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§ 2. Section nine of said act is hereby amended to read as follows: § 9. The person applying for such warrant shall, within three days Notice of after the issuing thereof, cause a notice to be published once in each issuing of week, for four successive weeks, in some newspaper published in the be pub. county in which such vessel may then be, or, if no newspaper be so published in such county, then in the nearest county in which a newspaper shall be so published, setting forth that such warrant has been issued, the amount of the claim specified therein, the day when such warrant was issued, and that such vessel will be sold for the payment of the claims against her, unless the master, owner or consignee thereof, or some person interested therein, appear and discharge such warrant according to law, within thirty days from the first publication of such notice, and in case the vessel is built, used or fitted for the navigation of any of the canals or lakes of this State, shall also serve a copy of Copy of such notice personally at least ten days before the issuing of the order when to of sale mentioned in section fifteen of the act hereby amended upon be served all persons who may have filed any claim or lien upon such ship or claimants vessel, by mortgage or otherwise, in the office of the auditor of the and liencanal department, or the service of such notice may be made at least twenty days before the issuing of said order above mentioned, by leaving a copy of the same at their dwelling-house in charge of some person of suitable age, or by depositing the same in the post-office properly folded and directed to such persons at their respective places of residence and paying the postage thereon.
§ 3. All acts or parts of acts inconsistent with this act are hereby repealed.
Ante, vol. 4, pp. 665-6.
AN ACT to enable storage warehousemen to collect their Warecharges upon goods deposited with them by the sale thereof. housemen.
Passed May 19, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows":
SECTION 1. Every warehouse company, or person or persons, engaged when may in the warehouse business, who shall have had in their possession any erty to pay goods, wares or merchandise, by virtue of any agreement or warehouse charges. receipt for the storage of the same on which or any part thereof, there may be due two years' storage, may proceed to sell the same at public auction, and out of the proceeds may retain the charges for storage of said goods, wares and merchandise, and any advances that may have been made thereon by him, and the expense of advertising and sale thereof; but no such sale shall be made until after the giving of a Notice. printed or written notice of such sale, containing a description of the articles to be sold, together with the name of the person or persons storing the same, nor until six months after termination of the time for which such goods were received.
§ 2. The notice required by the last preceding section shall be served Notice, personally, at least four weeks before the time of such sale upon the berwe party storing the goods, provided such service can be made with reasonable diligence within the State of New York. If the party storing
Surplus of proceeds, how disposed of.
such goods cannot with reasonable diligence be found within the State of New York, then such notice shall be given by publication once in each week for six successive weeks, before the time of such sale, in a newspaper published at or nearest the place, where such sale is to take place. In the event that the party storing such goods or merchandise shall have parted with the same, and the purchaser shall have notified the warehouseman with his address, such notice shall be given to such person in lieu of the person storing the goods.
§ 3. Such warehouse company, or person or persons, engaged in the warehouse business, shall make an entry in a book kept for that purpose, of the balance or surplus of the proceeds of the sale, if any, and such balance or surplus shall be paid over to such person or persons entitled thereto within thirty days after such sale, and after the expiration of said thirty days, such balance or surplus shall be paid by such warehouse company, or person or persons, engaged in the warehouse business to the county treasurer; or if in the city of New York to the chamberlain of said city, for the use of the poor, unless called for or claimed by the rightful owner within five years after the receipt thereof, and shall at the same time file with said treasurer or chamberlain an affidavit in which shall be stated the name and place of residence, so far as the same are known of the person whose goods or merchandise have been sold, the articles sold, and the prices at which they were sold, the name and residence of the auctioneer making the sale, together with a copy of the notice published and how served, whether by personal service or by mailing, and if not so served, the reason therefor.
$ 4. This act shall take effect immediately.
Charters not to be void because do not include a mile square of land.
AN ACT in relation to the incorporation of villages.
PASSED May 19, 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 charter of no village heretofore incorporated shall be declared invalid because of a failure to include within the boundaries of said village a mile square of land; and all the municipal acts of the trustees or other officers of such village shall be deemed to be valid and binding, and of the same force and effect as if such village corporation had originally included one mile square of land within its boundaries.
82. This act shall take effect immediately.
AN ACT for the enlargement of the Clinton State prison.
PASSED May 21, 1879; three-fifths being present.
super- Enlarge intendent of State prisons, Wells S. Dickinson and Charles P. Easton
Commisare hereby authorized and required, at as early a day as their other sioners. public duties will permit, to prepare and adopt such plans and specifications for the enlargement of the Clinton State prison as shall make provision for the secure confinement of at least twelve hundred prisoners, upon estimates which shall show that the total cost for such enlargement will not exceed the sum of two hundred thousand dollars. Before any portion of the sum hereinafter appropriated shall be Plans and expended, except for the purpose of securing such plans, full detailed specificaplans and specifications for such enlargement shall be made and adopted, in writing, by the commissioners above named, and filed in the office of the secretary of State, and when so filed shall not be altered or departed from in carrying out such enlargement, except upon the concurrent written consent of said commissioners, filed in the office of the secretary of State, which shall fully and distinctly state the extent of such alteration, and the extent to which the expense of such enlargement will be affected thereby, and shall show that such alteration will not carry the total cost of such enlargement beyond the sum of two hundred thousand dollars. This section shall Interpreta
tion. be construed as meaning that no part of the sum appropriated in section three of this act, except as hereinafter specified, shall be expended until the contract to complete the work contemplated by this act is absolutely let and the security therefor deposited, or approved by the commissioners.
