"policemen of these grounds," and the name of the corporation which appointed them inscribed thercon, and said shield shall always be worn in plain view.

§ 5. Police, how paid. The compensation of such policemen shall be paid by the corporations by which they are respectively appointed in the form and manner agreed upon between them.

Laws 1895, ch. 493.

AN ACT to authorize any corporation duly incorporated under the laws of the State of New York for the erection of buildings and the acts amendatory thereof, and which is also authorized to conduct camp or grove meetings, Sunday-school parliaments, temperance, missionary, educational, scientific, musical and other meetings and assemblages, to appoint policemen.

BECAME a law May 2, 1895, 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. Any corporation duly incorporated under the laws of the State of New York for the erection of buildings and acts amendatory thereof, and that is also duly authorized by law to procure the people to assemble in its buildings or on its grounds for camp or grove meetings, Sunday-school parliaments, temperance, missionary, educational, scientific, musical and other meetings, shall have power through its board of trustees, or other board of managers, of the affairs of such corporation, for the purpose of protecting and preserving such buildings, grounds, and other property, and preventing injuries thereto, and preserving order, and preventing disturbances, and preserving the peace in such buildings, and upon such grounds, by resolution of its board of trustees, or other board of managers, or otherwise, to appoint from time to time one or more special policemen, and the same to remove at pleasure, who when appointed shall be police officers, with the same powers within and about, or adjacent to, such grounds, as are vested in constables of the town where such grounds are located, whose duty, when appointed,

it shall be to preserve order, and to prevent disturbances and breaches of the peace in and about the buildings and property and on and about the grounds of such corporation or approaches thereto or on grounds or in buildings pertaining thereto, and to protect and preserve the same from injury, and to arrest any, and all, persons making any loud or unusual noise, causing any disturbance or committing any breach of the peace, or commit ting any misdemeanor, or willfully violating the established rules and regulations of said corporation, or committing any will ful trespass upon such grounds or property or approaches thereto or in or upon such buildings or any part thereof, and to convey such person or persons, so arrested, with a statement of the cause of such arrest, before a magistrate having jurisdiction of the offense, to be dealt with according to law.

§ 2. Any willful trespass in or upon any of the buildings or grounds provided or used for the purpose of said meetings or upon the approaches thereto, and any willful injury to any of the said buildings or to said grounds, or to any trees, fences, fixtures, or other property thereon and pertaining thereto, and any will ful disturbance of the peace and quietness of said grounds by intentional breach of the rules and regulations thereof, shall be misdemeanors punishable by fine and imprisonment, or either, and concurrently with the courts of records of this state, justices of the peace, police justices and courts of special sessions in the town where such grounds are situated, shall have the same juris diction of said offenses as they have of other cases of misdemeanors committed within their jurisdiction, and shall have jurisdiction over the persons of those brought before them in the form and manner prescribed in the first section of this act, and said policemen are hereby empowered to carry and convey the persons so arrested before such justices of the peace, police jus tices and courts of special sessions, and to hold them until discharged according to law.

§ 3. Every policeman so appointed shall within fifteen days after such appointment and before entering upon the duties of his office, take and subscribe the oath of office prescribed in the

twelfth article of the constitution of the state of New York, which said oath shall be filed in the office of the county clerk of the county where such grounds are situated.

§ 4 Such policeman shall, when on duty, severally wear a metallic shield with the words "policeman," and the name of the corporation which appointed them inscribed thereon, and said shield shall always be worn in plain view.

5. The compensation of such policeman shall be paid by the corporations by which they are respectively appointed in the form and manner agreed upon between them.

L. 1888, Chap. 293- Parks and playgrounds for children. Such corporations may also at their own expense appoint and employ police officers, who shall for the purpose of enforcing order and compliance with their orders, have all the powers and authority of the public police officers or patrolmen of the city, town or village wherein such parks or playgrounds may be situated within the limits of their parks or playgrounds and within one thousand feet of the limits thereof; subject, however, to all laws, ordinances or police regulations of the cities, towns or villages in which such parks and playgrounds may be situated and subject to the authority of the commissioners, superintenderts, captains, sergeants or other superior police officers or authority of the particular district or locality in which the same may be.

L. 1850, Chap. 172-An act to prohibit corporations from interposing the defense of usury in any action.

Section 1. Defense of usury not to be interposed.— No cor poration shall hereafter interpose the defense of usury in any action.

