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any of the fees and charges which he is required to collect by existing laws, except such as he is required to collect under and by virtue of this act, provided, however, that no discrimination shall be made in favor of one company over any other from the same State.

§ 2. This act shall take effect immediately.

Restrictions upon insurance companies of other States doing business in this State are constitutional. Fire Dept. v. Noble, 3 E. D. Smith, 440; People v. Imlay, 20 Barb. 68. But the contract or agreement of a foreign insurance company made in pursuance of the requirements of the Statutes of the State, that it will not remove any actions against it into the United States Circuit Court is void and such action may be removed. Inc. Co. v. Morse, 20 Wall. 445. But if the company does so remove a cause the State may revoke its license for it to do business therein. State v. Doyle, 40 Wis. 175; S. C., 22 Am. Rep. 692.

When foreign insurance companies are required to do some act as a condition of doing business in a State, failure to do such act will not avoid its contracts. Huntley v. Merrill, Barb. 626: Cincinnati Co. v. Rosenthal, 8 Am. Rep. 626; S. C., 55 Ill. 85; Thorne v. Travellers' Ins. Co., 21 Am. Rep. 89; S. C., 80 Penn. St. 15; Columbus v. Walsh, 18 Mo. 220; Hartford Live Stock Co. v. Matthews, 102 Mass. 221; Union Mut. Ins. Co. v. McMullen, 24 Ohio St. 67; Clay F. Ins. Co. v. Huron, 31 Mich. 346; Hyde v. Goodnow, 3 N. Y.266. But if the statute is absolutely prohibitory, the contracts are not enforceable by either party. Rising Sun Ins. Co. v. Slaughter, 20 Ind. 520; Franklin Ins. Co. v. Packet Co., 9 Bush, 590; Thorne v. Travellers' Ins. Co., 21 Am. Rep. 89.

CHAP. 79.

AN ACT supplementary to chapter sixty of the laws of eighteen hundred and thirteen, entitled "An act to provide for the incorporation of religious societies.'

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PASSED March 29, 1875.

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

office of

SECTION 1. Trustees elected under the provisions of section three of Term of chapter sixty of the laws of eighteen hundred and thirteen, entitled trustees. "An act to provide for the incorporation of religious societies," shall hold their offices during the term for which they were elected, and until their successors are chosen.

ship, when

declared

§ 2. Whenever a trustee elected under the provisions of said section Trusteethree of the above-mentioned act ceases to be a member of the church, to be congregation or society, by removal or otherwise, or ceases to statedly vacant. attend upon and support its services, he shall at the same time, and for such cause, cease to be a trustee, and his place shall be declared vacant by a notice of the board of trustees to the church, congregation or society, and said church, congregation or society, shall proceed to fill the vacancy, as provided for in the above-mentioned act."

Amended

§3. Any corporation organized in accordance with the provisions Bequests of said section three of the above-mentioned act, may take and receive devises. by bequest or devise any real or personal estate, the net annual income by ch. 443, of which shall not exceed twelve thousand dollars, subject, however, Laws 1875. to the provisions of chapter three hundred and sixty of the laws of eighteen hundred and sixty, entitled "An act relating to wills."

adminis

4. The trustees of any church, congregation or religious society, Temporali incorporated under said section three of the above-mentioned act, shall is, how administer the temporalities thereof, and hold and apply the estate tered. and property belonging thereto, and the revenues of the same, for the benefit of such corporation, according to the discipline, rules and usages of the denomination to which the church members of the corporation belong; and it shall not be lawful for the trustees to divert

Pew rent.

Jurisdic

tion of courts of equity.

Account

and inven

tory.

such estate, property, or revenues to any other purpose except toward the support and maintenance of any religious, benevolent, or other institution connected with such church, congregation or religious society.

§ 5. Each and every of the corporations aforesaid may receive, use and apply all rents or income derived from pews, in addition to the annual income limited by the aforesaid act, or any amendment thereof. § 6. The jurisdiction of courts of equity in this State is hereby extended over such corporations, so far as may be necessary to enforce the provisions of this act.

