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CHAP. 420.

AN ACT providing for the appointment of an additional
number of notaries public in the city and county of
New York, and in the several assembly districts of this
State.
PASSED April 17, 1867.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The governor is hereby authorized and empowered, by and with the advice and consent of the senate, to appoint, in and for the city and county of New York, one hundred notaries public, and in each assembly district of the state other than the county of New York, two additional notaries public, in addition to the number now provided by law.

S2. This act shall take effect immediately.

CHAP. 426.

AN ACT to amend chapter six hundred of the laws of eighteen hundred and sixty-five, passed April twentyeighth, eighteen hundred and sixty-five, entitled "An act to amend an act entitled 'An act in relation to the compensation of the several officers of state prisons," passed April twenty-third, eighteen hundred and sixty-four.

PASSED April 18, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of the act entitled "An act to amend an act entitled 'An act in relation to the compensation of the several officers of state prisons,' passed April twentythird, eighteen hundred and sixty-four," passed April twentyeighth, eighteen hundred and sixty-five, is hereby amended so as to read as follows:

§ 1. From and after the first day of March, eighteen hundred and sixty-seven, the compensation of the several officers, keepers, guards and teachers of the Sing Sing, Auburn and Clinton prisons shall be as follows: To each of the agents and wardens of said prisons, two thousand dollars per year; to the physician of each prison, fifteen hundred dollars per year; to the principal keeper of each of said prisons, fifteen hundred dollars per year; to the clerk of each of said prisons, fifteen hundred dollars per year; to the chaplain of each of said prisons, fifteen hundred dollars per year; to the kitchen keeper of each of said prisons, twelve hundred dollars per

year; to the store-keeper of each of said prisons, twelve hundred dollars per year; to the yard keeper of each of said prisons, one thousand dollars per year; to the keepers of each of said prisons, nine hundred dollars per year; to sergeant of guard at each of said prisons, nine hundred dollars per year; to the guards of each of said prisons, seven hundred and eighty dollars per year; the matron of the prison at Sing Sing shall receive seven hundred and eighty dollars per year; and the assistant matrons at such prison shall receive six hundred and sixty dollars per year; at each of said prisons the salary of the male teachers shall be three hundred dollars per year each, and that of the female teachers shall be two hundred dollars per year each, which salaries shall be in full for all services performed. The salary of the superintendent of the state lunatic asylum for insane convicts, at Auburn, shall be fifteen hundred dollars per year.

§ 2. In addition to the present officers at the Auburn prison there shall be a store-keeper, who shall give the bonds now required by law, and whose salary shall be as provided for in section one of this act, for store-keeper at Sing Sing prison.

S3. This act shall be in force for the term of three years from the first day of March, eighteen hundred and sixty-seven. Ante, vol. 6, p. 539.

CHAP. 441.

AN ACT to amend the act entitled "An act to authorize the formation of Town Insurance Companies," passed April seventeenth, eighteen hundred and fifty-seven. PASSED April 19, 1867.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The directors of any insurance company now existing which was organized under chapter seven hundred and thirty-nine of the laws of eighteen hundred and fiftyseven, may issue policies, signed by their president and secretary, agreeing, in the name of such company, to pay all damages which may be sustained by fire, for a term not exceeding five years by the holders of such policies, not exceeding the sum named in said policy, and which shall not exceed the sum of four thousand dollars. But nothing in this act contained shall be held or construed to revive or re-enact the said chapter seven hundred and thirty-nine of the laws of eighteen hundred and fifty-seven.

$ 2. This act shall take effect immediately.

Abandonment of property.

Extension of charter.

superinten

dent of insurance depart. ment.

CHAP. 442.

AN ACT further to amend the act for the incorporation of insurance companies.

PASSED April 19, 1867.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The eighteenth section of the act entitled "An act to provide for the incorporation of insurance companies," passed April tenth, eighteen hundred and forty-nine, shall not be construed to prevent an insurance company from accepting an abandonment of property insured, and selling the same, nor be construed to prevent a purchase and resale of property under judicial process or otherwise, in which, or in the proceeds of the sale of which, such company may be interested, by reason of having previously become insurers of the same or of some share or portion thereof.

Ante, vol. 4, p. 210.

