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over unclaimed

Verifica tion of estatements.

Receivers § 3. Whenever the receiver of any insolvent savings bank shall have statement paid the full per centum of the amount due to depositors and creditand pay ors which the avails of the assets enable him to pay to the depositors and

creditors he can discover, and who claim their proportion or share of deposits.

such assets, he must, before he can be discharged from his trust, make a transcript or statement from the books of said bank of the names of all the depositors and creditors who have not claimed or received the balances to their credit or due them, and of the sums due them respectively, and file such transcript in the bank department, and also pay over and transfer all such unclaimed deposits and moneys to the superintendent of the bank department. And all receivers of savings banks who have been discharged from their trusts, and who hold any such balances, shall forth with make and file with said superintendent such transcript or statement, and transfer and pay over to him such balances.

§ 4. The superintendent of the bank department shall require the officers and receivers who make the transcripts or statements herein

provided for, and it shall be their duty to verify the completeness and Duty of accuracy of the same in a satisfactory manner. The said superintendsuperintendent

ent shall receive the said moneys and shall give a receipt therefor, and

shall forth with deposit the same in some solvent savings bank or savdeposits. ings banks in thís State to the credit of the superintendent of the

bank department, in his name of office in trust for the depositors and
creditors of the closed savings bank from which they were received.
And the said superintendent shall report to the legislature, annually,
in his report relative to savings banks, the names of such closed sar-
ings þanks and the sum of unclaimed and unpaid deposits to the
credit of each of them respectively. The superintendent may pay
over to the persons respectively entitled thereto the money so held' by
him, with any accumulation of interest thereon, upon being furnished
with satisfactory evidence of their right to the same ; and in cases of
doubt, or of conflicting claimants. he may require an order of the
supreme court authorizing and directing the payment thereof.

$5. This act shall take effect immediately.
See Code Civ. Proc., SS 2419-2431.

as to un

CHAP 48.

Banks.
AN ACT to regulate the character of the investment of banks

of deposit.

PASSED May 30, 1879. The People of the State of New York, represented in Senate and

Assembly, do enact as follows": Invest.

SECTION 1. It shall be lawful for any bank or banking association, ments by. incorporated under the laws of this State, or individual banker, to

take and become the owner of any stocks, or bonds, or interest bearing obligations of the United States, or of the State of New York, or of any city, county, town or village of this State, the interest on which is not in arrears, and to discount and negotiate bills, notes and other evidences of debt.

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

83. This act shall take effect immediately. Ante, vol. 4, p. 191.

CHAP 48.

AN ACT to amend section twenty-six of chapter three hun- Savings

dred and seventy-one of the laws of eighteen hundred banks. and seventy-five, entitled “An act to conform the charters of all savings banks or institutions for savings to a uniformity of powers, rights and liabilities, and to provide for the organization of savings banks, for their supervision and for the administration of their affairs."

PASSED May 31, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Subdivision one of section twenty-six of chapter three Amending hundred and seventy-one of the laws of eighteen hundred and seventy- Laws 1875. five, entitled “ An act to conform the charters of all savings banks or institutions for savings to a uniformity of powers, rights and liabilities, and to provide for the organization of savings banks, for their supervision and for the administration of their affairs," is hereby amended so as to read as follows:

1. In the stocks or bonds or interest-bearing notes or obligations of Investthe United States or those for which the faith of the United States is ments. pledged to provide for the payment of the interest and principal, including the bonds of the District of Columbia, commonly known as the three-sixty-five bonds.

$ 2. This act shall take effect immediately. Ante, p. 126, post, pp. 925, 975.

CHAP 441.

AN ACT supplementary to and explanatory of the act passed PlankApril ninth, eighteen hundred and seventy-eight, entitled roads and

turnpikes. “An act to amend chapter one hundred and thirty-five of the laws of eighteen hundred and seventy-six, entitled · An act to authorize plankroad and turnpike companies formed under and by virtue of an act entitled An act to provide for the incorporation of companies to construct plankroads, and of companies to construct turnpike roads,' passed May seven, eighteen hundred and forty-seven, to extend their charter or corporate existence.”

