compel their attendance for that purpose; and the parties interested in such accounting, shall have the same rights to appeal from any order or decree of such judge in the premises, as is now given from the decrees of surrogates in relation to the accounts of executors and administrators, and such judge shall have the power to refer the said accounting to a referee or auditor, to be appointed by him for that purpose, to take and state such account; and such referee shall have the same power to take the examination of any witnesses produced before him, and to compel their attendance and examination, as a referee appointed by the Supreme Court to try and determine an action therein. §3. This act shall take effect immediately. This act supersedes other amending acts, for which see ante, vol. 7, pp. 194 and 654; vol. 9, p. 490. The Law of 1860 and this act were repealed by the "General Assignment Act of 1877," post, p. 468. CHAP. 58. AN ACT to permit companies or corporations incorporated or formed under or pursuant to the provisions of chapter two hundred and thirty-two, of the laws of eighteen hundred and fifty-four, entitled "An act for the incorporation of companies formed to navigate the lakes and rivers," passed April fifteenth, eighteen hundred and fifty-four, to extend the term of their corporate existence. PASSED March 20, 1875 The People of the State of New York, represented in Senate and Assembly, do enact as follows: existence extended SECTION 1. Any corporation or company which has been incorpor- Term of ated or formed under or pursuant to the provisions of chapter two corporate hundred and thirty-two, of the laws of eighteen hundred and fifty- how four, entitled "An act for the incorporation of companies formed to navigate the lakes and rivers," passed April fifteenth, eighteen hundred and fifty-four, may extend the term of its corporate existence, as follows: Whenever any such company or corporation shall desire to call a meeting of the stockholders for the purpose of extending the term of its corporate existence, it shall be the duty of the directors to publish a notice, subscribed by at least a majority of them, at least thirty days previous to the day fixed upon for holding such meeting, in a newspaper published in the city or town in which the principal office for the management of the affairs of such company or corporation shall be situated, and, if there be no newspaper published in such town or city, then in a newspaper the principal office of the publication of which is in a city or town in the State of New York nearest to such principal office of such company or corporation, specifying the object of such meeting, and the time and place, when and where such meeting will be held. If, at the time and place specified in the notice above provided for, stockholders shall appear in person or by proxy, in numbers representing not less than two-thirds of all the shares of stock of the company or corporation, they shall organize by choosing one of the directors of the corporation or company chairman of the meeting, and one of the stockholders secretary, and proceed to a vote of those present, in person or by proxy, and if, on canvassing the votes, it shall appear that a sufficient number of votes has been given in favor of extending the term of the corporate existence of the company or corporation for a certain time, the term cf the corporate existence of Amending ch. 694, A such company or corporation shall be extended accordingly, and it § 2. This act shall take effect immediately.. CHAP. 60. AN ACT to amend chapter six hundred and ninety-four of the laws of eighteen hundred and sixty-five, entitled "An act in relation to the deposit required to be made, and the taxes, fines, fees and other charges payable by insurance companies of sister States," passed May eleven, eighteen hundred and sixty-five. PASSED March 20, 1875; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter six hundred and ninety-four of Laws 1865, the laws of eighteen hundred and sixty-five, entitled "An act in rela6 Edm.578. tion to the deposit required to be made, and the taxes, fines, fees and other charges payable by insurance companies of sister States," passed May eleven, eighteen hundred and sixty-five, is hereby amended, so as to read as follows: § 1. Whenever the existing or future laws of any other State of the United States shall require of insurance companies, incorporated by or organized under the laws of this State, and having agencies in such other States, or of the agents thereof, any deposit of securities in such State for the protection of policy-holders, or otherwise, or any payment for taxes, fines, penalties, certificates of authority, license fees, or otherwise, greater than the amount required for such purposes from similar companies of other States by the then existing laws of this State, then, and in every such case, all companies of such States establishing, or having heretofore established an agency or agencies in the State, shall be and are hereby required to make the same deposit for a like purpose in the Insurance Department of the State, and to pay the Superintendent of said Department for taxes, fines, penalties, certificates of authority, license fees and otherwise, an amount equal to the amount of such charges and payments imposed by the laws of such State upon the companies of this State and the agents thereof. And the Superintendent of the Insurance Department is hereby authorized to remit any of the fees and charges which he is required to collect by existing Restrictions upon insurance companies of other States doing business in this State are constitutional. Fire Dept. v. Noble, 3 E. D. Smith, 440; People v. Imlay, 20 Barb. 68. But the contract or agreement of a foreign insurance company made in pursuance of the requirements of the Statutes of the State, that it will not remove any actions against it into the United States Circuit Court is void and such action may be removed. Ins. Co. v. Morse, 20 Wall. 445. But if the company does so remove a cause the State may revoke its license for it to do business therein. State v. Doyle, 40 Wis. 175; 8. C., 22 Am. Rep. 692. When foreign insurance companies are required to do some act as a condition of doing business in a State, failure to do such act will not avoid its contracts. Huntiey v. Merrill, 32 Barb. 626; Cincinnati Co. v. Rosenthal, 8 Am. Rep. 626; S. C., 55 III. 85; Thorne v. Travellers' Ins. Co., 21 Am. Rep. 89; S. C., 80 Penn. St. 15; Columbus v. Walsh, 18 Mo. 220; Hartford Live Stock Co. v. Matthews, 102 Mass. 221; Union Mut. Ins. Co. v. McMullen, 24 Ohio St. 67; Clay F. Ins. Co. v. Huron, 31 Mich. 346; Hyde v. Goodnow, 3 N. Y.266. But if the statute is absolutely prohibitory, the contracts are not enforceable by either party. Rising Sun Ins. Co. v. Slaughter, 20 Ind. 520; Franklin Ins. Co. v. Packet Co., 9 Bush, 590; Thorne v. Travellers' Ins. Co., 