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CHAP 47. Intoxicat- AN ACT declaratory of chapter one hundred and forty-five of the ing liq

laws of eighteen hundred and seventy-nine, entitled "An act to further amend chapter one hundred and seventy-five of the laws of eighteen hundred and seventy, entitled 'An act regulating the sale of intoxicating liquors.?"

PASSED June 4, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do

enact as follows : Declara. SECTION 1. Nothing contained in chapter one Irundred and forty-five of the tory of ch. 145,

laws of eighteen hundred and seventy-nine, entitled "An act to further amend Laws 1879. chapter one hundred and seventy-five of the laws of eighteen hundred and

seventy, entitled 'An act regulating the sale of intoxicating liquors,'" shall be
construed to affect the provisions of chapter six hundred and forty-two of the laws
of eighteen hundred and seventy-four, entitled "An act declaratory of and to
amend chapter five hundred and forty-nine of the laws of eighteen hundred and
seventy-three, entitled 'An act to amend an act entitled 'An act regulating the
sale of intoxicating liquors,' passed April eleventh, eighteen hundred and ser-
enty, and the act entitled 'An act to suppress intemperance and to regulate the
sale of intoxicating liquors,' passed April sixteenth, eighteen hundred and fifty.
seven,'” passed June twenty-third, eighteen hundred and seventy-four,

$ 2. This act shall take effect immediately.
Ante, p. 716.

CHAP 474. Street rail- AN ACT to prevent the delaying of passengers on street railroad cars, and to prohibit obstructing the free passage of street railroad cars.

PASSED June 5, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do

enact as follows : Obstruct. SECTION 1. Every person who shall willfully obstruct, hinder, or delay the pass

age or running of any car lawfully running upon any horse or street railroad in this State, shall be deemed guilty of a misdemeanor.

$ 2. This act shall take effect immediately.

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ing.

CHAP 478. New York. AN ACT to amend chapter one hundred and twenty-five of the laws of eigh.

teen hundred and seventy-eight, entitled "An act relating to contracts for lighting the public lamps in the city of New York.”

PASSED June 5, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do

enact as folloros : Amending SECTION 1. Section one of chapter one hundred and twenty-five of the laws of ch. 125, eighteen hundred and seventy-eight, entitled "An act relating to contracts for Laws 1878.

lighting the public lamps in the city of New York,” is hereby amended so as to

read as follows: Contracts $ 1. The board authorized to make and enter into contracts for lighting the for light- streets, avenues and places of the city of New York, with gas, consisting of the ing streets, mayor, comptroller and commissioner of public works, is hereby authorized and

empowered to contract for such lighting the public lamps on the streets, avenues,
piers, parks and places, with gas or other illuminating material in said city, by one
or more contracts to be let at public lettings, as provided by law, for a period of
one year, or any part of a year, and commencing and terminating at any dates the
said board may determine; and the care and maintenance of such lamps shall be
under the supervision of the commissioner of public works. Provided always
that the department of public parks shall have exclusive authority to decide
when and where any new lamps shall be put up and lighted in any of said parks
or places under its control.
$ 2. All acts or parts of acts inconsistent with this act are hereby repealed.
$ 3. This act shall take effect immediately.
Ante, p. '535.

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CHAP 481.

ments on

AN ACT to amend chapter three hundred and seventy-nine New Yoik.

of the laws of eighteen hundred and seventy-eight, entitled “An act relative to judgments entered upon forfeited recognizances in the city and county of New York.”

