PART L To make reports and CHAP. 334. AN ACT requiring foreign insurance companies to make and file annual statements of their condition and affairs. PASSED April 26, 1861. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. All foreign insurance companies, associations, corporastatements. tions, partnerships and individuals, transacting the business of fire, marine or life insurance, or any other kind of insurance in this state, shall make annual statements of their condition and affairs to the insurance department, in the same manner and in the same form as similar companies organized under the laws of this state. Penalty for neglect. Lien on stocks and profits. $ 2. In case of neglect or refusal to make such annual statement as aforesaid, all persons acting in this state as agents or otherwise in transacting the business of insurance for said companies, corporations, associations, partnerships or individuals, shall be subject to the same penalties provided by law in case of the failure of any insurance company, organ ized under the laws of this state, to make an annual statement as now provided by law. CHAP. 367. AN ACT to amend an act entitled "An act to provide for the incorporation of fire insurance companies," passed June twenty-fifth, eighteen hundred and fifty-three. PASSED April 19, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: [The first five sections of this act amend ch. 466 of Laws of 1853, and the amendments are there incorporated.] S6. Any fire or fire and marine insurance company, chartered by this state, may have a lien, by passing a by-law to that effect upon the stock or certificate of profits owned by any member for any debt hereafter to become due the said company for premiums, by stating that the said stock is subject to any such lien upon the certificates of stock or profits, and such lien may be waived in writing by the consent of the president of said company upon the transfer of any such stock. CHAP. XX CHAP. 412. AN ACT to facilitate the closing up of insolvent and dissolved mutual insurance companies. PASSED April 21, 1862. The People of the State of New York, represented in Senate and Assembly, do enact as follows: may be ap $1. If any controversy or disagreeement shall arise between Referee the receiver of an insolvent or dissolved mutual insurance pointed. company, in the settlement of any demand or claim against any member or stockholder of the company of which he is is receiver, or any other person, or if after personal demand for payment of such demand or claim shall have been made, and the payment of the sum claimed be neglected or refused, the same may be referred to a sole referee who may be agreed upon by the receiver and the person against whom such demand or claim is made, by a writing to that effect signed by them, or upon application to any justice of the supreme court residing in the district where such receiver keeps his office as herein stated, and all controversies relating to such receiver's business may be referred to one referee in the discretion of the court; such referee shall be appointed upon ten days' notice to the adverse party. S2. The referee so appointed, shall proceed in a summary Proceed manner to hear the proofs and allegations of the parties upon referee. ings before written or oral pleadings, and shall have the same powers and be subject to the same duties and obligations, and shall receive the same compensation as referees appointed by the supreme court in personal actions pending therein, and upon his report a judgment may be entered in said court and be the judgment of said court, in the same manner; and the supreme court, may, on appeal from said judgment to the general term, set aside the report of the said referee; but no appeal from such judgment shall suspend or delay the execution thereon, unless there shall be filed with the notice of appeal to the clerk of the court, a certificate of a justice of the supreme court, to the effect that there is probable error in the said judgment, nor unless security be given to the satisfaction of said justice for the payment of said judgment and the costs of the appeal, if said judgment be affirmed. hearing. $3. All controversies before said referee shall be brought Notice of to a hearing upon notice to the adverse party, the same as now required by the rules and practice of the supreme court. sion to ex $ 4. The referee so appointed, at any time after his appoint- Commisment and without an issue of fact joined, shall have the same amine witpower and authority to issue a commission to examine wit- ness. nesses relating to any controversy before him as a justice of the peace now has. PART I Power of supreme court. Disbursements. Saving clause. $5. The supreme court shall have power to refer all actions now pending therein, wherein any such receiver is a party, and where any controversy arises as mentioned in the first section of this act, such reference shall in no way prejudice the proceedings already had. S6. The prevailing party shall recover the disbursements to the controversy only. This act shall not affect the costs already made in actions pending, and the costs now incurred in actions pending shall abide the event of the action, not to exceed twenty dollars in cases where no judgment has been entered. Costs on appeal may be allowed in the discretion of the court, and may be absolute or directed to abide the event of the action. Act of 1857 amended. Metropolitan police district. Powers and duties, in whom vested. Three com. to be ap CHAP. 259. AN ACT to amend an act entitled "An act to establish a Metropolitan police district, and to provide for the government thereof," passed April fifteenth, eighteen hundred and fifty-seven. PASSED April 10, 1860; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. The act entitled "An act to establish a Metropolitan police district, and to provide for the government thereof," passed April fifteenth, eighteen hundred and fifty-seven, is hereby amended so as to read as follows: S2. The counties of New York, Kings, Westchester and Richmond, and the towns of Newtown, Flushing and Jamaica, in the county of Queens, are hereby constituted and territorially united for the purposes of police government and police discipline therein, into one district, which shall be known as and called the Metropolitan Police District of the State of New York. 15 N. Y., 532; 25 B., 532. S3. The powers and duties connected with and incident to the police government and discipline of the said district, shall be, as is hereinafter more especially provided for, vested in and exercised by a board of Metropolitan police, commissioners