CHAP. 41. AN ACT in relation to the Commissioners of Metropolitan PASSED March 15, 1864; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 51. Section four of chapter two hundred and fifty-nine of the Laws of eighteen hundred and sixty is hereby amended so that it shall read as follows: of commis Either of said commissioners may at any time be removed Removal by the governor, under the provisions of statutes relating to sioners. the removal from office of sheriffs, which provisions are hereby extended so as to relate to each one of the said commissioners; and in all cases where charges are made against a commissioner he shall have an opportunity to present evidence in his behalf. Ante, vol. 4, p. 258. 2. Sections five, seven and eight of chapter two hundred and fifty-nine of the Laws of one thousand eight hundred and sixty, are hereby repealed. Ante, vol. 4, p. 259. sioners and of office. S3. In place of the commissioners of metropolitan police, Commisappointed under or by virtue of chapter two hundred and their terms fifty-nine of the Laws of one thousand eight hundred and sixty, whose several terms of office are hereby vacated, there are hereby appointed, respectively, as such commissioners: Thomas C. Actou, to hold office until the first day of March, A. D. one thousand eight hundred and seventy-two; Joseph F. Bosworth, to hold office until the first day of March, A. D. one thousand eight hundred and seventy; John G. Bergen, to hold office until the first day of March, A. D. one thousand eight hundred and sixty-eight, and William McMurray, to hold office until the first day of March, A. D. one thousand eight hundred and sixty-six. commis legislature. S4. The term of office of each commissioner of metropoli- Election of tan police, after the respective determinations of the terms sioners by aforesaid, shall be eight years; and the legislature shall, in the mode prescribed by law for the election of regents of the university, and within twenty days before the expiration of the several terms of office aforesaid, elect, from the residents of the district, a successor of the person aforesaid, as a commissioner of metropolitan police. Any vacancy occurring Vacancies, during the term of any commissioner, shall be filled by appointment by the remaining commissioners, and the commissioner so appointed shall continue in office until his successor shall be elected by the next legislature after said appointment and qualified. Ante, vol. 4, p. 259. how filled. Oath of office. Duty of secretary of state. Quorum. Commis sioner to be $5. The persons severally appointed commissioners of Metropolitan police by virtue of this act, shall, before exercising the duties thereof, duly take and file in the office of the secretary of state, the oath of office prescribed for state officers. Immediately upon receiving said oath of office, the secretary of state shall give to each commissioner a certificate of his appointment, whereupon he shall possess the powers and exercise the duties of commissioner of metropolitan police, prescribed by said chapter two hundred and fifty-nine of the Laws of eighteen hundred and sixty. Ante, vol. 4, p. 258. $6. Any commissioner whose term of office may have expired shall continue to hold office until his successor shall have qualified. Three of the said commissioners shall constitute a quorum of the board of metropolitan police. $ 7. No person shall be eligible to be appointed to, or coma resident. petent to hold the office of, metropolitan police commissioner, except he be a citizen of the metropolitan police district and resident therein. Name of firm to bo $ 8. This act shall take effect immediately. CHAP. 43. AN ACT to amend section thirteen of title one, chapter four of part second of the Revised Statutes, in relation to limited partnerships. PASSED March 17, 1864; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Section thirteen of title one, chapter four, of part second of the Revised Statutes, is hereby amended so as to read as follows: § 13. The business of the partnership shall be conducted displayed under a firm in which the names of all the general partners shall be inserted, except that where there are two or more general partners the firm name may consist of either one of such general partners, with the addition of the words "and company;" and if the name of any special partner shall be used in such firm, with his privity, he shall be deemed a general partner; but the said partnership shall put upon some conspicuous place on the outside, and in front of the building in which it has its chief place of business, some sign, on which shall be painted, in legible English characters, all the names in full of all the members of said partnership, and in default thereof no action shall be abated or dismissed by reason of the proof of plaintiff of the partnership failing to meet the allegations of his pleading as to the names and number of the partnership; but the pleading may be amended on the trial to conform to the proof in that respect, without costs. suits not S2. Nothing in this act contained shall be taken or con- Existing strued to limit or affect any right of action, or action, or pro- affected. ceeding now existing or commenced. 53. This act shall take effect immediately. Ante, vol. 1, p. 718; 5 H. 309. CHAP. 51. AN ACT in relation to the Bureau of Military Statistics. The People of the State of New York, represented in Senate and Assembly, do enact as follows: open to in $1. The books, records and other property of the state in Books, etc., the bureau of military statistics shall be open to free inspec- spection. tion and use at all reasonable hours; but no book or other article shall be taken therefrom except by leave of the legislature expressed in a concurrent resolution. cure seal. copies evi $ 2. The chief of said bureau is hereby authorized and Chief to pro required to procure a seal bearing a proper device, to be used in the authentication of copies of documents, and other papers recorded or on file in said bureau. Copies of records and other papers deposited or filed in said bureau, certified under the hand and seal of said chief, and in the manner required for certified copies of papers from the office of the secretary Certified of state, may be read or used in evidence with the like force dence. and effect as the originals; provided, however, that such certified copies shall not be conclusive