PASSED June 5, 1979; 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 seventy-nine Amending of the laws of eighteen hundred and seventy-eight, entitled “ An act Laws 1878. relative to judgments entered upon forfeited recognizances in the city and county of New York,” is hereby amended so as to read as follows:

$ 1. Any one of the judges presiding at the court of general ses- Vacating sions of the peace in and for the city and county of New York, and judois any justice presiding at a court of oyer and terminer in said county, in forfeited whichever court any recognizance shall be forfeited, may upon the decenizcertificate of the district attorney of the county of New York that the people of the State of New York have lost po rights by reason of the failure of a surety to produce a principal in compliance with the terms of a recognizance given by them, and that by reason of the principal being produced the said people of the State of New York are in as good a position to prosecute said principal as when such failure occurred, whether such principal has been tried or whether a nolle prosequi has been entered or not, by order vacate and set aside or modify any judgment heretofore entered, or that may be hereafter entered upon the forfeiture of such recognizance against such princi. pal and surety, or against either and as to either, on payment to the chamberlain of the city of New York of all costs included in such judgment or judgments, and of all expenses incurred in the apprehension or recapture of such principal, and if such fine shall have been paid or judgment collected in whole or in part upon such forfeited recognizance, the court may in its discretion direct the same or any part thereof to be remitted, and the officers, district attorney, chamberlain of the city of New York, in whose hands the money remains, must pay the same, or the part remitted, according to the order, retaining the costs, if any, as aforesaid.

$ 2. This act shall take effect immediately. Ante, p. 643.

CHAP 485.

Insurance compa nies.

Amending ch. 463, Laws 1853.

purposes

corpo

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 casualty insurance companies, and in relation to agencies of such companies.'

PASSED June 6, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of 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 casualty insurance companies, and in relation to agencies of such com

panies,” is hereby amended so as to read as follows: For what $ 1. Any number of persons not less than thirteen in number, may may be in associate and form an incorporation or company for any of the pur

poses specified in either of the following departments : rated.

First department. To make insurance upon the lives of persons, and every insurance appertaining thereto, or connected therewith, and to grant, purchase or dispose of annuities.

Second department. To make any of the following kinds of insurance: First, upon the health of persons; second, against injury, disablement or death of persons resulting from traveling, or general accidents by land or water; third, guaranteeing the fidelity of persons holding places of public or private trust; fourth, upon the lives of horses, cattle and other live stock; fifth, upon plate-glass against breakage ; sixth, upon steam boilers against explosion and against loss or damage to life or property resulting therefrom; seventh, against loss by burglary or theft, or both.

§ 2. Section two of said act is hereby amended so as to read as follows:

8 2. No company organized under this act, for the purpose named in the first department, shall undertake either of the risks mentioned in the second department, and no company organized under this act for either of the purposes mentioned in the second department shall undertake any business mentioned in the first department, nor shall any such company hereafter organized undertake or do more than one of the several kinds of insurance mentioned in said second department; and no company organized under this act shall undertake any business or risk, except as herein provided; provided that nothing herein contained shall affect the business of any company heretofore duly organized under the second department of this act.

$ 3. Section three of said act is hereby amended so as to read as follows:

§ 3. The persons referred to in the first section of this act shall be designated as corporators, and they shall file in the office of the superintendent of the insurance department a declaration signed by each of the corporators, setting forth their intentions to form a company for the purpose or purposes named in this act, and the department under which the company is intended to be formed, which declaration shall comprise a copy of the charter they propose to adopt, and the said

Limita. tions on business.

Declaration to be filed.

charter shall set forth the name of the company; the place where it is to be located; the kind of business to be undertaken and the department of the first section of this act by which such business is authorized ; the mode and manner in which the corporate powers of the company are to be exercised ; the manner of electing the trustees or directors and officers, a majority of whom shall be citizens of this State, and the time of such election; the manner of filling vacancies; the amount of capital to be employed; and such other particulars as may be necessary to explain and make manifest the objects and purposes of the company, and the manner in which it is to be conducted.

§ 4. This act shall take effect immediately, Ante, vol. 4, p. 216 ; vol. 6, p. 468.

CHAP 489.

taken by

AN ACT to regulate the issuance of policies, and the reinsur- Fire insur

ance thereof, by fire insurance companies transacting ance. business in this State.