§ 7. No religious corporation shall be deemed to be dissolved for any neglect hitherto to exhibit an account or inventory of which real and personal estate and the annual income thereof, provided that such account or inventory shall be exhibited within three years from the passage of this act.

§ 8. This act shall take effect immediately.

Ante, vol. 3, p. 687; sec. 1 amended by L. 1879, post, p. 800. For amendment to sec, 3, see post, p. 150. For act of 1860, see vol. 4, ante, p. 504.

CHAP. 87.

AN ACT providing for the appointment of additional notaries public.

PASSED April 1, 1875; three-fifths being present.

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

SECTION 1. The Governor is hereby authorized and empowered by and with the consent of the Senate, to appoint in each county, except the city and county of New York, notaries public equal to ten for each Assembly district, and in said city and county two hundred and fifty notaries public, in addition to the number now allowed by law; provided, however, that in each county, which is a single Assembly district, the additional number of notaries public be fifteen. And hereafter at the time of subscribing or filing the oath of office, the county clerk of each county, and the clerk of the city and county of New York shall collect from the person appointed the sum of fifty cents, and the said clerks respectively shall annually account therefor to the State Treasurer.

§ 2. All acts and parts of acts inconsistent with this act are hereby repealed.

§ 3. This act shall take effect immediately.

As to number of Notaries "now allowed by law," see ante, vol. 6, pp. 169 and 226; vol. 7, pp. 102, 312, 438 and 769; vol. 9, p. 859. See also post, p. 285. The above act was amended in 1879, post, p. 742.

CHAP. 88.

AN ACT in relation to mortgages made by manufacturing companies.

PASSED April 1, 1875.

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

sent of

ers nunc

pro tunc.

SECTION 1. In all cases where a corporation has heretofore executed Filing cona mortgage upon any of its real estate, and the written consent of per- stockholdsons owning two-thirds or more of the capital stock of such corporation shall have been given to the mortgaging of such real estate, at or before the time of the giving of such mortgage, but from accident or mistake the said consent has not been filed in the office of the clerk of the county in which such real estate is situated, as required by law, it shall be lawful for the clerk of such county to receive and file in his office the written consent so given, accompanied by the affidavit of any officer or stockholder of such corporation showing that such consent was in fact made and signed, at the time the same purports to have been made and signed, and that the signatures thereto are genuine, and in such case on filing such consent and affidavit, the said mortgage shall have the like validity and effect from and as of the time of the filing of such consent and affidavit as if the same had been given at that time and had been accompanied or preceded by the filing of such consent; provided that nothing herein contained shall affect any action or legal proceeding now pending, or impair any intermediate right acquired by lien or otherwise in or to the property of the corporation affected by such mortgage.

§ 2. This act shall take effect immediately. Ante, vol. 3, p. 732; vol. 6, p. 300; vol. 7, p. 467.

CHAP. 91.

AN ACT empowering the Commissioners, appointed to investigate the affairs of the canals of the State in pursuance of a joint resolution of the Senate and Assembly of eighteen, hundred and seventy-five, to compel the attendance of witnesses, and fixing the compensation of such commissioners.

PASSED April 2, 1875; three-fifths being present.

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

nesses.

SECTION 1. Either of the Commissioners appointed, or who may May subhereafter be appointed to investigate the affairs of the canals of the pen wit State in pursuance of a joint resolution of the Senate and Assembly of eighteen hundred and seventy-five, shall have power to issue subpoenas requiring the attendance of witnesses and the production of books and

subpoena.

Disobe

Service of papers before such commission. Such subpoenas may be served within this State by any person, and must be served by any sheriff or constable when thereunto required. In case of the failure of any witness so dience to. subpoenaed to obey such subpoena, the Commissioners, or a majority of them, shall have power to issue an attachment to the sheriff of any county, requiring him to attach the body of such witness and bring him before such commission, and the like proceedings shall thereupon be had as if such commission was a court of record and Perjury. such witness had been duly subpoenaed to attend before it. False swearing before such commission shall be deemed to be perjury.

