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CHAP. 595.

New York AN ACT to authorize the reading in courts and proceedings of the compilation entitled "The special and local laws affecting public interests in the city of New York, and to declare the effect thereof."

Volume

may be read in

tive evidence of special

and local laws.

PASSED June 26, 1880.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The volume entitled "The special and local laws affecting public interests in the city of New York," and printed by order of evidence. the legislature of eighteen hundred and eighty, may be read in eviPresump dence and cited in any court or proceeding. Said volumes shall be considered as containing presumptively all special or local laws affecting public interests in force in the city of New York, on the first day of January, eighteen hundred and eighty, but this presumption shall not be considered as extending to special laws relating to any corpora tion (other than the mayor, aldermen and commonalty), or to any association or society, nor shall the insertion or omission of any law relating to any such corporation be construed as in any manner affecting the corporate existence of any such corporation or its possession of its franchises.

Foreign

tions, etc.,

to pay

CHAP. 596.

AN ACT to provide for the taxation of banks and of moneyed capital engaged in the business of banking, receiving deposits or otherwise.

PASSED June 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. Every corporation, company or joint stock association corpora- created under the laws of any other State or country, and the manaengaged gers or agents of every such corporation, company or joint-stock assoin banking ciation, who receive deposits, loan money, sell bills of exchange or issue state tax of letters of credit, or in any other manner are engaged in business as one per bankers in this State, shall annually, on or before the first day of February in each year, pay to the comptroller a State tax of one-half of one per cent on the average of all sums of money used or employed by them in this State during the year ending the preceding thirty-first day of December.

one-half of

cent on

capital.

To make returns

and pay tax to

comptroller.

§2. It shall be the duty of every corporation, company, joint-stock association and of the officers, managers or agents thereof, who, under the provisions of this act, are liable to pay a State tax, to make return to the comptroller in writing on or before the first day of February in each year, of the State tax to which they are so liable, and of the deposits or sums of money used or employed respectively on which such tax is based, which return shall be verified by oath or affirmation, and for any failure or neglect to make such return or pay said tax, a penalty of ten per centum on the amount of tax due is hereby imposed;

such penalty and the tax to be recovered by the people of this State, in an action to be brought in any court of competent jurisdiction, by the attorney-general at the instance of the comptroller.

stock

etc.

bank is

§ 3. The stockholders in every bank, banking association or trust Tax on company, organized under the authority of this State, or of the United holders in States, shall be assessed and taxed on the value of their shares of stock banks, therein; said shares shall be included in the valuation of the personal To be asproperty of such stockholders in the assessment of taxes at the place, sessed city, town or ward where such bank, banking association or trust com- where pany is located, and not elsewhere, whether the said stockholder re- located. side in said place, city, town or ward or not, but in the assessment of said shares, each stockholder shall be allowed all the deductions and exemptions allowed by law in assessing the value of other taxable personal property owned by individual citizens of this State, and the assessment or taxation shall not be at a greater rate than is made or assessed upon other moneyed capital in the hands of individual citizens of this State. In making such assessment there shall also be de- Deduction ducted from the value of such shares such sum as is in the same pro- assessportion to such value as is the assessed value of the real estate of the ment. bank, banking association or trust company, and in which any portion of their capital is invested, in which said shares are held, to the whole amount of the capital stock of said bank, banking association or trust company; nothing herein contained shall be held or construed to exempt the real estate of banks, banking associations or trust companies from either State, county or municipal taxes; but the same shall be subject to State, county, municipal, and other taxation to the same extent and rate, and in the same manner according to its value as other real estate is taxed.

in making

Correct

holders

subject

tion.

§ 4. There shall be kept at all times in the office where the business list of of each bank, banking association or trust company, organized under stockthe authority of this State, or of the United States, shall be transacted, to be kept a full and correct list of the names and residences of all the stock-in bank holders therein, and of the number of shares held by each; and such to instruc list shall be subject to the inspection of the officers authorized to assess taxes, during the business hours of each day in which business may be Account legally transacted. The managers or agents of any corporation, com- of moneys pany or joint-stock association mentioned in the first section of this used, etc. act, shall keep at all times in the office where the business of such corporation, company or joint-stock association is transacted in this State, a full and accurate account of the moneys used or employed, and of the deposits therein; and such account shall be subject to the inspection of the comptroller or of any clerk designated by him to inspect the same during business hours of any day on which business may be legally transacted.

§ 5. When the owner of stock in any bank, banking association or trust company, organized under the laws of this State, or of the United States, shall not reside in the same place where the bank, banking association or trust company is located, the collector and county treasurer shall, respectively, have the same powers as to collecting the tax to be assessed by this act as they have by law when the person assessed has removed from the town, ward, or county in which the assessment was made, and the county treasurer, receiver of taxes, or other officer authorized to receive such tax from the collector, may all or either of them have an action to collect the tax from the avails of the sale of his shares of stock, and the tax on the share or shares of said stock shall be and remain a lien thereon from the day when the property is

Collection of tax.

