bush. For Green- quota of patrolmen for the village of Greenbush, and whose services are to be paid for by the contributions of said village to the capital police fund, shall not exceed two, unless the board of trustees of said village shall, by resolution, determine a specified additional number to be necessary. The For Water- quota of patrolmen for the town of Watervliet, without the limits of the said incorporated villages therein, shall not exceed six, to be paid by the contributions of said town, exclusive of said incorporated villages therein. vliet. Act Ante, vol. 6, p. 504. S2. This act shall take effect immediately. CHAP. 731. AN ACT to amend an act entitled "An act to amend the act for the incorporation of Insurance Companies," passed April nineteenth, eighteen hundred and sixty seven. PASSED May 8, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two of the act entitled "An act to amended. amend an act entitled an act to amend the act for the incorporation of Insurance Companies," passed April nineteenth, eighteen hundred and sixty-seven, is hereby amended so that the same shall read as follows: Extension 2. Any mutual or stock insurance company incorporated of charter. 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 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 two-thirds of them, and not less than thirteen in number. But such examination and proceeding 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 of 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. Ante, p. 104. 2. This act shall take effect immediately. CHAP. 732. AN ACT in relation to transfer of securities deposited by insurance companies with the Superintendent of the Insurance Department, and to amend the act entitled "An act to establish an Insurance Department," passed April fifteenth, eighteen hundred and fifty-nine. Ante, vol. 4, p. 252. PASSED May 8, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: securities. SECTION 1. No transfer of stocks, bonds and mortgages or Transfer of other securities now held or hereafter received by the superintendent of the insurance department, under the provisions of any act authorizing deposits in the said department, shall be deemed valid or of binding force or effect, unless the same be countersigned by the treasurer of the state, or in his absence from his office or inability to perform the duties of his office, by his deputy. It shall be the duty of the treasurer aforesaid, to keep in his office, or in the office of the superintendent of the insurance department, a book in which shall be entered the name of the company from whose account such transfer of securities is made by the superintendent, and the name of the party to whom such transfer is made, unless such transfer shall be made in blank, and the par value of any stock so transferred shall be entered therein, and the amount for which every mortgage transferred is held by the superintendent, and the name of the party to whom assigned shall also be therein entered; and it shall be the duty of the treasurer, immediately upon countersigning and entering the same, to advise by mail the company from whose account such transfer is made, of the kind of security and the amount of the same thus transferred. $ 2. The treasurer shall present in his annual report to the Report of legislature, the total amount of such transfers or assignments same. countersigned by him. Duty of state treasurer. Pay of treasurer. Salary of superinten deut. $ 3. It shall be the duty of the treasurer, or in his absence from his office, or in case of his inability to perform the duties of his office, of his deputy, to countersign and enter upon the book, in the manner aforesaid, every transfer or assignment of any securities held by the said superintendent presented for his signature; and the treasurer shall have, at all times during office hours, access to the books of the superintendent of the insurance department, for the purpose of ascertaining the correctness of the transfer or assignment presented to him to countersign; and the superintendent shall have access to the book above mentioned, kept by the treasurer, during office hours, to ascertain the correctness of the entries upon the same. S 4. The treasurer shall, for the services required by this act, receive the annual salary of two hundred and fifty dollars, to be paid in the same manner as the salary of the superintendent, and the same shall be audited and allowed by the said superintendent, and charged in the general expenses of the insurance department. $5. The annual salary of the superintendent of the insurance department, from and after the first day of January last, is hereby increased in the sum of two thousand dollars per annum, payable quarterly in the usual manner out of the funds of said department. The fees for filing the annual statements of all marine and life insurance companies transstatements, acting business in this state are hereby fixed at fifty dollars each. Fees for annnal Act amended. for. S6. This act shall take effect immediately. CHAP. 761. AN ACT to amend an act for the preservation of the public health, passed April tenth, eighteen hundred and fifty, and to repeal chapter one hundred and sixty-nine of the Laws of eighteen hundred and fifty-four amendatory thereof. PASSED May 9, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The fifth section of chapter three hundred and twenty-four of the laws of eighteen hundred and fifty is hereby amended so as to read as follows: Expenses 