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first day of January, or within one month thereafter, to prepare, under their own oath, and deposit in the office of the insurance department, a statement of the condition and affairs of such company, for the year ending on the thirtyfirst day of December then next preceding, exhibiting the Statements total amount of premiums received and the total amount of losses paid and ascertained, including expenses during the year; also, the amount of debts owing by the company at the date of the statement, and the amount of claims which then exist against the company for losses accrned, showing what amount of such claims for losses is payable on demand, what amount thereof is considered fair or legal, the payment of which has not then matured according to the contract, and what amount thereof is resisted on account of alleged fraud, or for which the company do not consider themselves legally liable; also a statement of the securities representing the capital stock and all funds of the company, and also whether any of the securities held or owned by such company are considered bad or doubtful, and if so, specifying the amount of such securities and the gross amount of outstanding risks thereon ; and exhibiting also the assets and liabilities of the company, its income and expenditures during the year, scrip issned and redeemed, and other miscellaneous items, in such form and manner as shall from time to time be prescribed by the superintendent of the insurance department. The statement herein provided for shall be in lieu of all statements now required to be made or published by any existing law or provision. The superintendent of the insurance department may from time to time make such changes in the forın of said annual statements as shall seem to him best adapted to elicit from the said companies a true exhibit of their condition, situation and affairs. It shall be the duty of the Duty of susuperintendent of the insurance department to cause the dent. information contained in such annual statements to be arranged and communicated to the legislature with his annual report. If, upon due examination,

it shall appear to the superintendent of the instirance department that the losses and expenses of any stock company during the year have exceeded the premiums, and in consequence thereof the capital of such company has become deficient, or from any other cause bas become impaired to the extent of twenty-five per cent, it shall be the duty of the said superintendent of the insurance department to direct the officers of any such company within sixty days to proceed to wind up its business unless within that time the stockbolders thereof shall pay in the amount of such deficiency. Any company receiving such requisition from the superintendent of the insurance department shall forth with call upon its stockholders for such amounts as will make its capital equal to the amount fixed Companies, by the charter of the said company, and in case any stock-Wind up.

perinten

holder of such company shall refuse or neglect to pay such call, after notice personally given, or by advertisement in such time and manner as the superintendent of the insurance department shall approve, it shall be lawful for the said company to require the return of the original certificates of stock held by such stockholder, and in lieu thereof to issue new certificates for such number of shares as the said stockbolder may be entitled to in the proportion that the ascertained value of the funds of the said company may be found to bear to the original capital of the said company; the value of such sbares for which new certificates shall be issued to be ascertained under the direction of the superintendent of the instirance department, and the company paying for the fractional parts of sbares; and it shall be lawfui for the directors of said company to create new stock and dispose of the same, and to issue new certificates therefor to an amount sufficient

to make up the original capital of the company. And it is Individual hereby declared that in the event of any additional losses directors.accruing upon new risks taken after the superintendent of

the insurance department shall have made the requisition aforesaid, and before the said deficiency shall bave been made up, the directors shall be individually liable to the extent

thereof. And if upon due examination it shall appear to the mutual in- superintendent of the insurance department that the losses

and expenses of any company chartered on the plan of mutual insurance, under this act, shall during the year bave exceeded the premiums, and in consequence thereof that the capital of the company as required in its organization has become deficient, or from any other cause has become impaired, it shall be the duty of the superintendent of the insurance department to direct the officers of such mutual insurance companies to take the same proceedings as berein required to be taken in case of joint stock companies; and until such directions shall be complied with, the directors shall be personally liable to pay all damages occasioned by

such neglect to any person or body corporate which may be Transfers do injured thereby. Any transfer of the stock of any stock comfrom obliga- pany organized under this act shall not release the party

making the transfer from his liability which may have accrued previous to the transfer.

Ante. vol. 4, p. 208.

Action in case of

surance,

CHAP 426.
AN ACT to amend an act entitled “An act for the

preservation of moose, wild deer, birds and fresh water fish," passed April twenty-third, eighteen hundred and sixty-two.

PASSED April 30, 1864; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Section one of chapter four hundred and seventy-four License to of the Laws of eighteen hundred and sixty-two, is hereby Suffolk amended by adding at the end thereof these words : In which last mentioned month it shall be lawful for any person who may, from year to year, be permitted, in writing, by a justice of the peace of any town in the last named county, to pursue and kill deer in such towu. The person receiving such permission shall pay to the justice ten dollars therefor, which amount shall be paid over to the overseers of the poor of such town for the benefit of the poor thereof.

