Sidepaths (L. 1899, ch. 152), § 11.

structed and hereafter to be constructed in this state are hereby placed under the control and direction of the boards of sidepath commissioners of the various counties in which they are located. In every county in which a county engineer is now, or shall hereafter be appointed, pursuant to the provisions of the highway law, all the rights, duties, powers and authority conferred or imposed by this act or any other statute upon the board of sidepath commissioners shall be vested in and performed by the said county engineer, and no sidepath commissioners shall be appointed in any county having such county engineer. In any county in which a county engineer has heretofore been appointed the board of sidepath commissioners shall turn over to said county engineer all the records, books and property of the said board on the first day of June, nineteen hundred and four, whereupon the powers and duties of said board of sidepath commissioners shall cease; and in any county not now having a county engineer, in which a county engineer shall hereafter be appointed, the said commissioners for said county within ten days after such appointment shall turn over to said county engineer all the records, books and property of said board, and thereupon the powers and duties of such commissioners shall cease; but said commissioners shall forthwith file a final report of their transactions down to the transfer to the county engineer, accompanied with vouchers as required for their annual reports. All the provisions of law relating to the acts or determinations of boards of sidepath commissioners are hereby made applicable to the acts and determinations in the premises of said county engineer. The said county engineer shall keep a record of his acts, transactions and determinations in relation to the sidepaths, and of all expenditures by him, stating the locality and character of repairs, additions or alterations to sidepaths in said county, with the amounts expended therefor, and said county engineer is authorized to employ such servants, employes and clerks as may be necessary to carry out the provisions of this act, but within the limitations of section four of this act. (Amended by L. 1900, ch. 640, and by L. 1904, ch. 342, in effect June 1, 1904.)

§ 11. Penalties; power of sheriffs. Any person who rides a bicycle on any sidepath in this state in violation of any of the sections of this act, or does any of the acts by the provisions of this law forbidden, is guilty of a misdemeanor, and shall be punishable by a fine of not less than five nor more than twenty-five dollars, and in

Steamboat facilities, L. 1903, ch. 121.

case of failure to pay any fine that may be imposed, such person may be committed to jail not exceeding one day for each dollar of such fine. The sheriff of any county, and all deputy sheriffs appointed by him, are authorized to do all the acts and perform all the duties with respect to violations of this act, that constables may do or perform; and shall be entitled to receive the same fees that constables receive for such services, to be audited and paid in the same manner that constables' fees for such services are audited and paid. (Amended by L. 1900, ch. 640, and L. 1902, ch. 305, in effect April 2, 1902.)

See C. & G.'s General Laws, etc., p. 411.

(2) Steamboat Facilities.

L. 1903, ch. 121. An act to afford the same facilities to passengers for the transportation of bicycles by steamboats as is afforded by railroads. [In effect April 3, 1903.]

§ 1. Duty of steamboat owners or lessees. It is hereby made the duty of the owners or lessees of any steamboat, or line of steamboats, except ferry boats navigating the Hudson river, or any other waters within the jurisdiction of this state, to receive and transport the bicycle of any passenger as ordinary baggage. A check, of convenient size and form, plainly stamped with numbers, and furnished with a convenient strap, shall be affixed to such bicycle when so taken for transportation for a passenger by the agent or employe of such owners or lessees and a duplicate thereof given to the passenger or person delivering the same to him. Such bicycle shall be transported as baggage and subject to the same liabilities, and no such passenger shall be required to crate, cover or otherwise protect any such bicycle. Such bicycle shall be delivered without unnecessary delay, to the passenger, or any person acting in his behalf, at the place to which it was to be transported, or at a regular intermediate stopping place, upon notice to such agent or employe of such owners or lessees, in whose charge such bicycle shall have been given by such passenger, of not less than ten minutes, upon presentation of such duplicate check to such agent or employe of such owners or lessees.

§ 2. Intent of act. The object and intent of this act being to compel the owners or lessees of any steamboat, or line of steamboats, navigating the waters of this state to furnish, without further

Business Corporations Law (L, 1890, ch. 567), § 2.

charges other than the customary fare generally paid such owners or lessees as compensation for transporting any passenger and his ordinary baggage, the same facilities to passengers going by boat, to or from any point or points in this state, as is afforded those who go by railroad.

§ 3. Violation. Any person or persons, partnership or corporation violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than two hundred and fifty dollars, or by imprisonment in a county jail for a period of not less than thirty days, or by both such fine and imprisonment.

L. 1895, ch. 1042.

BILL OF RIGHTS.

Act to protect citizens in their rights. (C. & G. Gen. Laws, p. 417.)

Refusal to shine the shoes of a colored man. A boot blacking stand, located in the entrance of a large office building, at which all persons are served, is a place of public accommodation within the meaning of the above act. If the proprietor of such a stand refuses to shine the shoes of a colored man solely on account of his color, he is liable for the penalty thereby imposed. Burks v. Bosso, 81 App. Div., 530, 81 N. Y. Supp. 384.

BUSINESS CORPORATIONS.

