Annual in

come from real and personal

estate, lim

ited.

Establishment of

hospital.

Board of directors.

Officers.

First

board.

tion and actions, suits, matters, complaints, and all causes whatsoever; and they and their successors may have and use a common seal, and may change and alter the same at their pleasure; and they and their successors, by the name and style of the "Manhattan Eye and Ear Hospital," shall be capable, in law, of taking, receiving and holding personal estate, and also of purchasing, taking and holding, for the use of the corporation, real estate other than that required for the purposes of the corporation, the annual income of which shall not exceed the sum of twenty thousand dollars.

§ 2. The object of such corporation shall be the establishment of a hospital, in the city and county of New York, for the treatment of indigent persons suffering from diseases of the eye and ear.

§ 3. The affairs of the corporation shall be conducted by a board of directors, to consist of not less than seventeen nor more than twenty-nine persons, together with the surgeons of the institution. The board shall, on the third Tuesday of January of each year, elect from their number a president, vice-president and treasurer, and shall appoint a secretary. The following named persons, together with such other persons as they shall select, not exceeding twenty-nine in all, shall constitute the first board of directors: William Paton, William Harman Brown, William Butler Duncan, S. M. Blake, David S. Egleston, William Walter Phelps, Walter Edwards, Junior, James A. Roosevelt, E. G. Loring, Junior, Daniel B. St. J. Roosa, Charles Lanier, George T. Strong, Wm. B. Crosby, Daniel E. Hawley, Anson C. P. Dodge, Vacancies, William E. Bliss and Cornelius R. Agnew. And in case of any vacancy or vacancies occurring among the said directors, by death, resignation or otherwise, the said board of directors shall have power at any time to fill such vacancy or vacancies from among the members of the said corporation. Elections to fill vacancies shall at all times be made by ballot, and a plurality of votes shall elect.

how filled.

By-laws.

§ 4. The board of directors shall have power to enact by-laws and regulations for the conduct of its affairs, not inconsistent with the Constitution and laws of this state. No alteration or amendment of the by-laws, nor any ad

dition thereto, shall be made, except by a vote of a ma-
jority of the board of directors. The board shall be
convened for such special purpose by a notice to each
director, expressing the proposed alteration, amendment
or addition, and the yeas and nays shall be taken and
recorded in the book of minutes on each question; and Election of
shall elect by ballot, in case of vacancy, surgeons of the
hospital, and appoint such other surgeons, agents and
servants as they may deem necessary to transact the bus-
iness of the said corporation, and designate their duties.

surgeons.

tions for

§5. The board of directors shall determine the quali- Qualifica fications for membership of the said corporation, and memberpersons duly qualified shall be eligible for directors in case of vacancies occurring in the board.

ship.

and

6. The corporation shall possess the general powers, General and be subject to the general restrictions and liabilities liabilities. prescribed in the third title of the eighteenth chapter of the first part of the Revised Statutes.

§7. This act shall take effect immediately.

Chap. 585.

AN ACT to confirm the election of the trustees
and officers of the village of Silver Creek and
their acts.

Passed May 5, 1869; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:

SECTION 1. The last annual election of the officers of
the village of Silver Creek, Chautauqua county, is
hereby declared legal, notwithstanding the omission of
the clerk to give notice of the election, and the official
acts of said officers are hereby confirmed.

§ 2. This act shall take effect immediately.

act

not

te.

ad

Chap. 586.

AN ACT to amend an act entitled "An act to aid the Elmira Female College," passed April twenty-third, eighteen hundred and sixty

seven.

Passed May 5, 1869; three-fifths being present.

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

SECTION 1. The fund mentioned in the first section of the act entitled "An act to aid the Elmira Female College," passed April twenty-third, eighteen hundred and sixty-seven, and therein designated as "The Elmira Female College Educational fund of fifty thousand dolInvestment lars," instead of being invested by the Comptroller as tional fund mentioned in said act, may be invested by the Compby Comptroller in any of the public stocks of this State or of

of educa

troller.

