmer, Edwin Booth, Edward
Ilarrigan, 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, Lonis 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. Carn-
cross, 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. Gil-
more, W.J. Gilmore, N. C. Goodwin, Jr., Geo. K. Goodwin, Phil. Goat-
cher, Wm. Henry, Geo. Henry, William Hayden, Thos. A. Hall, Richard
Hyde, James H. Hutchinson, J. M. Hill, R. M. Hooley, John H. Ham-
lin, Carl Herrman, Anthony IIart, 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. Mur-
phy, 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. Ray.
mond, 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. Stod-
dart, Sheridan Shook, John A. Sterens, Geo. T. Stoneburner, Chas.
A. Stevenson, Chas. R. Thorn, Jr., Henry Tissington, Orlando Tomp-
kins, Joseph Thompson, Eug. Tompkins, Geo. Thatcher, Thomas
Theall, II. A. W. Tabor, Fred. Vokes, Wm. Voegtlin, 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.
Froliman, 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.

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ized and empowered to receive and raise money by subscription, dona-
tion, bequests, by dues, from assessments on its members, by theatri-
cal 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 re-
gulations 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 pro-
vided 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 regula-
tions 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.

$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 adınission, 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 transactiou 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.

$ 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 menubers 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

American
dramatic
fund asso-
ciation
may join
this cor-

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.

89. 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.

Term defined

CHAP.88.

may extend main

AN ACT to authorize the extension of the main sewer in the town and village of Saratoga Springs.

· PASSED June 8, 1982; three-fifths being present. The People of the State of New York, represented in Senate and As

sembly, do enact as follows : Trustees

SECTION 1. The trustees of the village of Saratoga Springs are

hereby authorized and empowered to extend the main sewer in said server and village from the point where the same now begins, in or near the west for that purpose

line of Broadway and opposite East Congress street, westerly in 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 take lands.

may oc

premises situated on the north-east corner of Congress street and the Delaware and Hudson Canal Company's railroad, and owned by Rod. ney 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 condnet 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.

tionsetc.

to be awarded

bidder

$2. The trustees of said village shall cause plans and specifications Plans and of such extension to be preparec, and shall give at least one week's Deus, eic. notice by publishing the same daily in a daily newspaper published in said village, where such plans and specifications can be seen and examined and shall in such notice invite sealed proposals for the construction of such extension, to be presented to the clerk of the board. Upon the expiration of the time specified in such notice the trustees Contract shall convene and open said proposals and shall award the contract for the construction of such extension to the lowest responsible bidder. to lowest Before the awarding of the contract for the construction of such extension, the contractor to whom it is proposed to award said contract shall execute to the village of Saratoga Springs, in such form and manner as said trustees shall prescribe, a bond, to be approved by said trustees in a sum at least twice the amount of the contract price with two sureties, who shall duly justify, conditioned for the faithful performance of the contract and the proper construction of such sewer in conformity with the plans and specifications adopted by said trustees.

$ 3. The cost of constructing said sewer shall be assessed by the Cost, how trustees upon the taxable property of the said village and shall be in- tissos cluded in the annual tax levy next succeeding the letting of the contract for the construction of said sewer, and shall be collected and liable to be enforced in the same manner as other village tases in said village. Said tax when collected shall be paid out for the construction and other expenses attendant upon the said sewer, by the receiver of taxes of said village, upon the certificate of the trustees and the village auditors, in the same manner as other bills against said village, and all bills presented for payment for constructing or in connection with said sewer shall be accompanied by the affidavit of the claimant as required to be done in the case of other claims against said village.

$ 4. The trustees shall have the same power to regulate the use of Use of said sewer and to prescribe rules under which the same shall be used sewer. and for its preservation and care as is now possessed by them with respect to the main sewer of said village, and any person obstructing or interfering with said sewer or violating the rules adopted by the trustees with respect to the same shall be subject to the same punishment provided with respect to the main sewer.

85. This act shall take effect immediately.

assessed.

CHAP 8).

AN ACT to authorize and direct the county clerk of Niagara

county to record certain notices of pendency of actions now on file in the Niagara county clerk's office.

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 clerk of Niagara county in this state is hereby au- Clerk to thorized and directed to procure suitable books, at the expense of the bookistan

and said county, and in such books to record at length, and to make a recoru proper index thereto of all notices of pendency of action filed in such penidency county clerk's office, and not heretofore entered and recorded, prior to of actious. the passage of an act authorizing the clerks of the several counties of

noticts of

Fees.

this state to record and index the notices of pendency of action filed in their respective offices thereafter, passed March twenty-second, cighteen hundred and sixty-four,

§ 2. Such entering and recording thereof shall be as valid and effectual as is done by the clerk of said county with whom they were

filed. Evidence. 8 3. The record of any such notice, or a copy thereof, certified by

the clerk of said county, may be read in evidence in any of the courts of this state with the like effect as if the original notice was produced.

§ 4. There shall be paid to said county clerk the sum of ten cents for each and every folio of one hundred words for recording and indexing such notices of pendency of action, to be allowed and audited by the board of supervisors of said county of Niagara, and paid by the county treasurer of said county to said clerk who shall with such moncys compensate the persons who may be employed by him to do such

work. Expense of § 5. The bill of said clerk for the expense of procuring said books

shall be audited and allowed by the board of supervisors of said county, and when so audited and allowed shall be paid by the county treasurer of said county.

$ 6. This act shall take effect immediately.

books.

CHAP 380.
AN ACT to amend chapter three hundred and eighty-nine of

the laws of eighteen hundred and seventy-eight, entitled
An act to create a police pension fund for disabled and
retired policemen in the city of New York,” and to provide
for the equalization of pensions.

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 act to create a police pension fund for disabled and retired policemen in the city of New York, passed June fourth, eighteen hundred and seventy-eight, being chapter three hundred and eighty-nine of the laws of eighteen hundred and seventy-eight, is hereby amended so as to read as follows:

1. The police commissioners of the city of New York are hereby constituted a board of trustees of the police pension fund created and provided for by this act. They shall organize as such board by choos

ing one of their number chairman and by appointing a secretary. Treasurer. The treasurer of the board of police shall be treasurer of such board of Duties of trustees. Such board of trustees shall have charge of and administer

said fund, and from time to time in vest the same, or any part thereof, as the said board shall deem most beneficial to said fund, and the said board is hereby authorized and empowered to make all necessary contracts and take all necessary and proper actions and proceedings in the premises, and to make payments from time to time from said fund of pensions granted in pursuance of this act, and, also, of pensions now charged on or made payable from said fund by or under existiug laws; and said board of trustees shall be the legal successors of the trustee or trustees of the police life insurance fund, and of any pension fund

Commissioners to be trustees.

trustees.

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