The Business Corporations Law. (L. 1890, ch. 567.)

§ 2. Incorporation. Three or more persons may become a stock corporation for any lawful business purpose or purposes other than a moneyed corporation, or a corporation provided for by the banking, the insurance, the railroad and the transportation corporation laws, by making, signing, acknowledging and filing a certificate which shall contain:

1. The name of the proposed corporation.

2. The purpose or purposes for which it is to be formed.

3. The amount of the capital stock, and if any portion be preferred stock, the preferences thereof.

4. The number of shares of which the capital stock shall consist, each of which shall not be less than five, nor more than one hundred dollars, and the amount of capital not less than five hundred dollars, with which said corporation will begin business.

Business Corporations Law (L. 1890, ch. 567), §§ 6, 9.

5. The city, village or town in which its principal business office is to be located. If it is to be located in the city of New York, the borough therein in which it is to be located.

6. Its duration.

7. The number of its directors, not less than three.

8. The names and postoffice addresses of the directors for the first year.

9. The names and postoffice addresses of the subscribers to the certificate, and a statement of the number of shares of stock which each agrees to take in the corporation.

If meetings of the board of directors are to be held only within the state the certificate or by-laws must so provide. The certificate may contain any other provision for the regulation of the business and conduct of the affairs of the corporation and any limitation upon its powers, and upon the powers of its directors and stockholders which does not exempt them from any obligation or from the performance of any duty imposed by law. (Amended by L. 1895, ch. 671; L. 1896, chs. 369 and 460; L. 1901, ch. 520; L. 1903, ch. 525, and L. 1904, ch. 446, in effect April 27, 1904.)

Natural gas corporations. A corporation organized for the purpose of boring natural gas well and piping and delivering the gas to consumers for hire is a business corporation and properly incorporated under this act. Wilson v. Tennent, 61 App. Div. 100, 70 N. Y. Supp. 2.

Subscriptions to stock. The signers of a paper whereby they agree to "subscribe" for a certain number of shares in a corporation in process of formation, and to pay for their stock when called upon by the directors, are liable for the amount subscribed, although in a certificate subsequently filed, their names were not included as subscribers, and they never took any part in the formation or in the affairs of the corporation, and never demanded or were tendered the stock. Woods Motor Vehicle Co. v. Brady, 39 Misc. 79, 78 N. Y. Supp. 203.

6. Full liability corporations. (C. & G. Gen. Laws, p. 438.) Liability of stockholders. The provision of this section that “all the stockholders of the corporation shall be severally and individually liable to its creditors for all its debts and liabilities," is modified and restricted by that part of section 55 of the Stock Corporation Law (C. & G. Gen. L., p. 886), which declares that no action shall be brought to enforce the liability of a stockholder for the debts of the corporation unless an action to collect the indebtedness shall have been brought against the corporation within two years after the debt became due. Adams v. Slingerland, 87 App. Div. 312, 84 N. Y. Supp. 323.

§ 9. Submission of consolidation agreement to stockholders.— Such agreement shall be submitted to the stockholders of each of

Business Corporations Law (L. 1890, ch. 567), § 9.

such corporations, at a meeting thereof to be called upon notice of at least two weeks, specifying the time, place and object thereof, and addressed to each at his last known post-office address, and deposited in the postoffice, postage prepaid, and published for at least twosuccessive weeks in one of the newspapers in each of the counties of this state in which either of such corporations shall have its place of business, and if such agreement shall be approved at each of such meetings of the respective stockholders separately, by the vote by ballot of the stockholders owning at least two-thirds of the stock, the same shall be the agreement of such corporations, and a sworn copy of the proceedings of such meetings, made by the secretaries thereof, respectively, and attached thereto, shall be presumptive evidence of the holding and action of such meetings. Such agreement and verified copy of proceedings of such meetings shall be made in duplicate, one of which shall be filed in the office of the secretary of state, and the other in the office of the clerk of the county where the principal business office of the new corporation is to be situated in this state, and thereupon such corporations shall be merged into the new corporation specified in such agreements, to be known by the corporate name therein mentioned, and the provisions of such agreement shall be carried into effect as therein provided. If any stockholder, not voting in favor of such agreement to consolidate, shall at such meeting, or within twenty days thereafter, object to such consolidation and demand payment for his stock, such stockholder of such new corporation, if the consolidation takes effect at any time thereafter, may at any time within sixty days after such meeting apply to the supreme court at any special term thereof held in the district in which any county is situated in which such new corporation may have its place of business, upon at least eight days' notice to the new corporation, for the appointment of three persons to appraise the value of such stock, and the court shall appoint three such appraisers and designate the time and place of their first meeting, with such directions in regard to their proceedings as shall be deemed proper, and also direct the manner in which payment for such stock shall be made to such stockholder. The court may fill any vacancy in the board of appraisers occurring by refusal or neglect to serve or otherwise. The appraisers shall meet at the time and place designated, and they or any two of them, after being duly sworn honestly and faithfully to discharge their duties, shall estimate and certify the value of such stock at the