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CHAP 588

without

be built

rivers.

AN ACT to regulate the passage of lumber, logs and other Transportimber upon the rivers of this State, recognized by law or lumber,

logs and common use as public highways for the purpose of floating other and running lumber, logs and other timber over or upon the timber. same to market or places of manufacture.

Passed May 31, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. There shall be no dam hereafter erected on rivers within No dam this State, recognized by law or use as public highways for the purpose aprou to of floating and running lumber, logs and other tim ber over or upon the same, without an apron of at least fifteen feet in width, in the navigable middle of the current of the rivers, of a proper slope, for the safe passage of lumber, logs and other timber; nor shall any bridge hereafter be built over the aforesaid rivers, except in such manner as not to obstruct or prevent the free and uninterrupted passage of lumber, logs and other timber down and along the same.

§ 2. Any person or persons who shall hereafter erect any boom or Booms, booms or works other than dams in or across the waters of said rivers, opened on for the purpose of stopping or securing lumber, logs or other timber, notice. or any other proper or necessary purpose, shall, within ten days after he or they, or his or their agents, shall have received notice by or from any person who shall have lumber, logs or other timber to transport on said rivers, open the said booms or other works so as to permit the assorting and passage and to allow such lumber, logs and other timber to pass through and down said rivers; and for a failure of so doing Penalty shall be liable to a penalty of fifty dollars for each day of the contin- for failure. uance of such obstruction, to be recovered by any person aggrieved thereby, and in addition shall be liable for all damages sustained by any person in consequence of such obstructions; and any person willfully obstructing, by booms or otherwise, the channels of said river so that the space of thirty feet shall not be open for use shall be liable for the penalty named in this section, to be recovered by the party aggrieved, the cost and labor of such assorting and passage to be borne by the parties desiring such logs, lumber and other timber to pass below such booms.

$ 3. Persons desirous of floating or running lumber, logs or other Shutes timber down the rivers mentioned in the first section of this act may and construct a shute or apron in connection with any dam across said rivers, and may reconstruct any booms or other works already con- tion with structed in, over or across said rivers in such manner as to allow lumber, logs or other timber to pass by the same, and may remove obstructions in said rivers and construct such other piers, booms or other works as may be necessary for the passage of lumber, logs or other timber over and through the channels of said rivers, doing no injury or damage to the owner or occupant of such boom, dam or other works, or to the owner or occupant of any land on which such piers, booms, dams or other works may be constructed, or lands flooded thereby, and paying to such owner or occupant such damages as he or they Damages may sustain by reason of the construction of such piers, booms, or to be paid. other works, or the flooding of lands thereby, and in case the

aprons in connec

same.

Claims for damage.

be put on logs and

viously

Effect of neglect to

mark.

amount of such damage cannot be amicably arranged by the parties interested, the same shall be appraised by three commissioners, to be appointed by the county court of the county in which the owner or occupant claiming damage shall reside, on the application of any person interested in the appraisal of such damage, on three days notice in writing to the opposite parties of the time and place of making such application. Such booms and other works which shall be so constructed as aforesaid, and the owners and occupants thereof shall hereafter be subject to the provisions of section two of

this act. Foregoing $ 4. The provisions of the foregoing sections of this act shall sections, how to be not be construed to impair or abridge any private or individual construed.

rights, except so far as may be necessary for the improvement of said rivers, for floating or running lumber, logs or other timber down the

8 5. Any person making claim for damage arising under this act shall apply within one year after the occurrence of the same, or be de

barred from recovering the same. Marks to § 6. Any person who shall put any lumber, logs or other timber into

the said rivers, for the purpose of floating and running them down timber to the same, shail select some mark different from any mark previously

recorded, and put the same on to each log or stick of timber, in a conrecorded.

spicuous place, so put into said rivers, and shall cause the said mark to be recorded in the county clerk's office of the county in or through which said river is, in whole or part, situated.

