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ers for the counties shall continue to exercise the duties of the office others are until such appointments, or some one of them, shall be appointed in appointed. such cities respectively, as herein provided. Any one or more of the commissioners so appointed, shall have the power to act as a board of excise for the city in which he shall be appointed until the others shall be duly appointed. Commissioners of excise in cities shall Term of hold their offices for three years, and until others shall be ap- office. pointed in their places, and shall receive a salary not to exceed Salary. twenty-five hundred dollars a year each, to be fixed by the mayor and common council of their respective cities, and shall be paid as other city officers are paid. On the first Monday of April in every Triennial third year hereafter, the mayor and board of aldermen shall proceed appointto appoint, in the manner above described, persons qualified as aforesaid to be such commissioners of excise in their respective cities for the next three years, commencing on the first day of May in that year, and shall, from time to time, as often as vacancies shall occur, appoint persons qualified as aforesaid to fill the unexpired term of any com- Vacancies. missioners who shall die, resign, remove from the city, or be removed from office. Such commissioners of excise in cities shall be removed for any neglect or malfeasance in office, in the same manner as provided by law for the removal of sheriffs.

§ 2. This act shall take effect immediately.

Ante, vol. 7, p. 666; vol. 9, p. 633; post, p. 802.

ment.

Removal.

CHAP. 151.

AN ACT to amend chapter eight hundred and fifty-nine of the laws of eighteen hundred and seventy-one, entitled "An act to provide for the election of certain judicial and other officers, and to fix their terms of office."

PASSED April 8, 1879; three-fifths being present.

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

Amending

Laws 1871.

District at

when to

SECTION 1. Section eight, of chapter eight hundred and fifty-nine of the laws of eighteen hundred and seventy-one, entitled "An act to ch. 859, provide for the election of certain judicial and other officers, and to fix their terms of office," is hereby amended so as to read as follows: §8. Whenever any surrogate in a county shall be precluded from acting as such, in any case, by reason of interest, relationship by con- torney sanguinity or affinity to any party interested therein, so that he would act in case be excluded from being a juror, or by reason of being a witness of any of disabil will, or having acted as counsel in such case, or disabled by reason of rogate. sickness, absence or lunacy, and there are no legal officers in such county to discharge the duties of such surrogate, or where such officer shall also be incapacitated from acting as such surrogate by reason of the foregoing disabilities in the case of the surrogate, the county judge of such county, or in case of his disability for like causes, then the

ity of sur

Compensation.

district attorney shall possess the power and exercise jurisdiction in
all respects in such case as the surrogate of such county would be
authorized to possess and exercise, were it not for such disability.
The district attorney of such county, while acting as surrogate in such
case, shall be entitled to receive the same compensation, pro rata, as
the officer acting as county judge and surrogate of such county is en-
titled to receive, to be audited by the board of supervisors, and to be
paid by the county treasurer in the same manner as the salary of the
county judge and surrogate shall be paid; and in counties where there
is a separate officer to perform the duties of the office of surrogate,
then the district attorney of such county shall receive the same
compensation, pro rata, as such surrogate shall be entitled to receive in
such county for the time said district attorney shall be acting as sur-
rogate in such cases of disability, which shall be authorized by the
board of supervisors, and paid as the salary of such separate officer
elected to perform the duties of the office of surrogate is paid.
§ 2. This act shall take effect immediately.

Ante, vol. 9, p. 214. 245, L. 1880, post, 958.

Secs. 7 and 8 of ch. 859, L. 1871, were repealed by ch.
See Co. Civ. Proc., secs. 2484 and 2493.

Canals.

Appropriation of

land.

Damages.

CHAP. 152.

AN ACT to authorize the permanent appropriation of land for the repair of the bank's, prisms and other structures of the canals.

PASSED April 8, 1879; three-fifths being present.

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

SECTION 1. Whenever, in the judgment of the superintendent of public works, any of the earth structures of the canals of the State need to be raised, widened, strengthened or otherwise improved, the superintendent of public works is hereby authorized to enter upon and permanently appropriate, to the use of the State, so much of any lands adjacent to the canals as may be necessary to provide earth and gravel for such purposes.

