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Secretary and treasurer.

in board.

of securing the bonds or other evidences of indebtedness so issued by them. The proceeds of such bonds or other evidences of indebtedness shall be applied exclusively to pay for such real estate and the improvement thereof. Every such lodge, chapter, commandery, Rules and consistory, council, temple or post may make rule and regulations, tions. not inconsistent with the laws of this state, or with the constitution or general rules or laws of the grand lodge or other governing body to which it is subordinate, for managing the temporal affairs thereof, and for the disposition of its property and other temporal concerns and revenue belonging to it, and the secretary and treasurer se thereof, duly elected and installed according to its constitution and general regulations and law, shall, for the time being, be ex-officio its secretary and treasurer. No board of trustees for any lodge, chapter, commandery, consistory, council, temple or post filing the certificate aforesaid, shall be deemed to be dissolved for any neglect or omission to elect a trustee annually or fill any vacancy or vacancies that may occur or exist at any time in said board, but it shall and Vacancies may be lawful for said lodge, chapter, commandery, consistory, council, temple or post to fill such vacancy or vacancies at any regular communication thereafter to be held, and till a vacancy arising from the expiration of the term of office of a trustee is filled, as aforesaid, he shall continue to hold the said office and perform the duties thereof.

§ 2. Section five of the said act is hereby amended so as to read as follows:

§ 5. Such trustees shall have the care, management and control Care, etc., of all the temporalities and property of the lodge, chapter, com- erty. mandery, consistory, council, temple or post, and they shall not sell, convey, mortgage or dispose of any property except by and under its direction, duly had or given at a regular or stated communication, convocation, encampment or meeting thereof, according to its constitution and general regulations. They shall at all times Trustees to obey and abide by the directions, orders and resolutions of such ders. lodge, chapter, commandery, consistory, council, temple or post, duly passed at any regular or stated communication, convocation, encampment or meeting thereof not in conflict with the constitution and laws of this state or of the grand body to which it shall be subordinate, or of such lodge, chapter, commandery, consistory, council, temple or post. If a lodge of Free and Accepted Masons, Satisfacor a chapter of Royal Arch Masons, surrender its warrant to the debts of grand body to which it is subordinate, or is expelled or becomes sonic extinct, according to the general rules or regulations of such body, the trustees then in office shall, out of the property belonging to such lodge or chapter, satisfy all just debts due from it and transfer the residue of its property to the “ trustees of the Masonic hall Transfer of and asylum fund,” a corporation crec ted by chapter two hundred besidert v.

of prop

obey or

tion of

certain ma

lodges, etc.

and seventy-two of the laws of eighteen hundred and sixty-four, entitled “ An act to incorporate the trustees of the Masonic hall and asylum fund," and unless reclaimed by such lodge or chapter within three years from such transfer, in accordance with the constitution and general regulations of such grand body, the same, with the avails or increase thereof, shall be applied by the “ trustees of the Masonic hall and asylum fund” to the benevolent purposes for which such trustees were created in and by such act.

§ 3. This act shall take effect immediately.

Chap. 144. AN ACT to amend chapter seven hundred and twenty-three of the

laws of eighteen hundred and ninety-five, entitled “ An act in relation to religious corporations, constituting chapter forty-two

of the general laws." Became a law March 31, 1897, with the approval of the Governor.

Passed, a majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section five of said act is hereby amended to read as follows:

§ 5. General powers and duties of trustees of religious corpora. tions.— The trustees of every religious corporation shall have the custody and control of all the temporalities and property, real or personal, belonging to the corporation and of the revenues therefrom, and shall administer the same in accordance with the discipline, rules and usages of the religious denomination or ecclesiastical governing body, if any, with which the corporation is connected, and with the provisions of law relating thereto, for the support and maintenance of the corporation, or provided the members of the corporation at a meeting thereof shall so authorize, of some religious, charitable, benevolent or educational object conducted by said corporation or in connection with it, or with such denomination, and they shall not use such property or revenues for any other purpose or divert the same from such uses. By-laws duly adopted at a meeting of the members of the corporation shall control the action of its trustees. But this section does not give to the trustees of an incorporated church any control over the calling, settlement, dismissal or removal of its minister, or the fixing of his salary; or any power to fix or change the times, nature or order of the public or social worship of such church, except when they are also the spiritual officers of such church. And this section coes not, nor does any provision of

this act authorize the calling, settlement, dismissal or removal of a minister, or the fixing or changing of his salary, and a meeting of such corporation for any such purpose shall be called, held, moderated, conducted, governed and notice of such meeting given, and person to preside thereat ascertained and the qualification of voters thereat determined, not as required by any provision of this act, but only according to such aforesaid laws, regulations, practice, discipline, rules and usages of such religious denomination or ecclesiastical governing body. And this section does not, nor does any provision of this act authorize the fixing or changing of the times, nature or order of public or social or other worship of any such church in any other manner or by any other authority than in the manner and by the authority provided in the laws, regulations, practice, discipline, rules and usages of the religious denomination or ecclesiastical governing body, if any, with which the church corporation is connected.

