CHAP. 178. AN ACT in relation to bets, wagers and pools. PASSED April 25, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Any person who shall keep any room or building, or any part or portion of any room or building, or occupy any place upon public or private grounds anywhere within the state, with apparatus, books or paraphernalia, for the purpose of recording or registering bets or wagers, or of selling pools, and any person who shall record or register bets or wagers, or sell pools upon the result of any trial or contest of skill, speed or power of endurance, of man or beast, or upon the result of any political nomination, appointment or election, or being the owner, lessee or occupant of any such room, building or part or portion thereof, shall knowingly permit the same to be used or occupied for any of the purposes aforesaid, or shall therein keep, exhibit or employ any device or apparatus for the purpose of registering or recording such bets or wagers, or the selling of such pools, or shall become the custodian or depositary for hire or reward, of any money, property or thing of value staked, wagered or pledged, as aforesaid, upon any such result, such person shall be deemed guilty of a misde meanor, and shall, upon conviction, be punished by imprisonment in the county jail for not more than one year, or by fine not exceeding two thousand dollars, or by both such fine and such imprisonment. CHAP. 183. AN ACT to provide for the reduction of the number of directors in fire and marine insurance companies. PASSED April 25, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Number of directors how re SECTION 1. Any existing fire or marine insurance company, organized under any of the laws of this State, may by a vote of two-thirds of its board of directors, and upon a written notice to all its stockholders duced. with the written consent of a majority in amount of its stockholders, reduce the number of directors to not less than thirteen, a majority of whom shall be citizens of this state, by altering or amending its charter in respect to the number of directors, and filing a copy of the charter so amended, together with a declaration under its corporate seal, signed by its president and two-thirds in number of its directors, with such written consent of a majority of its stockholders, in the office of the superintendent of the insurance department; such reduction of the number of directors may be made so as to take effect either immediately or gradually as vacancies may occur in the board of directors by death, resignation, disqualification or otherwise; and when the number of directors shall be reduced as herein provided to thirteen, seven of such number shall constitute a quorum for all purposes. 82. This act shall take effect immediately. Jurisdiction of district court. CHAP. 187. AN ACT relative to summary proceedings to recover the possession of lands for non-payment of rent, and for holding over after expiration of term, in the city of New York. PASSED April 28, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. No justice of the district courts in the city of New York justice of shall hereafter have jurisdiction under the statutes relative to summary proceedings to recover the possession of lands for non-payment of rent, and for holding over after expiration of term unless the premises, the possession of which is sought to be recovered, are located in the judicial district, in and for which said justice was elected. Provided, however, that on the first hearing of any such proceeding the justice before whom such proceeding is brought may, on motion of either party thereto, make an order directing the trial of the issues therein to be held before the justice of an adjoining district. Proviso. Court, where held. abled. § 2. The justice elected in each district must hold court at his court room and at no other place, for the hearing and disposing of proceedWhen jus- ings under the statutes referred to in the first section of this act; if he tice is dis- be unable to hear such proceedings by reason of illness or absence from the place where his court is held, or if said justice be a necessary witness in any such proceeding, or if for any reason he be disqualified to try the issues in any such proceeding, all power and jurisdiction by the said statutes conferred on him may be exercised in his stead by a justice of any of the other district courts of the city of New York, acting for him and in his place and stead. § 3. This act shall take effect on the first day of July, eighteen hundred and seventy-seven. Repealed by ch. 245, L. 1880. See L. 1879, chaps. 101-102, post, p. 704, and Co. Civ. Proc. §§ 2234, 2239, and 2246. CHAP. 197. Highway labor. Amending 1 R. S. 511 1 Edm 471. 