athletic, military drill, musical, dramatic, literary, artistic, yachting, hunting, fishing, bathing or lawful sporting purposes, may sign and acknowledge, before any officer authorized to take the ackowledgment of deeds in this State, and to file in the office of the Secretary of State, and also in the office of the clerk of the county in which the office of such society or club shall be situated, a certificate, in writing, in which shall be stated the name or title by which such society shall be known in law, the particular business and object of such society, the number of trustee directors or managers to manage the same, and the names of the trustees, directors or managers for the first year of its existence, but such certificate shall not be filed unless by the written consent and approbation of one of the Justices of the Supreme Court of the district in which the principal office of such society or club shall be located, to be indorsed on such certificate; but nothing in this act contained shall authorize the incorporation of any society or club for any purpose repugnant to any statute of this State or prohibited thereby.

duties.

real and

§ 2. Upon filing a certificate as aforesaid, the persons who shall Powers have signed and acknowledged such certificate, and their associates and and successors, shall thereupon, by virtue of this act, be a body politic and corporate by the name stated in such certificate, and by that name they and their successors shall and may have succession, and shall be persons in law capable of suing and being sued; and they and their successors may have and use a common seal, and may alter and change the same at pleasure; and they and their successors by their corporate name shall, in law, be capable of taking, receiving, purchasing, leasing May take and holding real estate for the purposes of their incorporation, and and hold for no other purpose, to an amount not exceeding the sum of five personal hundred thousand dollars in value, exclusive of the buildings and estate. improvements thereon, and personal estate for like purposes to an amount not exceeding the sum of one hundred and fifty thousand dollars in value exclusive of the buildings and improvements on its said real estate and the furnishing of its club house, but the clear annual income of such real and personal estate shall not exceed the sum of fifty thousand dollars; to make and adopt a constitution, by- Constitulaws, rules and regulations for the government of said corporation, tion and and for the admission, voluntary withdrawal, censure, suspension and expulsion of its members, for the establishing and collection of the fees and dues of its members the number and election of its officers, and to define their duties and compensation, and for the safe-keeping of its property its property and from time to time to alter, modify or change such constitution, by-laws, rules and regulations; provided, however, that no constitution, by-laws, rules or regulations shall be made or adopted by said corporation which shall be inconsistent with the Constitution and laws of the United States or of this State. The by-laws of any society or club for yachting purposes may provide that the qualified voters of such society or club be limited to the owners of yachts in such manner that the owners of each yacht shall together cast but one vote in the meetings of such society or club, and in the election of its officers, trustees, directors or managers.

by-laws.

§ 3. The membership of any person in said society or corporation shall Memberbe determined by his death or by his voluntary withdrawal therefrom ship. or by expulsion therefrom, and the manner of such withdrawal or expulsion of members shall be determined and provided by the by-laws of said corporation, and upon such death, withdrawal or

Trustees or directors.

Amended

1880, ch. 98,

expulsion all and every right, title and interest of the person whose membership is so determined, in or to or by reason of the said corporation, by reason of his former membership therein or in, or to its property or effects, shall at once cease and be forever at an end.

§4. The society so incorporated may elect from its members its trustees, directors or managers; and the trustees, directors or managers so elected may divide the whole number of trustees, directors or managers into classes, so that not less than one-fourth of their number shall be elected annually, after the first organization of any board post, p. 913. of such trustees, directors or managers. Such elections may be held at such time and place and in such manner as may be specified in the by-laws; and such board shall have the control and management of the affairs and funds of said society, a majority of whom shall be a quorum for the transaction of business; and whenever any vacancy shall happen among such trustees, directors or manmanagers, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. The number of trustees, directors or managers in any corporation organized under this act may, at any time, be increased to not more than twelve or diminished to not less than five, as follows: The existing trustees, directors or managers of any such corporation, or a majority of them, shall make and sign a certificate declaring how many trustees, directors or managers the corporation shall thereafter have, and stating the names of such trustees, directors or managers for the present time, which certificate shall be acknowledged by the trustees, directors or managers signing the same, or proved by a subscribing witness, and shall be filed in the office of the clerk of the county where the original certificate of incorporation was filed, and a duplicate or transcript thereof, duly certified under the official seal of such clerk, shall be filed in the office of the Secretary of State; and from and after the filing of such certificate and duplicate or transcript, the trustees, directors or managers of such corporation shall be deemed increased or diminished to the number therein stated, and the persons so named therein shall be trustees, directors or managers until a new election thereof shall be had according to this act and the constitution, by-laws or regulations of such corporation. But no action of the trustees, directors or managers, changing the number of such trustees, directors or managers, shall be valid, until ratified by a majority of the members of such corporation called for that purpose.

