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directed to include the above specified amounts in the statement of the sums which will be necessary to be raised by general tax for the year one thousand eight hundred and sixty-seven, in accordance with the provisions of the charter of said city.

Chap. 84.

AN ACT to increase the salary of the office of School Commissioner.

Passed March 16, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section seven, title two, chapter five hundred and fifty-five of the Laws of eighteen hundred and sixty-four, entitled "An act to revise and consolidate the general acts relating to public instruction," is hereby amended so as to read as follows:

7. Every school commissioner shall receive an annual salary of eight hundred dollars, payable quarterly, by the Treasurer, on the warrant of the Comptroller and the certificate of the Superintendent of Public Instruction, out of the income of the United States deposit fund appropriated to this purpose, or to the support of common schools.

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

9. The board of supervisors shall annually audit and allow to each commissioner within the county the fixed sum of two hundred dollars for his expenses, and shall assess and levy that amount annually, by tax, upon the towns composing his district.

$3. In any county of this State, where the salary of the commissioner has been increased by the board of supervisors to an amount exceeding one thousand dollars, including necessary expenses, nothing in this act shall be so construed as to increase the salary of said commissioners.

$4. This act shall take effect immediately.

Corporators.

Corporate name.

Amount of

real estate to be held.

Capital stock.

Shares.

Directors.

Chap. 85.

AN ACT to incorporate the Metropolitan Medical and Surgical Institute.

Passed March 16, 1867.

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

SECTION 1. Thomas H. Smith, Cornelius B. De Baun, William H. Melick, Walter H. Shupe, John H. Johnston, Ralph Dawson, David L. Chambers, John J. Clark, their associates and assigns, and all other persons who may become stockholders in the corporation hereby created, shall be, and their successors are hereby constituted and declared to be a corporation and body politic, by the name of the "Metropolitan Medical and Surgical Institute," to be located either in the city of New York or in the city of Brooklyn; and the object for which the said corporation is formed, is to procure or construct a suitable building in which patients may be treated by competent physicians, at moderate rates of compensation.

$ 2. The said corporation shall have power, in and by their corporate name, to purchase, lease, hold and convey real or leasehold estate to an amount not exceeding three-fourths of their capital stock.

S3. The capital stock of said company shall be fifty thousand dollars, with liberty to increase the same when a majority of the directors shall so determine, to an amount not exceeding the sum of two hundred thousand dollars. The said stock shall be divided into shares of fifty dollars each, and shall be transferable in such manner as the by-laws of said corporation shall direct. The said corporation may commence business, and shall be deemed fully organized, when ten thousand dollars shall have been subscribed and paid in.

$4. The affairs of said corporation shall be managed by a board of not less than five nor more than ten directors, as the by-laws may direct, and the per

sons named in the first section of this act shall constitute the first board of directors, and shall hold their office until the first election of directors to be held pursuant to the by-laws of said corporation, and until others are elected in their stead; and the said corporation shall have power, by its by-laws, to appoint the time and place of holding elections for directors, and to fix the term for which such directors shall hold their offices, and to prescribe the manner for filling vacancies in their body. The directors aforesaid, or the survivors of them, and those who may from time to time be duly elected, shall, by a majority vote, as soon as may be after their election, appoint from among their number such officers as may be required by the by-laws, and such agents and employés as the necessities of said corporation may demand.

35. Said corporation shall possess the general powers, and be subject to the general restrictions and liabilities prescribed in the third title of the eighteenth chapter of the first part of the revised statutes.

36. This act shall take effect immediately.

Chap. 86.

AN ACT to incorporate the St. Augustine's Mutual
Benefit and Benevolent Society, in the town of
Morrisania, county of Westchester.

Passed March 16, 1867.

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

tors.

SECTION 1. Joseph P. Woods, Hugh J. Campbell, Corpora Michael Geraghty, John Clarke, John Kerby, and such other persons as now are or hereafter shall become members of said society, are hereby constituted a body corporate by the name and title of the St. Augustine's Mutual Benefit and Benevolent Society, of the town of Morrisania.

corporation.

$2. The object and purpose of said corporation is, Objects of to promote the material comfort, and the moral wel

Location.

First trustees, pow

ers.

Vacancies, how filled.

By-laws, &c.

fare of its members, and to accumulate a fund for their relief in case of sickness, and in the event of their death in aid of their funeral expenses, as well as the expenses incurred in the interment of the remains of . the deceased wives of its members.

S3. The location and place of said corporation shall be, in the town of Morrisania, county of Westchester, and State of New York.

S4. The several persons named in the first section of this act, shall constitute the board of trustees of said corporation, and shall continue in office as such trustees until others are duly elected in their stead, and may sue or be sued in any court whatsoever, and may take, hold, receive, and enjoy, by gift, grant, and purchase any real estate or personal property, for the use or benefit of said corporation within this State, provided the value of such real estate shall not exceed the sum of fifty thousand dollars.

$5. In case of vacancies in the board of trustees by death, resignations, or otherwise, such vacancies shall be filled by the president of such corporation, and such trustees so appointed, shall hold office until the next annual meeting of said society, or until others are elected in their stead.

$6. It shall be the business of the society to fill, at the annual meeting thereof, all vacancies in the board of trustees, and it shall do so only by a majority of all the votes cast.

S7. The members of said corporation shall have the power from time to time, to make and establish such by-laws, rules and regulations, not inconsistent with the laws of this State, for the government and management of the affairs of said society, as they shall deem necessary, and shall have power to designate the officers thereof, their duties, and their term of office.

S8. The said corporation shall possess the general powers and privileges, and be subject to the general restrictions and liabilities prescribed in the third title of the eighteenth chapter of the first part of the revised statutes of the State of New York, so far as the same may be applicable thereto, and subject to the provisions of chapter three hundred and sixty

of the laws of one thousand eight hundred and sixty, entitled "An act relating to wills."

59. This act shall take effect immediately.

Chap. 87.

AN ACT to authorize the Common Council of the city of Utica to borrow and disburse money for city purposes, and to levy and collect a tax to pay the same.

Passed March 16, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The common council of the city of Utica shall have power, and they are hereby authorized and empowered, to borrow from time to time, in such sums as they may deem necessary, an amount not exceeding sixteen thousand dollars, upon the corporate bonds of said city, at a rate of interest not exceeding seven per cent per annum, for the purpose of paying for hose, for a lot upon which to erect a hose depot, for the erection and furnishing of such hose depot, and for coal and hose tenders for the steam fire engines for the use of the fire department of said city of Utica; also for the purpose of paying for stone culvert across Bridge street to convey water from city mill pond and Ballou's creek into Mohawk river, and for stone culvert across Whitesboro street to convey water of Nail creek across said street and into the Mohawk river.

§ 2. The said bonds, principal and interest, shall be made payable at such time prior to the first day of March, one thousand eight hundred and sixty-eight, as said common council may direct, but the amount thereof shall be included in and paid by the city taxes for the year eighteen hundred and sixty-seven; for the purpose of paying said bonds and the interest thereon, the said common council shall, in the city taxes for the year eighteen hundred and sixty-seven, cause to be levied and collected in the same manner said city taxes are levied and collected, a sum sufficient to

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