CHAP. 27. AN ACT to designate the holidays to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes. PASSED February 23, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The following days, namely: the first day of January, Holidays. commonly called New Year's day; the twenty-second day of February, known as Washington's birthday; the thirtieth day of May, known as decoration day; the fourth day of July, called Independence day; the twenty-fifth day of December, known as Christmas day; any general election day; and any day appointed or recommended by the Governor of this State, or the President of the United States, as a day of Thanksgiving, or fasting and prayer, or other religious observance, shall, for all purposes whatsoever as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange, bank checks and promissory notes, made after the passage of this act, be treated and considered as the first day of the week, commonly called Sunday, and as public holidays; and all such where bills, checks and notes otherwise presentable for acceptance or pay- paper prement on the said days, shall be deemed to be presentable for acceptance or payment on the secular or business day next preceding such holidays. sentable. holidays §2. Whenever the first day of January, the twenty-second day of Where February, the thirtieth day of May, the fourth day of July, or the fall on twenty-fifth day of December, shall fall upon Sunday, the Monday Sunday. next following shall be deemed a public holiday for all or any of the purposes aforesaid; provided, however, that in such case all bills of exchange, checks and promissory notes, made after the passage of this act, which would otherwise be presentable for acceptance or payment on the said Monday, shall be deemed to be presentable for acceptance or payment on the Saturday preceding. Ante, vol. 4, p. 458; vol. 6, p. 449; vol. 7, p. 718; vol. 9, pp. 399, 652, 627. See, also, Co. Civ. Proc., § 3343. CHAP. 35. AN ACT supplementary to chapter two hundred and seventythree of the laws of eighteen hundred and sixty-six, entitled "An act authorizing the incorporation of associations to erect monuments to perpetuate the memory of soldiers who fell in defense of the union," passed March thirty, eighteen hundred and sixty-six. PASSED February 26, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. In cases where any association, mentioned in an act Trustees, entitled" An act authorizing the incorporation of associations to erect ex officio. Memorial hall. monuments to perpetuate the memory of soldiers who fell in defense of the Union," passed March thirty, eighteen hundred and sixty-six, has been formed, or shall hereafter be formed, in any city, neither the supervisors of such city, nor the justices of the peace thereof, nor any of them, shall be, ex officio, a trustee of such association after the passage of this act. § 2. Any such association may erect, as the monument contemplated by said act, a memorial hall or building, and may take and hold the real estate necessary or proper for that purpose; but the net annual income thereof shall not exceed twenty-five thousand dollars. § 3. This act shall take effect immediately. Amending ch. 261, Laws 1874, CHAP. 38. AN ACT to amend section one of chapter two hundred and sixty-one of the laws of eighteen hundred and seventy-four, entitled "An act to amend an act entitled 'An act to enable resident aliens to hold and convey real estate, and for other purposes,' passed April thirty, eighteen hundred and forty-five," passed April twenty-seven, eighteen hundred and seventy-four. PASSED March 3, 1875; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter two hundred and sixty-one of the laws of eighteen hundred and seventy-four, entitled "An act to amend an act entitled 9 Edm. 883. An act to enable resident aliens to hold and convey real estate, and for other purposes, "" passed April thirty, eighteen hundred and forty-five, is hereby amended so as to read as follows, to wit: Heirs or aliens to inherit. § 1. Section four of chapter one hundred and fifteen of the laws of eighteen hundred and forty-five, entitled "An act to enable resident aliens to hold and convey real estate, and for other purposes," passed April thirty, eighteen hundred and forty-five, is hereby amended so as to read as follows, to wit: § 4. If any alien resident of this State, or any naturalized or native citizen of devisees of the United States, who has purchased and taken, or hereafter shall purchase and take, a conveyance of real estate within this State, has died, or shall hereafter die, leaving persons who, according to the statutes of this State, would answer the description of heirs of such deceased person, or of devisees under his last will, and being of his blood, such persons so answering the description of heirs, or of such devisees of such deceased person, whether they are citizens or aliens, are hereby declared and made capable of taking and holding, and may take and hold, as heirs, or such devisees, of such deceased person, as if they were citizens of the United States, the lands and real estate owned and held by such deceased alien or citizen at the time of his decease. But if any of the persons so answering the description of heirs, or of