be kept open year except Sundays; the first day of January, commonly called new year's day; the twenty-second day of February, known as Washington's birthday; the thirtieth day of May, commonly called Decoration day; the day observed as the anniversary of American independence; election day; the day appointed by the governor of this State as a day of general thanksgiving, and the twenty-fifth day of December, commonly called Christmas, from nine o'clock in the forenoon to four o'clock in the afternoon. Whenever any of the holidays mentioned aforesaid shall fall on Sunday, the Monday next following shall be deemed and considered as the first day of the week or Sunday, and a public holiday. 2. This act shall take effect immediately. CHAP. 155. Railroads. AN ACT to facilitate the carrying out of plans and agreements for the reorganization of railroads. When stock insuffi company may increase. PASSED April 27, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Whenever the maximum amount of capital stock, mentioned in the certificate of incorporation of any railroad or railway cient, how company on file in the office of the secretary of State, shall be insufficient to carry out any plan or agreement or reorganization set forth in such certificate of incorporation, it shall be lawful for the directors, or a majority of the directors of said company, to file an additional certificate with the secretary of State, which shall set forth the fact of such insufficiency and the additional amount of capital stock required to carry out such plan or agreement of reorganization, and thereupon, with the approval of the State engineer and surveyor, said company shall be authorized to issue such capital stock as fully as if the same had been mentioned or set forth in the original certificate of incorporation. Said additional certificate shall be filed in the office of the secretary of State within two months after the passage of this act. § 2. This act shall take effect immediately. Notaries public. Amending ch. 29, Laws 1864. CHAP. 160. AN ACT to amend chapter twenty-nine of the laws of eighteen hundred and sixty-four, entitled "An act to limit the term of office of notaries public." PASSED May 3, 1880; three-fifths being present.* The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section three of chapter twenty-nine of the laws of eighteen hundred and sixty-four, entitled "An act to limit the term of office of notaries public," is hereby amended so as to read as follows: Not returned by the governor within ten days after it was presented to him, and became a law without his signature, May 3, 1880. Governor §3. The governor of this State is hereby authorized to appoint an additional number of notaries public to those now provided by law in authorized to appoint each county in this State including the city of New York equal to the additional number of banks located therein on the application of each bank. notaries. §2. This act shall take effect immediately. Ante, vol. 6, p. 226. CHAP. 161. AN ACT conferring upon the board of canal appraisers the Canals. power to allow amendments to claims. PASSED May 4, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: allow ments to SECTION 1. Power is hereby given the board of canal appraisers in Appraisers furtherance of justice, without terms, to allow amendments to claims have now or hereafter filed in their office, at the same time and in the same power to manner as amendments are allowed to pleadings in the supreme court, amendbut no additional claim for damages shall be allowed under this act; claims. provided, however, that no claim barred by the provisions of section two of chapter three hundred and twenty-one of the laws of eighteen hundred and seventy shall be revived under or by virtue of this act. § 2. This act shall take effect immediately. CHAP. 164. AN ACT to amend chapter four hundred and forty-six of the Insane laws of eighteen hundred and seventy-four, entitled "An asylums. act to revise and consolidate the statutes of the State relating to the care and custody of the insane, the management of the asylums for their treatment and safe-keeping, and the duties of the State commissioner in lunacy." PASSED May 4, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Laws 1874. SECTION 1. Section fourteen of title first, article first of the laws of Amending eighteen hundred and seventy-four, entitled "An act to revise and ch. 446. consolidate the statutes of the State relating to the care and custody of the insane, the management of the asylums for their treatment and safe-keeping, and the duties of the State commissioner in lunacy," is hereby amended so as to read as follows: insane, made to § 14. When a person in indigent circumstances -- not a pauper - Indigent becomes insane, application may be made in his behalf to any county applica judge, special county judge, judge of a superior court or common pleas tion to be of the county where he resides, and said judge shall fully investigate county the facts of the case, both as to the question of his indigence as well judge. as to that of his insanity. And if the judge certifies that satisfactory proof of his insanity has been adduced, and that his estate is insufficient to support him and his family (or, if he has no