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religious

tion and

It shall have all the powers and be subject to all the restric- Powers of tions which now pertain by law to religious corporations created corporation. under the religious corporation law, so far as the same are applicable thereto and are not inconsistent with the provisions of this act. The persons named in the first section of this act shall Trustees. constitute the trustees of said corporation until their successors are elected, and they or a majority of them shall hold a meeting and adopt a constitution and by-laws not inconsistent with the constitu- Constitution and laws of this state. The constitution shall prescribe the by-laws. number and by whom the business and affairs of the corporation shall be managed, the number of trustees of said corporation, the qualifications, powers and the manner of selection of the trustees and officers of the corporation, the manner of amending the constitution and by-laws, of the corporation and any other provisions for the management and disposition of the property and regulation of the affairs of the corporation which may be deemed expedient. § 3. This act shall take effect immediately.

CHAPTER 463

AN ACT to incorporate Saint Nicholas Catherdral of the Russian Orthodox
Church of North America.

Became a law April 8, 1925, 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:

Duration.

Section 1. Platon Th. Rozdestvensky, Benjamin G. Basalyga, John CorporN. Telep, Serge A. Ughet, Valerian E. Greaves, Theodore N. Bre- ators. vern, Simon A. Bolan, Victor J. Stalevsky and Alexander J. Makarevich and their successors, who shall be appointed or elected as hereinafter prescribed, are hereby created a body politic and corporate under the name and style of Saint Nicholas Cathedral of the Corporate Russian Orthodox Church in North America, and by that name shall name. have perpetual succession and be capable of suing and being sued, Powers. and of acquiring, taking and holding in trust or otherwise, by purchase, gift, grant, devise or bequest (subject, however, to all provisions of law relating to devises or bequests by last will and testament) all and any estate or property real or personal necessary or proper for all or any of the objects or purposes of the said corporation, and to sell, convey or otherwise dispose of the same; and the said corporation shall have all the powers, and be subject to the provisions, so far as they may be applicable and not inconsistent with this act, of sections ten, eleven, twelve, thirteen and fourteen of the general corporation law.

§ 2. The object and purpose of the said corporation shall be the object. acquiring, maintaining and management of a cathedral church and its appurtenances in the city of New York as a central place of worship of the Russian Orthdox Church in North America, in accordance with the doctrine, discipline and worship of the Holy Apostolic Catholic Church of Eastern Confession as taught by the

Trustees.

Constitution, statutes

and by

laws.

Access to cathedral

free.

Saint
Nicholas
Church

property

to new corporation.

holy scriptures, holy tradition, seven oecumenical councils and holy fathers of that church; together with the residence of the ruling archbishop of the Russian Orthodox Church in North America, and such incidental cathedral foundations, schools, faculties and other religious, charitable and educational work as may be properly connected therewith in and for the said Russian Orthdox Church in North America.

§ 3. The persons named in the first section of this act, shall be and are hereby constituted the first trustees of the said corporation, and they shall hold office and have power to fill vacancies in their own number, until their successors shall be appointed or elected, under the constitution to be adopted as hereinafter prescribed; provided, however, that the ruling archbishop of the said Russian Orthodox Church in North America, exercising jurisdiction as such, for the time being, shall always be ex-officio a member and trustee and the official head and presiding officer of the said corporation.

§ 4. The said corporation shall have power to adopt a constitution, prescribing the number of trustees, in addition to the said archbishop, of whom at least five shall be laymen, and the mode of appointing or electing the said trustees; and to amend such constitution in the mode it shall prescribe for its amendment; and the said corporation shall also have power to enact statutes or by-laws not inconsistent with such constitution, for the government, regulation and management of the said corporation, its officers, business, property and affairs, and the same from time to time to amend, repeal or modify; provided, however, that such constitution, statutes and by-laws, shall not be inconsistent with this act, or with any law of the state.

§ 5. The access to said cathedral for worship shall always be free for all worshippers.

§ 6. The religious corporation known under the name of Russian Orthodox Saint Nicholas Church in New York organized and existmay convey ing under the religious corporation law of the state of New York or any other religious corporation holding or claiming any interest in any real or personal property shall be and is hereby authorized, by its trustees or trustee for a nominal or other consideration to sell, convey, assign and transfer to the Saint Nicholas Cathedral of the Russian Orthodox Church in North America any or all of the real or personal estate of the said Russian Orthodox Saint Nicholas Church in New York or other such corporation.

§ 7. This act shall take effect immediately.

CHAPTER 464

AN ACT to revive the Saint Andrew's Society of the city of Schenectady, to extend its corporate existence, and authorizing such corporation to purchase, hold and convey real and personal property.

Became a law April 8, 1925, 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. The Saint Andrew's Society of the city of Schenectady, a corporation, as the same was established by chapter sixty-seven of the laws of eighteen hundred and seven, is hereby revived and such chapter, as the same was revived and modified by chapter four hundred and thirty-seven of the laws of eighteen hundred and seventy, shall continue in full force and effect perpetually after this act takes effect and such corporation shall thereafter continue in existence in perpetuity; but, notwithstanding the provisions of such chapters, such corporation may hereafter purchase, hold and convey real and personal property, for the use of such corporation.

§ 2. This act shall take effect immediately.