§ 2. Said act is further amended by inserting in said act, and after section ninety-three thereof, an additional section to be known as section ninety-four, and to be in the following words and figures, viz.:

§ 94. Nothing contained in this act shall prevent the qualified voters at any meeting held pursuant to this act or in this act described, from choosing a person to preside at any such meeting, other than the person or officer designated in this act to preside thereat, and when such other person shall be chosen he shall exercise all the powers in this act conferred upon the presiding officer of such meeting.

§ 3. This act shall take effect immediately.

Chap. 145.
AN ACT to amend chapter eight hundred and ninety-three of the

laws of eighteen hundred and ninety-six, entitled “An act to pro-
vide for the appointment of clerks to certain justices of the supreme

court of the fifth judicial district.”
Became a law March 31, 1897, 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 one of chapter eight hundred and ninety-three Act at of the laws of eighteen hundred and ninety-six, entitled “An act to provide for the appointment of clerks to certain justices of the supreme court of the fifth judicial district,” is hereby amended so as to read as follows:

tial clerks

Confiden- Section 1. Each of the resident trial justices of the supreme court to justices. in the fifth judicial district, except those resident in cities in said

district in which there is now a resident supreme court stenographer, may appoint, and at pleasure remove, a confidential clerk to said justice, by an instrument in writing under his own hand, to be filed in the office of the secretary of state. Each of said clerks shall receive an annual salary of eighteen hundred dollars, to be paid by the comptroller of the state in equal quarterly payments upon the certificate of the said justice. Each of the other trial justices of said court resident and doing work in said district at the time this act takes effect other than those above provided for, may appoint and at pleasure remove, a confidential clerk to said justice by an instrument in writing under his own hand to be filed in the office of the secretary of state. Each of said clerks shall receive an annual salary of twelve hundred dollars to be paid by the comptroller of the state in equal quarterly payments upon the certificate of said justice. And said salaries shall be a charge upon the fifth judicial district.

§ 2. This act shall take effect immediately.

Chap. 146.
AN ACT amending section twenty-nine hundred and ninety of the

code of civil procedure, in relation to a demand for jury trial

in justices' courts.
Became a law March 31, 1897, 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 twenty-nine hundred and ninety of the code of civil procedure is hereby amended to read as follows:

§ 2990. Demanding jury trial. — At the time when an issue of fact is joined either party may demand a trial by jury, and unless 50 demanded at the joining of issue a jury trial is waived. The party demanding a trial by jury shall thereupon pay to the justice the statutory fees for the attendance of each person to be summoned and for the jurors to serve upon the trial, and also the fees to which the constable is entitled for notifying the persons to be drawn as jurors. The fees so deposited shall be delivered by the justice to the constable serving the venire, and by him shall be paid out as required by law. In default of a deposit as aforesaid the justice shall proceed as if no demand for trial by jury had been made. And the town clerk of every town in this state shall deliver to each of the justices of the peace in his town a certified copy of the list filed with him, in pursuance of section one thousand and thirty-seven of this code, and he shall also deliver to each of said justices a certified copy of any such list hereafter filed with him, within ten days after the same shall be filed. The town clerk is entitled to a fee of one dollar for each copy of said list so delivered. Any town clerk who shall neglect to deliver a copy of the list to each of the justices of the town within the time above prescribed, shall forfeit ten dollars for each failure, to be sued for and recovered by the overseers of the poor of said town for the use of the poor of said town.

§ 2. This act shall take effect September first, eighteen hundred and ninety-seven.

amended.

Chap. 148.
AN ACT to amend chapter two hundred and seventy-one of the

laws of eighteen hundred and ninety-six, entitled “ An act to
regulate the practice of horseshoeing in the cities of the state of
New York having a population of fifty thousand inhabitants or
more."
Became a law April 1, 1897, 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 several sections hereinafter specified of chapter Act
two hundred and seventy-one of the laws of eighteen hundred and
ninety-six, entitled “ An act to regulate the practice of horseshoeing
in the cities of the state of New York, having a population of fifty
thousand inhabitants or more," are hereby amended to read as
follows:

$ 3. Any person who has been practicing as a master or journeyman Registrahorseshoer in any such city of this state, for a period of not less i than three years preceding the passage of this act, may register as herein provided within thirty days after the passage of this act, upon making and filing with the clerk of the county in which he practices, an affidavit stating that he has been practicing horseshoeing for the period hereinbefore prescribed, and upon complying with this section, shall be exempt from the provisions of this act requiring an examination.

§ 4. A state board of examiners, consisting of one veterinarian State board and two master horseshoers and two journeyman horseshoers, is ers. hereby created, all of whom shall be citizens and residents of cities

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