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CHAP 486.

County treasurers to designate banks of deposit.

moneys.

as to de

AN ACT in relation to county treasurers.

Passed June 9, 1877; 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 county treasurer, hereafter elected or appointed, of each county in this state, except the city and

county of New York, within twenty days after he shall have entered Amended upon the duties of his office, to designate by instrument in writing, in Dorte

, ch. 94, duplicate, one copy whereof shall be filed in the office of the clerk of postp.

such county and one in the office of the state treasurer, one or more good and solvent banks, bankers or banking associations in such county, or in case there shall be no such good and solvent bank, bankers or banking association in such county, then in an adjoining county within this state, for the deposit of all moneys received by such treasurer, and to agree with such bank or banks, banker or bankers,

association or associations upon a rate of interest per annum to be Intoreston paid on the moneys so deposited. And the accrued interest thereon deposits.

shall, as often as once in six months, be credited by such depositary or

depositaries to the account of such county treasurer, for the use of Treasurer said county; and such treasurer shall deposit with such depositary or toodeposit depositaries at least once in each week, and in any county containing

a city having more than ten thousand inhabitants, daily, all such Limitation moneys so received by him. But in no county having a city containpositaries.

ing more than twenty thousand inhabitants shall any bank, banker or banking association, be selected as such depositary which shall not

have an unimpaired capital stock of at least one hundred thousand Proviso. dollars. Provided however that nothing herein shall limit the power

of any court or officer by whose direction any moneys shall be paid over to, or received by, such treasurer, to direct in relation to the custody or investment thereof, or the disposition to be made of the interest thereon; and no interest received from any moneys so deposited, which

are not received for some public use, shall belong to such county. Depositary $ 2. Each bank, banker or banking association so designated shall,

for the benefit and security of the county, and before receiving any such deposit, give to the supervisors of such county a good and sufficient bond, with two or more sureties, to be approved by the county judge of the county in which such bank, banker or banking association shall be located, and the chairman of the board of supervisors of the county of which such treasurer is an officer, and by such treasurer. Such bond shall specify the amount which such treasurer shall be authorized to have on deposit at any one time with such depositary, and shall be in a penal sum of twice such amount, and shall be conditioned for the safe-keeping and payment on the order or warrant of such treasurer, or upon other lawful authority, of such deposits and of the agreed interest thereon, and for the payment of such bonds or coupons as by their terms are made payable at a bank or banks, and for the payment of which a deposit shall be made by such treasurer with such depositary. And it shall be the duty of the clerk of the board of supervisors to file such bond in the office of the clerk of such county

to give bond

from

only to be

claims.

ring

$ 3. The designation of any such bank, banker or banking associa- Treasurer tion, and the deposit of moneys therewith by such treasurer, shall not relieved release him or his sureties from any liability in relation to such moneys,

liability. or in any manner affect such liability; but any default by such depositary in relation to such moneys shall be deemed the default of such treasurer, and he and his sureties shall be liable therefor. But such treasurer and his sureties shall have the right to collect from such depositary or its sureties, any amount or amounts which such treasurer or his sureties, shall pay by reason of the default of such depositary.

§ 4. Such county treasurer shall draw the moneys so deposited only Moneys for the payment of claims ordered to be paid by the board of supervi- drawn for sors or other lawful authority, or pursuant to the lawful direction of county some court; and if he shall draw or appropriate any such moneys for

Misapproany other purpose, it shall be deemed malfeasance in office, and cause priatlon. for removal therefrom. But nothing herein contained shall prevent Transfersuch county treasurer from depositing from time to time, such moneys, deposite. or some portion thereof, in any other bank or banks, association or associations, or with any other banker or bankers, authorized to receive the same in deposit under this act, or from transferring any such moneys from one depositary to another, which shall have duly qualified by giving security as herein provided.

$ 5. Every county treasurer hereafter elected or appointed shall re- Salary of ceive as compensation for his services an annual salary, to be fixed by treasuror. the board of supervisors. He shall not receive to his use any interest, fees or other compensation for his services, except in proceedings for the sale of lands for unpaid taxes as may be now provided for by law. It shall be the duty of said board to fix the salary of any treasurer hereafter elected at least six months before his election, and such salary shall not be increased nor diminished during his term of office; and no county treasurer shall purchase or be directly or indirectly interested in any purchase of any claim whatever against the county of which he is the treasurer.

