trustees. Gifford, Eleazer Greene, Junior, Solomon Jones, Lucius B. Warner and William H. Proudfit, and their successors, as trustees. The Number of number of said trustees shall be seven, and they must all be residents of the village of Jamestown, New York, and any vacancies in their number, occurring by reason of death, resignation, incapacity, removal from the village of Jamestown, or from any other cause, shall be filled by persons to be appointed by the remaining trustees or a majority of them, at any meeting of said trustees, regularly called, pursuant to the by-laws of said association. Such appointments shall be in writing, signed by the trustees making the same, and shall be filed by the secretary of said board of trustees, and no appointment to fill a vacancy shall be effective until the person appointed shall file a written acceptance of such appointment with the secretary of said board Vacancies, of trustees. In case the said trustees shall neglect to fill any vacancy how filled. for the period of six months after the same shall occur, the supreme May court shall have power to fill the same upon the application of any resident freeholder of the village of Jamestown, New York, upon due notice being given, in writing, of at least thirty days, to the remaining trustees, if there are any, and if there are none remaining upon whom such notice can be served, then such notice shall be served by publication, once in each week for six successive weeks, in a newspaper published in the said village of Jamestown, and having a general circulation. § 3. Said association is hereby empowered to receive from Alexander T. Prendergast, and Mary A. Prendergast, his wife, a conveyance in fee simple, of the building, lands, and premises situate on the corner of Main and West Third streets, in Jamestown, Chautauqua county, New York, known as the "Prendergast building," and to hold the donations. same for the purpose of establishing and maintaining a public reference and circulating library, according to the terms and provisions of this act. And said association may also take and hold any additional or further donations, grants, devises, bequests, or general or specific endowments, which may be made in further aid or support of said library, and the objects of said association by Alexander T. Prendergast or Mary A. Prendergast, or by any government or public institution. Income, how invested. § 4. The rents and income issuing from said "Prendergast building," ," and also the funds accruing from all other sources, shall be invested at least twice in each year, in bonds bearing interest, and secured by mortgages upon productive real estate, except such amounts as shall be necessary for the improvement, care, repair and insurance of the property of said association, and shall be kept so invested until the property of the association (not including said Prendergast building) shall amount to one hundred thousand dollars, at which time, seventy-five thousand dollars thereof shall be expended in purchasing a site in the village of Jamestown, New York, and in the erection and preparation of a fire-proof library building thereon, not more than ten thousand dollars shall be expended in the purchase of the site. The remaining twenty-five thousand dollars shall be kept invested as above provided, and the interest thereon shall be used and expended to aid in repairing, maintaining, improving, heating, lighting and caring for the said "James Prendergast Library Association building," and in paying the necessary employees and attendants, and should the interest on said twenty-five thousand dollars be insufficient for these purposes then the deficiency shall be supplied from the rents and income from said Prendergast building, accruing subsequently to the accumulation of the one hundred thousand dollars, and from any other property or the rents and income thereof, which said association may hold, and such a share of the remainder of said rents and income as said trustees shall deem advisable, shall be used from time to time in purchasing books, works of art, drawings, maps, charts, paintings, engravings, statuary and such other material as is necessary and suitable to be placed in said library building, and in gradually enlarging and improving the said library in its different departments and in defraying the necessary expenses of insuring, keeping in repair and properly caring for the property of said association and in providing for the accommodation of those resorting to said library. The remainder of said rents and income if any there be, and any other property which said association shall hold, shall be placed at interest from time to time, but not for longer periods than five years, and be allowed to accumulate as a fund for purchasing additional ground, building additions to the library building or rebuilding the same or the "Prendergast building" in the event of the partial or total destruction of either by fire or otherwise. Should said association receive by grant or devise, or in any other way, a suitable site for said library building, before the accumulation of the one hundred thousand dollars as above provided for, then the value of such site shall be considered as a part of such accumulation, and the balance of said seventy-five thousand dollars, after deducting the value of such site, shall be expended in the erection and preparation of