all and singular the rights, liberties, powers and privileges, and be subject to all the duties and limitations of trustees, mentioned and prescribed in and by the aforesaid act, to which this act is supplementary, and may hold property in the manner and to the amount therein prescribed, with regard to the religious societies incorporated under that act: Provided, That they shall not at any time determine or alter the minister's salary, or the annual rent of pews, but that the same shall be always subject to the vote of the congregation, any thing in this act, or in the act to which this is supplementary, to the contrary notwithstanding.

An act to amend an act, passed April 5, 1813, entitled "An act to provide for the incorporation of religious societies." Passed April 21, 1825. Chap. 303, p. 425.

Proviso.

to certain

$1. Be it enacted by the People of the State of New-York, re- Act extended presented in Senate and Assembly, That the churches or congrega-churches. tions in this state, in connexion with the church which has styled itself the true reformed Dutch church in the United States of America, may incorporate themselves in the mode prescribed in and by the second section of the act, entitled "An act to provide for the incorporation of religious societies," passed April 5, 1813.

An act to amend an act, entitled "An act to provide for the incorporation of religious societies," passed April 5, 1813. Passed February 15, 1826. Chap. 47, p. 34.

societies not

$1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That if any church, congregation, Religious or religious society, now or hereafter to be incorporated, according dissolved for to the provisions of the third section of the act hereby amended, shall appoint tras neglect or omit, or have neglected or omitted at their stated annual tees. election, to choose any one of the three classes of trustees as mentioned in the sixth section of the said act, the said church, congregation, or religious society, shall not be deemed and taken to be thereby dissolved, but the trustees then or now already chosen, shall continue to hold their offices, until others be chosen in their stead: and whenever such neglect or omission shall happen, through defect of due notice or otherwise, the trustees of said church, congregation, or religious society, or a majority of them, shall immediately thereafter give notice thereof in writing, to the minister, or in case of his death or absence, to the elders or church wardens, and in case there shall election of be no elders or church wardens, then to the deacons or vestrymen of certain cases any such church, congregation or society; and the said minister, or in case of his death or absence, one of the said elders or church wardens, deacons or vestrymen, shall, in the manner prescribed in the third section of the said act, proceed to notify the members of the said church, congregation, or society, of such neglect or omission, and appoint the time and place for the election of new trustees to remedy the same; of which election, at least fifteen days notice shall be given in the manner aforesaid. And the said election shall be held and con- Elections ducted by the same persons, in the same manner, and the result be ed. certified in like manner as is prescribed in and by the sixth section

Notice for

trustees in

how given.

how conduct

Society not dissolved for

appoint off

cers.

of the act hereby amended, and shall have the same force and effect as elections held under and by virtue of said section, and not otherwise. 2. And be it further enacted, That whenever there shall have neglecting to been any omission or neglect of any church, congregation or religious society, at their stated annual meeting, to choose any of the trustees, church wardens, vestrymen or other officers, according to the provisions of the act hereby amended, such church, congregation or religious society, shall not be deemed or taken to have been thereby dissolved; but the trustees, church wardens, vestrymen or other officers then in office at the time of such omission, shall be deemed and taken to be legal officers of such church, congregation or society: Provided, That elections to supply such omission shall be made within one year after the passing of this act.

Proviso.

Votors of

Society may

election of

officers.

$3. And be it further enacted, That it shall be lawful for the fix day for members of any church, congregation or society, qualified to vote for trustees, wardens or vestrymen, or a majority of them, at any stated annual meeting of the said members, to appoint and fix any day in the succeeding year, as the day on which the election of officers of such church, congregation or society shall be held; and the elections held on such day shall be as valid to all intents and purposes, as if the same had been made on the days formerly appointed for that purpose and in case elections shall not be held on the days so appointed, it shall be the duty of the trustees, church wardens or vestrymen, then in office, to give the notice prescribed in the first section of this act, and to proceed according to the provisions thereof, to an election to supply all vacancies then existing.

Preamble.

County medical societies,

rated.

MEDICAL SOCIETIES.

An act to incorporate medical societies, for the purpose of regu lating the practice of physic and surgery in this state. Passed April 10, 1813. Sess. 36, Chap. 94.1

WHEREAS Well regulated medical societies have been found to contribute to the diffusion of true science, and particularly the knowledge of the healing art: Therefore,

$1. Be it enacted by the People of the State of New-York, rehow incorpo presented in Senate and Assembly, That it shall and may be lawful for the physicians and surgeons in the several counties of this state, now authorised by law to practise in their several professions, except in those counties wherein medical societies have been already incorporated, to meet together on the first Tuesday of July next, at the place where the last term of the court of common pleas next previous to such meeting was held in their respective counties; and the of cach socie- several physicians and surgeons so convened as aforesaid, or any part of them, being not less than five in number, shall proceed to the choice of a president, vice-president, secretary and treasurer, who shall hold their offices for one year, and until others shall be chosen in their places; and whenever the said societies shall be so organized as aforesaid, they are hereby declared to be bodies corporate and politic, in fact and in name, by the names of the medical society of the county

The officers

ty.

