ing life insurance and annuity obligations within this State. The surplus of the proceeds of such securities, if any there be after the payments last above Surplus. mentioned, with all the other assets of the said company, shall be then applied to the payment of all the just debts of said company incurred in the conducting and carrying on its lawful business. § 2. This act shall take effect immediately. Ante, vol. 7, p. 509. CHAP. 170. AN ACT to provide for the compilation and revision of the laws of the Banks, State of New York affecting banks, banking and trust companies. PASSED May 5, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do * enact as follows: banking and trust compa nies. of laws. SECTION 1. Within twenty days after the passage of this act, the governor, Revision by and with the advice and consent of the senate, is authorized to appoint three persons as commissioners to compile and revise all statutes of the State of New York affecting banks, banking and trust companies which shall be in Governor to appoint force at the time such commissioners shall make their report, and in the exe- commiscution of their duties, said commissioners shall have free access to any of the sioners. public records and papers of the State, and be permitted to examine the same without fee or reward. sioners §2. When the said commissioners shall have completed the compilation and Commisrevision of the statutes as aforesaid, they shall cause a printed copy of the to report same to be submitted to the legislature for the year eighteen hundred and to legiseighty-one, and at the same time, they shall suggest to the legislature such lature. omissions, contradictions and other imperfections as may appear in the original text with their recommendations for amendment, either by repeal or by supplementary or explanatory legislation, with their reasons for such recommendations. §. 3. Each of said commissioners shall serve without pay. Commis to serve § 4. The reasonable expenses of said commissioners for clerical services and sioners other incidental disbursements, providing the same does not exceed the sum of without five thousand dollars, shall be paid to them from time to time upon the requisi- pay. tion therefor upon the comptroller of the State, to be paid into the treasury by the banks, banking and trust companies in the same manner as other ex- Expenses. penses of the banking corporations are now paid. may fill § 5. In case the said commissioners, or either of them, shall refuse to act in Governor the premises or shall die, resign or remove from the State before the comple- vacancies. tion of the duties assigned to them, it shall be the duty of the governor to appoint others or another in their or his stead, who shall have the powers aforesaid. § 6. This act shall take effect immediately. CHAP. 172. AN ACT to amend section ninety of chapter four hundred and Villages. twenty-six of the laws of eighteen hundred and forty-seven, entitled "An act to provide for the incorporation of villages." PASSED May 5, 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 ninety of chapter four hundred and twenty-six Amending of the laws of eighteen hundred and forty-seven, entitled "An act to laws 1847. ch. 426, Application for tion. Trustees to call Questions of disincorpora tion to be submitted a second time. Ballots, now deposited. provide for the incorporation of villages," is hereby amended so as to read as follows: § 90. When an application in writing, signed by at least one-fourth incorpora- as many persons entitled to vote for village officers in any incorporated village, as voted for such officers at the next preceding election thereof, shall be made to the trustees of such village to call a meeting of the meeting of electors thereof to determine whether the same shall continue to be an electors. incorporated village, such trustees shall call such meeting and preside as inspectors thereat, and the same shall be notified and held, the votes given thereat canvassed, the result declared, and a certificate thereof made and recorded in the same manner, as nearly as practicable, as in case of the election of village officers. The polls at such meeting shall be kept open from ten o'clock in the forenoon to four o'clock in the afternoon; and every such elector may vote thereat by a ballot having thereon the word "yes" or the word "no." If a majority of all the ballots given shall have thereon the word "no," the question of disincorporation shall be again submitted to the voters at the first regular village election thereafter, provided a period of not less than six months shall intervene between the time of holding such meeting and the first regular village election thereafter; but if a period of six months shall not intervene between the time of holding such meeting and the first regular village election thereafter, then the question shall be submitted at the second regular village election after the holding of such meeting. The ballots cast on the question of disincorporation at such regular village elections shall be deposited in a separate box, and shall have thereon the word "yes" or the word "no," and shall be canvassed, the result declared, and a certificate thereof made and recorded