either or otherwise, and to take real estate in payment, or towards satisfaction of any debt due to said corporation, and to hold said real estate and convert the same into money, or other personal property, provided said corporation shall be bound to make such sale or conversion within six years after it may have acquired such real estate, and in default thereof the same shall be immediately forfeited and vested in the people of this state. vidends §3. It shall and may be lawful to and for the said corporation Pro rata diat the end of one year from and after the passage of this act, and when to be after payment of all losses, expenses and liabilities of said made. company, to make a pro-rata dividend of such surplus funds as said corporation may have on hand, to, and among the several members being insured by premium notes, according to the respective amounts thereof, and for which scrip certificates shall be issued to those entitled thereto, and if at the close of the second year from and after the passage of this act, the same shall not be expended by said corporation in the payment of losses and expenses, or for so much as shall remain unexpended as aforesaid certificates shall be issued as aforesaid, and signed by the president and secretary of said corporation, receivable for further insurance or assessments, and in the same manner from year to year at the close of each and every year thereafter; provided however that in case any such dividend be made as aforesaid, while the said corporation shall be indebted to any person or persons, or while said corporation shall be pledged as insurers to any persons without having previously obtained in writing the consent of such person or persons, then the directors who shall have consented to such dividend shall be liable in their individual and private capacity, to the extent of any such unsatisfied debts by the said corporation, and to the extent of any demands which would have been valid against the said corporation, on account of pledges as insurers, and each person who may have received of said funds by virtue of said dividend shall be personally accountable to the extent of the portion which he may have received. 4. This act shall take effect immediately. Chap. 306. AN ACT to authorise the election of local officers to discharge Passed April 10, 1849, "three-fifths being present." Local officers to be § 1. There shall be elected in the counties of Jefferson, Oneida, St. Lawrence, Oswego, Orange, Chautauque, Cayuga and Tioga, elected in at the next general election and as often thereafter, at any suc- ties. certain coun One or two county judge gate. ceeding general election, as may be necessary, in the same man-, ner as other county officers are elected, a local officer or two local to discharge officers, to discharge the duties of county judge and surrogate in the duties of their respective counties, in cases of vacancy or inability of such and surro- officers or either of them, in pursuance of section fifteen of article sixth of the constitution, when the duties of county judge and surrogate shall be discharged by the same person, there shall be elected, as aforesaid, one local officer, and in such of the said counties where the office of county judge and surrogate shall be separate, there shall be elected, as aforesaid, two local officers, and the term of office of the persons so elected, shall commence on the first day of January next after their election; they shall hold their offices for three years and until others are chosen in their places and duly qualified, and shall be subject to removal in the same manner and for the same causes as county judges and surrogates are subject to be removed. for office of Qualification § 2. Such persons so elected to discharge the duties of county countyjudge. judge, in case he shall be of the degree of counsellor at law in the supreme court, shall also possess all the powers and perform the duties that are now performed by a judge of the supreme court at chambers, and any proceeding commenced before either of such separate officers, may be finished by them or they may by an order made by them, direct that the same be finished by the county judge or surrogate. Supervisors to allow compensa. officers. § 3. Such local officers shall receive for the services to be rendered by them under the provisions of this act, such compensation tion to such as shall be allowed to them respectively by the boards of supervisors in the said respective counties; all fees received by them for discharging any of the duties under this act, shall be paid to the county treasurer of their respective counties, to be applied towards the payment of county charges. Command of regimental Chap. 307. AN ACT making further provision for the organization of the Militia, and to amend the act passed May 13, 1847, entitled "An act to provide for the enrolment of the Militia, and to encourage the formation of Uniform Companies, excepting the first Military Division of this State." Passed April 10, 1849, "a majority of all the members elected to the Senate and Assembly voting therefor, and two-thirds of all the members present concurring." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: military § 1. The commander-in-chief is hereby authorised and empowbrigade or ered, if in his opinion the public service should require it, to asdistricts how sign the command of any of the military, brigade or regimental td be assign- districts, to any brigadier general or colonel residing therein, with ed. out regard to rank, and to designate any lieutenant colonel and major, to act as such; and the officers to whom the command shall be so assigned and who shall be so designated, shall be subject to the same penalties and perform all the duties required of such officers, by any existing militia law. liable to do performed. § 2. The commander-in-chief may, in his discretion, appoint Enrolment any individual to perform the duty of enrolling all persons sub- of persons ject to military duty, within the bounds of the company district in military duwhich he shall reside, who shall also perform the duties required by whom of the commandant of a company district, and shall act as such, until the organization of a uniform company, and the individual so appointed shall be paid for his services out of the military commutation fund in the hands of the county treasurer, such sum as shall be fixed by the board of officers organized pursuant to the provisions of the act hereby amended. ary officers §3. All officers rendered supernumerary by the passage of any Supernumeract of the legislature, (except those who shall be assigned to duty to be enrollby the commander-in-chief,) and under the age of forty-five years, ed. shall be regularly enrolled in the company district in which they shall reside, but shall be exempt from the performance of military duty, except in case of war, invasion, or insurrection, upon exhibiting to the commanding officer of the regimental district in which they shall reside, a certificate from the adjutant general that they have reported themselves to his office as wishing to retain their rank as supernumeraries; and in