policies until bona fide agreements have been entered into covering property to be insured to the amount of not less than one hundred thousand dollars for each county embraced within the territorial limits of said company, and within which it is proposed to do business. Books and § 5. The directors of every company formed under this act shall records. procure proper books, in which the secretary shall keep a perfect record of all the transactions of the company, and of the board of directors, and shall show at all times, fully and truly, the condition, affairs and business of said company, and shall be kept open for the inspection of every member of said company, every day from nine o'clock to eleven o'clock in the forenoon, Sundays and legal holidays excepted. issue Policies. § 6. The directors of any company formed under this act may policies of insurance, signed by the president and secretary, agreeing in the name of said company, to pay all damages, not exceeding the amount insured, done to dwelling-houses, barns and their contents, and other buildings not more hazardous, and buildings in incorporated cities or villages detached at such distance as the by-laws of the company may prescribe, and their contents, and live stock owned on the premises, caused by fire or lightning, during the time mentioned in the policy of the insured; said company shall not issue policies for less than one year or more than five years; and they shall not insure more than seven thousand dollars in any one risk. The company may issue more than one policy to one person, firm or corporation having separate or detached buildings, that this act or the by-laws of said company do not prohibit the said company from insuring. Every policy issued shall have attached thereto a printed copy of the by-laws and regulations of the company. give § 7. Every person, firm, corporation or trustee, so insured, shall give Insured his, her or their undertaking, binding him, her, it or them, their heirs or party to assigns, to pay their pro rata share to the company of all losses or undertakdamages caused by fire or lightning, which may be sustained by any ing. member or members thereof. He, she, it or they shall also pay such percentage in lawful money and such reasonable sum for policies and expenses, and within such time as may be required by the by-laws of said company. loss. § 8. Every person, firm or corporation holding a policy, not expired Notificaor vitiated, who has sustained a loss or damage by fire or lightning, tion of shall immediately notify the president or secretary of his, her, it or their loss or damage, and it shall be the duty of the officers of the company to at once proceed to ascertain and adjust such loss or damage in the manner provided by the charter and by-laws of said company and the provisions of this act. § 9. The companies formed under the provisions of this act may Classificaclassify the property or buildings insured therein, at the time of insur- tion. ing, and issuing policies under different rates, according to the risk from fire which may be attached to buildings insured. Whenever the amount of any loss or damage is ascertained which exceeds in amount Assess the cash on hand of the company, such officer as shall be determined ments to in the by-laws of the company shall convene the directors or executive deficiency. committee, who shall make an assessment upon all the property insured, pro rata, sufficient to pay what the cash in hand falls short of paying, or for the whole loss or damage, as the directors or executive committee may decide best for the interest of the company. supply to give § 10. It shall be the duty of the secretary, within ten days, to notify Secretary every person who belongs to the company, by written or printed notice, notice of signed by the secretary, that an assessment has been made, and the assess ment. President suit to recover assess ment. amount due from him to them as their share of the loss or damage as determined by said directors or executive committee, and the time when and to whom such amount must be paid; but no such time shall be less than thirty or more than sixty days from the date of such notice; the cost and expense of collection to be regulated by the bylaws of the company; such notice may be served personally or by mail; and if by mail, it shall be deposited in the post-office at the place where its principal office is located, directed to each person assessed at his, her or their place of residence or business, and the postage prepaid. §11. Suits at law may be brought against any member or members may bring of any company organized under the provisions of this act, by the president, in the name of the company, in any of the courts of this State having competent jurisdiction, to recover all assessments that any member neglects or refuses to pay when made upon him or them under the provisions of this act or the by-laws of the company; and in case the president is obliged to bring suit to collect any assessment as aforesaid, he shall be permitted to recover the amount so assessed, with fifty per centum of such assessment to be added thereto, in addition to lawful interest, as a penalty for such neglect and refusal to pay within the time required. Any member or members of said company who neglects or refuses to pay his or their part of any assessment, or for any other reason satisfactory to the directors or executive committee, may be excluded, by a majority of the directors of the company, from the company, and when thus excluded the secretary shall cancel or withdraw his or their policy