Failure to elect trustees.

When this

act not to apply.

Devises and bequests to.

§ 5. In case it shall at any time happen that an election of trustees, directors or managers shall not be made on the day designated by the by-laws, said society for that cause shall not be dissolved, but it shall and may be lawful on any other day to hold an election for trustees, directors or managers in such manner as may be directed by the by-laws of such society.

§6. The provisions of this act shall not extend or apply to any association or individuals, who shall in the certificate filed with the Secretary of State, or with the county clerk, use or specify a name or style the same as that of any previously existing incorporated society in this State.

87. Any corporation formed under this act shall be capable of taking, holding or receiving any property, real or personal, by virtue of any devise or bequest contained in any last will or testament of any person whatsoever, the clear annual income of which devise or bequest shall not exceed the sum of ten thousand dollars; provided, no person

leaving a wife, or child, or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his or her estate, after payment of his or her debts, and such devise or bequest shall be valid to the extent of such one-fourth, and no such devise or bequest shall be valid in any will which shall not have been made and executed, at least two months before the death of the testator.

§ 8. The trustees, directors or managers of any society or corporation Liability organized under the provisions of this act, shall be jointly or severally for debts liable for all debts due from said society or corporation, contracted while they are trustees; provided, said debts are payable one year from the time they shall have been contracted; and provided, a suit for the collection of the same shall be brought within one year after the debt shall become due and payable.

Court.

report.

§ 9. All institutions formed under this act, together with their Subject to books and vouchers, shall be subject to the visitation and inspection of Supreme the Justices of the Supreme Court, or by any person or persons who shall be appointed by the Supreme Court for that purpose; and it Trustees shall be the duty of the trustees, or a majority of them, in the month to make of December in each year, to make and file in the county clerk's office where the original certificate is filed, a certificate under their hands stating the names of the trustees and officers of such association or corporation, with an inventory of the property, effects and liabilities thereof, with an affidavit of the truth of such certificate and inventory, and also an affidavit that such association or corporation has not been engaged, directly or indirectly, in any other business than such as is set forth in the original certificate on file.

powers.

§ 10. Each corporation formed under this act shall possess the General general powers conferred by and be subject to the provisions and res- P.J. trictions of the third title of the eighteenth chapter of the first part of 226:15 Am the Revised Statutes, except as the same are modified by this act. § 11. The Legislature may, at any time, amend, annul, or repeal any incorporation formed or created under this act.

12. This act shall take effect immediately.

Rep. 27; 10 Eng. Rep. 385; 4 Abb.

CHAP. 303.

AN ACT to protect the owners of bottles, boxes, baskets, casks and siphons, used in the sale of soda waters, mineral waters, porter, ale, cider, ginger ale, small beer, lager beer, white beer, or other similar beverages.

PASSED May 14, 1875; three-fifths being present.

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

marks,

SECTION 1. All persons and corporations engaged in the manufac- Trade ture, bottling, packing in boxes, baskets or casks, or in the sale of names and soda waters, mineral waters, porter, ale, cider, ginger ale, small beer, how prolager beer, white beer, or other similar beverages in siphons or bottles tected. packed in boxes, baskets or casks, or unpacked with their name or names or other marks or devices branded stamped, engraved, etched, blown, impressed or otherwise produced upon such bottles, siphons,

Trustees or directors.

Amended

1880, ch. 98,

expulsion all and every right, title and interest of the person whose membership is so determined, in or to or by reason of the said corporation, by reason of his former membership therein or in, or to its property or effects, shall at once cease and be forever at an end.