17 N. Y. 52; 15 N. Y. 85; 17 Barb. 309.

§ 2. Definition of term corporation.- The term corporation, as used in this act, shall be construed to include all associations and joint-stock companies having any of the powers and privileges of corporations not possessed by individuals or partnerships.

23 N. Y. 276; 30 Barb. 627; 28 Barb. 188; 17 Barb. 311; 35 N. Y. 65; 33 N. Y. 665.

L. 1860, Chap. 360-An act relating to wills.

Section 1. Persons having relatives may not devise property by will, to benevolent or other societies beyond one-half.- No person having a husband, wife, child or parent, shall, by his or her last will and testament, devise or bequeath to any benevolent, charitable, literary, scientific, religious or missionary society. association or corporation, in trust or otherwise, more than one-half part of his or her estate, after the payment of his or her debts (and such devise or bequest shall be valid to the extent of one-half, and no more).

43 N. Y. 440; 34 N. Y. 616; 3 Lans. 355; 2 Abb. Ct. App. Dec. 321; 4 Abb. N. S. 421; 27 Barb. 304; 1 Tucker, 235; 59 N. Y. 434; 4 Abb. N. C. 317; 3 Redf. 235; 7 Abb. N. C. 53; 19 N. Y. 327; 8 Abb. N. C. 118; 2 Abb. Ct. App. Dec. 316; 4 Dem. 473; 16 Abb. N. C. 263, note; 29 Hun, 225; 33 Hun, 411; 44 Hun, 425; 92 N. Y. 433, aff'g 27 Hun, 380; 95 N. Y. 166; 105 N. Y. 185; 5 Dem. 288.

§ 2. Repeal. All laws and parts of laws inconsistent with this act are hereby repealed.

[The following provision is § 6 of the general act (L. 1818, ch. 319); § 6 of the club act (1865, ch. 368); § 7 of the club act (1875, ch. 267); § 5 of the act for the incorporation of libraries (1875, ch. 343); § 7 of the act relating to political clubs (L. 1886, ch. 236); and, with the exception of the last clause, § 7 of the act relating to bar associations (L. 1887, ch. 317).]

§ 6. Real or personal property may be held, et cetera; proviso. Any corporation formed under this act shall be capable of taking, holding or receiving any property, real or per sonal, by virtue of any devise or bequest contained in any last will or testament of any person whatsoever, the clear annual income of which devise or bequest shall not exceed the sum of ten thousand dollars; provided, no person leaving a wife cr child or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of such one-fourth, and no such devise or bequest shall be valid in any will which

shall not have been made and executed at least two months before the death of the testator.

[This provision is not repealed in any case by the membership corporations law, it being the theory of the revisers to incorporate it, with L. 1860, ch. 360, in the wills law.

Section 6 of the Laws of 1848, ch. 319, must be construed in connec tion with L. 1860, ch. 360. The latter act extends the amount of the estate which may be granted, but does not operate to repeal the provisions of § 6 that the devise or bequest must be made within two months prior to testator's death. Hollis v. Hollis, 29 Hun, 225; Lefevre v. Lefevre, 59 N. Y. 434; Kerr v. Dougherty, 79 N. Y. 327.

Section 6 of L. 1848, ch. 319, does not apply to religious corporations, but such corporations are subject to L. 1860, ch. 360. Harris v. Am. Bap. Missionary Soc., 33 Hun, 412.

The two months restriction in § 6 of L. 1818, ch. 319, applies, although the testator leaves no wife, child or parent. Stephenson v. Short, 92

N. Y. 433.

To ascertain whether more than one-half of testator's estate is given under L. 1860, ch. 360, the estate must be treated as if converted into money at his death. If the portion given is not more than half thereof, Hollis v. Drew Theological Seminary, 95

the statute is not violated.

N. Y. 166.

Section 6, applies only to corporations incorporated under L. 1848, ch. 319, and the acts amendatory thereof. Hollis v. Drew Theological Seminary, 95 N. Y. 166.

A misnomer or misdescription of a legatee or devisee will not invalidate the legacy or devise, if the object of the testator's bounty can be ascertained. Lefevre v. Lefevre, 59 N. Y. 434.

A bequest to a foreign corporation enabled, under the statutes of the State, in which it is incorporated, to take a bequest made within two months prior to testator's death is valid, although executed in this State. Hollis v. Drew Theological Seminary, 95 N. Y. 166; Matter of Estate of Prime, 136 N. Y. 347; Hope v. Brewer, 136 N. Y. 126.]