Ante. vol. 4, p. 103.

.

CHAP. 517.
AN ACT to amend an act entitled “An act to author-

ize the formation of corporations for manufacturing,
mining, mechanical, or chemical purposes,” passed Feb-
ruary 17, 1848.

Passed May 2, 1864; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Any company formed under the act entitled “ An act Place of to authorize the formation of corporations for manufactur-may be ing, mining, mechanical or chemical purposes," passed February seventeen, eighteen hundred and forty-eight, may change its place or places of business by a vote of the stockholders representing two-thirds of the stock, at any meeting of the stockholders regularly called, and executing and acknowledging an amended certificate specifying the names of the towns or cities from and to which the business location of the company is to be changed, and in other respects conforming to the original certificate, which amended certificate shall be signed by the president and two-thirds of the directors of the company, and shall be filed in the office of the secre

changed.

tary of state, and in the office of the clerk of the county where the business operations of the company are to be carried on, and published weekly in two papers in the towns or cities from and to which the business operations have been removed and are to be carried on, for the term of three months. But the property of said company shall be liable to taxation in any county where such property may be, or in which its business may be done to the extent of its property in any such

county Mortgages S 2. Any corporation formed under the said act, passed of property.

February seventeen, eighteen hundred and forty-eight, or of the acts amending or extending the said act, may secure the payment of any debt heretofore contracted, or which may be contracted by it in the busivess for which it was incorporated by mortgaging all or any part of the real estate of such corporation; and every mortgage so made shall be as valid, to all intents and purposes, as if executed by an individual owning such real estate: provided, that the written assent 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 mortgaged property is situated. S 3. This act shall take effect immediately.

Ante. vol. 3, p. 733,

Penalty for selling adul.

CHAP. 518.
AN ACT to protect butter and cheese manufacturers.

Passed May 2, 1864; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 3. Whoever shall knowingly sell, supply, or bring to be terated or manufactured to any cheese or butter manufactory in this

state, any milk diluted with water, or in any way adulterated,
or milk from wbich any cream has been taken, or milk com-
monly known as "skimmed milk,” or whoever shall keep
back any part of the milk known as “strippings,” shall, for
each and every offense, forfeit and pay a sum not less than
twenty-five dollars, por more than one hundred dollars, with
costs of suit, to be sued for in any court of competent juris-
diction, for the benefit of the person or persons, firm, associa-
tion, or corporation upon whom such fraud shall be com-
mitted.
$ 2. This act shall take effect immediately.

milk,

Ante. vol. 3, p. 415

CHAP. 543. AN ACT to authorize the enforcement and collection, by action, of judgments in County Courts in favor of deceased judgment creditors.

Passed May 2, 1864; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$1. When a judgment creditor shall have died, leaving Judgmento unsatisfied, in whole or in part, a judgment in a county court lected in recovered by him in his lifetime, such judgment may be court. enforced, and execution to collect or satisfy the amount due thereon may be obtained, by action in the county court in which such judgment was recovered, by and in the name of the personal representatives of the deceased judgment creditor, or by and in the name of the assignee or owner of said judgment, in the same manner and with the same costs as judgments in like cases in the supreme court may be enforced or collected by action in the supreme court; and said county court shall have jurisdiction of such action to enforce such judgment, and to antborize execution to be issued thereon. $2. This act shall take effect immediately:

Ante. vol. 5, p. 82.

CHAP 544.
AN ACT to amend chapter four hundred and sixty-seven

of the Laws of eighteen hundred and sixty-two, entitled
"An act to prevent the adulteration of milk, and prevent
the traffic in impure and unwholesome milk.”

PASSED May 2, 1864; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Section one of chapter four hundred and sixty-seven Penalty for of the act entitled "An act to prevent the adulteration of pure es una milk, and prevent the traffic in impure and inwholesome milk. milk,” passed April twenty-three, eighteen hundred and sixtytwo, is hereby amended so as to read as follows: Any person of persons who shall knowingly sell or exchange, or expose for sale or exchange any impure, adulterated or in wholesome milk, shall be deemed guilty of a misdemeanor, and, on con

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