in the same manner as in case of the election of village officers. If a majority of all the ballots given shall have thereon the word "no," such village shall, at the expiration of six months from the time of holding such second meeting, cease to be an incorporated village, and within that period such trustees shall call a special meeting of such electors, to direct as to the disposition of the property of such village, and at such meeting such electors may direct such proped village. erty as shall remain after paying all claims for which such village shall be liable, to be disposed of in such manner as they shall deem proper. At the expiration of the said six months, all the records, books and papers belonging to such village shall be deposited with the town clerk of the town in which the same shall be located, or if located in more than one town, then with the town clerk of one of such towns, whose duty it shall be to preserve the same with the town records and papers of his town, and the supervisor of such town, or if such village is located in more than one town, the supervisors of such towns shall be the trustee or trustees of the property of such village. No suit in which such village shall be a party, nor any claim for or against such village, shall be affected by its ceasing to be an incorporated village. § 2. This act shall take effect immediately. Disposition of property of disincorporat Suits at law not affected. Ante, vol. 3, pp. 789 and 809. CHAP. 175. AN ACT conferring additional powers upon boards of super- Highways. visors for the laying out highways through unoccupied and Supervisunimproved tracts of land. PASSED May 5, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ors. boards lish high clude parts of more SECTION 1. The board of supervisors of any county in this State What containing more than three hundred thousand acres of unoccupied may estab and unimproved forest lands, in addition to the powers now possessed ways. by said board, is hereby authorized to establish separate highway districts in such county, for the purpose of laying out and constructing highways through such unimproved and unoccupied tracts of land in such county; such highway district to be established upon the application of the owners of more than one-half of the non-resident lands to be included therein. Any highway district established under the pro- May invisions of this act shall consist of contiguous tracts or parcels of land and may include within its limits parts of one or more towns, and the one or same may be changed, altered or abolished at any time by said board towns. of supervisors. The said board of supervisors shall have power to appoint a commissioner or commissioners to lay out and construct highways in any such district and to prescribe their powers and duties, and may also direct the manner in which highway taxes shall be assessed, levied and collected upon the lands embraced in any such district, and likewise the manner of expenditure thereof. The said board of supervisors may also authorize commissioners appointed under Supervisthis act to borrow money on such terms as said board shall direct, but or may not exceeding the estimated amount of ten years' highway taxes upon commisthe lands embraced within the district in which such loan is authorized, levy taxes, and may, for the purpose of repaying any such loan, set apart and appropriate the highway taxes upon lands in any such district for period not exceeding ten years from the time of making such loan. § 2. This act shall take effect immediately. CHAP. 176. AN ACT concerning tramps. PASSED May 5, 1880; three-fifths being present. a The People of the State of New York, represented in Senate and Assembly, do enact as follows: appoint sioners, and auborrowing thorize the of money. Limit. Tramps ment of. SECTION 1. Every tramp, upon conviction as such, shall be punished Punishby imprisonment at hard labor in the nearest penitentiary for not more than six months, the expense during such imprisonment not to exceed one dollar a week per capita, to be paid by the State. § 2. All persons who rove about from place to place begging, and all Who are. vagrants living without labor or visible means of support, who stroll over the country without lawful occasion, shall be held to be tramps within the meaning of this act. Entering buildings against owner, and weapons, §3. Any act of vagrancy by any person not a resident of this State shall be evidence that the person committing the same is a tramp within the meaning of this act. § 4. Any tramp who shall enter any building against the will of the owner or occupant thereof, under such circumstances as shall not will of amount to burglary or willfully or maliciously injure the person or carrying property of another, which injury under existing law does not amount dangerous to a felony or shall be found carrying any fire-arms or other dangerous weapon, or burglars' tools, or shall threaten to do any injury to any person or to the real or personal property of another, when such offense is not now punishable by imprisonment in the State prison, shall be deemed guilty of felony, and, on conviction, shall be punished by imprisonment in the State prison at hard