PASSED May 31, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. In any proceedings heretofore taken under the existing Extending provisions of law, or which shall be hereafter so taken, to extend the charter charter or corporate existence of any plankroad or turnpike company, porate exthe filing and recording of a copy of the resolution by which the re- Istence. quired consent of a majority of the supervisors of any county shall be given, verified either by the certificate of the clerk of the board of supervisors, or an affidavit of some members of the board of supervi

sors, shall be and be deemed a full compliance with the requisitions of law as to filing and recording such consent; and the statement of the president and treasurer, and the consent in writing of the stockholders, now required by law to be filed within one month before the expiration of the term of the corporate existence of such company, may both or either of them be made and given, and may also be filed at any time previous to said one month, but within one year as the time during which such extension or continuance of such charter or corporate existence may be made ; and where such original statement and consent of stockholders, or either of them, shall be filed in the office of the secretary of state, a certified copy thereof may be filed in the county clerk's offices, as required by law, and the filing of such copy shall be deemed and held a full compliance with the law in that espect.

$ 2. Any plankroad or turnpike company may, on the consent of the owners of sixty per centum of its stock, sell, transfer and convey the whole or any part of its rights, property and franchises to any other plankroad or turnpike company formed under any general law of this State: and any conveyance made pursuant to this section shall vest the rights, property and franchises thereby transferred in the company to which they are thereby conveyed, for the term of its corporate existence.

§ 3. This act shall take effect immediately.
Ante, pp. 287, 534; vol. 3, p. 549.

Sale of franchise.

CHAP 44.

Banks.

Amend. ing.

AN ACT to amend chapter eighteen of part one of the

Revised Statutes, entitled “Of banking associations and bankers."

PASSED May 31, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one hundred and forty-seven of article four of title two of chapter eighteen of part one of the Revised Statutes, entitled “ Of banking associations and bankers," is hereby amended so as to read as follows:

$ 149. Receivers of moneyea institutions shall be entitled to the same commissions and compensation for their services as are now al. lowed by law to executors and administrators, and no greater or other commission or compensation than is hereby allowed shall be received or retained by them; provided, however, such compensation shall in no case exceed ten thousand dollars per annum.

82. This act shall take effect immediately. Ante, vol. 4, p. 144. There is no such article or section to chapter eighteen, title two of the Revised Statutes. The act attempted to be amended is section 2, ch. 3, Laws of 1842, and the error arose from the lax habit of calling a compilation of the Revised Statutes and other public laws the “Revised Statutes" - a title to which it has no legal or just claim.

CHAP 446.

Laws 1887.

AN ACT to amend chapter three hundred andsixty-one of Taxes,

the laws of eighteen hundred and sixty-seven, entitled “ An act authorizing supplementary proceedings for the collection of taxes."

PASSED June 3, 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 one of chapter three hundred and sixty-one of Amending the laws of eighteen hundred and sixty-seven, entitled "An act ch.381 authorizing supplementary proceedings for the collection of taxes," is hereby amended so as to read as follows:

§ 1. When a tax exceeding ten dollars in amount, levied by the suppleboard of supervisors of a county against a person, firm, estate or cor- mentary poration, residents thereof, is returned by a collector to the county ngs to coltreasurer uncollected, for want of goods and chattels out of which to collect the same, the supervisor of the town or ward, or the county treasurer, within one year thereafter, may apply on affidavit to the county judge, or special county judge of the county, and obtain an order requiring such person, firm, estate, or corporation, to appear and answer concerning his or their property. The same proceedings may in all respects be had as in cases supplementary to execution, and the same costs and disbursements may be allowed against the defendant, but none in his favor. The tax, if collected, shall be paid over to the county treasurer, and the costs collected from the defendant shall belong to the party instituting the proceeding. A county treasurer shall have no additional compensation for such proceeding; and a supervisor shall have no other except his per diem fees for time spent on the same.

