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IV

MEMORANDA ON LEGISLATIVE BILLS

APPROVED

IV

MEMORANDA ON LEGISLATIVE BILLS APPROVED

Amending an Act in Relation to the First Methodist Episcopal Church of New York

STATE OF NEW YORK - EXECUTIVE CHAMBER.

Albany, April 4, 1908.

Memorandum filed with Senate Bill No. 862, entitled "An act to amend chapter two hundred and eighteen of the laws of eighteen hundred and sixty-six, entitled 'An act in relation to “The First Methodist Episcopal Church in the City of New York" and to incorporate the same.

APPROVED.

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The corporation affected by this bill was chartered by a special act, and I sign the bill because its objects cannot be accomplished under the general law.

(Signed)

CHARLES E. HUGHES.

Changing the Name of the Holy Angels' Infirmary

STATE OF NEW YORK-EXECUTIVE CHAMBER.

Albany, April 4, 1908.

Memorandum filed with Senate Bill No. 663, entitled “An act to change the name of the Holy Angels' Infirmary, Academy and Industrial School for Benevolent, Charitable and Scientific Purposes to D'Youville College and Academy of the Holy Angels, and permitting said corporation to maintain a college department for the education of women in literature, science, philosophy, religion and the liberal arts, and to confer degrees and grant diplomas."

APPROVED.

The corporation known as "The Holy Angels' Infirmary, Academy and Industrial School for Benevolent, Charitable and Scientific Purposes" was organized in 1864 under the general law of 1848. Its objects were described to be "to visit the poor, dispense medicine to them from their infirmary, to instruct youth in learning and to form an industrial school for poor girls and to teach and educate children." By special act (Laws of 1869, chapter 50) any defects in its certificate were cured and it was confirmed in the possession of its powers for all the purposes described in its certificate of incorporation. By this bill it is permitted to establish a collegiate department for the education of women, to confer degrees and to change its name accordingly. The bill places these privileges under restrictions so as to insure equipment and provision for maintenance which must be approved by the Regents of the University of the State, and provides that the courses leading to the recognized degrees shall, with specified exceptions, also be approved by the Regents. It is thus placed in the exercise of its additional powers under the supervision of the Regents in conformity with the policy of the State and the only question is as to the necessity or propriety of special legislation in the matter.

The present organization, however, of the institution is anomalous. The general law under which it was formed has been repealed, and the objects of this bill cannot be effected by reincorporation under present general laws without a loss of certain powers which it now enjoys. It is conceded by all that the extension of privileges under the restrictions provided by this bill is desirable, and there is no good reason for refusing the special law through which alone this extension can be had.

In view of the anomalous situation of this institution this bill cannot be regarded as a precedent for departures from the policy of the University Law.

(Signed)

CHARLES E. HUGHES.

Providing for the Registration of Land Titles by the Torrens System

STATE OF NEW YORK-EXECUTIVE CHAMBER.

Albany, May 20, 1908.

Memorandum filed with Assembly Bill No. 1672, entitled "An act in relation to registering titles to real property and facilitating and expediting its transfer."

APPROVED.

The purpose of this bill is to establish a system for the registration of land titles and in this way to avoid, wherever resort to the system may be practicable, repeated examinations of title and an unnecessary multiplication of records.

A commission was appointed last year to examine the matter, and after the most careful consideration of the whole subject, including the experience of other states and of foreign countries, the majority of the commission recommended this legislation. Objections were presented in a careful minority report. After this thorough examination, and with the opposing views clearly presented, the Legislature has adopted the recommendations of the commission.

I believe that this measure represents an important movement in the direction of facilitating land transfers, and that it should become a law. The merits of the objections can best be tested, and indeed can satisfactorily be tested only, by experience. If we are ever to escape the complications, delays, and expense incident to present methods, a beginning must be made, and the painstaking and intelligent efforts which have culminated in the passage of this bill should not be frustrated.

(Signed)

CHARLES E. HUGHES.

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