Its corporate

name,

(1) 2 R. L. p. 219. S. & L. v. 2, 188; V. S. v. 1, 382; Gr. v. 2, 425; Ib. v. 3, 417, 419; K. & R. v. 1, 449; W. v. 3, 334; Ib. v. 4, 537; Ib. v. 5, 114.

where such societies shall respectively be formed, and by that name And privilushall be in law capable of suing and being sued, pleading and being im- 5. pleaded, answering and being answered unto, defending and being defended, in all courts and places, and in all matters and causes whatsoever; and shall and may have a common seal, and may alter and renew the same at their pleasure: Provided always, That if the said physicians and surgeons shall not meet and organize themselves at such time and place as aforesaid, it shall be lawful for them to meet at such other time as a majority of them shall think proper; and their proceedings shall be as valid as if such meeting had been at the time before specified.

County socie

nue incorpo

ges and gene

$ 2. And be it further enacted, That the medical societies of The present counties already incorporated, shall continue to be bodies corporate ties to contiand politic, in fact and in name, by the names of the medical society rated. of the county where such societies have respectively been formed, and Their privileby that name shall be in law capable of suing and being sued, plead- ral powers, ing and being impleaded, answering and being answered unto, defending and being defended, in all courts and places, and in all matters and causes whatsoever, and shall and may have a common seal, and may alter and renew the same at their pleasure, and that the pre- And officers. sident, vice-president, secretary and treasurer, of such incorporated societies, shall hold their offices for one year, and until others shall be chosen in their places.

society of the

York to con

$3. And be it further enacted, That the medical society already The medical incorporated, by the style and name of the Medical Society of the state of Newstate of New-York, shall continue to be a body politic and corporate, tinue incor in fact and in name, and by that name shall be in law capable of suing porated. and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places, and in all matters and causes whatsoever, and shall and may have and use a common seal, and may change and alter the same at their pleasure; and that the said society shall be composed of one member How constifrom each of the county societies in the state, elected by ballot at uted and their annual meeting, who shall meet together at the time and place appointed by the said society for that purpose, and being met, not less than fifteen in number, may annually elect by ballot, a president, Its officers. vice-president, secretary and treasurer, who shall hold their offices for one year, and until others shall be chosen in their places.

composed.

cieties' anni

$ 4. And be it further enacted, That the medical society of the Medical sostate of New-York, and also the medical societies of the respective versary meetcounties, shall and may agree upon and determine the times and ing. places of their meeting; and the time so agreed upon shall for ever thereafter be the anniversary day of holding their respective meetings; and it is hereby made the duty of the secretary of each of the county medical societies, to lodge in the office of the clerk of their respective counties, if not already done, a copy of all the proceedings had at their first meeting; and it shall also be the duty of the secretary of the Proceedings medical society of the state of New-York, in like manner, to lodge in the office of the secretary of this state, a copy of their proceedings had deposited. at their first general meeting; and the said clerks and secretary are hereby required to file the same in their respective offices, for which they shall each receive the sum of twelve and an half cents.

of first meeting, where

State society divided into

classes.

Notice how given of va

Classes in the

$5. And be it further enacted, That the members now composing the medical society of the state of New-York from each of the four great districts, shall remain divided into four classes, and one class from each of said districts shall go out of office annually.

$6. And be it further enacted, That it shall be the duty of the cancies in the secretary of the medical society of the state of New-York, whenstato society ever the seats of any of the members shall become vacant, to give information of the same to the respective county societies, to the end that such county societies may supply such vacancy at their next meeting. $7. And be it further enacted, That in case there shall be an state society addition to the number of members composing the medical society of ed, and how the state, that in that case it shall be in the power of the said society at any of their annual meetings, and as often as they shall judge necessary, to alter and vary the classes in such manner as that one fourth of the members from each of the great districts, as near as may be, shall annually go out of office.

may be vari

Vacancies in

$s. And be it further enacted, That if the seat of any member how filled. of the medical society of the state of New-York shall be vacated, either by death, resignation, or removal from the county, it shall be the duty of the medical society of such county to fill such vacancy at their next meeting after such vacancy shall happen.