evidence, but may be rebutted, and the force and effect thereof may be contested by any party affected thereby. No more than five cents per folio shall be charged for copies of papers furnished to persons who are or may have been in the military or naval service of the United States, nor more than ten cents per folio to other persons, but all fractions of a folio shall be counted copies. as a full folio, and no more than ten cents shall be charged for each use of the seal. Where copies of papers are required by non-commissioned officers, musicians or privates, no charge therefor shall be made for one copy. The fees so received To be paid shall be paid into the state treasury, and a statement of them, treasury. under oath, shall be presented to the legislature in the annual report from the bureau. Fees for into state thorities $3. The chief of the bureau is directed to invite the Local auco-operation of common councils and other officials of cities, authorized the supervisors of towns and boards of supervisors of coun- appropria ties and other local authorities in the work of collecting the collection of tions for statistics. Objects of the bureau, statistics which it is the duty of the bureau to preserve; and for the purpose of collecting such statistics, common councils and other officials and bodies referred to in this section are authorized to make suitable appropriations, if, to accomplish the object, it shall be deemed necessary to do so. S4. The objects of the said bureau are to collect and preserve in permanent form the name of every person who has volunteered or been mustered, or may hereafter volunteer or be mustered into the service of the general government since April fifteenth, eighteen hundred and sixty-one, and the personal history of such person while in such service, so far as the same can be ascertained; a record of the services of the several regiments, including an account of their organization and subsequent history, and also an account of the aid afforded by the several towns, cities and counties of the state. Chapter one hundred and thirteen of the Laws of eighteen Act of '63 hundred and sixty-three, entitled "An act in relation to the bureau of military statistics," is hereby repealed, and the term of the present chief of the bureau is hereby continued to June first, one thousand eight hundred and sixty-six, and any vacancy occurring in the mean time may be filled by the governor, by and with the advice and consent of the senate. repealed. Regiments may receive Duty of quartermas S5. Any regiment of volunteers, or of the national guard new colors. of this state, that has been or hereafter may be called into the service of the United States, may receive, by the order of the commander-in-chief, new colors in exchange for those that have been worn in the field, and it shall be the duty of the ter general. quartermaster-general, approved by the commander-in-chief, to issue, upon the requisition of the commandant of such regiment, one new national flag of bunting for each flag returned for exchange, upon the production of the certificate of the chief of the bureau of military statistics that the old flag, with a history thereof, has been duly deposited in his office. Said flags to be paid for out of funds under the control of the commander-in-chief. Moneys appropriated. Anuual report. $6. The sum of sixteen thousand three hundred dollars, for the fiscal year ending September thirtieth, eighteen hundred and sixty-four, or so much thereof as may be necessary, is hereby appropriated, payable by the treasurer on the warrant of the comptroller, for salaries, printing, stationery, and necessary expenses, payable on the certificate of the chief of the bureau. $ 7. An annual report shall be made by the chief of the bureau as soon after the meeting of the legislature as the condition of the materials therefor will permit, which report shall contain the names of all the employees of the said bureau and the sums paid to them respectively, but the number of regular clerks shall not at any time exceed four. For purposes of preservation and for exchange with other states and with individuals, fifty copies of all military documents, as well as of all reports and other papers relating to the war, ordered by either house of the legislature, shall be delivered to the bureau of military statistics. 8. This act shall take effect immediately. CHAP. 53. AN ACT authorizing the clerks of the several counties in this State, to record and index the notices of pendency of action on file, and such as may hereafter be filed in their offices. PASSED March 22, 1864; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : county $1. The clerks of the several counties in this State are Duties of hereby respectively authorized and directed to procure, at the clerks. expense of their respective counties, suitable books, and in such books to record and make an index of all notices of pendency of action which may hereafter be filed in the office of such clerk. clerk to re index no $2. The clerk of any county shall, at the request of any County person, and on being paid for so doing by the person making cord and such application the fees hereinafter fixed, record and index tice. in the book of record in the first section mentioned, any notice of pendency of action which has heretofore been filed in his office. The party filing such notice shall indicate at the foot thereof the name of such of the defendants as it shall be necessary to insert in such index. evidence. $3. The record of any such notice, or a certified copy there- Record to bo of, may be read in evidence in any of the courts of this State, with the like force and effect as if the original notice was produced. clerks. $4. Said clerks respectively shall be entitled to receive for Fees of recording and indexing any such notice of pendency of action, the same to be paid by the person filing such notice, compensation of ten cents for recording every one hundred words thereof in addition to any fees now allowed by law for filing, indexing and certifying the same. The bill of said clerks respectively, for the expense of procuring said books of record shall be audited and allowed by the board of supervisors of the respective counties, and when so audited and allowed shall be paid by the treasurer of the county. $5. This act shall take effect immediately. Ante, vol. 2, p. 181; vol. 4, p. 666; vol. 5, p. 36. |