Duty of bank, etc.,

to collec

tion of tax.

by law assessed, till the payment of said tax, and if transferred after such day, the transfer shall be subject to such lien.

§ 6. For the purpose of collecting the taxes to be assessed under secin relation' tions three, four and five of this act, and in addition to any other law of this State, not in conflict with the constitution of the United States relative to the imposition of assessment and collection of taxes, it shall be the duty of every such bank, banking association, or trust company, and the managing officer or officers thereof, to retain so much of any dividend or dividends belonging to such stockholder as shall be necessary to pay any taxes assessed in pursuance of sections three, four and five of this act until it shall be made to appear to such officer or officers that such taxes have been paid.

[blocks in formation]

Health officer to appoint

etc.

§ 7. This act shall take effect immediately.

EXTRACTS FROM SUPPLY, ETC., BILLS.

[Some provisions contained in the appropriation and deficiency bills, which are of general and permanent importance, are for greater convenience printed here. The following paragraph is from chap. 193, L. of 1876, being the deficiency bill of that year, and passed May first :]

"Hereafter the compensation of sheriffs for transporting convicts to the several State prisons, houses of refuge and penitentiaries of this State shall not exceed twenty cents for each mile for each convict, when not exceeding two convicts are conveyed."

(See, in connection with the above, the extract from chap. 128, L. 1877, post.)

The following paragraph is also from chap. 193, L. 1876. A similar provision was inserted in chap. 634, L. 1875.

"The health officer shall appoint at least four policemen, whose services shall be paid for by him, and may dismiss them or either of them at pleasure, policemen, and appoint others in their places. Such policemen shall perform patrol and police duty under the direction of the health officer, in connection with the quarantine establishment, and upon the waters of the bay of New York; and they shall possess all the powers possessed by policemen in the cities of New York and Brooklyn; and any person arrested by either of said policemen for violating any law or regulation relating to quarantine, in said port, may be taken by him before any court of criminal jurisdiction, or any magistrate or police justice within the county of Richmond, and thereupon the court, magistrate or police justice before whom such offender shall be brought, shall have jurisdiction to hear, try and punish the offender for the offense committed by him in the same manner and with the like effect as if the same had been committed within the limits over which such court, magistrate or police justice has jurisdiction to punish for offenses under existing laws."

Fees of sheriffs

for trans

From chap. 128, L. 1877, passed April 14, 1877.

"Hereafter, the compensation to sheriffs for conveying one convict to a State prison or penitentiary from the county prison, for each mile actually trav portation eled twenty cents; for conveying two convicts, for each mile so traveled thirtyof convicts five cents; for conveying three convicts, for each mile so traveled forty cents; to prisons, etc. and for conveying four or more convicts, for each mile so traveled twelve cents each; with one dollar per day for the maintenance of each convict while on the way to a State prison or penitentiary, but not exceeding one dollar for every thirty miles of travel, in full of all charges and expenses in the premises."

ler to

From chap. 252, L. 1878 (passed May 13, 1878), the following paragraphs. "The comptroller is hereby authorized and empowered, whenever he shall Comptroldeem it necessary, to examine, or cause to be examined, the financial affairs examine and business administration of any asylum for the insane, State prison, reforma- penal and tory, house of refuge, or other charitable or penal institution receiving appro- institucharitable priations from the State treasury; and for that purpose the comptroller, or the tions. agent designated by him to conduct such examination, shall have power to administer oaths and to subpoena witnesses, and shall have free access to all account books, vouchers and records of any institution which shall be investigated in pursuance of this authority, and the sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated to carry this provision into effect."

66

(Referring to chap. 495, L. 1875, ante, p. 165.)

-from and after the said thirtieth day of September, eighteen hundred and seventy-eight, said section six, and also section twenty-nine of said chapter four hundred and ninety-five, are hereby repealed."

Ante, vol. 9, p. 891 (section six).

From the Deficiency Bill of 1880 (chap. 549, passed June 7, 1880), the following

paragraph:

66 - the State board of charities is hereby authorized to cause the removal to the countries whence they came, of any crippled, blind, lunatic or other infirm alien paupers sent to this country by cities or towns in the various governments of Europe, or by societies, relatives or friends, and who may be found in any poor-house, alms-house or other institutions of charity in this State."

The following paragraph from chap. 91 of the Laws of 1879:

"Hereafter no person who has not resided within this State for at least one year next prior to application for his or her admission into any State asylum for the idiotic, blind, insane or deaf and dumb, shall be admitted as an inmate therein."

Repeal of 8 and 29 ch.

sections

495, L. 1875

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