When judgment of dissolu granted. Proceed ings. shall satisfactorily appear to the court in such action that the assets and credits of the company are not sufficient to re-insure its outtion to be standing risks, the court shall render judgment dissolving the company and directing a distribution of its assets, exclusive of the securities deposited with the superintendent of the insurance department. In any action authorized by this section the court may prescribe the time within which the company proceeded against shall answer, and may hear and try the issues at such time, in such manner, and upon such notice as the court may direct; and may appoint a referee to inquire into and report upon the facts; and shall have power to grant such orders, and in its discretion, from time to time, to modify or revoke the same, as the facts or evidence in the case, and the situation of the parties and the interests involved shall seem to require. After the rendition of any judgment referred to in this section, the court shall have power to order the distribution, by the superintendent, of the securities and funds deposited with and held by him under the Condition provisions of this act. And in estimating the condition of any life of com- insurance company under the provisions of this act, the superintendestimated. ent shall allow as assets only such investments as are authorized by Distribution pany how the existing laws of the state at the date of examination, and shall charge as liabilities in addition to the capital stock all outstanding indebtedness of the company and a premium reserve on policies, and additions thereto in force, based on net premiums, American experience table of mortality, with four and one-half per cent interest. And in estimating the condition of any casualty insurance company under the provisions of this act, the superintendent shall allow as assets only such investments as are authorized by the existing laws of the State at the date of his investigation; and shall charge as liabilities, in addition to the capital stock, all outstanding indebtedness of the company and a premium reserve on policies in force equal to the unearned portions of the premiums paid by the insured for covering the risks, computed on each respective risk from the date of the issuance of the policy. The report of every examination of the affairs of a company, made pursuant to this act, shall be verified by the person making such examination, to be just and true in all respects according to the best of his knowledge and understanding, and when so verified shall be presumptive evidence in all courts and legal proceedings. Expense. The expense of any examination made under this section shall be borne by the company whose affairs are so examined, to be paid by the company to the State treasurer after being approved by the superintendent of the insurance department and audited by the comptroller. Verifica tion of report. Act not to affect pending proceedings. Repeal. §3. This act shall not impair or affect any action or proceedings now pending in any court against any insurance company, but the courts shall have the same power to proceed in such actions or proceedings to final decision, decree or judgment as if this act had not been passed. § 4. All acts or parts of acts inconsistent herewith are hereby repealed. § 5. This act shall take effect immediately. CHAP. 163. AN ACT to amend the Code of Civil Procedure. PASSED April 16, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Code of Civil Procedure. SECTION 1. Subdivision one of section seven hundred and ninety- Amending one of the Code of Civil Procedure, is hereby amended so as to read as subd. 1, § follows: 791. civil the attor 1. An action or special proceeding brought by or against the people Preference of the State or by or against any State officer or board of State officers avon as such, and in which the people or such officer or board, appear by actions by the attorney-general; where the attorney-general has given notice, at ney-genthe time of service of notice of trial or argument, of a particular day eral. in the term on which he will move it. If the action or special proceeding is not moved by him for trial or argument on that day, or as soon thereafter in the same term as the court can hear it, the other party may then move the trial or argument; otherwise it shall not be moved out of its order at that term, except by the special order of the court. § 2. This act shall take effect immediately. CHAP. 164. AN ACT to amend article three, title one of chapter eight, Divorces. part two of the Revised Statutes, entitled "Of divorces dissolving the marriage contract." PASSED April 16, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section forty-nine of article three of title one, of chap- Amending ter eight, of part two of the Revised Statutes, is hereby amended so as 2 