§2. Claims for damages, by reason of the appropriation of land under section one of this act, may be adjusted and paid by the superintendent of public works, if the amount thereof can be agreed upon with the owner or owners of land so appropriated; otherwise said claims shall be heard and determined in the same manner as other claims now are, by the board of canal appraisers.

§3. This act shall take effect immediately.

CHAP. 153.

insurance

AN ACT to amend chapter four hundred and sixty-five of Foreign the laws of eighteen hundred and seventy-five, as amended companies by chapter three hundred and fifty-nine of the laws of eighteen hundred and seventy-six, entitled "An act to require the payment of certain premiums to the fire department of cities and incorporated villages by fire insurance companies, not organized under the laws of the State of New York, but doing business therein," passed May twentyeight, eighteen hundred and seventy-five.

PASSED April 8, 1879.

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

ch. 465,

SECTION 1. Section three of chapter four hundred and sixty-five of Amending the laws of eighteen hundred and seventy-five, as amended by chapter Laws 1875. three hundred and fifty-nine of the laws of eighteen hundred and seventy-six, entitled "An act to require the payment of certain premium to the fire department of cities and incorporated villages, by fire insurance companies not organized under the laws of the State of New York, but doing business therein," is hereby amended so as to read as follows:

business

lected, ap

and paid

over.

§3. Every person who shall effect, agree to effect, promise or pro- Penalty cure any insurance specified in the preceding sections of this act, with- for doing out having executed and delivered the bond required by the preceding without section, shall for each offense forfeit two hundred dollars, for the use givin and benefit of the fire department of such city or village, such penalty Penalty of two hundred dollars, shall be collected by and in the name of the how colfire department of the city or village in which the property insured, or portioned agreed to be insured, is situated, and the treasurer or chief financial officer of any city or incorporated village, having no incorporated fireman's relief or benevolent society, receiving any money under the provisions of chapter four hundred and sixty-five of the laws of eighteen hundred and seventy-five, as amended by chapter three hundred and fifty-nine of the laws of eighteen hundred and seventy-six, shall on or before the fifteenth day of November, in each year, apportion and pay over all such moneys so received, to the treasurers of the several fire companies as are duly recognized by the common council or trustees of such city or village. And if he shall neglect or refuse to perform Penalty any or all of the duties required by this act, he shall be subject to a Foreman penalty of two hundred dollars for such neglect or refusal; and the of fire foreman of any fire company shall be entitled to, and may maintain an may sue action and sue for, in the name of and for the benefit of such fire com- alty pany, any of the proportion of penalties prescribed by this act; and premiums or penalties to which such company may be entitled under chapter four hundred and sixty-five of the laws of eighteen hundred and seventy-five, as amended by chapter three hundred and fifty-nine of the laws of eighteen hundred and seventy-six. But no action shall be Offenses maintained, or recovery be had, in any court of this State, for or on

for neglect

company

for pen

heretofore happening

account of any such offense heretofore happening; nor shall any such court have power or authority to render judgment for or on account of any such offense heretofore happening, when such agent shall have paid to the party entitled to the same, the premium required to be paid by section one of this act, as amended by section one of chapter three hundred and fifty-nine of the laws of eighteen hundred and seventy-six.

§ 2. This act shall take effect immediately.

Ante, pp. 154, 313 and 539.

County treasurers.

Amending ch. 436, Laws 1877.

CHAP. 159.

AN ACT further to amend chapter four hundred and thirtysix of the laws of eighteen hundred and seventy-seven, entitled "An act in relation to county treasurers.

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PASSED April 10, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section ten of chapter four hundred and thirty-six of the laws of eighteen hundred and seventy-seven, entitled "An act in relation to county treasurers," is hereby further amended so as to read as follows:

§ 10. Nothing herein contained shall apply to the counties of Sullivan, Putnam, Greene, Monroe, Onondaga, Columbia, Seneca, Essex, Delaware, Queens, Chautauqua and Alleganey.*

§ 2. This act shall take effect immediately.