the library building. § 5. The said trustees and their successors shall have full power and Power of authority to make such regulations and ordinances from time to time, trustees. as they may think proper for the good order and convenience of those who may resort to said library or use the same, and to make such bylaws as they shall deem suitable for conducting the business of the association, and for the protection and preservation of its property. To appoint, direct, control and at their pleasure remove a superintendent of the library and all librarians and other persons necessary to be employed about the same, and in general to have and use all powers and authority necessary for the promotion of the objects of the association. be free. § 6. The said library shall be accessible at all reasonable hours and Library to times for general use, free of expense to persons resorting thereto, subject to such control and regulation as the said trustees may, from time to time, exercise and establish for general convenience and for the care and protection of the property of the association. And also providing that no books belonging to the reference library, shall be removed from the library association building, and no books belonging to the circulating library, shall be loaned to any person to be removed from the village of Jamestown. mis § 7. The said association shall be subject to the visitation of the Subject to supreme court, for the purpose of preventing or redressing any visitation. management, waste or breach of trust. be elected. $8. The said trustees shall, within twenty days after the passage of President this act, elect one of their number to preside over the board until of board to June eighteenth, eighteen hundred and eighty, and said board shall annually, on the eighteenth day of June, and whenever that day falls on Sunday, then on the Saturday preceding, elect one of their number to preside over said board, who shall hold such office for one year and until his successor is chosen, and they may, at any time, appoint or remove a secretary, and any other officers which their business may require. The acts of a majority of the trustees at any meeting duly So in original. Trustees not to called according to the by-laws of the association, shall be valid. The receive said trustees shall not receive any compensation for their services, excompensa- cept that should one of their number be appointed secretary, he may receive a reasonable compensation therefor. tion. Exempt § 9. The property, real and personal, of the said association shall from tax. be exempt from local taxation, and it shall be the duty of the trustees to keep the same in repair, and also insured (excepting only the fire-proof library building) in good and reliable companies, and should the Prendergast building" be wholly or partially destroyed by fire or otherwise, they shall cause the same to be repaired or rebuilt, in as near its present design and appearance as possible, as soon after such injury or destruction as practicable. Report to be published. When 66 § 10. The said trustees shall, at least twice in each year, publish in a newspaper published in the village of Jamestown, New York, and having a general circulation, a report of the financial condition of the association and how its funds are secured. § 11. If any debts of said association shall not be paid out of its trustees to funds when due, the trustees voting in favor of incurring said debt, for debts. shall be individually liable for it, in such cases and to such extent as they would be if not incorporated. Public act. New office, deemed § 12. This act is hereby declared to be a public act, and shall be construed most favorably to subserve and promote the purpose and design of the association, and no misnomer of the said association in any deed, title, testament, grant or other instrument, contract or conveyance, shall vitiate the same, if the said association shall be sufficiently described therein to ascertain the intention of the parties. § 13. This act shall take effect immediately. CHAP. 4. AN ACT to declare the cases in which offices shall be deemed vacant. PASSED February 5, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. When a new office is created more than three months when to be prior to the next general election, the same shall be deemed vacant from and after the date of the creation of the same and until the same shall be filled by election or appointment. vacant. When office vacant as to ad ditional incumbent. Applies to all new offices. § 2. Whenever more than three months prior to the next general election provision is made for an additional incumbent of an office then existing, such office shall be deemed vacant as to such additional incumbent from and after the time when such provision shall take effect until the same shall be filled by election or appointment. §3. This act shall apply to all new offices heretofore created, and to all cases where provision has been heretofore made for an additional incumbent of an office then existing. § 4. This act shall take effect immediately. 