Medical 80

cieties to ex

amine students.

To give diwhich shall authorise the

plomas

party to pracLise.

Student if refused diplo

appeal to

$9. And be it further enacted, That the medical societies established as aforesaid, are hereby respectively empowered to examine all students who shall and may present themselves for that purpose, and to give diplomas under the hand of the president and seal of such society before whom such student shall be examined, which diploma shall be sufficient to empower the person so obtaining the same to practise physic or surgery, or both, as shall be set forth in the said diploma, in any part of this state.

$ 10. And be it further enacted, That if any student who shall ma by county have presented himself for examination before any of the medical sosociety maycieties of the several counties of this state shall think himself aggriev state society. ed by the decision of such society, it shall be lawful for such student to present himself for examination to the medical society of the state of New-York; and if in the opinion of such society the student so apaward diplo. plying is well qualified for the practice of physic or surgery, or both, as the case may be, the president of said society shall, under his hand and the seal of such society, give to the said applicant a diploma, agreeable to such decision.

And state suciety may

ma on such appeal.

Censors to bo

$11. And be it further enacted, That it shall and may be lawful the societies. for the several medical societies so established as aforesaid, at their

appointed by

annual meetings, to appoint not less than three nor more than five censors, to continue in office for one year and until others are chosen, Their duty whose duty it shall be carefully and impartially to examine all students who shall present themselves for that purpose, and report their opinion in writing to the president of said society.

Medical societics may

personal

$ 13. And be it further enacted, That it shall and may be lawful hold real and for the medical societies of the respective counties of this state, and also the medical society of the state of New-York, to purchase and hold any estate, real and personal, for the use of said respective societies: Provided, Such estate, as well real as personal, which the

estate.

Proviso.

county societies are hereby respectively authorised to hold, shall not exceed the sum of one thousand dollars; and that the estate, as well real as personal, which the medical society of the state of New-York is hereby authorised to hold, shall not exceed five thousand dollars.

powers to

laws.

314. And be it further enacted, That it shall be lawful for the Societies, respective societies to make such by-laws and regulations relative to their general the affairs, concerns and property of said societies, relative to the ad- make bymission and expulsion of members, relative to such donations or contributions as they or a majority of the members at their annual meeting shall think fit and proper: Provided, That such by-laws, rules and Proviso. regulations made by the society of the state of New-York, be not contrary to, nor inconsistent with, the constitution and laws of this state, or of the United States; and that the by-laws, rules and regulations of the respective county societies shall not be repugnant to the bylaws, rules and regulations of the medical society of the state of NewYork, nor contrary to, nor inconsistent with, the constitution and laws of this state or of the United States.

liable for

$ 15. And be it further enacted, That the treasurer of each so- Treasurer of ciety established as aforesaid shall receive and be accountable for all each society monies that shall come into his hands by virtue of any of the by- monies. laws of such societies, and also for all monies that shall come into the hands of the president thereof for the admission of members, or licensing students; which monies the said president is hereby re- And to aoquired to pay over to the said treasurer, who shall account therefor to count therethe society at their annual meetings, and no monies shall be drawn from the treasurer unless such sums and for such purposes as shall be Monies, how agreed upon by a majority of the society at their annual meeting, and drawn." by a warrant for that purpose signed by the president.

for.

each society

to keep its

$16. And be it further enacted, That it shall be the duty of the Secretary of secretary of each of the said medical societies to provide a book, in which he shall make an entry of all the resolutions and proceedings minutos, &e. which may be had from time to time; and also the name of each and every member of said society, and the time of his admission, and also the annual reports relative to the state of the treasury, and all such other things as a majority of the society shall think proper; to which book any member of the society may at any time have recourse; and And deliver the same, together with all books, papers and records which may be them, &c. to in the hands of the secretary and be the property of the society, shall be delivered to his successor in office.

his successor.

paratus, &c.

cured by each

$ 17. And be it further enacted, That it shall be lawful for each A medical liof the said medical societies to cause to be raised and collected from brary and apeach of the members of such society, a sum not exceeding three dol- inay be prolars in any one year, for the purpose of procuring a medical library society, and and apparatus, and for the encouragement of useful discoveries in chemistry, botany, and such other improvements as the majority of the society shall think proper.

how.

receiving

$ 18. And be it further enacted, That any student who may re- What sums ceive a diploma from the medical society of this state, shall pay to the to be paid on president thereof on receiving the same, ten dollars; and for each di- ping diploma that a student may receive from the medical society of any county, he shall pay to the president thereof on receiving the same,