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Additional judges, superior court of New York.
8 236. The governor may, when, in his opinion, the public interest so requires, designate one or more judges of the superior court of the city of New York, or of the court of common pleas for the city and county of New York, to hold terms of the circuit court and special terms of the supreme court, in that city. The designation must be in writing, and must specify each term, and the judge designated to hold the same. A case or exceptions, in a cause tried at such a term, must be settled before the judge who held the same; and a judge thus designated may, after the expiration of the period of such designation, decide, finally determine and dispose of any action, proceeding or motion that may have been tried or heard before him; and such judge, during the period of such designation, possesses, within the city of New York, all the powers of a justice of the supreme court, in or out of court, to make orders in any action or special proceeding in the supreme court.
§ 2. This act shall take effect immediately.
of act a misdemeanor.
Trespass - AN ACT to prevent trespassing and intrusion upon railroad railroads.
cars and engines.
Passed May 25, 1880; three-fifths being present.
Assembly, do enact as follows :
jump, step, stand upon, cling to, or in any way attach himself to, any
2. No person in the employment of any said corporation or officer, or intrusted with the care or possession of any such engine, or any freight or baggage car upon any said track, shall invite, or solicit any such minor or other person to come, or be, or consent to his re: maining upon any last-named car or upon any engine, unless said minor or last-named person shall have the right by law or permission as aforesaid to go or remain upon such car or engine.
§ 3. And any person who shall violate either section of this act shall be guilty of a misdemeanor, and be liable to a fine not less than five nor exceeding twenty-five dollars, which may be imposed by any court or magistrate having jurisdiction of any misdemeanor; and the person so offending shall be further liable to imprisonment until such fine and costs of prosecution shall be paid.
§ 4. All acts and parts of acts inconsistent with this act are hereby
AN ACT to amend title one, chapter seventeen, part one of Auctionthe Revised Statutes, entitled “of sales by auctioneers.”
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. The third section of title one of chapter seventeen, part Amending one of the Revised Statutes, entitled “of sales by auctioneers," is part 1, hereby amended so as to read as follows:
§ 3. All articles, except those mentioned in the fourth and fifth sections of this title, which shall be sold on commission by an auctioneer, by a copartner or clerk of an auctioneer, or by a person in any way connected in the auction business or in auction sales with an auctioneer, whether at auction or private sale, shall be liable to the duties before enumerated. But nothing in this section or title contained was intended or shall be taken or construed to intend any sale or sales of any articles, goods, wares or merchandise, consigned, sent or delivered to any person, firm or copartnership where such goods shall have been or may be consigned, sent or delivered to any such person, firm or copartnership, with orders or directions in good faith to be sold at private sale, and not at auction, and where such goods shall not have been or be sold at auction.
§ 2. This act shall take effect immediately. Ante, vol. 1, p. 490.
CHAP 892. AN ACT relative to janitors in district courts in the city of New York
PASSED May 26, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. The justice of each district court in the city of New of each
Justices York is hereby authorized and empowered to appoint a janitor for district such court, who shall hold office during the pleasure of and be subject appoint a to the direction of the justice of the court for which he is so appointed. janitor. The board of estimate and apportionment of said city is hereby authorized and directed to make provision for the compensation of said jani
Salary. tors, who shall be paid a yearly salary of nine hundred dollars. Nothing in this act contained shall in any manner annul, restrict or affect the powers heretofore granted the department of public works of said city, or the commissioner thereof, concerning the control or care of public buildings, except that said department or commissioner shall not have power or authority to appoint janitors for buildings or parts of buildings leased by said city in which district courts are held.
82. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.
3. This act shall take effect immediately.
Interna- AN ACT for the regulation of international exhibitions held tional exhibitions. under the supervision and auspices of the government of
the United States, within the State of New York, and preventing seizure of articles and goods deposited on exhibition thereat.
Passed May 26, 1880; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Prevent. SECTION 1. No process of attachment, execution, sequestration, ing seizure or articles replevin, distress or any kind of seizure shall be served or levied upon and goods articles, goods, wares, merchandise or property of any description deposited. while the same is en route to or from, or while on exhibition or depos
ited by exhibitors at any international exhibition held under the auspices or supervision of the United States, within any city or county of this State, nor shall such property be subject to attachment, seizure, levy or sale, for any cause whatever, in the hands of the authorities of such exhibition or otherwise.
AN ACT to prevent interference with owners and captains of steamers engaged in the towing business.
Passed May 26, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Persons SECTION 1. From and after the passage of this act, it shall be ucSternetis lawful for any person or persons employing steam vessels for towing. to receive to receive any commission or compensation for any orders given to the pensation. owners, captains or agents of such steam vessel for such towage. And
it shall be unlawful for any person or persons to interfere with or
hinder any owner, captain or agent of any steam vessel engaged in Unlawful towing, while in the prosecution of their business. But the provi. fere with. sions of this section shall not apply to the towing of canal boats, and
nothing herein contained shall repeal or in any manner alter or affat
any existing law or regulation in regard to pilotage or quarantine is Penalties.
the port of New York.