PASSED June 7, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Hereafter it shall not be lawful for any fire insurance Limits as company, organized or incorporated under the laws of this State, to to risk. issue any policy or policies, on any one risk in excess of ten per centum of its paid-up capital stock and net surplus.

$ 2. No fire insurance company organized under the laws of any Limits as other State shall issue any policy or policies in this State, or on risks to risks located in this State, on any one risk, in excess of ten per centum of foreign its paid-up capital stock and net surplus; and no person, partnership nies. association,corporation or company of another country shall issue any policy or policies in this State, or on risks located in this State, in excess of ten per centum of the capital stock, as ascertained under the provisions of chapter eight hundred and eighty-eight of the laws of eighteen hundred and seventy-one, a statement of which has been duly filed with the insurance department of this State, and the certificate of the superintendent issued therefor.

8 3. It shall not be lawful for any fire insurance company organized Ro-insuror incorporated under the laws of this State to reinsure any risk with ance. any person, partnership association, corporation or company which, at the date of such reinsurance, was not authorized to transact business in this State; and no person, partnership association, corporation or company organized or incorporated under the laws of any other State or country shall reinsure any risk written or located within this State, with any person, partnership association, corporation or company not admitted to transact business in this State; and it shall be the duty of the superintendent of the insurance department to require schedules of reinsurance from each person, partnership association, corporation or company transacting business in this State, whenever such person, partnership association, corporation or company files a true statement of its condition in said department.

§ 4 When reinsurance is made by any person, partnership associa- Reserved tion, corporation or company as provided in this act, such person, Case of repartnership association, corporation or company so reinsuring shall be insurance.

fund in

Exceptions as to limits on risk. Penalty.

required to hold as an unearned premium fund an amount equal to the unearned portion of the gross premiums charged on such reinsured policies, from the date of their issuance by the company thus reinsured. When any part of the risk shall be reinsured under this act the amount so reinsured shall not be included in the ten per centum to which risks are limited as herein before provided.

$ 5. Any fire insurance company organized or incorporated under the laws of this State, or person, partnership association, corporation or company of any other State or country vialating any of the provisions of this act, shall be subject to the payment of a penalty of five hundred dollars for each violation, which shall be sued for and recorered in the name of the people by the attorney-general, and the said penalty when recovered shall be paid into the treasury of the State.

$ 6. All acts or parts of acts inconsistent herewith are hereby repealed.

8 7. This act shall take effect immediately.
Ante, p. 407; vol. 9, p. 233; vol. 4, pp. 203, 226.

CHAP 490.

companies,

ch. 209,

ments of

Insurance AN ACT to amend section two, chapter two hundred and

nine of the laws of eighteen hundred and seventy-seven, entitled "An act regulating the amount of capital stock for fire and marine insurance companies.'

PASSED June 7, 1879. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending SECTION 1. Section two, chapter two hundred and nine of the laws

of eighteen hundred and seventy-seven, entitled “An act regulating Laws 1877.

the amount of capital stock for fire and marine insurance companies,

is hereby amended so as to read as follows: Require

$ 2. Companies from other States and countries hereafter applying

for admission to this State shall be possessed of at least the amount of foreign fre insur- capital required from companies organized under the laws of this State, anco com- and the total capital of such companies must be fully paid in, in cash.

It shall be the duty of the superintendent of the insurance department
to refuse admission to any such company unless its assets are of the
same general character that companies of this State are permitted to
hold, nor shall any such company be admitted to transact business in
this State unless it shall file in the office of the superintendent of the
insurance department an agreement under its corporate seal that it
will not (while authorized to do business in this State) transact any
business which any fire insurance company of this State, organized
under the general insurance act, is prohibited from transacting, and
any company violating the provisions of said agreement shall have
their certificates of authority revoked by the said superintendent
forth with; provided, the assent of the attorney-general shall be previ.
ously obtained.

82. This act shall take effect immediately.
Ante, p. 401.

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