§ 2. Any mutual insurance company incorporated by this state prior to the passage of said act may at any time have its original charter, as amended by subsequent acts, extended to the time or for the period mentioned in the fifteenth section of said act, by filing in the office of the superintendent of the insurance department a copy of said charter as amended, and a consent referring to the original charter and the acts amending the same, signed by all its trustees or by twoExamina thirds of them and not less than thirteen in number. But tion by such examination and proceedings shall be had by the superintendent of the insurance department, as are required by the eleventh section of said act, to be had by the comptroller; and the superintendent shall further inquire, and if so found, certify that such consent after due notice has been regularly given, and that such company is in the active prosecution on its business and is in a safe and proper condition to continue the same, and, on filing his certificate of approval and that of the attorney-general, it shall be lawful for such company, under and in accordance with its extended charter, as required by said eleventh section, to continue upon the same plan and without any interruption of its business or distribution of its assets, as fully and with like effect as if the original act incorporating the same as amended by subsequent acts had been specially extended by act of the legislature: Provided that any company whose existence or privileges may be extended by this act shall at all times be fully under the inspection and supervision of such superintendent, and be subject to the checks and safeguards imposed by said acts and the acts amending the same, and be also subject to the right of

the legislature to alter, amend or repeal its charter, or any part or provision thereof.

§ 3. This act shall take effect immediately.

Ante, vol. 4, p. 210.

CHAP. 453.

AN ACT to amend an act entitled "An act to prevent the introduction and spread of the disease known as Rinderpest, and for the protection of flocks and herds of sheep and cattle in this State from destruction by this and other infectious diseases," passed April twentieth, eighteen hundred and sixty-six.

PASSED April 19, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section three of an act entitled "An act to prevent the introduction and spread of the disease known as rinderpest, and for the protection of the flocks and herds of sheep and cattle in this State from destruction by this and other infectious diseases," passed April twentieth, eighteen hundred and sixty-six, is hereby amended so as to read as follows:

3. William Kelly, of Dutchess county, Marsena R. Patrick, of Ontario county, and Lewis F. Allen, of Erie county, are hereby appointed commissioners under this act, and with powers and duties hereinafter enumerated. In case any of the commissioners should resign or die before the expiration of this act, such vacancy or vacancies shall be filled by appointment from the governor of the state.

2. Section thirteen of said act is hereby amended so as to read as follows:

§ 13. This act shall take effect immediately, and shall continue in force three years.

Ante, vol. 6, p. 815.

CHAP. 463.

AN ACT to amend "An act to provide for a Convention to revise and amend the Constitution," passed March twenty-ninth, eighteen hundred and sixty-seven.

PASSED April 19, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section one of chapter one hundred and ninetyfour, laws of eighteen hundred and sixty-seven, is hereby amended by adding at the end thereof the following:

Vacancies, how to be

filled.

What fail

ularities will not

delegates.

And in case a vacancy occurs by reason of the death, resignation or otherwise, of any delegate so elected or chosen, the same shall be filled at a special election in the same manner as a vacancy in the office of senator or member of assembly; and all the provisions of title two, chapter six, part one of the Revised Statutes, relating to special elections, so far as the same are applicable, shall apply to the cases of vacancies in the offices of delegates herein provided for, except that nothing therein contained shall limit the time within which such election shall be had under this act.

but

S2. If in any case the proper officers shall have failed to designate the places of holding the election of delegates and invalidate give notice thereof as required by chapter one hundred and election of ninety-four of laws of eighteen hundred and sixty-seven, shall have thereafter made such designation and given such notice, the same shall be as valid and legal as if it had been given as required by said act; and no unintentional defect in making such designation or giving such notice shall, nor shall any unintentional defect or irregularity in making the registry required by the aforesaid act, be deemed to invalidate any election held thereunder.

§ 3. This act shall take effect immediately.

CHAP. 475.

AN ACT enabling National Banking Associations to become State Banking Associations, and to amend the banking laws of this State.

PASSED April 20, 1867.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Whenever any banking association, organized and doing business under the act of congress "to provide a national currency, secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved June third, eighteen hundred and sixtyfour, shall, under the provisions of the said act, or of any act of congress, be authorized to dissolve its organization as such national banking association, and shall have taken the action required to effect such dissolution, it shall be lawful for a majority of the directors of such dissolved organization, upon the authority in writing of the owners of two-thirds of its Execution capital stock, to execute the certificate of association required cate of by section sixteen, chapter two hundred and sixty, laws of eighteen hundred and thirty-eight of this state.

of certifi

incorporation.

When considered

Ante, vol. 4, p. 131.

$2. Upon the execution and proof or acknowledgment organized. of such certificate, as required by section sixteen aforesaid,

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