or policies, which shall prevent him or them recovering for any loss or damage after such exclusion by the directors; but nothing therein contained shall prevent the collection of such assessment and the penalty aforesaid, in any suit at law which may have been made prior to such exclusion. It shall be the duty of the officers of any company formed under this act, to proceed to colable. lect all assessments within thirty days after the expiration of the notice to pay the same, and any neglect or refusal on their part to endeavor to collect as aforesaid, or to perform any of the duties imposed by this act, shall render them liable in their individual capacity for the amount lost to the person or persons who lose by their refusal or neglect, and suit at law may be maintained by such party against such officers to collect such amount. Assess ment, when pay What property may be insured. Election of directors. § 12. No company organized pursuant to the provisions of this act shall insure any building or property out of the limits of the territory comprised in the articles of association adopted in the formation of the company, except when a person or member of the company, who has a farm extended beyond the line of the said limits on which he resides, has buildings on that part beyond, in which case such buildings and their contents may be insured, together with his other buildings; nor shall any company insure any property other than dwelling-houses, barns and their contents, other buildings not more hazardous, buildings in incorporated villages or cities detached such distance from any other building, as the by-laws of the company may prescribe from any other building, and their contents, and live stock owned upon such property. 813. The directors of any company organized under the provisions of this act shall be chosen by ballot at the annual meeting of the company, which shall be held on the second Tuesday of January in each year, unless some other day be designated by the by-laws of any such company. At such meeting every person, firm or corporation insured shall have one vote, and shall be entitled to vote by proxy at such elections, under such rules and regulations as may be prescribed by the by-laws, unless prohibited by the by-laws of the company. § 14. It shall be the duty of the president and secretary of each and every company formed under the provisions of this act to make a statement under oath, showing the condition of such company on the thirty-first day of December preceding the election of officers, which shall contain the amount and kind of property insured, the number of policies issued each year from the time of the organization of such company up to the time of making such statement, and the names of the persons to whom issued during the year last past, and the amount of such policy; the names of persons withdrawn or excluded from the company, with the amount of insurance of each; the whole amount of moneys received by such company during the year, together with an itemized account of the same, including salaries of officers, all fees, commissions, and all sums paid for any purpose, and all other matters of interest to the company or members thereof, which statement or certified copy thereof shall be filed in the clerk's office of each county comprised within the territorial limits of such company and with the secretary of State. Annual statement. al of mem. § 15. Any member of such company may withdraw therefrom at Withdraw any time, by a ten days' notice in writing to the secretary, and paying ber his share of all claims existing against the company and surrendering his policy or policies. Members may be admitted who reside or own property within the territorial limits of the company, upon the same terms and conditions as the original members, subject to the by-laws. of the company organized by virtue of this act. Non-residents who own property that may be insured in any such company may become members, and enjoy all the rights and privileges of such company, Admittand shall be accountable the same as other members, but shall not be ance of eligible to hold office in said company. § 16. No company formed under this act shall insure against losses or damage otherwise than by fire or lightning, nor issue life insurance policies, or policies on any other risk not mentioned in this act, or transact any other business than as provided by this act. member, § 17. Any company formed under this act may make and enforce By-Laws. such by-laws for its regulation as two-thirds of all the directors of such company may adopt, and any amendments of such by-laws may be adopted by being presented to the president at least three months previous to any regular meeting of such directors; but said proposed amendments shall be voted for at a regular meeting only, and twothirds of the votes of all the directors shall be required to adopt them. No by-laws shall be of any effect which are inconsistent with this act or the laws of the State. The by-laws may provide for compensation of the officers of the company, and the number and kind, and the security proper to be given by any officer, and may designate the amount of money that may be kept on hand, the manner of disbursing the same, and make provision for books for records of the transactions of the company. companies §18 Any company already doing a business of insurance upon the Present principles prescribed by this act may become organized and possess may organall the powers and be subject to the restrictions and regulations ize. required by this act, upon filing a statement