such devisees, as aforesaid, of such deceased person, are males of full age, they shall not hold the real estate hereby made descendible or devisable to them as against the State unless they are citizens of the United States, or in case they are aliens, unless they make and file in the office of the Secretary of State the deposition or affirmation mentioned in the first section of this act. Proviso as to male heirs or devisees. § 2. This act shall take effect immediately. Ante, vol. 9, p. 883; vol. 4, p. 300. CHAP. 40. AN ACT in relation to the census or enumeration of the inhabitants of this State. PASSED March 4, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 64, § 2. Section six of the act entitled "An act in relation to the census Amending or enumeration of the inhabitants of this State," passed March twelve, Laws 1855. eighteen hundred and fifty-five, is hereby amended so as to read as follows: when to § 6. On the first day of June next, and on the first day of June in Census, every such tenth year hereafter, every such enumerator shall proceed to be taken. enumerate, truly and accurately, the inhabitants residing in the ward, town or district for which he shall have been appointed, by making actual inquiry at every dwelling-house or of the head of every family residing therein, and to obtain the statistical information required by this act, by such convenient means as may be in his power. § 3. This act shall take effect immediately. Ante, vol. 3, p. 23. CHAP. 49. AN ACT to authorize the people of this State to bring and maintain certain actions for the recovery of public moneys and property. PASSED March 12, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: recover after dis SECTION 1. Where any money, funds, credits or property held or Action to owned by this State, or held or owned, officially or otherwise, for or on public behalf of any public or governmental interest, by any municipal or money or other public corporation, board, officer, custodian, agency or agent of heretofore any city, county, village or other division, subdivision, department or or hereportion of this State, has heretofore, without right, been obtained, posed of. received, converted or disposed of, and not actually recovered back and restored, prior to the passage of this act, unto the proper and lawful official receiver, depositary or custodian thereof, either in specie or by full and lawful compensation for the same duly made, or where any such money, funds, credits or property shall be hereafter, without right, obtained, received, converted or disposed of, the people of this State have, in every such case, and shall have, a right of action for the same, and for any damages or other compensation due, recoverable, or that might be had on account or by reason of such obtaining, receipt, conversion or disposition, notwithstanding a right of action may exist by law for the same cause in some public authority other than the State, and although an action therefor may be pending. The people Actions in of this State, in their own corporate name or otherwise as shall be States. 7 other Public property, of action therefor, to vest in the people. allowable, may commence and prosecute suits, actions and judicial proceedings in the courts and tribunals of other States, Territories and districts of the United States and of foreign countries, for any of the wrongs or causes aforesaid; and, on the commencement of any money and such suit, action or judicial proceeding, all the money, funds, credits and right and property, the obtaining-receipt, conversion or disposition whereof may be therein complained of, together with all right, title and interest in the same, and all suits and actions, and cause and causes, right and rights of suit and action for or concerning the same, and for any damages or other compensation due, recoverable, or that might be had on account or by reason of the obtaining, receipt, conversion or disposition of the same, and all claims and demands for such damages and compensation, if not so previously vested, shall then forthwith be vested in the people of the State of New York, and are, by force of such suit, action or judicial proceeding, and of this act, transferred to and vested in the people of this State. Any action by the people of this State brought as prescribed in this section, may be commenced at any time. within ten years after the cause of action shall accrue, and the time during which the defendant shall be absent from this State shall not be deemed a part of the time so limited for the commencement of the action. When be commenced Stay of other actions. §2. Where an action has been heretofore brought or may hereafter be brought, by or on behalf of the people for any of the causes mentioned in the first section of this act, the court in which such action is pending, if it be a court of this State, may, on the motion of any party thereto, stay any other action which may have been, or may be brought for the same cause, by or on behalf of any public authority other than the State, whether or not such authority be a party to the action brought by or on behalf of the State, and may vacate any interlocutory order in the action so stayed; and the said court, if it be in parties. a