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of eighteen hundred and forty-seven, entitled "An act authorizing
visors in relation to cemeteries.
Passed, three-fifths being present.
Section 1. Section three of chapter one hundred and thirty-three of the laws of eighteen hundred and forty-seven, as amended by chapter three hundred and eighty-nine of the laws of eighteen hundred and eighty-nine, is hereby amended to read as follows:
3. It shall not be lawful for any rural cemetery hereafter incorporated under the act hereby amended, to take by deed, devise or otherwise, any land in either of the counties of Westchester, Kings, Queens, Rockland or Suffolk, or set apart any ground for cemetery purposes therein, without the consent of the board of supervisors of such county first had and obtained as provided for by this act; nor shall it be lawful for any person or incorporation not incorporated under said act to take, as aforesaid, or set apart or use any land or ground in either of said counties for cemetery purposes without the consent of the board of supervisors of such county first had and obtained in like manner as provided for in this act; and said board of supervisors in granting such consent may annex thereto such conditions, regulations and restrictions as such board may deem the public health or the public good to require.
§ 2. This act shall take effect immediately.
Powers of board of supervisors.
Chap. 13. · AN ACT to amend the banking law, in relation to the salary of
Passed, three-fifths being present.
Section 1. Section three of chapter six hundred and eighty-nine of the laws of eighteen hundred and ninety-two, entitled "An act in relation to banking corporations," and known as the banking law, is hereby amended so as to read as follows:
83. The banking department; superintendent. There shall continue to be a banking department charged with the execution of the laws relating to the corporations and individuals to which this chapter is applicable. The chief officer of such department shall continue to be the superintendent thereof, to be known as the superintendent of banks, who shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold his office for the term of three years. He shall not either directly or indirectly be interested in any such corporation, or as an individual banker. He shall receive an annual salary of seven thousand dollars, to be paid monthly in the first instance out of the treasury on the warrant of the comptroller. He shall, within fifteen days from the time of notice of his appointment, take and subscribe the constitutional oath of office and file the same in the office of the secretary of state, and execute to the people of the state a bond in the penalty of fifty thousand dollars, with two or more sureties to be approved by the comptroller and treasurer of the state, conditioned for the faithful discharge of the duties of his office.
§ 2. This act shall take effect immediately.
Chap. 136. AN ACT to amend the real property law, relating to uses and trusts. Became a law March 30, 1897, with the approval of the Goverpor.
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 eighty-five of the real property law is hereby amended so as read as follows: $ 85. When trustee may convey trust property.- If the trust is expressed in the instrument creating the estate, every sale, conveyance or other act of the trustee in contravention of the trust, except as provided in this section, shall be absolutely void. The supreme court may by order, on such terms and conditions as seem just and proper, authorize any such trustee to mortgage or sell such real property or any part thereof whenever it appears to the satisfaction of the court that said real property, or some portion thereof, has become so unproductive that it is for the best interest of such estate or that it is necessary or for the benefit of the estate to raise funds for the purpose of preserving it by paying off incumbrances or of improving it by erecting buildings or making other improvements, or that for other peculiar reasons, or on account of other peculiar circumstances,
Vol. I. 7
it is for the best interest of said estate, and whenever the interest of the trust estate in any real property is an undivided part or share thereof, the same may be sold if it shall appear to the court to be for the best interest of such estate.