$ 2. Any violation of the preceding section by any person or per sons shall be punishable by a fine of not less than fifty dollars for the first and second offense, and upon any conviction thereafter, for each and every offense to a penalty of not less than one hundred dollar and imprisonment for three months.
83. Any violation of section one, by any captain, owner or agect of steamers, shall be punishable by a fine not less than fifty dollars for the first and second offense; upon any conviction thereafter, for each and every offense, to a penalty of not less than one hundred dollars and imprisonment for three months.
§ 4. Nothing in this act contained shall affect or apply to the plain waters of Lake Champlain. exempt.
8 5. This act shall take effect immediately.
AN ACT to amend chapter two hundred and eighty-seven of Co-operathe laws of eighteen hundred and seventy-nine, entitled tire.com
'An act to provide for the formation of county and town panies. co-operative insurance companies.'
Passen May 26, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Section one of chapter two hundred and eighty-seven of Taxpayers the laws of eighteen hundred and seventy-nine, entitled "An act to companies provide for the formation of county and town co-operative insurance companies," is hereby amended so as to read as follows:
§ 1. It shall be lawful for any number of persons not less than How twenty-five, residing in one or more adjoining towns, or in any county, or in any two adjoining counties in the State, who collectively own property of not less than fifty thousand dollars in value, which they desire to have insured, to form themselves into an incorporated company, for the purpose of co-operative insurance against loss or damage by fire or lightning, by making, signing and acknowledging, before some officer by law authorized to take acknowledgments of conveyances of real estate, a certificate of their intention to form such corporation, stating the town or towns, or the county or counties in which such company intends to do business, its corporate name, which shall embrace the county or counties in cases when the association includes one or more counties, and the name of the town in cases of towns in which the business office of said company is located.
Every person Applicainsured in said company shall sign an application for insurance as re- insurance. quired by the articles of association and by-laws of the company, and thereby become a member thereof.
§ 2. Section two of said act is hereby amended so as to read as follows:
$ 2. Every company formed according to the provisions of this act Directors. shall choose of their members not less than five nor more than nine directors in the case of town insurance companies or associations nor (one director for every town) less than five directors nor more than one director for every town in case of county insurance companies or associations within the territorial limits of said company or association, whose duty it shall be to manage the business of the company or association who shall hold their office one year or until others are elected and qualified ; and said directors shall choose from the members of said company or association a president and a secretary and such other officers as their by-laws shall prescribe. All officers shall be elected by ballot. The business and corporate powers of the companies or associations incorporated under this act shall be exercised by said board of directors, subject to the by-laws of the company or association. The by-laws shall prescribe the number of said directors necessary to constitute a quorum for the transaction of business, and may provide for an executive committee for such purposes as may be necessary, and may require officers to give such bonds as the interests of the company may require.
Policies, how Issued.
insured out of
where a farm extends into other
$ 3. Section six of said act is hereby amended so as to read as follows:
$ 6. The directors of any company formed under this act may issue policies of insurance signed by their president and secretary, agreeing, in the name of said company, to pay all damages, not exceeding the amount insured, done to farm buildings detached at least one hundred feet from other buildings more hazardous, and at least sixty feet from other individual risks, 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 loser; said directors shall not issue policies for less than one year nor for more than five years, and they shall not insure more than three thousand dollars in any one risk in town associations, and five thousand dollars in any one risk in county associations. The directors may issue more than one policy to one person, firm or corporation having separate or detached buildings, detached at least one hundred feet from other buildings more hazardons, and at least sixty feet from other individual risks, and not otherwise prohibited by the by-laws of the company. Said policy so issued shall have attached thereto a printed copy of the by-laws and regulations of the company.
§ 4. Section twelve of said act is hereby amended so as to read as
follows: No prop
$ 12. No company organized pursuant to the provisions of this act erty to be
shall insure any buildings or property out of the limits of the territory
comprised in the articles of association adopted in the formation of the limits except company, except where a person or member of the company, who has
a farm extended beyond the line of the said limits in which he resides,
has buildings on that part beyond, in which case such buildings and territory. their contents may be insured together with his other buildings: nor shall
any company insure any property other than detached dwellings and their contents, stacks of farm produce, live stock owned upon such property, and farm buildings and their contents detached at least one hundred feet from other buildings more hazardous, and as least sixty feet from other individual risks.
§ 5. Section thirteen of said act is hereby amended so as to read as follows:
§ 13. The directors of any company or association 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, unless some other day be designated by the by-laws of any such company or association. At such meeting every person insured shall have one vote, and shall be entitled to vote by proxy at such elections, unless prohibited by the by-laws' of the company or association.
$ 6. Section eighteen of said act is hereby amended so as to read as follows:
§ 18. Any company or association already doing a business of insurcompanies
ance upon the principles prescribed by this act may become organized under pro- and possess all the power, and be subject to the restrictions and regu. visions of this act.
lations required by this act, upon filing a statement of their condition
8 %. This act shall take effect immediately.