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under which the action is brought. Where the summons is personally served, but a copy of the complaint is not served therewith; or where a copy of the summons and a copy of the complaint are delivered to the defendant without the State, the certificate or affidavit proving service, must affirmatively state, in the body thereof, that such an inscription, setting forth a copy thereof, was so written or printed upon the face of the copy of the summons delivered to the defendant.

L. of 1893, Chap. 661.--The public health law.

§ 22. Vital statistics. Every such local board shall supervise and make complete the registration of all births, marriages and deaths occurring within the municipality, and the cause of death and the findings of coroners' juries, in accordance with the methods and forms prescribed by the state board of health and after registration promptly forward the certificates of such births, marriages and deaths to the state burçau of vital statistics. Every parent or custodian of a child born, and the groom, officiating clergyman or magistrate at every marriage shall cause a certificate of such birth or marriage, to be returned within thirty days thereafter to the local board of health or person designated by it to receive the same, which shall be attested, if a birth, by the physician or midwife, if any in attendance, and if a marriage by the officiating clergyman or magistrate. The cost of such registration not exceeding fifty cents for the complete registered record of a birth, marriage or death, shall be a charge upon the municipality. The charge for a copy thereof shall be fixed by the board, not exceeding the same sum for the complete copy of a single registered record, and the additional sum of twenty-five cents if certified to. Such copies shall be furnished upon request of any person and when certified to be correct by the president or secretary of the board or local registering officer designated by it, shall be presumptive evidence in all courts and places of the facts therein stated.

SOLEMNIZING UNLAWFUL MARRIAGES.

L. of 1893, Chap. 481.--An act to amend the penal code, relative to the solemnizing of unlawful marriages.

Section 1. Section three hundred and seventy-six of the penal code is hereby amended to read as follows:

§ 376. A minister or magistrate who solemnizes a marriage when either of the parties is known to him be under the age of

legal consent, or to be an idiot or insane person, or a marriage to which within his knowledge a legal impediment exists, is guilty of a misdemeanor. Until a marriage has been dissolved or annulled by a proper tribunal or court of competent jurisdiction, any person who shall assume to grant a divorce, in writing, purporting to divorce husband and wife and permitting them or either of them to lawfully marry again, shall be guilty of a misdemeanor punishable by fine for the first offense not exceeding five hundred dollars, and for the second offense one thousand dollars, or imprisonment not exceeding one year, or both such fine and imprisonment.

§ 2. This act shall take effect immediately.

L. of 1895, Chap. 460.--An act to amend the penal code in relation to the age of consent.

Section 1. Subdivision five of section two hundred and seventyeight of the penal code is hereby amended to read as follows:

5. When she is, at the time, unconscious of the nature of the act, and this is known to the defendant, or when she is in the custody of the law, or of any officer thereof, or in any place of lawful detention, temporary or permanent, is guilty of rape in the first degree and punishable by imprisonment for not more than twenty years. A person who perpetrates an act of sexual intercourse with a female, not his wife, under the age of eighteen years under circumstances not amounting to rape in the first degree, is guilty of rape in the second degree, and punishable with imprisonment for not more than ten years.

§ 2. Subdivisions one and four of section two hundred and eighty-two of the penal code are hereby amended to read as follows:

1. Takes, receives, employs, harbors or uses, or causes or procures to be taken, received, employed or harbored or used, a female under the age of eighteen years, for the purpose of prostitution; or, not being her husband, for the purpose of sexual intercourse; or without the consent of her father, mother, guardian or other person having legal charge of her person, for the purpose of marriage; or,

4. Being parent, guardian or other person having legal charge of the person of a female under the age of eighteen years, consents to her taking or detaining by any person for the purpose of prostitution or sexual intercourse.

§3. This act shall take effect on the first day of September, eighteen hundred and ninety-five.

FORMS.

No. 1.

Proxy of Non-Business Corporation.

(General Corporation Law, § 21 )

I (name), hereby appoint A. B. to be my lawful attorney and to act as my substitute and proxy, and to vote in my name, at the annual (or special) meeting of the members of (name of corporation), to be held on the.... day of.. ......, 189, and at any adjourned meeting thereof, with the same force and effect as I might do personally; and I hereby revoke any proxy heretofore given by me to any person whatsoever. Witness, my hand and seal this ... day of

......

189. (Signature.) [L. S.]

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A. B., being duly sworn, deposes and says, that he is a member of the (corporate name).

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We, the undersigned, a majority of (corporate name), a religious corporation organized by (or under) chapter .... of the Laws of 18...., hereby determine to remove the human remains buried in (describe cemetery), a cemetery owned by such corporation, to (describe cemetery), another cemetery owned by such corporation, in pursuance of section 8 of the Religious Corporations Law. Dated

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(Majority of the trustees.)

On this .... day of 189, before me personally came (names of trustees subscribing determination), to me personally known to be the persons who made and signed the foregoing determination and severally acknowledged to me that they made, signed and executed the same for the purposes therein set forth.

(Signature of notary.)

We, the undersigned, being three-fourths of the members of (corporate name), qualified to vote at its corporate meetings, hereby consent to the removal of the human remains buried in (describe cemetery) to (describe cemetery), in accordance with the foregoing determination of the trustees of such corporation.

Dated.

(Signatures of three-fourths of members of the corporation.)

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On this ...... day of 189, before me personally came (state names of members subscribing certificate), to me personally known to be the persons who made and signed the foregoing certificate of approval, and severally duly acknowledged to me that they made, signed and executed the same for the purposes therein set forth.

(Signature of notary.)

(Or if such consent is not given, a special meeting of the corporation should be called and the minutes thereof attached to such determination and filed therewith in the county clerk's office.)

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Minutes of Special Meeting.

We, the undersigned, A. B., chairman, and C. D., secretary, of a special meeting of all the members of (corporate name), held on the ...... day of .... 189, at ... o'clock in the ...... noon, for the purpose of considering the determination of the trustees of such corporation to remove the human remains buried in (describe cemetery) to (describe cemetery) do certify as follows:

That the meeting was duly organized by the election of A. B. as chairman, and C. D. as secretary thereof, respectively.

(If such religious corporation is an incorporated church, a statement should be here made, that proof of the publication of the notice of such meeting had been made for four weeks was read by the chairman.)

Thereupon the following resolution was offered:

"Resolved, That the trustees of (corporate name) are hereby authorized to cause the human remains buried in (describe cemetery) to be removed to (describe cemetery) in accordance with their determination made on the ...... day of. 189, in pursuance of section 8 of the Religious Corporations

Law."

.....

That the whole number of votes cast upon such resolution was (state number), of which (state number) votes were cast in favor thereof, being threefourths of all the votes cast by the members of such corporation present at such meeting and voting thereon.

Thereupon such resolution was declared duly adopted in accordance with section 8 of the Religious Corporations Law, and the meeting adjourned.

In witness whereof, we have executed, acknowledged, and verified this certificate, this ..... day of ..., 189.

A. B., Chairman.
C. D., Secretary.

STATE OF NEW YORK,

COUNTY OF...

On this

......

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day of ...... 189, before me personally came A. B. and C. D., to me personally known to be the persons who made and signed the foregoing certificate and severally acknowledged to me that they made, signed and executed the same for the purposes therein set forth.

(Signature of notary.)

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