$ 6. The board of supervisors of any county may authorize the em- Clerks and ployment, by the treasurer, of such clerk or clerks and other assistants, as may be deemed necessary by such board, the compensation to be determined by such board.

§ 7. Every county treasurer shall keep an accurate account of all Accounto! moneys received, deposited and paid out by him, and shall quarterly, and at such other times as the board of supervisors shall, by resolution, require, make a true statement thereof in writing, the correctness of which shall be verified by him, and file the same with the county clerk; and such statement shall be published, as soon thereafter as may be, in the newspapers designated by said board for the publication of the session laws in said county; and shall also transmit by mail a copy of such statement to the comptroller and treasurer of this state.

$ 8. Every county treasurer who shall willfully misappropriate any Miscon of the nioneys, funds or securities, which shall have been received by treasurer. him as such treasurer, or who shall, in violation of law, draw out any of the moneys so deposited, or who shall be guilty of any other malfeasance or willful neglect of duty in his office, shall, upon conviction thereof, be punished by a fine not less than five hundred nor more than ten thousand dollars, or imprisonment in a state prison for not less than one year nor more than five years, or by both such fine and imprisonment, in the discretion of the court.

$ 9. The governor may remove any county treasurer from office, Removal whenever it shall appear that such treasurer has been guilty of any urer.

assistants.

treasurer.

malfeasance or other misconduct or malversation in office, first giving to such officer a copy of the charges against him, or by leaving the same at his last place of residence, with some person of suitable age and discretion, and an opportunity of being heard in his defense. În

In case of any such removal or of any other vacancy in the office of county treasurer, the vacancy shall be supplied by the board of supervisors, and the person so appointed shall hold the office until his successor shall have been elected at the first annual election occurring after such vacancy, and shall have duly qualified.

10. Nothing herein contained shall apply to the counties of Monroe and Seneca.

Sec. 10, amended 1878, ch. 94, post, Laws 1879, chaps. 23 and 159, and Laws 1880, chaps. 233 and 580. See post, pp. 527, 694, 720, 956, 1101.

Exceptions.

CHAP 489.

security.

deposit

AN ACT in relation to the insurance of plate-glass.

PASSED June 15, 1877. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Plate glass SECTION 1. Every corporation, association or company heretofore companies organized under the laws of this state to make insurance against loss to deposit or damage to plate-glass, shall be required to deposit with the superin

tendent of the insurance department of this state, for the benefit of

all their policyholders, securities amounting to at least fifty thousand Non-resi- dollars ; and no corporation, association or company, created by or expanies to“ isting under the laws of any other state of the United States, with

authority to insure against loss or damage to plate-glass, shall be persecurity.

mitted to transact business in this state without having previously deposited for the benefit of their policyholders securities amounting to at least fifty thousand dollars, with the superintendent of the in

surance department, treasurer or chief financial officer of the state Of what wherein such corporation, association or company is organized. Such deposits to

deposit shall consist of the same securities in character and description, as are required to be made by companies under the act providing for the formation of life and fire insurance companies, and in relation to agencies of such companies, passed June twenty-fourth, one thonsand eight hundred and fifty-three, and the amendments and additions

thereto. No policies § 2. No such corporation or company shall issue or deliver any issued, or policy, certificate or contract of insuranoe upon plate-glass within this

state, in any corporation or company name, unless such corporation curity is or company shall have first complied with the provisions of this act, filled.

prescribing and regulating deposits; and no person shall act within

consist.

agent to act till se

this state as agent, surveyor or otherwise, in soliciting, receiving or procuring applications for insurance or premiums therefor, or in delivering policies of insurance, or in adjusting or replacing losses, or in any manner whatever in aid of transactions relating to the business of plate-glass insurance of or for any company or corporation, unless such company or corporation shail have fully complied with the provisions of this act.

§ 3. Every violation of this act shall subject the corporation or Penalty for company committing such violation, to a penalty of five hundred dol- violation lars for each violation, which penalty shall be sued for and recovered in the name of the people of this state by the district attorney of the county in which the company or corporation is located, or in which the agent or agents shall have committed such violation, and such penalty, when recovered, shall be paid into the treasury of said county.