of Metropolitan police, and by a Metropolitan police force, composed of a superintendent of Metropolitan police force, inspectors of Metropolitan police force, captains of Metropolitan police, sergeants of Metropolitan police, and patrolmen of Metropolitan police. $ 4. On or before the tenth day of April, A. D. eighteen missioners hundred and sixty, and thereafter from time to time as may become requisite, the governor shall nominate, and by and with the advice and consent of the senate, shall appoint, from pointed. among the electors of the Metropolitan police district, three CHAP. XX. commissioners of Metropolitan police, who shall constitute the board of Metropolitan police, and two of them shall form a quorum for the transaction of business. The governor shall have power to fill up any vacancy or vacancies that may happen in such board during the recess of the senate, by appointing a commissioner or commissioners who shall hold office until appointment shall be made for the remainder of the unexpired term, in the manner herein before provided. Any one of the commissioners may be at all times removed by the governor under the provisions of statutes relating to the removal from office of sheriffs, which provisions are hereby extended so as to relate to each one of the said commissioners. 5 Ab., 241. sioners to office. $ 5. The said three commissioners, after having been duly Commis appointed under this section, shall assemble together in the draw lots office of the secretary of state, and there proceed to draw lots for terms of for three terms of office expiring respectively on the first days of April, in the years eighteen hundred and sixty-two, eighteen hundred and sixty-four, and eighteen hundred and sixtysix. At the expiration of each of the said respective terms, the full term succeeding shall be one of six years. sioners not office. $6. Any one of the said commissioners who shall, during Commis his term of office, accept or hold any other place of public to except trust or civil emolument, or who shall, during his term of any other office, be publicly nominated for any office elective by the people, and shall not, within ten days succeeding the same, publicly decline the said nomination, shall be in either case deemed thereby to have resigned his commission to the governor, and to have vacated his office, and the governor shall proceed as in case of vacancy. sion of ap $7. Upon the said three terms of office having been deter- Commis mined as aforesaid, by lot, and a certificate of the result o attested by each commissioner having been filed in the office to be issued of the secretary of state, there shall be issued to each commissioner from said office the proper commission of appointment to office, for the term so drawn by lot, and each commissioner shall, on receipt thereof, take and subscribe before the secretary of state, for deposit in his office, the oath required by the constitution for judicial officers. sioners ap under this those now S8. The said three commissioners appointed under this Commis section, shall then take the places of the five commissioners pointed of police of the said the Metropolitan police district, now ful- act to take filling office therein under the act hereby amended, and the the place of terms of office of each of the said five commissioners shall in office. thereupon be at an end. The board of Metropolitan police, composed of the said three commissioners, and of no other officers or persons, shall succeed and take the place of the board of police then existing. $9. The said "the Metropolitan police district" shall be divided by the board of Metropolitan police into precincts, District to be divided. into pre cincts. PART I. Board of police to fill vacan cies. Quota of not exceeding forty in the whole number thereof, and to each precinct shall be assigned a captain of Metropolitan police, and as many sergeants and patrolmen of the Metropolitan police force as the said board may deem sufficient. Any number of said precincts may be joined into a sub-district by the said board and assigned to the charge of an inspector of police force. Any number of precincts may be likewise joined into surgical sub-districts and assignments be made thereto of surgeons of police by the said board. In precincts within the county towns of Kings, or the towns of Newtown, Flushing and Jamaica, in the county of Queens, or in the counties of Richmond or Westchester, respectively, the said board may appoint therein any patrolman as acting sergeant in command of such precinct, with powers of captain, under the rules and regulations of the board, but without increase of pay. $10. The board of Metropolitan police, whenever vacancies occur or the same becomes requisite, shall appoint the superintendent of Metropolitan police force, and the inspectors of Metropolitan police force, not exceeding four, and the captains of Metropolitan police, not exceeding forty, and the sergeants of Metropolitan police, not exceeding one hundred and sixty, and the patrolmen of Metropolitan police to the number authorized or restricted by this act. The board of Metropolitan police shall promulgate all regulations and orders through the superintendent of police, who shall be the executive head of the whole police force of the Metropolitan district, and who shall have the direction and control of said force, subject to the rules and regulations of the board of police. $ 11. The quota of patrolmen for the county of New York, patrolmen. and whose services are to be paid for by the contribution of said county to the Metropolitan police fund, shall not exceed one thousand four hundred, unless the board of supervisors of said county shall by resolution determine an additional number to be necessary. The quota of patrolmen for the city of Brooklyn, and whose services are to be paid for by the contribution of said city to the general police fund, shall not exceed two hundred, unless the common council thereof shall by resolution authorize the board of Metropolitan police to appoint an additional specified number. Such resolutions may be passed from time to time by either the said board of supervisors or the said common council. $12. The qualified voters of each of the towns in the respective counties of Kings, Westchester and Richmond, and of each of the towns, respectively, of Newtown, Flushing and Jamaica, in the county of Queens, and the qualified voters of any incorporated village within the said the Metropolitan police district, shall have power at any annual or special town meeting or village election, to vote and determine if a regular patrolman, or any and what number of |