Compensation of commissioners.

May employ experts.

§ 2. Each of such Commissioners shall receive a compensation of twenty dollars for each day actually employed in the business of such commission, to be audited by the Comptroller and paid out of the State treasury.

§3. Such Commissioners shall have power to employ such experts, agents and other assistants as they shall deem necessary. § 4. This act shall take effect immediately.

5 Hun, 626.

Seizure of property used in

fights

among

animals.

Application to

Amended

Laws 1875,

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CHAP. 97.

AN ACT providing for the forfeiture of property in certain

cases.

PASSED April 12, 1875; three-fifths being present.

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

SECTION 1. Any officer authorized by law to make arrests may lawfully take possession of any animals, or implements, or other property used or employed, or about to be used or employed, in the violation of any provision of law relating to fights among animals. He shall state to the person in charge thereof, at the time of such taking, his name and residence, and also the time and place at which the application hereinafter provided for will be made.

§ 2. The officer, after taking possession of such animals, or implemagistrate ments, or other property, pursuant to the preceding section, shall for order; apply to the magistrate before whom complaint is made against the by ch.246. offender violating such provision of law, for the order next hereinafter post, p. 101. mentioned, and shall make and file an affidavit with such magistrate, stating therein the name of the offender charged in such complaint, the time, place and description of the animals, implements or other property so taken, together with the name of the party who claims the same, if known, and that the affiant has reason to believe and does believe that the same were used or employed, or were about to be used or employed, in such violation, and the grounds of such belief, and will establish the truth thereof upon the trial of such offender. He shall then deliver such animals, implements, or other property, to such magistrate, who shall thereupon, by order in writing, place the same in the custody of an officer or other proper person in such order named and designated, to be by him kept until the trial or final discharge of the offender, and shall send a copy of such order, without delay, to

Order by magistrate.

the district attorney of the county. The officer or person so named and designated in such order shall immediately thereupon assume such custody, and shall retain the same for the purpose of evidence upon such trial, subject to the order of the court before which such offender may be required to appear, until his final discharge or conviction upon the conviction of such offense. The animals, implements or other property, shall be adjudged by the court to be forfeited.* In the event of the acquittal or final discharge, without conviction, of such offender, such court shall, on demand, direct the delivery of the property so held in custody to the owner thereof.

3. This act shall take effect immediately.

CHAP. 105.

AN ACT to amend an act entitled "An act concerning notaries public in the counties of Kings, Queens, Richmond, Westchester and Rockland, and in the city and county of New York, and authorizing them to exercise the functions of their office therein," passed June eighteen, eighteen hundred and seventy-three.

PASSED April 12, 1875; three-fifths being present.

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

Laws 1873.

SECTION 1. The act entitled "An act concerning notaries public in Amending the counties of Kings, Queens, Richmond, Westchester and Rockland, ch. 807, and in the city and county of New York, and authorizing them to exercise the functions of their office therein," passed June eighteen, eighteen hundred and seventy-three, is hereby amended so as to read as follows:

form

counties

Any notary public now or hereafter appointed for the county of Notaries Kings, Queens, Richmond, Westchester or Rockland, or for the city may perand county of New York, upon filing or having filed a certified copy duties in of his appointment, with his autograph signature, in the clerk's office other of any other of said counties, is hereby authorized to exercise all the named. functions of his office in such other of said counties, with the same effect as he now possesses by law in the county for which he is or shall be appointed, and as though appointed for such other of said

counties.

§ 2. The acts of all notaries public who have complied with the Past acts conditions of said act hereby amended since the same went into effect, ratified. although not then appointed, are hereby ratified and confirmed; but nothing herein contained shall affect any suit or proceeding now pending in any of the courts of this State.

3. This act shall take effect immediately.

Section 1 of this act is superseded by ch. 458, post, p. 152.

* So in the original.

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