4 CHAP. 5. AN ACT to authorize the president, treasurer and secretary of any railroad company to issue certificates of stock in certain cases after a foreclosure and sale of the property and franchises of the corporation. PASSED February 5, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows: president, tificates of SECTION 1. The president, treasurer and secretary of any railroad When company organized under the laws of this State, or either of them, etc, to whose property and franchises have been sold under a foreclosure of issue cerany mortgage given to secure the payment of any bond or bonds stock. issued by such company, are hereby authorized and required after such foreclosure and sale upon demand of any individual or any duly authorized officers of any corporation, town, county or city entitled thereto, to issue certificates of stock in said railroad company, provided, when any such individual or the proper officers of any corporation, county, town or city duly authorized so to do, have subscribed. to the stock of such railroad company and paid the amount of such subscription to the officers of such railroad company, either in money or bonds before the date of such foreclosure and sale, and a certificate of stock through the neglect of such railroad company or of any individual or the officers of any town, county, city or corporation has not been issued and delivered to said subscriber or the officers of any corporation, town, county or city for the amount of money or both so subscribed and paid. certifl § 2. All certificates of stock issued under the authority of the first Effect of section of this act shall have all the force and effect, and shall give cates. the holder all the rights which would pertain thereto as if said stock had been issued at the date and payment of the subscription thereto. § 3. This act shall take effect immediately. T CHAP. 6. AN ACT to authorize the common council of the city of Lockport to raise, by tax, and disburse money in providing a system of fire alarm for said city of Lockport. PASSED February 9, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: alarm. SECTION 1. The common council of the city of Lockport may, in $4,000 tax the year eighteen hundred and eighty, raise by general tax on the fore property of said city, at the same time and in the like manner with the other taxes raised therein in said year, the sum of four thousand dollars, or so much thereof as may be necessary, to be used and expended in purchasing, providing and putting in operation in said city a system of fire alarm. May contract for same im § 2. The said common council may proceed immediately to contract for the furnishing and putting in operation such system of fire alarm mediately. as they may determine to purchase, and may contract that the same shall be delivered to said city, put up and in good working order, at any time specified before the collection of the tax in the foregoing section authorized; and said common council are hereby authorized to order a warrant or warrants drawn upon the treasurer and tax receiver of said city in payment thereof, in like manner as other warrants are drawn, but to be made payable on the fifteenth day of October, in the year eighteen hundred and eighty, and not to exceed in amount the sum authorized to be raised by the foregoing section. § 3. Such system of fire alarm, and all the parts and appendages of the city. thereof, when so purchased and put up, shall be the property of the city of Lockport, and shall be kept, used and maintained as a part of the fire department of said city, under the charge and direction of the common council. To be the property Corporators. Name. Trustees. when to be held. Trustees, term of office of. § 4. This act shall take effect immediately. CHAP. 7. AN ACT to incorporate the fire department of the village of Medina. PASSED February 10, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. All such persons as are now or hereafter shall be members of each and every fire company organized and to be organized, by the board of trustees of the village of Medina, under the charter of said village, shall be and continue a body corporate by the name of "The Fire Department of the village of Medina," and they and their successors by the said name are authorized to purchase, receive by gift, or otherwise, hold and convey any real or personal property for the use of said corporation, not exceeding in value the sum of ten thousand dollars. § 2. There shall be a board of trustees who shall have the management of the affairs and property of the said corporation, and such other powers, and subject to such other obligations as are hereinafter provided. Election, § 3. The said several fire companies shall, on the third Monday in February next, and on said day in each year thereafter, hold an election, and thereat elect one trustee as a member of the board of trustees of said department. The trustees shall be divided into two classes, one trustee in each class, and shall hold their office for the term of two years respectively; but at the first election under this act eight trustees shall be elected, two from each company, one for one year and one for two years. At each annual election thereafter, one trustee from each fire company shall be elected, and shall hold their office for two years, and the persons thus elected, together with the chief engineer and assistant engineer, shall form the said board of trustees, and said body shall, out of their own body, on the first Monday in March in each year, which day is designated for their annual meeting, choose by ballot a president, a vice-president, a secretary and Board of trustees. a treasurer. |