6 id. 497. Collection of arrearages of non-resi AN ACT further to amend section fifty of article three, title one, of chapter sixteen of the first part of the revised statutes, in relation to highways. PASSED April 30, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section fifty of article three, title one, of chapter sixteen of the first part of the revised statutes, is hereby further amended so as to read as follows: § 50. It shall be the duty of each board of supervisors at their annual meeting in each year, to cause the amount of such arrearages for highway labor returned to them severally as provided in the preceding section, estimating each day's labor at one dollar and fifty cents a day, to be levied and collected from dent labor. the real or personal estate of the person, corporation or non-resident real estate from which said arrearages of highway labor may remain unpaid, and to be collected by the collector of the several towns in the same manner that other taxes are collected, and order the same when collected by said collector to be paid over to the commissioner of highways of the town wherein the same is collected, to be by them applied toward the construction, repair and improvement of the roads and bridges in the district in which the labor was originally assessed. § 2. This act shall take effect immediately. CHAP. 198. AN ACT authorizing the commissioners of the land office to exchange lands on the Onondaga salt springs reservation. PASSED April 30, 1877; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The commissioners of the land office may, in their discretion, whenever, in their judgment, it shall be for the interest of the state, exchange any lands on the Onondaga salt springs reservation, set apart for the manufacture of fine or coarse salt, for any lands belonging to individuals, which would, in their opinion, be better adapted and more available for the manufacture of salt; provided, however, in no case shall such exchange be made for a less amount in area of land. Nor shall any money be paid by the state for any supposed difference in value of the individual land in excess of the value of the land of the state, but the state may demand and receive any difference in money, in the value of the state land which, in the judgment of the said commissioners of the land office, there may be over the value of the individual land so offered in exchange. § 2. This act shall take effect immediately. CHAP. 206. AN ACT regulating the practice in the surrogate's court of the county of New York, respecting testimony taken in contested matters, and as to the issue of letters of guardianship to testamentary guardians. PASSED May 2, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: minutes. SECTION 1. The stenographer of the surrogate's court of the county of New StenYork shall hereafter make one plain copy of the minutes of the testimony taken ographer's by the said surrogate in all contested matters before him as such surrogate, and the said minutes shall be securely bound in volumes of a convenient size and shape, which said volumes shall be indorsed upon their backs "stenographic minutes," and numbered numerically beginning with number one. cord tes § 2. In all such contested matters, the said surrogate shall not hereafter be Surrogate required to record the testimony taken therein, nor shall he be required to re- not to record the testimony heretofore taken in such contested matters, and not yet re- timony. corded, but the record thereof shall refer to such testimony as filed in his office, giving the number of the volume and page of the said stenographer's minutes of the said testimony, and where a will has been contested, the fact of such contestation shall be stated in the record thereof. ographer's § 3. The record of all such contested matters, and the said stenographer's Record minutes, may be certified by the clerk to the surrogate's court, and shall be as and sten-, effectual for all purposes as if the said testimony had been recorded in the minutes as manner now prescribed by law, and a certified or exemplified copy of the record evidence. of all such matters shall be as effectual for all purposes of evidence as if said testimony was annexed to and formed a part of said certified or exemplified copy. when and § 4. A testamentary guardian appointed in any last will and testament, Testawhich shall be admitted to probate by said surrogate, shall, if he accepts the mentary appointment, qualify within thirty days after said probate, by taking an oath guardian similar to that now required of general guardians, and thereupon said surrogate how to shall issue letters of guardianship to him, or he may renounce such appointment. qualify. § 5. If such testamentary guardian does not appear and qualify, or renounce Effect of his said appointment, within said thirty days, then such proceedings may be failure to qualify. taken for his renunciation as may now by law be taken against an exccutor who fails to qualify or renounce his appointment. § 6. Objections may be filed against the issue of letters of guardian- Objections ship to the testamentary guardian named in any last will and testa- to testa Effect of failure to qualify. Objections § 5. If such testamentary guardian does not appear and qualify, or renounce his said appointment within said thirty days, then such proceedings may be taken for his renunciation as may now by law be taken against an executor who fails to qualify or renounce his appointment. § 6. Objections may be filed against the issue of letters of guardianship to the testamentary guardian named in any last will and testaguardian. ment by any party interested in the estate of the testator, for any of the causes which now render an executor incompetent to act as such, and thereupon such proceedings shall be had as are now by law prescribed, where objections are filed against the issue of letters testaTestamen- mentary to an executor named in any