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port and discharge such passengers and property at and from
and to such places on the due payment of the fare or freight Preference legally authorized therefor. No preference for the transacmore com.. tion of business shall be granted by said railroad corporation others, for- to any one of two or more companies or associations compet
ing, in the business of transporting property for themselves
Ante, vol. 3, p. 634.
part three, of the Revised Statutes, entitled “Of deposi-
PASSED March 9, 1867, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Sections twenty-nine and thirty of article four, title three, chapter seven, part third of the Revised Statutes, are hereby amended so as to read as follows:
$ 29. Any party to a suit depending in any court of any other state of the United States, or of any foreign country, may obtain the testimony of any witness residing in this state, to be used in such suit.
Ante, vol. 2. p. 414. When judge 30. If a commission to take such testimony shall have shall Isene issued from the court in which such suit is pending, or if any witness to notice to take the testimony of witnesses in this state, shall
have been issued in any other state of the United States in appear beany suit therein pending, pursuant to the statutes of said missioners. state, on producing such commission or such notice to a justice of the supreme court, or the judge of the county court of any county, and on due proof being made to such officer that the testimony of any witness residing in this state is material to the party desiring the same, such officer shall issue a summons to such witness, requiring him to appear before the commissioners named in such commission, or before a commissioner for the state in which said notice was issued and said suit is pending, or before any officer designated in said commission, or in said notice by his title of office, to testify in said suit.
ante, vol. 2, p. 414. $ 2. Section thirty-one of said article is hereby amended to read as follows:
$ 31. Such summons shall specify the time and place at Contents of which such witness is required to attend; the place shall be within the county in which such witness resides, or within forty miles of his residence if out of his county; and such witness shall be paid the sum of two dollars for each day of his attendance in obedience to said summons, and eight cents per mile for his necessary travel in going to said place.
Ante, vol. 2, p. 414.
boat inspector at Whitehall, in the county of Washing-
Passed March 9, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. For the purpose of protecting the interests of the state in its property, revenue and tolls, the canal board Inspectorat is hereby authorized to appoint an inspector and measurer of lumber and of boats and their cargoes at Whitehall, in the county of Washington, who shall possess all the powers and perform all the duties now imposed by law upon such officers, and receive such compensation for his services as His duties may be fixed by the canal board. In addition to the foregoing powers and duties, the said inspector shall have power and it shall be his duty to regulate and station all vessels, boats, rafts and other craft in the harbor of Whitehall, within the corporate limits of the village of Whitehall, and from time to time to remove such vessels, boats or other craft as may not be employed or detained in discharging or receiving
cargoes or loading, to accommodate other vessels, boats or other craft to load or unload, and to prevent all vessels, boats, rafts and other craft from obstructing for an unreasonable length of time, the entrance of boats, rafts and other craft into the Champlain canal at Whitehall, aforesaid.
$ 2. The said inspector shall have power and it shall be his duty to determine how far and in what instances the masters and others having charge of vessels, boats or rafts shall accommodate each other in their respective situations and
locations in said harbor; and if any master or other person Penalty for having charge or control of any vessels, boats or rafts within inspector. the limits aforesaid, shall neglect or refuse to obey the direc
tion of said inspector in matters within his authority, or if
$ 3. All acts and parts of acts inconsistent herewith are
$ 4. This act shall take effect immediately.
of the Board of Excise, in and for the Metropolitan
PASSED March 11, 1867.
SECTION 1. A majority of the board of excise in and for the Metropolitan Police district of the state of New York, excepting and excluding Westcbester county, is hereby declared to be a quorum thereof, with power to do any and all business intrusted to said board. But no action or order shall be had or taken by the said board unless * a meeting thereof, regularly called, there shall have been a vote thereon had and taken, in which vote a majority of said board shall have concurred.
S 2. This act shall take effect immediately.
* So in original.
Passed March 16, 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 seven, title two, chapter five hundred and fifty-five of the laws of eighteen hundred and sixty-four, entitled “ An act to revise and consolidate the general acts relatiug to public instruction,” is hereby amended so as to read as follows:
Ante, vol. 6, p. 308. $ 7. Every school commissioner shall receive an annual salary of eight hundred dollars, payable quarterly, by the treasurer, on the warrant of the comptroller and the certificate of the superintendent of public instruction, out of the income of the United States deposit fund appropriated to this purpose, or to the support of common schools.
$ 2. Section nine of said act and title is hereby amended so as to read as follows:
$9. The board of supervisors shall annually audit and allow to each commissioner within the county the fixed sum of two hundred dollars for his expenses, and shall assess and levy that amount annually, by tax, upon the towns composing his district.
Ante, vol. 6, p. 309. $ 3. In any county of this state, where the salary of the commissioner bas been increased by the board of supervisors to an amount exceeding one thousand dollars, including necessary expenses, nothing in this act shall be so construed as to increase the salary of said commissioners.
S 4. This act sball take effect immediately.
ance Companies to reduce their capital stock, and to
act to provide for the incorporation of Fire Insurance Companies.
PASSED March 16, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Whenever it shall appear to the superintendent When and of the insurance department, from an exainination made by conditions him in the manner prescribed by law, that the capital stock tendent or of any joint stock fire or marine insurance company organ- department ized pursuant to law, is impaired to an amount exceeding may allow twenty-five per cent of such capital, and he shall be of the reduce
When reduction not
opinion that the interests of the public will not be prejudiced stock, &c. by permitting such company to continue business with a
reduced capital, it shall be lawful for such company, with the permission of the said superintendent, to reduce its capital stock, and the par value of the shares thereof, to such amount as the said superintendent may, under his hand and official seal, certify to be proper, and as shall, in his opinion, be justified by the assets and property of such company : provided that, in fixing such reduced capital, no sum exceeding twenty-five thousand dollars shall be deducted from the assets and property on hand, which shall be retained as surplus assets, and provided that no part of such assets and property shall be distributed to the stockholders, and provided, further, that the capital stock of any such company shall not be reduced to an amount less than the sum now required by law for the organization of a new company, under the general insurance laws, for the transaction of busi
ness at the place where such company is located, and of the to be made. kind which such company is authorized to transact.
$ 2. No reduction of the capital of any such company shall be made, except upon a resolution of its board of directors, approved by, at least, two-thirds of the directors, and certified under its corporate seal, signed by the president and, at least, two-thirds of the directors, and proved or acknowledged in the manner required by law for the proof or ac
knowledgment of conveyances, which certificate shall be filed Filing of in the office of the said superintendent before any action of superiu. shall be had by him thereon.
S 3. The superintendent of the insurance department, in case he shall permit any such company to reduce its capital in the manner provided in this act, shall execute the certificate required by the first section in duplicate, and deliver one of such certificates to the officers of such company, who shall forth with file the same with the clerk of the county in which such company is located, and the other of such certificates sball be filed in the office of said superintendent.
S 4. Such company, upon filing the certificate with the county clerk, as required by the third section of this act, shall, with such reduced capital, possess the same rights and be subject to the same liabilities that it possessed or was subject to at the time of the reduction of its capital, and
the charter of such company shall be deemed to be amended New certifi. in respect to the amount of capital and the par value of the
shares so as to conform to such reduction.
S 5. It shall be lawful for the said company to require the return of the original certificate of stock held by each stock. holder, and in lieu thereof to issue new certificates for such number of shares as the said stockholder may be entitled to, in the proportion that the reduced capital may be found to bear to the original capital of the company.