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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.
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.
8 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 comp, 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- maanar to fully neglect to make or execute the same, snch officer shall be guilty neglect or of å misdemeanor, and any such officer, who in such return shall make make a willful false statement, shall be subject to the pains and penal- return. 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 recover 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- les 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.
85. This act shall take effect immediately.
Code of AN ACT to amend section four hundred and thirty-five of Civil Procedure.
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 As
sembly, do enact as follows: Sec. 430, SECTION 1. Section four hundred and thirty-five of the Code of amended.
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 summons for the service thereof upon a defendant residing within the State may upon de- be made by the court or a judge thereof, or the county judge of the
county where the action is triable, upon satisfactory proof, by the afiupon what 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.
2. This act shall take effect immediately.
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 seventysix, 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 a 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.
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- beert tea after, at the time of making and filing such reports, serve a copy on attor thereof 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 he is now required by law to make and file such report, or shall neg- compel lect for the same length of time to serve a copy thereof on the attor- makine
report, etc ney-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 proceed- new.gening 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.
8 5. This act shall take effect immediately.
CHAP 588. Criminal AN ACT to amend chapter one hundred and seventy-six of
the laws of eighteen hundred and seventy-nine, entitled "An act to amend chapter eighty-two of the laws of eighteen hundred and fifty-two, entitled 'An act in relation to writs of error in behalf of the people in criminal cases.""
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: Sec. 1, ch. SECTION 1. Section one of chapter one hundred and seventy-six of of 1879, the laws of eighteen hundred and seventy-nine, entitled “An act to amended. amend chapter eighty-two of the laws of eighteen hundred and fifts
two, entitled “An act in relation to writs of error in behalf of the
people in criminal cases,'” is hereby amended so as to read as follows: Writof 8 1. Writs of error to review any judgment rendered in favor of behalf of any defendant upon any indictment for any criminal offense, except people may issue when such defendant shall have been acquitted by a jury, and to reexcept in view any decision or order quashing any indictment, may be brought acquittal in the behalf of the people of this State by the district attorney of the by a jury. county where such judgment, decision or order shall be rendered or
granted, upon the same being allowed by a justice of the supreme court; and the court of appeals shall have full power to review, by writ of error in behalf of the people, any such judgment, decision or
order rendered, or granted in the supreme court, in favor of any deConviction fendant charged with a criminal offense. And in all cases now pend
ing or hereafter brought, a conviction for a criminal offen se shall be judgment.
deemed a final judgment, when sentence shall have been suspended by
$ 2. This act shall take effect immediately.
Valuation AN ACT in relation to the valuation of the property of the
president, managers and company of the Delaware and Hudson Canal Company in school districts, for the purpose of taxation.
PASSED June 1, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. It shall be the duty of the town assessors, within fifteen tion valua- days after the completion of their annual assessment list, to apportion
the valuation of the property of the president, managers, and company of the Delaware and Hudson Canal Company, as appears on such assessment list, among the several school districts in their town
tion among several school districts.
in which any portion of said property is situated, giving to each of said districts their proper portion, according to the proportion that the value of said property in each of such districts bears to the value of the whole thereof in said town.
§ 2. Such apportionment shall be in writing, and shall be signed by To be in said assessors, or a majority of them, and shall set forth the number writing, of each district, and the amount of the valuation of the property of the president, managers and company of the Delaware and Hudson Canal Company, apportioned to each of said districts; and such apportionment shall be filed with the town clerk, by said assessors, or one of them, within five days after being made ; and the amount so apportioned to each district shall be the valuation of the property of said Delaware and Hudson Canal Company, on which all taxes against said Delaware and Hudson Canal Company in and for said districts shall be levied and assessed until the next annual assessment and apportionment.
8 3. In case the assessors shall neglect to make such apportion- Supervisor ment, it shall be the duty of the supervisor of the town, on the application of the trustees or board of education of any district, or of the case of said Delaware and Hudson Canal Company, to make such appor- assessors. tion ment, in the same manner and with like effect as if made by said assessors.
§ 4. The town clerk shall, whenever requested, furnish to the trustees Certifled or board of education of each district a certified statement of the to be furamounts apportioned to such district, and the name of the company to which the same relates.
8 5. The town clerk shall, whenever requested, once each year, fur- To agent nish to the agent of the said Delaware and Hudson Canal Company pany. and to the trustees or board of education of each school district to which any portion of said appropriation belongs, a certified copy of said apportionment.
8.6. In case any alteration shall be made in any school district, af- In case of fecting the property of the said Delaware and Hudson Canal Company, of district; the officer making such alteration shall at the same time determine valuation what change in the valuation of the said property in such district changed. would be just, on account of the alteration of such district, and the valuation shall be accordingly changed.
8 7. This act shall take effect immediately.
to make same in
CHAP 541. AN ACT to compel the maintenance of certain lights on swing Hudson
bridges across the Hudson river.
PASSED June 1, 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 individual, association of individuals, company Lights or corporation, owning, maintaining or operating a swing bridge across upon the Hudson river shall, during the season of navigation, between sun- bridges. down and sunrise, keep and maintain the following lights: Upon every such swing bridge with water way on each side of pivot pier Descrip eight lights located as follows: On the east rest pier on or over the tlon. north end one red light, on or over the south end one red light, on