court of this State, may likewise order to be brought in, as a party to the action by or on behalf of the State, any party to an action brought for the same cause by or on behalf of such other public Judgment authority; and a final judgment in the action by or on behalf of the State shall be a bar to any action for the same cause by or on behalf of any other public authority. Bringing a bar. Court may of recov ery. §3. Any court of this State having jurisdiction of any action by or dispose of on behalf of the State in the first and second sections of this act menproceeds tioned may, where any money, funds, credits, property, damages or compensation in this act mentioned or referred to, would not, if this act had not passed, have been recoverable by the State, make such order and judgment as may be just aud equitable for the disposition of the proceeds of any recovery in such action, so as to reinstate the lawful custody which was disturbed or impeded by the wrong complained of, or to cause application of such proceeds to be made to the objects and purposes for which such money, funds, credits or property was authorized to be raised or procured, after reimburing the State treasury out of such proceeds for all the expenses which may have been incurred Court may by the State in the premises. On a petition filed against the AttorneyGeneral by any corporation, board, officer, agency or agent, for or on property to behalf of any city, county, town, village, division, subdivision, department or portion of the State, in the first section of this act mentioned, which shall not have been a party to the action prosecuted in a court of this State, by or on behalf of the State, but which shall claim to be lawfully entitled to the custody or disposition of the said money, funds, credits or property, the Supreme Court, at any special term thereof restore money or rightful owner. held in the county of Albany, on a summary application, made after the recovery and actual receipt, by the people or into the State treasury, of any money, funds, credits, property, damages or compensation as aforesaid, may make such order as may be just and equitable for the disposition thereof, so as to reinstate the lawful custody which was disturbed or impeded by the wrong complained of. This section shall apply to actions now pending. General §4. The Attorney-General on his own motion, wherever he shall Attorneydeem the same necessary or expedient for enforcing the interests, rights to proseor remedies of the people of this State, may, and upon the written cute request of the Governor, he shall, institute and prosecute any action. or special proceeding in the cases mentioned in this act. § 5. [Repealed by Laws 1877, ch. 417, sub. 49, § 1.] 6. No act or part of any act, which is inconsistent with the provisions of this act, shall be of any effect to prevent the full operation of this act. § 7. This act shall take effect immediately. Prior to this act the State could not maintain an action for moneys of a municipal corporation fraudulently appropriated. People v. Ingersoll, 58 N. Y. 1. Semble that the legislature has the power to confer such right of action and that the As to pleadings and bill of particulars under the above act, see People v. Tweed, 63 This chapter repealed by L. 1880, chap. 245. For similar provisions, see Co. Civ. Proc., actions. CHAP. 50. AN ACT in relation to the reduction of the capital stock of banks, banking associations, individual bankers, and other moneyed corporations, and for other purposes. PASSED March 20, 1875. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be lawful for any banking association, now or Banking hereafter organized under the general banking laws of this State, or associa tions, etc. any other moneyed corporation required to report to the Banking may reDepartment, by chapter three hundred and twenty-four, laws of eighteen duce capihundred and seventy-four, whose capital stock is unimpaired, to reduce its capital stock to an amount not less than one hundred thousand dollars; except in places where such banking associations are authorized to organize with a capital of fifty thousand dollars, and in such places the capital stock shall not be so reduced below the said sum of fifty thousand dollars. tendent of §2. Whenever a banking association or corporation shall propose to How reduce its capital stock according to the first section of this act, due reduced. notice thereof shall be given to the Supeintendent of the Banking Notice to Department, in writing, signed by a majority of its board of directors, Superinand accompanied by the written assent to such reduction of at least Banking two-thirds in amount of the shareholders of such association or corpo- Depar ration. It shall be the duty of the Superintendent upon the filing of Superinsuch notice, and within a reasonable time thereafter, to make, or cause tendent to to be made, an examination of its books, property, effects and liabilities, amination concerning which the officers thereof may be examined on oath. and deterFrom the result of such examination, the said Superintendent shall certify determine and certify the reduced amount of capital stock of such banking association or corporation. make ex mine and reduction |