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Pensions,

to whom payable.

Application of

this act.

Pension fund,

payments from, and

deposit of.

Annual

report of trustees.

surviving a widow or minor child or children. No more than one pension shall be paid in case both parents survive.

§ 6. Said board of trustees shall pay the pension as allowed and fixed by this chapter, from said pension fund, and said board of trustees may, in its discretion, pay the pension of said minor child or children to the mother or to their general or testamentary guardian, or to the person or persons who shall have the care and custody of said minor child or children, and the decision of said board of trustees as to what is deemed for the best interests of said minor child or children, may be reviewed by the surrogate of the county of Rensselaer, state of New York, and payment according to its determination of the pensions herein provided for shall be a full discharge for the moneys so paid.

§ 7. This chapter shall apply to all who now are or shall hereafter become officers and members of the fire department of the city of Troy, and all such persons shall be eligible to the benefits secured by the creation of this fund.

§ 8. All moneys directed to be paid out of said pension fund to any person or persons shall be paid by the treasurer only upon warrants signed by the chairman of the board and no warrant shall be drawn except by the order of said board duly entered on the record of the proceedings of this board. Said board of trustees is hereby authorized to deposit said fund in any of the banks of the city of Troy, upon receiving adequate security therefor, or to invest the same in bonds and mortgages on improved real property worth twice the amount loaned, or in bonds of the United States or of this state or of the city of Troy, or of any city, county, town or village of this state, issued pursuant to the authority of the laws of this state. All interest, income or dividends which shall be paid or agreed to be paid on account of any such loan or deposit, shall belong to and constitute a part of said fund. Nothing herein contained shall, however, be construed as authorizing the treasurer to loan or deposit said fund or any part thereof unless so authorized by the board.

§ 9. The board of trustees shall make a report of the condition of said pension fund to the common council in the month of January in each and every year, in which report there shall be clearly set forth a complete itemized statement of all receipts and disbursements, giving the name of each and every person, corpora

tion or association from whom any money has been received on account of said fund, together with the total amount thereof. § 10. This act shall take effect immediately, except that no pension shall be granted thereunder until January first, nineteen hundred and seven.

Chap. 489.

AN ACT to amend the stock corporation law, in relation to consent to change place of business.

Became a law, May 17, 1905, with the approval of the Governor. Fassed, three-fifths being present.

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

Section 1. Section fifty-nine of article three of chapter five hundred and sixty-four of the laws of eighteen hundred and ninety, entitled "An act in relation to stock corporations, constituting chapter thirty-eight of the general laws," as added by chapter nine hundred and twenty-nine of the laws of eighteen hundred and ninety-six, is hereby amended to read as follows:

§ 59. Change of place of business.-Any stock corporation now existing or hereafter organized under the laws of this state, except moneyed corporations, may at any time change its principal office and place of business from the city, town or county named in its certificate of incorporation, or to which it may have been changed under the provisions of this section, to any other city, town or county in this state, in which it may desire to actually transact and carry on its regular business from day to day, provided, and* such change has been authorized, either by unanimous consent of the stockholders expressed in writing and duly acknowledged and filed in the office of the secretary of state, or by a vote of the stockholders of said corporation at a special meeting of stockholders called for that purpose. When such change shall be authorized by the stockholders as herein provided, the president and secretary and a majority of the directors of such corporation shall sign a certificate stating the name of said corporation, the city, town and county where its principal office and place of business was originally located, and to which it may have been subsequently changed, and the city, town and county

So in original.

to which it is desired to change its said principal office and place of business, and that it is the purpose of said corporation to actually transact and carry on its regular business from day to day at such place, and that such change has been authorized as herein provided, and the names of the directors of said corporation and their respective places of residence, which certificate. shall be verified by the oaths of all the persons signing the same, and when so signed and verified, shall be filed in the office of the secretary of state and a duplicate thereof in the office of the clerk of the county from which said principal office and place of business is about to be removed or changed, and another in the office of the clerk of the county to which said removal or change is to be made, and thereupon the principal office and place of business of such corporation shall be changed as stated in said certificate.

§ 2. This act shall take effect immediately.

Chap. 490.

AN ACT to amend the insanity law, relating to the management of state hospitals, abolishing the boards of visitation and creating boards of managers therefor, and defining the powers and duties of the boards of managers and of the state commission in lunacy.