Ante, p. 454; post, p. 1101, and note.

CHAP. 161.

Insurance. AN ACT to amend chapter four hundred and sixty-three of the laws of eighteen hundred and fifty-three, entitled "An act to provide for the incorporation of life and health insurance companies, and in relation to agencies of such companies."

Amending ch. 463,

PASSED April 15, 1879.

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

SECTION 1. The title of chapter four hundred and sixty-three of the Laws 1853. laws of eighteen hundred and fifty-three, entitled "An act to provide for the incorporation of life and health insurance companies, and in relation to agencies of such companies," is hereby amended so as to read as follows: "An act to provide for the incorporation of life and amended. health insurance companies, and casualty insurance companies, and in relation to agencies for such companies."

Title

§ 2. Section seventeen of said chapter four hundred and sixty-three of the laws of eighteen hundred and fifty-three is hereby amended so as to read as follows:

*So in the original,

tendent to

cause ex

for inspec

tion of

superin

ital stock

ed.

§ 17. It shall be the duty of the superintendent of the insurance Superin department, whenever he shall have good reason to suspect the correctness of any annual statement, or that the affairs of any company, amination required by law to make such statement, are in an unsound condition, to cause an examination to be made, for the purposes named in this act, into the affairs of any such insurance company, or any insurance company doing business by its agencies in this State; and it shall be Books to the duty of the officers or agents of any insurance company, incorpo- be opened rated or doing business in this State, to cause their books, and the tion. books of such companies, to be opened for the inspection of the said superintendent and the person or persons appointed by him to make such examination, and otherwise to facilitate such examination, so far as it may be in their power so to do; and for that purpose the said Examinasuperintendent, or the person or persons so appointed by him, shall officers. have power to examine, under oath, the officers and agents of any company relative to the business of such company; and whenever the Publishing said superintendent shall deem it for the interest of the public so to result. do, he shall publish the result of such investigation in the State paper. Whenever it shall appear to the said superintendent from the state- Duty of ment of any life or casualty insurance company made to the insurance tendent department, or from an examination of the affairs of any such com- where cappany (if a stock company), that its capital stock is impaired to the is impair extent of fifty per cent thereof, it shall be the duty of the said superintendent, if the company is organized under the laws of any other State or country, to revoke the certificate of authority issued to the agent or agents of any such company, and shall cause a notice thereof to be published in the State paper for four weeks, and the agent or agents of such company are, after such notice, required to discontinue the issuing of any new policies. If the company so impaired is organized under the laws of this State, it shall be the duty of said superintendent to direct the officers thereof to require the stockholders to make good in cash the amount of such deficiency within ninety days after the date of his requisition. And in case of the failure of the Failure to stockholders to comply with such demand, it shall be the duty of the ital stock superintendent to report the facts to the attorney-general, who shall good. thereupon bring an action in the supreme court for the dissolution of Action by the corporation. And in case it shall satisfactorily appear to the court general. that the assets and funds of the company are not sufficient to justify winding the further continuance of the business of insuring lives, granting up. annuities and incurring new obligations, as authorized by its charter, the court shall render judgment dissolving such company, and directing a distribution of its assets, exclusive of those deposited with the superintendent of the insurance department. Provided that any company organized under the laws of this State, whose capital is impaired as above fifty per cent, may by a vote of a majority of its diretors at a meeting called for that purpose reduce its capital stock to Reducing an amount not less than one hundred thousand dollars; and the said stock. directors are hereby empowered to issue new certificates of stock to the stockholders for the amount of the reduced capital, and require in return all certificates previously issued. Whenever it shall appear to Action for the superintendent that the assets of any of the companies referred to tion for in this section, other than stock companies, are insufficient to re-in- failure of sure its outstanding risks, he shall communicate the facts to the attorney-general, whose duty it shall then be to bring an action in the supreme court for the dissolution of such company. And in case it

make cap

attorney

capital

dissolu

assets.

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