$ 2. This act shall take effect immediately. Ante, vol. 7, p. 85.

lect taxes.

CHAP 447. AN ACT to amend article two, title two, chapter twelve, part County

one of the Revised Statutes, entitled “Of the county treas- treasurer. urer.”

PASSED June 3, 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 twenty-five of article two of title two, chapter Amending twelve, part one of the Revised Statutes, is hereby amended so as to 1 R. S. 370. read as follows:

$ 25. If any such preceding county treasurer, or in case of his death, Penalty if his executors or administrators shall refuse or neglect to deliver such for negbooks, papers and moneys, upon oath, when lawfully demanded, every deliver such person shall forfeit, for the use of the county, the sum of twelve money hundred and fifty dollars, to be sued for and recovered by his successor papers in office, and whenever any preceding county treasurer, or his legal

to successor.

representatives, shall have in his or their hands any moneys which of right belong to such county, or any books, papers or vouchers belonging to said office, and shall refuse or neglect to deliver to his successor any such books, papers or vouchers, or pay over such moneys, it shall be the duty of such successor to sue for and recover the possession of such books, papers and vouchers, and to sue for and collect said money, for the use of such county, and to that end an action may be brought by said county treasurer upon the official bond of such preceding county treasurer, against him and his sureties, to recover the amount

of the moneys due said county. Penalty § 2. Whenever any county treasurer shall, after service on him perto pay over sonally, or by leaving at his office, in his absence, with some person money on having charge thereof, or if such service cannot be made, by leaving the court. with some person of suitable age and discretion at his place of resi

dence, or at his last place of residence in the county, if he has departed therefrom, of a certified copy of an order of the court, directing the payment or delivery of any money or securities held by him pursuant to an order of the court, to any person or persons, shall fail or neglect so to do, or where any county treasurer has invested or loaned any moneys held by him pursuant to order of the court, to any person or persons on inadequate or worth less securities, and shall fail or neglect when required so to do, to pay over the amount of the moneys so invested to the person or persons entitled thereto, the court may, by order, direct that an action be brought upon the official bond of such treasurer, against him and his sureties, to recover the amount of the moneys or securities so directed to be paid or delivered, or of the moneys so invested on inadequate or worthless security, for the benefit of the person or persons in whose behalf the direction shall have been by such order given, and whose name or names appear therein, or their assigns, and thereupon such action may be brought for such purpose.

Ante, vol. 1. p. 342. The second section of this act contains provisions similar to those of ch. 524, L. 1874 (ante, vol. 9, p. 966), which was repealed by ch. 245, L. 1880. See Code Civ., Proc., $ 1887, which contains some of the provisions of this section.

CHAP 449.

error.

Writs of AN ACT to amend article second of title six of chapter two

of the fourth part of the Revised Statutes, entitled “Of writs of error on judgments and certioraris in criminal cases."

PASSED June 3, 1879. The People of the State of New York, represented in Senate and A8

sembly, do enact as follows: Amending SECTION 1. The fifteenth section of article second of title six of 2 R. S. 740. chapter two of the fourth part of the Revised Statutes, entitled “Of

writs of error on judgments and certioraris in criminal cases," is hereby

amended so as to read as follows: When § 15. In all other cases writs of error upon any final judgment renwrits of

dered upon any indictment are writs of right, and issue of course, in writs of vacation as weil as in term, out of the court in which by law they may right.

be made returnable. In all cases now pending and hereafter brought When conviction to a conviction for a criminal offense shall be deemed a final judgment he deemed when sentence shall have been suspended by the court in which the trial judgment. was had, or otherwise suspended or stayed, and such conviction shall

error are

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