§ 2. The work for such enlargement, and the furnishing of all work to materials for the same, shall be let, by the commissioners above contract. named, by contract or contracts, and awarded by them to the lowest bona fide and responsible bidder or bidders therefor, in whole or separately, as the interest of the State shall require, after being advertised by them in the State paper, daily, for four weeks consecutively, immediately preceding such letting; the notice for such letting shall state the work to be let, the quality, quantity and kind of materials to be bid for, and the length of time which will be given for the completion of the work or the delivery of the materials, and the amount of security required for the faithful performance of the work. The proposals received by them shall be opened in the presence of each other; and every contract for work or material in pursuance of this act, shall reserve the right to said commissioners to declare the same forfeited whenever, in the judgment of said commissioners, such contract is not being performed in accordance with the terms thereof. The commissioners named in the first section of this act, shall receive no compensation for their services as such, but their reasonable disbursements and expenses, to be audited by the comptroller, shall be allowed and paid.
§ 3. The sum of one hundred thousand dollars is hereby appro- Appropripriated for the purpose of such enlargement, and the necessary
expenses attending the same, which sum the treasurer is hereby directed to pay out of any money in the treasury not otherwise appropriated, upon the warrant of the comptroller, to the order of the said commissioners from time to time, and in such sums' as they shall require the same, upon vouchers therefor, to be approved by the comptroller.
84. This act shall take effect immediately.
force three years.
Life insur- AN ACT to protect the rights of policyholders in life insur
PASSED May 21, 1879. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Surrender SECTION 1. Whenever any policy of life insurance hereafter issued policies in by any company organized or incorporated under the laws of this
State, after being in force three full years, shall by its terms lapse or become forfeited for the non-payment of any premium, or of any note given for a premium, or loan made in cash on the policy as security, or of any interest on such note or loan, unless the provisions of this act are specifically waived in the application, and notice of such waiver written or printed in red ink on the margin of the face of the policy when issued, the reserve on such policy, including dividend additions, calculated at the date of the failure to make any of the payments above described, according to the American experience table of mortality, and with interest at the rate of four and a half per cent per annum, after deducting any indebtedness of the insured on account of any annual, semi-annual or quarterly premium then due, and any loan made in cash on such policy, evidence of which is acknowledged
the insured in writing, shall, on demand made, with surrender of the policy within six months after such lapse, be taken as a single
premium of life insurance at the published rates of the company at How to be the time the policy was issued, and shall be applied, as shall have been applied. agreed in the application and policy, either to continue the insurance
of the policy in force at its full amount so long as such single premium will purchase temporary insurance for that amount, at the age of the insured at the time of lapse, or to purchase upon the same life at the same age, paid-up' insurance payable at the same time, and under the same conditions, except as to payment of premiums, as the original policy. Provided, that if no such agreement be expressed in the application and policy, the said single premium may be applied in either of the modes above specified, at the option of the owner of the policy; notice of such option can be contained in the demand hereinbefore required to be made to prevent the forfeiture of the policy. Provided, also, that the net value of the insurance given for such single premium under this section, computed by the standard of this State, shall in no case be less than two-thirds of the entire reserve after deducting the indebtedness as specified; but such insurance shall not participate in the profits of the company,
$ 2. If the reserve upon any endowment policy, applied according to the Endowpreceding section as a single premium of temporary insurance, be more than ment polisufficient to continue the insurance to the end of the endowment term named in the policy, and if the insured survive that term, the excess shall be paid in cash at the end of such term, on the conditions on which the original policy was issued.
$ 3. This act shall take effect on the first day of January, eighteen hundred Act takes and eighty.
AN ACT to amend chapter five hundred and ninety-eight of the laws Railroad
of eighteen hundred and seventy-five, entitled "An act in relation to corporarailroad corporations."
PASSED May 23, 1879.
The People of the State of New York, represented in Senate and Assembly, do enact as follow 8 :
SECTION 1. Chapter five hundred and ninety-eight of the laws of eighteen Amending hundred and seventy-five, entitled "An act in relation to railroad corporations," ch. 598, is hereby amended so as to read as follows:
Laws 1875. $ 1. Any existing railroad company heretofore organized or incorporated Extending under the laws of this State, except such as may have been organized for the time for purpose of constructing or operating a railroad in the city of New York, which construcmay be unable from any cause to construct its railroad within the time specified by its charter or articles of association, shall hereby have the time for the completion of the railroad it was authorized to construct extended for a further term of two years beyond the time heretofore limited; and failure to construct its railroad within the time heretofore limited shall not cause a forfeiture of its corporate powers, but nothing herein contained shall have the effect to revive any corporation whose corporate power has been forfeited from any cause.
$ 2. This act shall take effect immediately. Ante, p. 205 ; 78 N. Y. 525.
AN ACT to legalize the official acts of certain justices of the peace. Justices
PASSED May 26, 1879.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. The official acts of every justice of the peace heretofore done and
Legalizing performed, duly elected or appointed to the office, so far as such official acts may official be affected, impaired or questioned by reason of the failure of any such justice acts of. to give an official bond as required by law, are hereby legalized and confirmed.
$ 2. Nothing herein contained shall affect any suit or proceeding now pending. Pending § 3. This act shall take effect immediately.
suits. Ante, pp. 530, 639.