labor, for not more than three years. a felony. Any resident of town may arrest To whom act does § 5. Any person being a resident of the town where the offense is committed may, upon view of any offense described in this act, apprehend the offender and take him before a justice of the peace or other competent authority. § 6. This act shall not apply to any person under the age of sixteen not apply. years, nor to any blind person, nor to any person roving within the limits of the county in which he resides. Commutation of sentence. Copy of act § 7. Any person convicted under this act shall be entitled to the same commutations of sentence as now provided by law for any prisoners committed to the State prison or penitentiary. $8. Upon the passage of this act the secretary of State shall cause to be post- to be printed copies of this act to be sent to the several town clerks, who shall cause the same to be posted in at least twelve conspicuous places; six of which shall be in the public highway. ed. § 9. This act shall take effect immediately. CHAP. 179. Taxation. AN ACT to authorize the comptroller to admit the unpaid taxes of the year eighteen hundred and seventy-nine, assessed upon lands in the several counties of the State which were bid in by the State at the tax sale of eighteen hundred and seventy-seven, and to which the State acquired title from said tax sale. Comptrol ized to admit un paid taxes of 1879. PASSED May 6, 1880; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The comptroller is hereby authorized and required to ler author admit the unpaid taxes of the year eighteen hundred and seventy-nine, assessed upon lands in the several counties of this State to which the State acquired title from the tax sale of eighteen hundred and seventyseven, in the same manner as if said lands had not become the prop erty of the State; and the taxes so admitted shall be a lien upon said lands. And whenever any such lands shall be sold by the State, all taxes which may remain unpaid thereon on the books of the comptroller's office shall be paid by such purchaser before any patent shall be issued therefor. § 2. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. §3. This act shall take effect immediately. CHAP. 181. hospital. AN ACT to authorize the reception and treatment in Bellevue Hospital Bellevue of persons who do not reside in the city of New York. PASSED May 6, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: New York and SECTION 1. The commissioners of the department of public charities and Non-resicorrection in the city of New York are hereby authorized, in their discretion, dents of to permit the reception and treatment in Bellevue Hospital of persons who do city may not reside in the city of New York, provided that every person so received and be received treated shall be required to pay such sum for board and attendance as may be treated fixed by said commissioners. All sums so paid shall be reported by the said commissioners to the comptroller, and paid over to the chamberlain of said city once in every three months, and shall be added to, and form a part of, the annual appropriation made by the board of estimate and apportionment for supplies for said department, and may be expended in the same manner as the moneys appropriated for that purpose by said board of estimate and apportionment. § 2. This act shall take effect immediately. CHAP. 182. AN ACT to authorize corporations formed for the erection of build- Building ings to mortgage their property and franchises. PASSED May 6, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: corporations. gage proр SECTION 1. Any company formed under the act entitled "An act to au- May mortthorize the formation of corporations for the erection of buildings," passed erty and April fifth, eighteen hundred and fifty-three, or of the acts amending or ex- franchises. tending said act, may secure the payment of any debt heretofore contracted or which may be contracted by it in the purchase of property for the business for which it is incorporated, by mortgaging, including right to issue mortgage bonds on all or any part of the real estate, goods and chattels of such corporation, and also the franchises, privileges, rights and liberties, provided that the written assent of a majority of the stockholders owning at least two-thirds of the capital stock of such corporation shall first be filed in the office of the clerk of the county where the corporation has its principal place of business, and also in the office of the clerk of the county where such real estate, goods and chattels are situated. § 2. This act shall take effect immediately. For the act of 1853, see vol. 3, p. 783. CHAP. 184. AN ACT to prevent the bribing and corrupting of officers of the PASSED May 6, 1880; three-fifths being present. SECTION 1. Every person who shall promise, offer or give, or cause or aid, or abet in causing to be promised, offered or given, or furnish, or agree to furnish, in whole or in part, to the president or to any counselor, peace-maker, or other officer of the Seneca Nation of Indians, any money, goods, right in action, or other property or any thing of value, or any pecuniary or other indi Promise of gifts, etc., hibited. |