Effect of certificate

the United States, or of any of the incorporated cities of this State, yielding and paying an interest of not less than six per cent per aunum. The certificate of the by chancel Chancellor and Secretary of the Board of Regents, filed with the Comptroller, stating the facts required to be certified by the first section of the act hereby amended, shall have the same effect as if such certificate had been made by the Board of Regents, and shall be deemed a compliance with the provisions thereof.

ler and secretary of Regents.

Canal appraisers to ear claim.

§ 2. This act shall take effect immediately.

Chap. 587.

AN ACT for the relief of Eli A. Bronson.

Passed May 5, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Jurisdiction is hereby granted to and conferred upon the Canal Appraisers to hear and determine the claim of Eli A. Bronson, of the town of Seneca, Ontario county, for damages alleged to have been sustained by him as owner of a lot or parcel of land situate

Facts to be

established

in the village of Geneva, Ontario county, bounded by the waters of Seneca lake, by reason of the removal, by order of one of the Canal Commissioners of this State, of a dock, partially built by said Bronson, out into the waters of Seneca lake, opposite his said land, as authorized by chapter one hundred and fifty of the laws of eighteen hundred and twenty-seven. But said Canal Appraisers shall not award any damages, if they before determine that the said premises upon which the erec award. tion of said dock was commenced, had, before such attempted erection, been appropriated by this State for canal purposes, nor shall they make such award unless the evidence shall establish facts against the State which would create a legal liability if proved in an action against an individual or corporation, and their decision Appeals. shall be subject to appeal to the Canal Board as in other

cases,

§ 2. This act shall take effect immediately.

Chap. 588.

AN ACT for the relief of Erastus Knapp, JefferJohnson, Orrin W. Rose, Lucien Billinghurst and John G. Wormley.

son,

Passed May 5, 1869; three-fifths being present.

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

making

hear claim.

SECTION 1. Jurisdiction is hereby conferred on the canal apCanal Appraisers to hear and determine the claims of praisers to Lucien Billinghurst, Jefferson Johnson, Orrin W. Rose, Erastus Knapp aud John G. Wormley, for damages alleged to have been done their property in the town of Corning, Steuben county, by reason of the flood in the Chemung river, in the month of March, eighteen hundred and sixty-five, and the imperfect embankment or docking of said stream in connection with the Chemung canal; and if the facts proved or appearing to the satisfaction of said Appraisers shall, in their opinion, make out a case of negligence on the part of the State which would create a legal liability were the same

Principles

in going

to govern,

award.

Appeals.

Proof of acts of for

porations.

established in evidence against a corporation or individual in a court of justice, they shall award each of said claimants such sum or sums as in the opinion of said Appraisers shall be just and equitable, such award to be subject to appeal to the Canal Board, as in other

cases.

§ 2. This act shall take effect immediately.

Chap. 589.

AN ACT to amend chapter two hundred and six of the laws of one thousand eight hundred and sixty-three, entitled "An act in relation to evidence."

Passed May 5, 1869.

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

SECTION 1. Section one of chapter two hundred and six of the laws of one thousand eight hundred and sixtythree is hereby amended to read as follows:

§ 1. Whenever, in any action in any court of this eign cor- State, it may be necessary for any parties to such action to prove any acts or transactions of any foreign corporation created by the laws of any other State or CounBooks, and try, the book or books of such corporation may be received verified ex- and read as prima facie evidence for that purpose in therefrom, such action, whether the parties thereto, or any of them, read in evi- are or are not members of such corporation. And copies

tracts

may be

dence.

of the books, or any of them, of any such foreign corporation, or copies of any entry or entries, or matters entered or recorded in said book or books of such corporation (when the original book or books are not produced on the trial of such action), verified as hereinafter provided, may be received and read in evidence on the trial or hearing of such action, with like force and effect as Copies how the original book or books of such corporation.

verified.

Such

copies shall be verified by the deposition annexed thereto, taken under a commission issued by the court, of the person who made such copies, or of some person who shall examine, compare and correct, if necessary,