CHAPTER 465

AN ACT to amend the town law, in relation to the compensation of assessors. Became a law April 8, 1925, 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:

§ S5,

Section 1. Subdivision c of subdivision one of section eighty- L. 1909, five of chapter sixty-three of the laws of nineteen hundred and ch. 63, nine, entitled "An act in relation to towns, constituting chapter subd. 1, sixty-two of the consolidated laws," as last amended by chapters subd. c one hundred and seventy-five and five hundred and forty-three of the laws of nineteen hundred and twenty-three,1 is hereby amended to read as follows:

3

c. The town board of any town may, by resolution, fix the compensation of the assessors in such town at more than three but not more than five dollars per day each or2 the town board of any town in Rockland, Erie, Broome, and Schenectady counties may fix the compensation of the assessors in such town at an annual amount. The town board may, in addition to such compensation, audit the claims of assessors for traveling and other expenses necessarily incurred in the peformance of their duties.

§ 2. This act shall take effect immediately.

*So in original. [Word misspelled.]

1 Previously amended by L. 1915, ch. 452; L. 1917, ch. 572.

2 Word "or

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4 Words Erie, Broome and Schenectady counties," new.

amended.

L. 1909,
ch. 63,
§ 299a
amended.

CHAPTER 466

AN ACT to amend the town law, in relation to the establishment of a water district and the construction of a water supply system therein in towns within certain counties.

Became a law April 8, 1925, 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:

66

Section 1. Section two hundred ninety-nine-a of chapter sixtythree of the laws of nineteen hundred and nine, entitled An act relating to towns, constituting chapter sixty-two of the consolidated laws," as added by chapter five hundred twenty-three of the laws of nineteen hundred nineteen and amended by chapter four hundred fifty-one of the laws of nineteen hundred twentyone, is hereby amended to read as follows:

2

§ 299-a. Establishment of water district and construction of water supply system therein.1 After the establishment of a water district and the construction of a water supply system therein in any town adjoining an incorporated city of the first class, or in any town within a county having a population of more than three hundred and fifty thousand, according to the last federal or state census, or enumeration, adjoining a city of the first class having a population of one million and upwards, upon the petition of a majority of the owners of taxable real property within a proposed extension of said district, as appears by the last preceding completed assessment roll, the water commissioners of said district may with the consent of the town board enlarge said district to take in the territory comprising such outside real estate and extend the water supply system therein. The petition must describe the proposed extension of said district and state the maximum amount proposed to be expended in the construction of the enlargement of the water supply system in such added territory and must be signed by the petitioners and acknowledged in the same manner as a deed to be recorded. The petition shall also be accompanied by a map and plan prepared by a competent engineer, showing the proposed enlargement of the water district and water supply system, which map shall be filed as prescribed in section two hundred and eightythree for the filing of the map of the original district. A notice of such petition shall be given and a hearing and determination had by and before the water commissioners in the manner, as nearly as may be as is provided in section two hundred and eightyfive. The determination, if favorable to the petitioners, shall be approved by the town board at any regular or special meeting to the effect that the water district and the water supply system therein shall be enlarged in accordance with the petition.3

1 Section heading formerly read: "Enlargement of water district.”
2 Section to here materially amended.

3 Words " Every petition made, as provided in this section, shall contain a statement conspicuously printed or written thereon as follows:

"The cost of the enlargement of said district and of said water supply system within such added territory shall be levied and assessed from year to year upon the lands within such added territory in proportions as nearly as may be to the benefit which each lot or parcel will derive therefrom," omitted.

All the provisions in this article in relation to contracts for the construction of the original water system in such water districts and the issue and sale of bonds therefor and the payment of such bonds shall apply to the enlargement of such water district and water supply system as authorized in this section." When the town board has approved the determination of said water commissioners, the said water commissioners shall thereupon and from time to time thereafter, as often as is necessary, make such reasonable rules and regulations for the supplying of water to such new territory and the collection of the reasonable cost thereof as may be necessary. Such water district may be enlarged as provided herein as often as may be desired. The reasonable expenses of the necessary proceedings on the enlargement of such water district, as herein prescribed, are a charge against such added territory to be levied and collected in the same manner as the cost of the construction of the enlargement of the water supply system. If the petition is not granted the persons who signed the same are jointly and severally liable for such expenses. At any time after the town board has made an order enlarging such water district or the water supply system as herein provided, the maximum amount proposed to be expended in the construction of the enlargement of such water supply system may be increased by a petition of a majority of the owners of taxable real property therein, as appears by the last preceding completed assessment roll setting forth the additional amount proposed to be expended in excess of the maximum amount set forth in the original petition. Such petition must be signed and proved or acknowledged in the same manner as the original petition for such enlargement and shall be filed in the office of the town clerk. The provisions of this section shall not apply to the enlargement of any water district within the limits of an incorporated village. § 2. This act shall take effect immediately.

CHAPTER 467

AN ACT to amend the town law, in relation to the supervision and extension of a water supply system in a water district in towns within certain counties.

Became a law April 8, 1925, 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 two hundred and ninety-six-a of chapter L. 1909, sixty-three of the laws of nineteen hundred and nine, entitled "An 296a

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4 Remainder of sentence omitted which read: except that the total cost thereof shall be levied and assessed as stated in said notice against the real property included within such added territory."

5 Words "a majority of the owners of" substituted for words "owners of real property in said added territory representing more than one-half in value of the."

ch. 63.

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amended.

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