R. S. 146. to read as follows: vorce for § 49. Whenever a marriage shall be dissolved pursuant to the pro- Marriage visions of this article, the complainant may marry again during the after life-time of the defendant; but no defendant convicted of adultery adultery. shall marry again until the death of the complainant, unless the court in which the judgment of divorce was rendered shall in that respect modify such judgment, which modification shall only be made upon satisfactory proof that the complainant has remarried, that five years have elapsed since the decree of divorce was rendered, and that the conduct of the defendant since the dissolution of said marriage has been uniformly good. § 2. This act shall take effect immediately. Cropsey v. Ogden, 11 N. Y. 228. Haviland v. Halstead, 34 id. 643; As to the validity of a marriage contracted out of the State by one divorced for adultery, see Webb's estate, 1 Tuck. 372; Marshall v Marshall, 4 T. & C. 449; Com. v. Lane, 113 Mass. 458; s. c., 18 Am. Rep. 509 and note; State v. Ross, 76 N. C. 242; s. c., 22 Am. Rep. 678; State v. Kennedy, 76 N. C. 251; 8. C., 22 Am. Rep. 689. Ante, vol. 2, p. 152. The section of the R. S. hereby amended was not repealed by L. 1880, ch. 245. See Co. Civ. Proc., sec. 1761; also, post, p. 766; see, also, 8 Abb. N. C., p. 171. Commis sion to as certain boundary between this State and Connecticut. Appropriation. CHAP. 166. AN ACT to provide for the settlement of the boundary lines between the State of New York and the State of Conecticut. PASSED April 16, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The secretary of State, the attorney-general and the State engineer and surveyor are hereby designated and appointed as commissioners on the part of the State of New York to ascertain the boundary lines between this State and the State of Connecticut, both upon the west and south of the State of Connecticut, and the said commissioners are hereby authorized and empowered to meet such commissioners as have been or may be appointed, and vested with similar powers on the part of the State of Connecticut under authority of the legislature thereof, and with such last-mentioned commissioners as soon as may be, to ascertain and agree upon both of the said boundary lines, designating the same by suitable monuments at such places as they shall deem necessary; and said commissioners hereby appointed are authorized to employ such surveyors and assistants as may be necessary. The said commissioners shall report their doings to the legislature of this State for its consideration and ratification. § 2. The sum of three thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury applicable to such purposes to pay the necessary expenses and disbursements of the said commissioners in the performance of the duties required by this act, and the comptroller is authorized to draw his warrant upon the treasurer for the moneys hereby appropriated, from time to time, as the same may be needed. § 3. This act shall take effect immediately. CHAP. 167. itan Asso-] ciation Re Metropol- AN ACT for the safety and protection of oarsmen rowing on the Hudson river opposite the city of New York in regattas, given under the auspices of the Metropolitan Association of Amateur Oarsmen. gattas. Police commis PASSED April 16, 1879; 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 lawful for the police commissioners of the city and county of New York, whenever they shall be notified in may keep writing by the Metropolitan Association of Amateur Oarsmen, that a sioners course clear. regatta is to be given under its auspices on the Hudson river opposite Washington Heights, New York city, to keep the course used for any such regatta free and clear of all boats and vessels of every description during the actual time of the regatta, which shall not exceed six hours in any one day; provided, 1. That there shall not be more than five regattas in any one year. 2. That the course selected for such regatta shall be above Seventysecond street, and far enough up the river so as not to interfere with any line of ferry boats running on their regular course and trips. 3. That said regatta course shall not exceed in breadth more than one-fourth the width of the river from either shore, nor shall it exceed more than three miles in length. Condi tions, § 2. The course selected for any such regatta shall be plainly Course to marked out by buoys or boats anchored; such buoys or boats shall be marked. have a flag placed upon them, so that they may be readily seen. to be al § 3. No boat, vessel or steamboat of any description shall be allowed Boats not on said regatta course during the actual time of any regatta except by lowed on the consent of the officers in charge of such regatta. course. § 4. Any person rowing a row-boat, or pilot of a sail-boat, sailing Penalty. vessel or steamboat, willfully going