$ 4. Chapter six hundred and seventeen of the laws of eighteen hun- Repealing dred and seventy-three, entitled “An act regulating the deposit of se- Laws 1873. curities by plate-glass insurance companies,” is hereby repealed.

chap

9 Edm. 666.

CHAP 445.

by L. 1879,

AN ACT to provide for perfecting and perpetuating the right Now York.

and title of the city of New York to property, water, water- amended rights and privileges heretofore taken or used, or which may 6.616. be hereafter taken or used by said city to increase the sup- post, p. 814. ply of pure and wholesome water for the use of said city, and to provide for the payment and extinguishment of all claims or damages growing out of such taking or using.

Passed June 15, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTON 1. In all cases where the commissioner of public works of Commisthe city of New York shall have heretofore entered upon, taken or

public used, or shall hereafter enter upon, take or use, or shall deem it neces- works au: sary to enter upon, take or use the waters of any lake, or any upland, acquire or land under water, or water rights or privileges, or any incorporated property

sioners of

te

, . on lands

as to com.

state or county, eto.

hereditaments, or any other property, for the purpose of maintaining,
preserving or increasing the supply of pure and wholesome water for
the use of said city, the said commissioner is authorized for and in be-
balf, and in the name of the mayor, aldermen and commonalty of the
city of New York, in the manner hereinafter prescribed, to acquire all
rights, titles and interests in and to such real estate by whomsoever
the same may be held, enjoyed or claimed, and to pay for and extin-
guish all claims or damages on account of such rights, titles or inter-

ests, or growing out of such taking or using.
May enter § 2. The said commissioner, his engineers, surveyors and such other
to survey.

persons as may be necessary to enable him to perform his duties under

this act are hereby authorized to enter upon any land or water for the May agree purpose of making surveys or examinations, and to agree with the pensation. owners, occupants or claimants of any real estate which may have been

required or damaged, or which hereafter may be required or damaged
in carrying into effect the provisions of this act, as to the amount of

compensation to be paid to such owners, occupants or claimants, and Lands be the time and manner of such payments. And in case any such real

estate shall be owned, occupied or enjoyed by the people of this state,
or by any county, town or school district within this state, such rights,
titles, interests or properties may be paid for upon agreement respect-
ively with the commissioners of the land office, who shall act for the
people of this state, with a chairman and a majority in numbers of the
board of supervisors of any county who shall act for such county, and
with the supervisor and commissioners of highways in any town who
shall act for such town and with the trustees of any school district that

shall act for such district.
Condem- § 3. In case the said commissioner of public works is unable to agree

with the said owner or owners, occupant or occupants, claimant or
claimants of any such real estate, or with any or either of such officers
as to the sum or sums to be paid for the acquisition or extinguishment
of

any such real estate, or of any right, title or interest thereto or
therein, for carrying into effect the purposes of this act, the said com-
missioner of public works shall have the right to acquire such real
estate, or to extinguish any such right, title or interest thereto or
therein, for the mayor, aldermen and commonalty of the city of New
York in the manner and by the special proceedings hereinafter pro-
vided.

§ 4. For the purpose of acquiring any such real estate or of extinguishing any right, title, interest thereto or therein, the said commissioner of public works, for and in behalf of the said mayor, aldermen and commonalty of the city of New York may present a petition praying for the appointment of commissioners of appraisal to the supreme court, at any general or special term thereof, held in the district in which the real estate described in the petition may be situated, such petition shall be signed and verified according to the practice of such court. It must contain a general description of the real estate which the said commissioner seeks to acquire, and of the rights, titles and interests therein which he seeks to extinguish, and also a general statement of the names and places of residence of the parties, so far as the same can by reasonable diligence be ascertained, who own, occupy or enjoy, or who claim to own, occupy or enjoy, any such real estate, or any right, title or interest therein, and if any of such persons are infants, their ages, as near as may be, must be stated; and if any of such persons are idiots, or persons of unsound mind, or are unknown, that fact must be stated, together with such other allegations and statements of

nation.

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Method of condemnation.

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