order to entitle them to such certificate, they shall make to him a written report, setting forth their rank and date of commission. treasurers commutation § 4. It shall be the duty of the county treasurer, into whose Duty of hands the commutation money and fines belonging to any regi- county ment shall have been paid, to pay to the officers who shall have relative to performed the duty of enroling, within the bounds of the regi- money and ment to which such moneys belong, such sum as shall have been fines. fixed by the board of officers organized pursuant to the provisions of section ninety-seven of the act hereby amended; and he shall also pay such bills for printing, and other contingent expenses of the regiment, as shall have been audited and allowed by such board of officers, and such moneys shall be paid on the draft or order of the president of such board. relative to appeals. § 5. The commanding officer of a regiment, in case of his in- Provision ability from any cause to hear appeals, at the time appointed by him pursuant to the provisions of section sixty-nine of the act entitled "An act to provide for the enrolment of the militia and to encourage the formation of uniform companies, excepting the first military division of this state," passed May 13, 1847, shall designate one of his field officers to act in his behalf; and the officer so designated, shall have the same power and authority, and his decisions shall be of the same force and effect, and he shall receive the same compensation as if he were the commanding officer of the regiment. Marshal to § 6. The commanding officer of each regiment is authorised to be appointed appoint under his hand and seal, a marshal who may not only perform the usual duties of such marshals, but may also execute all process lawfully issued by such officer, and perform all acts and duties imposed on and authorised to be performed by any sheriff, marshal or constable, by chapter ten, title ten, part first, of the revised statutes, (third edition,) or by the act passed May 13th, 1847, and hereby amended; and such marshal shall be entitled to be paid out of the military commutation fund, belonging to the regiment for which he shall act, the sum of two dollars for each day actually spent by him in attending upon the officer while sitting to hear appeals, and for all other services rendered by him, the same compensation as is allowed to constables in like Penaity for neglect.. County treasurers to al about moneys. cases. § 7. Every collector or receiver of taxes of any town or ward, and every constable, marshal or sheriff, and every commissioned officer, who shall refuse or neglect to pay over to the county treasurer of the county in which he shall reside, any military fines or commutation received by him, shall be deemed guilty of a misde meanor. § 8. Section eighty-five, of the said act, passed May 13, 1847, is hereby amended so that it shall read as follows: §85. All county treasurers shall report to the adjutant general report to ad- of this state, on or before the fifteenth day of December in each jutant gener- year, the amount of all moneys received by them respectively, for fines and commutation, specifying in such report the amount received from the collector of each town or ward for commutation, and the amount received for fines, the dates when received, and the amount expended and for what, distinguishing in such report between the amounts paid for the performance of military duty, and the amounts paid for enrolling, and other contingent Persons lia itary duty may com ing 75 cents. expenses. § 9. All persons liable to military duty, may pay to the colble to do mil-lector or receiver of taxes of the town or ward in which they shall reside, the commutation of seventy-five cents, at any time mute by pay between the first day of April and the first day of August, in each year, and the said collector or receiver shall keep an accurate account of the names of all those who shall pay him previous to the receipt of the lists required to be furnished him by the commanding officer of each company district, and shall note such names upon said lists, and if any shall have paid whose names are not upon such lists, he shall add them thereto, and return them to the county treasurer and commandant of the company district, pursuant to the provisions of section sixty-three, of the act hereby amended, and all persons enrolled may be notified thereof at any time previous to the annual parade or encampment. Amendment. § 10. Section sixty-five, of the said act passed May 13, 1847, is hereby amended by striking out the words "first day of June," and inserting in lieu thereof the words "fifteenth day of July." § 11. If the commander-in-chief shall deem that the location Armories. of any regimental armory as made by the brigadier general, is not the most suitable place for the convenience of the regiment, he is hereby authorised and empowered to locate the same at such place as he shall deem proper. ry and artil § 12. The officers, non-commissioned officers, musicians (and Pay of caval privates of any cavalry or artillery company, shall receive one lery. dollar per day for each horse actually used by them at any annual parade or encampment. R. S., 3d edi § 13. The provisions of section seventy-five, of title ten, of Provisions of chapter ten, of part first of the revised statutes, (third edition,) tion. are hereby extended to all the officers, non-commissioned officers, musicians and privates of uniformed militia throughout the state. § 14. All acts inconsistent herewith are hereby repealed. § 15. Section nineteen of the said act passed May 13, 1847, is Repeal. hereby amended by striking out the word "eight" therein, and inserting in lieu thereof the word "six," and by striking out the words "other than flank companies." § 16. The "act in relation to the militia," passed May 13, 1846, Repeal. is hereby repealed. § 17. This act shall not apply to the First Military Division Exception. District. § 18. Section ninety-six of the said act, is hereby amended by Amendment. striking out the word "colonel" therein, and inserting the words "Brigadier General" in lieu thereof. § 19 This act shall take effect immediately. Chap 308. AN ACT to provide for the incorporation of Insurance Com panies. Passed April 10, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: companies. § 1. Any number of persons not less than thirteen in number Formation of may associate and form an incorporated company for either of the following purposes, to wit: vessels, &c. 1. To make insurance upon vessels, freights, goods, wares, mer-To make inchandise, specie, bullion, jewels, profits, commissions, bank notes, surance on bills of exchange and other evidences of debt, bottomry and respondentia interests, and to make all and every insurance appertaining to or connected with marine risks and risks of transportation and navigation. houses, 2. To make insurance on dwellings, houses, stores, and all On dwelling kinds of buildings, and upon household furniture, merchandise stores, &c. and other property, against loss or damage by fire and the risks of inland navigation and transportation. |