of their condition at the time, containing the requirements of section three, in the offices required by said section. The said companies shall thereafter be subject to the provisions of this act, and the policies theretofore issued by them shall be as valid and the rights and powers of the officers and members of said companies shall be the same in all respects as if they had been originally organized under this act. Territory. § 19. Nothing herein contained shall authorize any company formed under the provisions of this act to transact business in not to exceed two counties which shall be designated in the certificate required by section one, except as herein before specially authorized. Supervi sors. Amending ch. 482, § 20. This act shall take effect immediately. CHAP. 365. AN ACT to amend chapter four hundred and eighty-two of the laws of eighteen hundred and seventy-five, entitled “"An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors." PASSED May 24, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Subdivision nine of section one of chapter four hunLaws 1875. dred and eighty-two of the laws of eighteen hundred and seventy-five, entitled "An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors," is hereby amended so as to read as follows: 9. To authorize in any county containing an incorporated city of one hundred thousand inhabitants or upward, when any territory adjoining such city has been mapped out in pursuance of law, into streets and avenues conforming to and forming an extension of the system of streets and avenues of such city, the laying out, closing and change of line of any such street or avenue, the establishing of a grade for the same, the opening, grading and construction of such streets or avenues, and to provide for the estimation and award of damages sustained, and for the assessment on property intended to be benefited thereby, and fixing assessment district therefor, the levying, collection and payment of the amount of such damages, and of all other charges and expenses to be incurred or which may be necessary in carrying out the provisions of this subdivision; but such last-named powers in regard to laying out, opening, grading, construction and change of line of such streets or avenues, or such provisions for defraying the expense thereof, shall only be exercised on the petition of the property owners who own more than one-half of the frontage on any such street or avenue; provided that no such street or avenue shall be laid out, opened or constructed upon or across any lands heretofore acquired by the right of eminent domain, and held in fee for depot purposes by any railroad corporation, without the consent of such corporation. 82. The town of Flatbush, Kings county, and the city and county of New York are hereby excepted from the operation of this act. §3. This act shall take effect immediately. CHAP. 366. AN ACT to secure uniform ballots and preserve the purity of Elections. elections. PASSED May 24, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: must be uniform. SECTION 1. At all elections hereafter held within the limits of this Ballots State for the purpose of enabling electors to choose by ballot any offi- on plain cer or officers under the laws of this State, or of the United States, or paper and to pass upon any amendment, law or public act or proposition submitted to the electors to vote by ballot under any law, each and all ballots used at any such election shall be upon plain white printing paper, and without any impression, device, mark or other peculiarity whatsoever upon or about them to distinguish one ballot from another in appearance, except the names of the several candidates, and they shall be printed with plain black ink. § 2. Every ballot shall have a caption (as provided by law), but such Caption. caption shall be printed in one straight line in black ink, with plain type of the size now generally known and designated as "Great Primer Roman Condensed Capitals," and the names of all candidates shall be printed in plain type, with letters of a uniform size. ute other §3. It shall be unlawful for any person to print or distribute, or to Unlawful cast any ballot printed or partly printed contrary to the provisions of to distrib this act, or to mark the ballot of any voter, or to deliver to any voter ballots. such marked ballot for the purpose of ascertaining how he shall vote at any election. § 4. Any person or persons who shall knowingly or willfully violate, Penalty. or attempt to violate, any of the provisions of this act shall be guilty of a misdemeanor, and be punished by imprisonment in a county jail or penitentiary for not exceeding one year, or by a fine of not exceeding two hundred and fifty dollars, or by both such fine and imprison ment. § 5. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed, provided that nothing in this act contained shall be construed to prohibit any elector from voting any ballot entirely written or from voting any printed ballot, which in outward appearance complies with all the requirements of this act upon the face of which he has personally made or caused to be made erasure, correction or insertion of any name by pencil mark or otherwise. § 6. This act shall take effect immediately. See ch. 56, ante, and ch.553, post. CHAP. 369. AN ACT to amend section two hundred and thirty-six of the Code of Code of Civil Procedure. PASSED May 25, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two hundred and thirty-six of the Code of Civil Procedure is hereby amended so as to read as follows: Civil Pro cedure. Amending § 236. |