5. All expenses incurred by the several boards of health, provided in the execution and performance of the duties imposed by this act, shall be a charge only on their respective cities, villages and towns; and shall be audited, levied, collected and paid in the same manner as other city, village and town charges are audited, levied, collected and paid. Ante, vol. 3, p. 403. laws. $ 2. Chapter one hundred and sixty-nine of the laws of Repeal of eighteen hundred and fifty-four, entitled "An act to amend an act entitled 'An act for the preservation of the public health,'" passed April tenth, eighteen hundred and fifty, is hereby repealed. Ante, vol. 3, p. 401. S3. This act shall take effect immediately. CHAP. 764. AN ACT to amend title ten of chapter eight of part three of the Revised Statutes, relative to bawdy houses. PASSED May 9, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : amended SECTION 1. Title ten of chapter eight of part three of the Act Revised Statutes is amended by adding thereto the following sections: Ante, vol. 2, p. 534. sion. 55. When any house or other real property is used or warrant of occupied as a bawdy house, or house of assignation for lewd disposses persons, the owner or landlord thereof may apply to any officer mentioned in section twenty-eight of this title for a warrant of dispossession, as hereinafter set forth. for. $56. Such application shall be made upon an affidavit set- Application ting forth that the house or premises in question, or some part thereof, is used or occupied as a bawdy house or house of assignation for lewd persons, describing the premises and naming, if it can be done, the persons occupying the same or some one of them. $57. Upon such application, accompanied by such affidavit, Summons. the magistrate shall issue a summons describing the premises, and requiring the persons named or described in the affidavit to remove therefrom forthwith, or show cause before him why they should not do so, in the same time and manner as is prescribed by this article in case of non-payment of rent.. summons. 58. The summons shall be served in the manner pres- Service of cribed by section thirty-two of this title, and if at the return day, no cause be shown to the contrary, the magistrate shall, upon due proof of service of the summons, issue his warrant to the proper officer, commanding him to remove from the premises aforesaid the persons on whom the summons was served. 59. The person on whom the summons was served, or Trial. any other person in possession of the premises aforesaid, may appear and show cause against the application, in the manner prescribed by section thirty-four of this title, and such proceedings shall thereupon be had as are prescribed by sections Effect of warrant. Notice by owners. thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight, forty-one and forty-two; and if the decision of the magistrate or the verdict of the jury be in favor of the complainant, the magistrate shall issue the warrant mentioned in the last section. 60. A warrant issued under either of the last two sections shall have the effect prescribed by section forty-three of this title. 61. Any owner or tenant of real property in the immeadjoining diate neighborhood of other real property used or occupied as a bawdy house, or house of assignation for lewd persons, may give written notice to the owner or landlord of the property so used, to make the application herein before mentioned; and if such owner or landlord do not, within five days after personal service of such notice upon him or his agent, make such application, or if, having made it, he do not, in good faith, prosecute the same, the owner or tenant giving such notice may apply to any officer mentioned in section twenty-eight of this title, for a warrant of dispossession, as hereinafter described. Proceedings thereon. Ibid. Trial. § 62. Such application shall be accompanied by an affidavit similar to that required by section fifty-five, and further setting forth the facts necessary to bring the case within the provisions of the last section, and thereupon the officer to whom the application is made shall issue a summons describing the premises, and requiring the defendant to show cause before such officer in the same time and manner as is prescribed by this article in case of non-payment of rent, why he should not be compelled to remove from such property. 63. Such summons shall be served in the manner prescribed by section thirty-two of this title, on the owner or landlord, or his or their duly authorized agent, and also on the tenant, if any, occupying the premises as a bawdy house, or house of assignation for lewd persons; and if, at the return day no cause be shown to the contrary, the magistrate shall upon due proof of service of the summons, issue his warrant to the proper officer, commanding him to remove from the premises the persons on whom the summons was served, within two days from the issue of such warrant. 64. The owner or landlord of the premises, and also any tenant occupying the same, may appear and show cause. against the application, in the manner prescribed by sections thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight, forty-one and forty-two; and if the decision of the magistrate, or the verdict of the jury, be in favor of the complainant, the magistrate shall issue a warrant requiring the defendant to be removed, as is mentioned in the last section. S2. This act shall affect only lettings or leases hereafter made. |