§ 2. Section eighty-seven of the real property law is hereby amended so as to read as follows:
§ 87. Notice to beneficiary and other persons interested where real property affected by a trust is conveyed, mortgaged or leased and procedure thereupon.— The supreme court shall not grant an order under either of the last two preceding sections unless it appears to the satisfaction of such court that a written notice stating the time and place of the application therefor has been served upon the beneficiary of such trust, and every other person in being having an estate vested or contingent in reversion or remainder in said real property at least eight days before the making thereof, if such beneficiary or other person is an adult within the state or if a minor, lunatic, person of unsound mind, habitual drunkard or absentee until proof of the service on such beneficiary or other person of such notice as the court or a justice thereof prescribes. The court shall appoint a guardian ad litem for any minor and for any lunatic, person of unsound mind or habitual drunkard who shall not be represented by a committee duly appointed. The application must be by petition duly verified which shall set forth the condition of the trust estate and the particular facts which make it necessary or proper that the application should be granted. After taking proof of the facts, either before the court or a referee and hearing the parties and fully examining into the matter, the court must make a final order upon the application. In case the application is granted, the final order must authorize the real property affected by the trust or some portion thereof, to be mortgaged, sold or leased, upon such terms and conditions as the court may prescribe. In case a mortgage or sale of any portion of such real property is authorized, the final order must direct the disposition of the proceeds of such mortgage or sale and must require the trustee to give bond in such amount and with such sureties as the court directs, conditioned for the faithful discharge of his trust and for the due accounting for all moneys received by him pursuant to said order. If the trustee elects not to give such bond, the final order must require the proceeds of such mortgage or sale to be paid into court to be disposed of or invested as the court shall specially direct. Before a mortgage, sale or lease can be made pursuant to the final order, the trustee must enter into an agreement therefor, subject to the approval of the court and must report the agreement to the court under oath. Upon the confirmation thereof, by order of the court he must execute as directed by the court a mortgage, deed or lease. A mortgage, conveyance or lease made pursuant to a final order granted as provided in this and the last two preceding sections shall be valid and effectual against all minors, lunatics, persons of unsound mind, habitual drunkards and persons not in being interested in the trust or having estates vested or contingent in reversion or remainder in said real property, and against all other persons so interested or having such estates who shall consent to such order, or who having been made parties to such proceeding as herein provided, shall not appear therein and object to the granting of such order.
§ 3. This act shall take effect immediately.
Chap 138. AN ACT to amend the public health law, relating to local boards
of health. Became a law March 30, 1897, with the approval of the Governor.
Section 1. Section twenty-two of chapter six hundred and sixtyone of the laws of eighteen hundred and ninety-three entitled " An act in relation to the public health, constituting chapter twentyfive of the general laws," as amended by chapter six hundred and seventy-nine of the laws of eighteen hundred and ninety-four, is hereby amended to read as follows:
$ 22. Vital statistics.- Every such local board shall supervise and make complete the registration of all births, marriages and deaths occurring within the municipality, and the cause of death and the finding of coroners' juries, in accordance with the methods and forms prescribed by the state board of health, and, after registration, promptly forward the certificates of such births, marriages and deaths to the state bureau of vital statistics. Every physician or midwife attending at the birth of a child, and no physician or midwife being in attendance, the parent or custodian of a child born, and every groom, officiating clergyman or magistrate at every marriage shall cause a certificate of such birth or marriage to be returned within thirty days thereafter to the local board of health or person designated by it to receive the same, which shall be attested, if a birth, by the physician or midwife, if any in attendance, no physician or midwife being in attendance, by the parent or custodian of a child born, and, if a marriage, by the officiating clergyman or magistrate. The person making such certificate shall be entitled to the sum of twenty-five cents therefor, which shall be a charge upon, and paid by the municipality where such birth, marriage or death occurred. The cost of such registration, not exceeding
twenty-five cents for the complete registered record of a birth, marriage or death, shall be a charge upon the municipality. The charge for a copy thereof shall be fixed by the board, not exceediing the same sum for a complete copy of a single registered record and the additional sum of twenty-five cents if certified to. Such copies shall be furnished upon request of any person, and when certified to be correct by the president or secretary of the board or local registering officer designated by it shall be presumptive evidence in all courts and places of the facts therein stated.
2. This act shall take effect immediately.
hundred and seventy-seven of the laws of eighteen hundred and
Passed, a majority being present.
Assembly, do enact as follows:
Section 1. Section three of chapter three hundred and seventyseven of the laws of eighteen hundred and ninety-six is hereby
amended so as to read as follows: Powers of
§ 3. Such trustees may take, hold and convey by and under the direction of such lodge, chapter, commandery, consistory, council, temple or post, all the temporalities and property belonging thereto, whether real or personal, and whether given, granted or devised directly to it or to any person or persons for it, or in trust for its use and benefit, and may sue for and recover, hold and enjoy all the debts, demands, rights and privileges, and all buildings and places of assemblage, with the appurtenances, and all other estate and property belonging to it in whatsoever manner the same may have been acquired, or in whose name soever the same may be held, as fully as if the right and title thereto had been originally vested in them; and may purchase and hold for the purpose of the lodge, chapter, commandery, consistory, council, temple or post or other real and personal property, and demise, lease and improve the same. They may also issue their bonds or other evidences of indebtedress in such amounts and for such time and in such form as they shall determine for the exclusive purpose of raising money to pay for
any real estate purchased and held by them, and for the improveMortgag- ment of the same, as hereinabove provided, and may mortgage such
real estate to a trustee or trustees named by them, for the purpose property
Issue of bonds.