$ 7. Every person who shall neglect to enter his mark, as required record in the foregoing section, shall be debarred from all benefit arising from

the due entry of such mark, and the assignee or vendor of such logs or

timber shall be subject to the same regulations and restrictions. Clerk's $ 8. The clerk of the county in which suid mark shall be recorded

shall be entitled to the sum of fifty cents for recording such mark, to be paid by the person requiring the same to be recorded, and a copy of said entry, certified by said clerk, shall be received as presumptive evi. dence in all courts in this State that the logs or timber having such mark is the property of the person by whom such mark was selected and recorded.

§ 9. No person not authorized as herein before directed shall stop, from land- take up or draw to or lodge on the shore of the aforesaid named rivers, etc., with or any island therein, any lumber, logs, timber, boards or plank float

ing in said rivers, without the consent of the owner or owners thereof, and every person offending in the premises shall, for each offense, forfeit the sum of ten dollars to the person aggriered, and in addition thereto shall be liable to the owner or owners of such lumber, logs, or

timber for all damages sustained thereby. intending

§ 10. Any person or persons intending to float or run lumber, logs

or other timber upon and over any of the rivers mentioned in the first to executo section of this act shall first execute a bond with sufficient sureties, in

the sum of five thousand dollars, to be approved by the county judge of the county or counties in or through which the river or rivers proposed

to be used flow, and file the same in the clerk's office of said county or Condition counties, as an indemnity against any and all loss and damage that

may be occasioned or done to any and all property, public or private,

in or upon said river or its banks, by the reason of the use of said Action by river or rivers under the provisions of this act. And any person sufsuffering fering such loss or damage may maintain an action in his own name

against the parties executing such bond, for his loss and damaye afore

fee.

Persons

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out consent of owner.

Persons

to float

bond.

loss.

said. Until such bond shall have been executed, approved and filed as aforesaid, no person or persons shall float or run any lumber, logs, or other timber upon or over any of said rivers or assist in so doing; and whoever shall violate this provision shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding five thousand dollars, or imprisonment not to exceed six months, or by both such fine and imprisonment.

§ 11. This act shall not apply to the Hudson river, nor be construed to repeal any existing law now applicable to any river or rivers in this State.

$ 12. This act shall take effect immediately.

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Life Ing.

CHAP 584. AN ACT to provide for the taxation of life insurance com- Life insur panies.

panies. PASSED May 31, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Every life insurance company incorporated under the Tax on laws of this State shall annually, on or before the first day of February, Co's. pay to the treasurer of the State, as a tax on its corporate franchise or business in this State, a sum equal to one per centum upon the gross Amount. amount of premiums, interest and other income, exclusive of rents, received by such company during the year ending the preceding thirtyfirst day of December, from persons residing in this state or investments represented by or based upon property situated in this State.

§ 2. Every such insurance company shall, annually, on or before Return to the first day of February, make a return to the treasurer and comp- and Scomp, troller of the State, signed and sworn to by its president and secretary, troller. giving the total amount of premiums, interest and other income, exclusive of rents, received by such company during the year ending the preceding thirty-first day of December, from persons residing in this State, or investments represented by or based upon property situated in this State.

§ 3. If any officer of any life insurance company, required by the Misdepreceding section to make and execute a return, shall refuse or will- meanor to

willfully fully neglect to make or execute the same, snch officer shall be guilty neglector of a misdemeanor, and any such officer, who in such return shail make a willful false statement, shall be subject to the pains and penal- return.

a ties of perjury. All taxes unpaid when due by such company under this act may be collected by action brought in the supreme court in Action to the name of the people of the State by the attorney-general at the instance of the comptroller, and in such action the court may issue an injunction restraining the further prosecution of the business of the corporation named therein nntil such tax due and unpaid, together with interest and the costs of the action, are paid, and until the return required by this act is made,

§ 4. The lands and real estate of life insurance companies shall continue to be assessed and taxed where situated for State, city, town, Lands of county, village, school, or other local purposes, but the personal prop- jes to be erty of said companies, and shares of stock therein, shall hereafter be assessed exempt from assessment or taxation except as in this act prescribed.