family, himself) Judge to of time of hearing. Judge may require friends to give secur ity to remove pa tient when cured. while under the visitation of insanity, then it shall be the duty of any judge, before whom application for that purpose is made, to cause reagive notice sonable notice thereof, and of the time and place of hearing the same to be given to one of the superintendents of the poor of the county chargeable with the expense of supporting such person in a State asylum, if admitted, and he shall then proceed to ascertain when such person became insane. On granting such certificate the judge may, in his discretion, require the friends of the patient to give security to the superintendent of the poor of the county to remove the patient from the asylum as soon as he shall recover. But in every case where a patient is admitted into an asylum, as herein before provided, shall have remained there two years and has not recovered, the managers of the asylum may, in their discretion, cause such person to be returned to the county whence he came, and charge the expense of such removal to the county. The judge granting said order of indigence shall file all papers belonging to such proceedings, together with his decision, with the clerk of the county, and report the facts to the supervisors, whose duty it shall be, at their next annual meeting, to raise the money requisite to meet the expenses of support of such indigent lunatic. §2. Section fifteen of the above-mentioned act is hereby amended so as to read as follows: Filing of papers. Supervis ors to raise money for expenses. When friends expenses for six months, supervisors are au § 15. When an insane person in indigent circumstances - not a have paid pauper-shall have been sent to any State asylum by his friends, who have paid his bills therein for six months, if the superintendent shall certify that he is a fit patient and likely to be benefited by remaining in the institution, the supervisors of the county of his residence are thorized to authorized and required, upon an application, under oath, in his behalf, to raise a sum of money sufficient to defray the expenses of his remaining there another year, and to pay the same to the treasurer of the asylum. And they shall repeat the same for two years more upon like application and the production of a new certificate of like import from the superintendent of such asylum. raise funds for another year. societies. § 3. This act shall take effect immediately. Ante, vol. 9, p. 923. CHAP. 167. Religious AN ACT to amend section three of chapter one hundred and seventy-six of the laws of eighteen hundred and seventy-six, entitled "An act supplementary to chapter sixty of the laws of eighteen hundred and thirteen, entitled An act to provide for the incorporation of religious societies,'" and the acts supplemental thereto. Amending ch. 176,laws 1876. Religious Bocieties, PASSED May 4, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section three of chapter one hundred and seventy-six of the laws of eighteen hundred and seventy-six, entitled "An act supplementary to chapter sixty of the laws of eighteen hundred and thirteen, entitled 'An act to provide for the incorporation of relig ious societies,"" and the acts supplementary thereto, is hereby amended so as to read as follows: 83 Any two or more of the corporations, aforesaid, are hereby authorized to unite and consolidate themselves into a single corpo how they ration of the denomination to which at least one of such corporations shall belong, in the manner following: The said corporations may unito. may enter into an agreement under their respective corporate seals, for the union and consolidation of the said corporations, setting forth the terms and conditions thereof, the name of the proposed new corporation, the church or denomination to which it shall belong, the names of the persons who shall be the churchwardens and vestrymen, or elders and deacons or trustees, or other officers as the case may be, until the first annual election of the proposed new corporation, and fixing the day of such election. But in the case of the Protestant Episcopal churches, no such agreement shall be valid unless approved by the bishop and standing committee of the diocese in which such churches are situated; and in case of Presbyterian churches, a union under this act shall not be valid unless approved by the presbytery with which such churches are connected. Each of the said corporations may make its separate petition to the supreme court in the judicial district in which such corporations are situated, for an order for such union and consolidation; setting forth in such petition the reason for such union and consolidation, the agreement made as hereinbefore provided, and a statement of all its property, real and personal, all its debts and liabilities, and the amount and sources of its annual income. Upon such petition from each of such corporations so proposing to be united and consolidated, and upon the said agreement satisfactorily proved or certified, the supreme court may, in case it shall deem it proper, make an order for the union and consolidation of such corporations, determining all the terms and conditions and provisions thereof. All parties interested therein may