21 Am. Rep. 89. CHAP. 79. AN ACT supplementary to chapter sixty of the laws of eighteen hundred and thirteen, entitled "An act to provide for the incorporation of religious societies." PASSED March 29, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: office of SECTION 1. Trustees elected under the provisions of section three of Term of chapter sixty of the laws of eighteen hundred and thirteen, entitled trustees. "An act to provide for the incorporation of religious societies," shall hold their offices during the term for which they were elected, and until their successors are chosen. ship, when declared vacant. §2. Whenever a trustee elected under the provisions of said section Trusteethree of the above-mentioned act ceases to be a member of the church, to be congregation or society, by removal or otherwise, or ceases to statedly attend upon and support its services, he shall at the same time, and for such cause, cease to be a trustee, and his place shall be declared vacant by a notice of the board of trustees to the church, congregation or society, and said church, congregation or society, shall proceed to fill the vacancy, as provided for in the above-mentioned act. and Amended §3. Any corporation organized in accordance with the provisions Bequests of said section three of the above-mentioned act, may take and receive devises. by bequest or devise any real or personal estate, the net annual income by ch. 443, of which shall not exceed twelve thousand dollars, subject, however, Laws 1875. to the provisions of chapter three hundred and sixty of the laws of eighteen hundred and sixty, entitled "An act relating to wills." adminis §4. The trustees of any church, congregation or religious society, Temporali incorporated under said section three of the above-mentioned act, shall ties, how administer the temporalities thereof, and hold and apply the estate tered. and property belonging thereto, and the revenues of the same, for the benefit of such corporation, according to the discipline, rules and usages of the denomination to which the church members of the corporation belong; and it shall not be lawful for the trustees to divert Pew rent. Jurisdic tion of courts of equity. Account and inven tory. such estate, property, or revenues to any other purpose except toward the support and maintenance of any religious, benevolent, or other institution connected with such church, congregation or religious society. § 5. Each and every of the corporations aforesaid may receive, use and apply all rents or income derived from pews, in addition to the annual income limited by the aforesaid act, or any amendment thereof. § 6. The jurisdiction of courts of equity in this State is hereby extended over such corporations, so far as may be necessary to enforce the provisions of this act. §7. No religious corporation shall be deemed to be dissolved for any neglect hitherto to exhibit an account or inventory of which real and personal estate and the annual income thereof, provided that such account or inventory shall be exhibited within three years from the passage of this act. §8. This act shall take effect immediately. Ante, vol. 3, p. 687; sec. 1 amended by L. 1879, post, p. 800. For amendment to sec. 3, see post, p. 150. For act of 1860, see vol. 4, ante, p. 504. CHAP. 87. AN ACT providing for the appointment of additional notaries public. PASSED April 1, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The Governor is hereby authorized and empowered by and with the consent of the Senate, to appoint in each county, except the city and county of New York, notaries public equal to ten for each Assembly district, and in said city and county two hundred and fifty notaries public, in addition to the number now allowed by law; provided, however, that in each county, which is a single Assembly district, the additional number of notaries public be fifteen. And hereafter at the time of subscribing or filing the oath of office, the county clerk of each county, and the clerk of the city and county of New York shall collect from the person appointed the sum of fifty cents, and the said clerks respectively shall annually account therefor to the State Treasurer. § 2. All acts and parts of acts inconsistent with this act are hereby repealed. §3. This act shall take effect immediately. As to number of Notaries "now allowed by law," see ante, vol. 6, pp. 169 and 226; vol. 7, pp. 102, 312, 438 and 769; vol. 9, p. 859. See also post, p. 285. The above act was amended in 1879, post, p. 742. CHAP. 88. AN ACT in relation to mortgages made by manufacturing companies. PASSED April 1, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: sent of ers nunc pro tunc. SECTION 1. In all cases where a corporation has heretofore executed Filing cona mortgage upon any of its real estate, and the written consent of per- stockholdsons owning two-thirds or more of the capital stock of such corporation shall have been given to the mortgaging of such real estate, at or before the time of the giving of such mortgage, but from accident or mistake the said consent has not been filed in the office of the clerk of the county in which such real estate is situated, as required by law, it shall be lawful for the clerk of such county to receive and file in his office the written consent so given, accompanied by the affidavit of any officer or stockholder of such corporation showing that such consent was in fact made and signed, at the time the same purports to have been made and signed, and that the signatures thereto are genuine, and in such case on filing such consent and affidavit, the said mortgage shall have the like validity and effect from and as of the time of the filing of such consent and affidavit as if the same had been given at that time and had been accompanied or preceded by the filing of such consent; provided that nothing herein contained shall affect any action or legal proceeding now pending, or impair any intermediate right acquired by lien or otherwise in or to the property of the corporation affected by such mortgage. § 2. This act shall take effect immediately. Ante, vol. 3, p. 732; vol. 6, p. 300; vol. 7, p. 467. CHAP. 91. AN ACT empowering the Commissioners, appointed to investigate the affairs of the canals of the State in pursuance of a joint resolution of the Senate and Assembly of eighteen hundred and seventy-five, to compel the attendance of witnesses, and fixing the compensation of such commissioners. PASSED April 2, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: nesses. SECTION 1. Either of the Commissioners appointed, or who may May subhereafter be appointed to investigate the affairs of the canals of the poena wit State in pursuance of a joint resolution of the Senate and Assembly of eighteen hundred and seventy-five, shall have power to issue subpoenas requiring the attendance of witnesses and the production of books and |