§ 5. This act shall take effect immediately.

refuse to make

recover tax.

compan

where situated.

CHAP 585.

Code of Civil Procedure.

Sec. 430, amended.

service of summons upon defendant

AN ACT to amend section four hundred and thirty-five of

the Code of Civil Procedure.

PASSED May 31, 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 four hundred and thirty-five of the Code of

Civil Procedure is hereby amended so as to read as follows: Order for § 435. Where a summons is issued in any court of record, an order

for the service thereof upon a defendant residing within the State may

be made by the court or a judge thereof, or the county judge of the residing in county where the action is triable, upon satisfactory proof, by the affithis stateat davit of a person not a party to the action, or by the return of the proof to be sheriff of the county where the defendant resides, that proper and dil

igent effort has been made to serve the summons upon the defendant, and that the place of his sojourn cannot be ascertained, or if he is within the State, that he avoids service, so that personal service cannot be made.

8 2. This act shall take effect immediately.

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Code of Civil Procedure.

Sub. 7, sec. 872, amended.

AN ACT amending subdivision seven, chapter four hundred

and forty-eight of the laws of eighteen hundred and seventy: six, commonly known as the Code of Civil Procedure.

Passed May 31, 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 seven of section eight hundred and seventytwo of chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six is hereby amended to read as follows:

7. Any other fact necessary to show that the case comes within one of the last two sections, and if the party sought to be examined is s corporation, the affidavit shall state the name of the officers or directors thereof, or any of them whose testimony is necessary and material, or the books and papers as to the contents of which an examination or inspection is desired, and the order to be made in respect thereto shall direct the examination of such persons and the production of such books and papers.

8 2. This act shall take effect immediately.

What affidavit to state.

CHAP 587.

corporations.

report to

ney-general.

report, etc,

а

AN ACT in relation to receivers of insolvent corporations. Insolvent

PASSED May 31, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. All receivers of insolvent corporations who are now re- Copy quired by law to make and file reports of their proceedings shall here- be served after, at the time of making and filing such reports, serve a copy on attorthereof upon the attorney-general of this State.

§ 2. In case any receiver of an insolvent corporation shall neglect to Motion by make and file a report of his proceedings for thirty days after the time attorneys

general he is now required by law to make and file such report, or shall neg- compel

making lect for the same length of time to serve a copy thereof on the attorney-general, as required by the first section of this act, the attorneygeneral may make a motion in the supreme court for an order to compel the making and filing and serving a copy on him of such report, or for the removal of such receiver from his office.

83. If at any time the attorney-general shall have reason to be. Motion to lieve that the interests of the stockholders, creditors, policy-holders, receiver depositors or other beneficiaries interested in the proper and speedy may be distribution of the assets of such insolvent corporation will be sub- attorneyserved thereby, he may make a motion in the supreme court, at a spe- general. cial term thereof in the third judicial district, or in the judicial district in which such insolvent corporation is located, for an order removing such receiver, or to compel him to account, or for such other or additional order or orders as to the court may seem proper to facilitate the closing up of the affairs of such receivership.

§ 4. A copy of all notices of motion and of all motion papers, Copy of and a copy of any other application to the court, and a copy of all papers and papers on which the same is founded, together with a copy of the order orders to or judgment to be proposed thereon to the court, specifying the on attoramount of any allowance to be applied for, in any action or proceede pengening in which a receiver of an insolvent corporation has been or shall be appointed, shall in each case be served upon the attorney-general, in the same manner as provided by law for the service of papers on attorneys who have appeared in actions or special proceedings, and no order or judgment granted shall vary in any material respect from the relief specified in such copy order, or judgment, unless the attorney-general shall appear on the return day and have been heard in relation thereto.

5. This act shall take effect immediately.

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