§4. The society so incorporated may elect from its members its trustees, directors or managers; and the trustees, directors or managers so elected may divide the whole number of trustees, directors or managers into classes, so that not less than one-fourth of their number shall be elected annually, after the first organization of any board post, p. 913. of such trustees, directors or managers. Such elections may be held at such time and place and in such manner as may be specified in the by-laws; and such board shall have the control and management of the affairs and funds of said society, a majority of whom shall be a quorum for the transaction of business; and whenever any vacancy shall happen among such trustees, directors or manmanagers, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. The number of trustees, directors or managers in any corporation organized under this act may, at any time, be increased to not more than twelve or diminished to not less than five, as follows: The existing trustees, directors or managers of any such corporation, or a majority of them, shall make and sign a certificate declaring how many trustees, directors or managers the corporation shall thereafter have, and stating the names of such trustees, directors or managers for the present time, which certificate shall be acknowledged by the trustees, directors or managers signing the same, or proved by a subscribing witness, and shall be filed in the office of the clerk of the county where the original certificate of incorporation was filed, and a duplicate or transcript thereof, duly certified under the official seal of such clerk, shall be filed in the office of the Secretary of State; and from and after the filing of such certificate and duplicate or transcript, the trustees, directors or managers of such corporation shall be deemed increased or diminished to the number therein stated, and the persons so named therein shall be trustees, directors or managers until a new election thereof shall be had according to this act and the constitution, by-laws or regulations of such corporation. But no action of the trustees, directors or managers, changing the number of such trustees, directors or managers, shall be valid, until ratified by a majority of the members of such corporation called for that purpose.

Failure to elect trustees.

When this

apply.

§ 5. In case it shall at any time happen that an election of trustees, directors or managers shall not be made on the day designated by the by-laws, said society for that cause shall not be dissolved, but it shall and may be lawful on any other day to hold an election for trustees, directors or managers in such manner as may be directed by the by-laws of such society.

§ 6. The provisions of this act shall not extend or apply to any act not to association or individuals, who shall in the certificate filed with the Secretary of State, or with the county clerk, use or specify a name or style the same as that of any previously existing incorporated society in this State.

Devises

and be

$7. Any corporation formed under this act shall be capable of quests to. taking, holding or receiving any property, real or personal, by virtue of any devise or bequest contained in any last will or testament of any person whatsoever, the clear annual income of which devise or bequest shall not exceed the sum of ten thousand dollars; provided, no person

leaving a wife, or child, or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his or her estate, after payment of his or her debts, and such devise or bequest shall be valid to the extent of such one-fourth, and no such devise or bequest shall be valid in any will which shall not have been made and executed, at least two months before the death of the testator.

§ 8. The trustees, directors or managers of any society or corporation Liability organized under the provisions of this act, shall be jointly or severally for debts liable for all debts due from said society or corporation, contracted while they are trustees; provided, said debts are payable one year from the time they shall have been contracted; and provided, a suit for the collection of the same shall be brought within one year after the debt shall become due and payable.

Court.

report.

§ 9. All institutions formed under this act, together with their Subject to books and vouchers, shall be subject to the visitation and inspection of Supreme the Justices of the Supreme Court, or by any person or persons who shall be appointed by the Supreme Court for that purpose; and it Trustees shall be the duty of the trustees, or a majority of them, in the month to make of December in each year, to make and file in the county clerk's office where the original certificate is filed, a certificate under their hands. stating the names of the trustees and officers of such association or corporation, with an inventory of the property, effects and liabilities thereof, with an affidavit of the truth of such certificate and inventory, and also an affidavit that such association or corporation has not been engaged, directly or indirectly, in any other business than such as is set forth in the original certificate on file.

powers.

§ 10. Each corporation formed under this act shall possess the General general powers conferred by and be subject to the provisions and res- BAL.J. trictions of the third title of the eighteenth chapter of the first part of 226:15 Am the Revised Statutes, except as the same are modified by this act. § 11. The Legislature may, at any time, amend, annul, or repeal N. c. 300. any incorporation formed or created under this act.

Rep. 27; 10 Eng. Rep. 385; 4 Abb.

12. This act shall take effect immediately.

CHAP. 303.

AN ACT to protect the owners of bottles, boxes, baskets, casks and siphons, used in the sale of soda waters, mineral waters, porter, ale, cider, ginger ale, small beer, lager beer, white beer, or other similar beverages.

PASSED May 14, 1875; three-fifths being present.

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

marks,

SECTION 1. All persons and corporations engaged in the manufac- Trade ture, bottling, packing in boxes, baskets or casks, or in the sale of names and soda waters, mineral waters, porter, ale, cider, ginger ale, small beer, how prolager beer, white beer, or other similar beverages in siphons or bottles tected. packed in boxes, baskets or casks, or unpacked with their name or names or other marks or devices branded stamped, engraved, etched, blown, impressed or otherwise produced upon such bottles, siphons,