be heard on such petition. When such order is made and entered according to the practice of the court, the said corporations shall be united and consolidated into one corporation by the name designated in the order, and it shall have all the rights and powers, and be subject to all the obligations of religious corporations under the act to which this is supplementary, and the acts amendatory thereof and supplementary thereto. §2. This act shall take effect immediately. Ante, p. 289. CHAP. 168. AN ACT to amend chapter nine hundred and two of the laws of eighteen hundred and sixty-nine, entitled "An act to amend an act entitled 'An act to authorize life insurance companies to make special deposits of securities in the insurance department, and to authorize the superintendent of said department to require special reports of such companies, passed April twenty-fourth, eighteen hundred and sixty-seven, and, also, to provide for the appointment of receivers of such depositing companies in certain cases'' PASSED May 5, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section eight of chapter nine hundred and two of the laws of eighteen hundred and sixty-nine, entitled "An act to amend an act entitled 'An act to authorize life insurance companies Life Insur panies. ance com Amending laws 1869. ch. 902, Receiver to appoint actuary. Examin ation. Confirm ation of report. How no be given. to make special deposits of securities in the insurance department, and to authorize the superintendent of said department to requiro special reports of such companies, passed April twenty-fourth, eighteen hundred and sixty-seven, and, also, to provide for the appointment of receivers of such depositing companies in certain cases, ," is hereby amended so as to read as follows: 8. The said receiver shall immediately on entering upon the duties of his office appoint a competent actuary, approved by the superintendent of the insurance department, who shall make a careful investigation according to the standard fixed by the laws of this State into the condition of said company and report thereon in writing, under oath, to said court, the said superintendent and receiver; and if it shall, by said report, be found that the securities deposited by said company in the insurance department, and the assets and credits including the future premiums that will mature on the outstanding policies and other obligations of said company, are sufficient under the laws of this State to pay all the policies, annuities and other obligations of said company as they may mature by the terms thereof, and the legal costs and expenses incident to the business, and if upon due notice to the superintendent said actuary's report shall be confirmed by the court, the said receiver shall notify all the holders of said policies, annuities and other obligations requiring them to pay to him, as such receiver, all premiums or other payments due or to become due to said company, from time to time, on their tice shall respective policies, annuities or other obligations. Such notice shall be given by depositing the same in the post-office at the place where said company has its principal business office, addressed to said parties respectively at their several residences, so far as the same can be ascertained by said receiver, and also by the publication thereof in the State newspaper, published in the city of Albany, once a week for six consecutive weeks, or on the confirmation of the report of said actuary, the court may, in its discretion, direct the receiver to reinsure all registered policies in some solvent company on the execution by said receiver of an assignment to said reinsuring company of all securities on deposit in trust for registered policy-holders. And in case the said report of the said actuary shall show that the said securities, assets, credits and premiums are not sufficient under the laws of this State to pay all the policies, annuities and other obligations of said company as they may mature by the terms thereof, and the legal costs and expenses of said receivership, and the said report shall, Court may upon due notice to the superintendent, be confirmed by the court, the direct con- court may direct the conversion of the securities held by the superintendent into money for the purpose of distribution, and the superintendent shall thereupon, with the consent and advice of the treasurer of the State, and in such manner as the said receiver, superintendent and treasurer, or a majority of them, shall determine, sell and convert said securities into money; and the proceeds of such securities, when required for distribution, and when the court shall make an order for that purpose with suitable provisions for the safety of the moneys, shall be paid to the said receiver on his giving his receipt to said superintendent, and shall be applied by said receiver, under the ceeds to be direction of the court, as follows: To the payment of the registered policyholders of said company, in a proportion to the net value of their policies respectively, and to the registered annuities of said company, in proportion to the then present value of their respective annuities, as estimated by the legal standard for valu Insuf ficiency. version of securities. How pro applied. |