last will and testament. to testamentary tary guard ian not to act till letters issue. § 7. Until letters of guardianship shall be duly issued to a testamentary guardian, he shall have no power or authority over the persons or estates of the minors for whom he is named as such guardian. § 8. This act shali take eff et immediately. Repealed by ch. 245, L. 1880. See Co. Civ. Proc., §§ 2541-3, and 2851-2. Embezzlement by executors, etc. CHAP. 208. AN ACT to define and punish embezzlement by executors, administrators, guardians and trustees. PASSED May 2, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. If any person acting as executor, administrator, trustee guardians. or guardian, appointed by any will, deed, or other written instrument, or by the judgment or order of any court or judicial officer in this state, shall convert to his own use, or take, make way with, or secrete with intent to convert to his own use, or shall fraudulently withhold any money, goods, property, rights in action, or other valuble security or effects whatever, belonging to the estate or person or persons for whose benefit or in whose behalf such executor, administrator, trustee or guardian may have been appointed, and which shall have come into his possession or under his care or control by virtue of such trust, employment or office, he shall be adjudged guilty of embezzlement, and shall, upon conviction, be punished by a fine not less than the amount shown on the trial to the satisfaction of the courts to be so embezzled, with interest and twenty per cent thereon in addition, and he shall be imprisoned in the state prison until such fine be paid, but not for a Fine to be period exceeding five years. Punishment. paid to County § 2. The amount of such fine, to the extent of the sum so embezzled, treasurer. together with seven per cent interest thereon from the time of such embezzlement, and costs of action for the recovery of judgment for the amount so embezzled, shall, after its collection, be paid to the county treasurer subject to the order of the supreme court in the district where the conviction has been had for the benefit of the estate or the party or parties for whose benefit or in whose behalf the person so convicted was acting as such executor, administrator, trustee or guardian, and shall only be drawn out on application to and under the treasurer. order of the court, and so much of the amount collected for such fine as shall be necessary for that purpose, shall be applied in satisfaction of any judgment or decree obtained in a court of law or equity on account of the embezzlement for which such conviction was had; and any amount not so drawn out within two years after such conviction, shall be paid to the county treasurer of the county in which such con How drawn from viction was had for the use of such counte hut chall tha and】 satisfaction of such judgment or decree in case such judgment or decree shall be recovered after the expiration of said two years. §3. In case of the payment of the amount embezzled and interest Remitting at seven per cent by the person convicted, or of the collection of the fine. same by civil action, the court may, in its discretion, upon application by such person and notice to the parties interested in the fund or property embezzled, and to the district attorney of the county, remit the fine imposed except the additional percentage. CHAP. 209. AN ACT regulating the amount of capital stock for fire and marine insurance companies. PASSED May 2, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Capital of SECTION 1. No company shall be hereafter organized under the laws. of this state for the transaction of fire or marine insurance business insurance with a smaller capital than two hundred thousand dollars, the same to compabe paid in in cash. nies. Foreign §2. Companies from other states and countries applying for admission to this state shall be possessed of at least the amount of capital companrequired from companies organized under the laws of this state, the ies. same to be paid in in cash. § 3. All acts or parts of acts inconsistent with this act are hereby Repeal. repealed. § 4. This act shall take effect immediately. Section 1 amended 1878, ch. 337, post, p. 631. Sec. 2 amended 1879, ch. 490, post, p. 806. CHAP. 210. AN ACT to incorporate the New York State Bar Association. PASSED May 2, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows: New York tion. SECTION 1. The members of the voluntary association which was formed in the city of Albany, November twenty-first, eighteen hundred and seventy six, under the name of the New York State Bar AssociaAssociation, of which association John K. Porter of the first judicial district is president, and Charles W. Sandford of the first judicial district, John J. Armstrong of the second judicial district, Samuel Hand of the third judicial district, Platt Potter of the fourth judicial district, William C. Ruger of the fifth judicial district, Horatio Ballard of the sixth judicial district, James L. Angle of the seventh judicial district, and Myron H. Peck of the eighth judicial district are vice-presidents, and of which the judges of the United States courts residing in this state, the judges of the court of appeals, and the justices of the supreme court of this state are honorary members, and all persons who shall |