Became a law, May 17, 1905, with the approval of the Governor. Passed, three-fifths being present.

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

Section 1. Section three of article one of chapter five hundred and forty-five of the laws of eighteen hundred and ninety-six, entitled "An act in relation to the insane, constituting chapter twenty-eight of the general laws," as amended by chapter one hundred and thirty-seven of the laws of nineteen hundred and one, and chapter three hundred and thirty of the laws of nineteen hundred and four, is hereby amended to read as follows:

§ 3. Appointment, qualifications, terms of office and salaries of commissioners. There shall continue to be a state commission in lunacy, consisting of three commissioners, all of whom shall be

citizens of this state. One of them, who shall be president of the commission, shall be a reputable physician, a graduate of an incorporated medical college of at least ten years' experience in the actual practice of his profession, who has had five years' actual experience in the care and treatment of the insane, and who has had experience in the management of institutions for the insane. One of such commissioners shall be a reputable attorney and counsellor-at-law of the courts of this state of not less than ten years' standing. The third commissioner shall be a reputable citizen. The president of the commission shall receive an annual salary of seven thousand five hundred dollars, and twelve hundred dollars in lieu of his traveling and incidental expenses, payable monthly. Each of the other commissioners shall receive an annual salary of five thousand dollars, and twelve hundred dollars, in lieu of his traveling and incidental expenses, payable monthly. The president of the commission shall hold office during good behavior and shall be removable by the governor only for cause, stated in writing, after an opportunity has been given him to be heard thereon. A commissioner, other than the president, may be removed by the governor for cause, stated in writing, after an opportunity has been given him to be heard thereon. The full term of office of a commissioner other than the president shall be six years. Where the term of office of a commissioner other than the president expires at a time other than the last day of December, the term of office of his successor is abridged so as to expire on the last day of December preceding the time when such term would otherwise expire, and the term of office of each such commissioner thereafter appointed shall begin on the first day of January. The commissioners shall be appointed by the governor, by and with the advice and consent of the senate.

§ 2. Section four of said chapter five hundred and forty-five of the laws of eighteen hundred and ninety-six, as amended by chapter two hundred and twenty-one of the laws of nineteen hundred and three, is hereby amended to read as follows:

§ 4. Office and clerical force of commission; medical inspector.— The commission shall be provided by the proper authorities with a suitably furnished office in the state capitol, where it shall hold stated meetings, at least once in three months. It may hold other

meetings, at such office or elsewhere, as it may deem necessary. It may employ a secretary, a stenographer and such other em ployees as may be necessary. The salaries and reasonable expenses of the commission and of the necessary clerical assistants shall be paid by the treasurer of the state on the warrant of the comptroller, out of any moneys appropriated for the support of the insane. The commission in lunacy may also appoint a medical inspector, who shall be a well educated physician, a graduate of an incorporated medical college, and who shall have had actual experience in an institution for the care and treatment of the insane. Such inspector shall receive an annual salary to be fixed by the commission subject to the approval in writing of the governor and the action of the legislature, not to exceed five thousand dollars, and all his actual and necessary traveling expenses incurred by him in the performance of his duties, which shall be audited and paid in the same manner as the other expenses of the commission. He shall, subject to the direction of the commission, visit and inspect the several state hospitals and other institutions for the insane which are subject to the supervision, visitation and inspection of the commission. He shall, subject to the direction of the commission, make an examination, so far as circumstances may permit, of the patients confined in such hospitals and institutions, especially those admitted thereto since his preceding visit, giving such as may request it suitable opportunity to converse with him apart from the officers and attendants. He shall perform such other duties as may be prescribed and directed by the commission.

§ 3. Section six-a of article one of said chapter five hundred and forty-five of the laws of eighteen hundred and ninety-six as inserted by chapter twenty-six of the laws of nineteen hundred and two, is hereby amended to read as follows:

§ 6-a. General powers as to state hospitals.-The commission shall, subject to the powers hereinafter granted to beards of managers:

1. Have the general oversight of the state hospitals, and the control of all the property thereof, and shall see that the purposes of such hospitals are carried into effect by the boards of managers according to law.

§ 4. Section seven of said chapter five hundred and forty-five of the laws of eighteen hundred and ninety-six, as amended by

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