upon said regatta course, and thereby interfering with the regatta, shall be deemed guilty of a misdemeanor and shall be liable to a penalty of not less than one hundred dollars, nor more than two hundred and fifty dollars, or imprisonment in the county jail for a time not to exceed three months, or to both penalty and imprisonment. The fine or penalty to go to the police fund of New York city. as to sail § 5. Nothing in this act contained shall apply to, or be so construed Limitation as to interfere in any way with, sailing vessels actually engaged in ing vessels. commerce while proceeding on their course. be fur § 6. It shall be the duty of the police commissioners of the city of Police to New York to furnish a sufficient number of police to keep said regatta nished. course clear, and they shall have power to arrest any person or persons going upon such regatta course during the time of the regatta in violation of this act. The New York city police courts shall have juris- Jurisdicdiction of such cases. § 7. This act shall take effect immediately. CHAP. 168. tion of offenses. AN ACT to prohibit the charging or receiving of illegal wharf- Wharfage. age in the cities of New York, Brooklyn and Long Island City. PASSED April 16, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: wharves, Laws ed on SECTION 1. It shall be the duty of every person owning or having Owners of charge of any pier, wharf, bulkhead, or slip, in either of the cities of piers, New York, Brooklyn, or Long Island City, to cause to be printed on ete, to the back of all bills presented by them for wharfage chapter three have ch. hundred and fifteen of the laws of eighteen hundred and seventy- 1877, printseven, regulating the rates of wharfage in said cities; and the owner, backs of consignee or person in charge of any vessel shall not be required to bills for pay the wharfage or dockage due on such vessel, unless upon his demand the bili printed in conformity with this act is presented to him. Any person owning or having charge of any pier, wharf, bulk- Penalty for head, or slip as aforesaid, who shall receive for wharfage any rates in legal excess of those now authorized by law, shall forfeit to the party wharfage. wharfage. aggrieved treble the amount so charged, as damages, to be sued for and recovered by the party aggrieved. § 2. This act shall take effect immediately. CHAP. 171. Chattel mortgages. How dis record. AN ACT to provide for discharging chattel mortgages. The People of the State of New York, represented in Senate and SECTION 1. Whenever any mortgagor, or any person obtaining title. charged of to mortgaged property, shall present to any recorder, county or town clerk, in whose office a chattel mortgage executed by said mortgagor on such property may be filed, a certificate from the mortgagee therein named, or the holder or owner thereof, that such mortgage is paid or satisfied, it shall be the duty of such recorder or either of the clerks above mentioned, to file such certificate in his office and discharge such mortgage, by writing in the book kept by such recorder or either of such clerks, and opposite the entry therein of such mortgage, the word "discharged," with the date thereof. 2. This act shall take effect immediately. Ante, vol. 4, pp. 435, 441. CHAP. 176. Writs of error in criminal cases. Amending AN ACT to amend chapter eighty-two of the laws of eighteen hundred and fifty-two, entitled "An act in relation to writs of error in behalf of the people in criminal cases.” PASSED April 16, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter eighty-two of the laws of eighteen ch. 82, Laws hundred and fifty-two, entitled "An act in relation to writs of error in behalf of the people in criminal cases," is hereby amended so as to read as follows: 1852. Writs of error in behalf of § 1. Writs of error to review any judgment rendered in favor of any defendant upon any indictment for any criminal offense, except where the people. such defendant shall have been acquitted by a jury, and to review any decision or order quashing any indictment may be brought in behalf of the people of this State by the district attorney of the county where such judgment, decision or order shall be rendered or granted upon the same being allowed by a justice of the supreme court; and the court of appeals shall have full power to review by writ of error in behalf of judgment. the people any such judgment, decision or order rendered or granted in the supreme court in favor of any defendant charged with a criminal offense. Court of appeals to review § 2. This act shall take effect immediately. Ante, vol. 5, p. 176. The amendment consists of inserting after the word "judgment" (except where it occurs in the first line) the words decision or order"; and after the word rendered (except in first line) the words " or granted" See 78 N Y D. 347 and nost n 1052 |