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Highway tax for
$ 6. In addition to the amount raised by the trustees for “ordinary improvo- expenditures,” the trustees shall have power, in any one year, in addi
tion to the poll-tax, to raise by tax such sum as they may deem necesroads, etc.
sary, not exceeding in any one year the amount of one per centum on the assessed valuation of such village, to be denominated a highway tax, to work and improve the roadls, avenues, streets, public squares and parks, lanes, sidewalks and crosswalks of said village, on all persons and incorporated companies, owning property and estate, real and personal, in said village, to be assessed and collected as all other tares are, by the provisions of this act. The money so raised, with the proceeds of the poll-tax, shall be devoted to the purposes expressed in this section, and kept apart as a separate and distinct fund by the treasurer.
3. This act shall take effect immediately. Ante, vol. 7, pp. 690-693.
PASSED May 26, 1880.
Assembly, do enact as follows: Amending SECTION 1. Section twenty-three of chapter five, title two, part two ch.5, tit. 2, part 2,
of the Revised Statutes, is hereby amended so as to read as follows:
§ 23. The supreme court shall have authority to decree and compel Tunatics the specific performance of any bargain, contract or agreement which
may have been made by any lunatic or other person specified in the first section of this title, while such lunatic or other person was capable to contract; and of any contract in relation to lands made by the ancestor of such person from whom such person inherits or takes as derisee or otherwise; and to direct the committee of such person to do and execute all necessary conveyances and acts for that purpose; and in case the person entitled to such conveyance is the committee of such person specified in section one of this title, the said court may, upon the petition of said committee, appoint some suitable and proper person to execute the said conveyance in the name of such lunatic or other person specified in section one of this title, upon payment by the vendee of any sum remaining due to such person upon said contract, or upon the fulfillment of the contract on the part of the party who contracted with the person represented by said committee.
8 2. This act shall take effect immediately. This act was evidently intended to amend section 22 instead of section 23. It is probably repealed by ch. 245, ante, (sections 2 and 4) which repealed the por tion of the R. S. referred to See Co. Civ. Proc., SS 2345-6.
AN ACT to amend chapter four hundred and sixty-three of Insurance
the laws of eighteen hundred and fifty-three, entitled “An ies, life act to provide for the incorporation of life and health insur- health. ance companies, and in relation to agencies of such companies.”
PASSED May 26, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Section twenty-one of chapter four hundred and sixty- Amending three of the laws of eighteen hundred and fifty-three, entitled “ An Laws 1853 act to provide for the incorporation of life and health iusurance companies, and in relation to agencies of such companies,” is hereby amended so as to read as follows:
$ 21. Any existing company incorporated by or authorized under the laws of this State, for the purposes mentioned in this act, may avail themselves of the provisions of this act, after publishing their intentions for six weeks in the State paper, and obtaining the consent of the majority of the trustees or directors, and complying with the third section of this act, in relation to the filing and contents of the declaration therein referred to. And any existing company incorporated . by or anthorized under the laws of this State, or any company formed under this law, to transact the business embraced in the second department of section one of the act hereby amended, may at any time increase the amount of its capital stock, upon the same proceedings Increase of being had as are required by a fire insurance company, as provided in capital chapter four hundred and sixty-six of the laws of eighteen hundred and fifty-three, with the amendments thereto.
$ 2. This act shall take effect immediately. Ante, vol. 4, pp. 216-226.
AN ACT further to regulate the admission to this State of fire Insurance
and marine insurance companies from other countries than ies. the United States.
PASSED May 27, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Fire or marine insurance companies from other countries Foreign than the United States, hereafter applying for admission to this State, fire and may be admitted to transact business in this State on presenting to companthe superintendent of the insurance department legal and satisfactory may be evidence of the possession by them of a capital, of which there is paid admitted up in cash, and invested in securities of the same general character as business those which companies of this State are permitted to hold, not less than in this five hundred thousand dollars or one hundred thousand pounds sterling, and upon depositing with the superintendent of the insurance
for removal of causes into U.S. court.
department such securities as foreign insurance companies are now required by law to deposit, and in such amount as is required by existing laws; provided that before any such company shall be admitted to transact business in this State, it shall execute under its corporate
seal, and the hand of its president by authority of its board of directAgree
ors, and file with said superintendent an agreement that it will not ment pot apply to remove into the United States court any action brought
against it in any court of this State, and that if it shall make any such application, its authority to transact the business of insurance in this State shail cease and determine, and whenever it shall appear to the superintendent of the insurance department that any such company has made such application to remove such an action contrary to such agreement, he shall revoke the certificate of such company to do business in this State, and notify the agents thereof, and the agents of such company after such notice shall discontinue the issuing of any new policy.
$ 2. The superintendent shall require any such company doing busiFiling of
ness, which companies organized under the laws of this State are pro
hibited from transacting, to file in his office an agreement under the Penalty for corporate seal of such company that it will not (while authorized to
do business in this State) transact in this State such business.
$ 3. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor. Any company or corporation of this State violating any of the provisions of this act shall be subject to a fine of five hundred dollars for each and every offense, to be sued for and recovered in the name of the people of the State by the attorneygeneral, and such penalty when recovered shall be paid into the treasury of the State. Any company, partnership, association or corporation of any other State or country violating, or allowing any of its agents to violate any of the provisions of this act, shall be prohibited from transacting further business in this State, and the certificateof authority issued to the agents of such company, partnership, assos ciation or corporation shall be revoked forth with by the superintendent of the insurance department.
$ 4. Suits or actions may be brought against companies from other countries in any district court in the city of New York, or before any
justice of the peace or any other court where such suits or actions brought.
can be brought against companies organized under the laws of this State.
§ 5. This act shall take effect immediately.
In what courts suits may be
Penal and reformatory in. stitutions.
AN ACT to regulate the use of intoxicating liquors in poor
houses, juvenile reformatories, protectories, houses of refuge, jails, penitentiaries and prisons.
Passed May 27, 1880; three-fifths being present. The People of the State of New York represented in Senate and Assembly, do enact as follows :
SECTION 1. It shall be unlawful to introduce into any poor-house,
juvenile reformatory, protectory, house of refuge, jail, penitentiary or toxicating prison, or to bring upon the premises thereof, any wine, alcoholic,
Unlawful to introduce in
malt or intoxicating liquors, except upon the written requisition of liquors the medical officer of such institution, or for any trustee, manager, medical officer, agent, employee, or other person connected with any such in- purposes. stitution, or the inmates thereof, to use, to offer to others, or to allow to used within any such institution, or upon the premises thereof, any wine, alcoholic, malt or intoxicating liquors, except by the direction and prescription of the medical officer of such institution, who shall, in every case of such prescription, make a record of the name of the person and the cause for which such prescription is given, in a book kept publicly for such purpose, which record shall be verified by the affidavit of such medical officer, at least once in every six months.
8 2. Any person violating this act, upon conviction thereof shall be Penalty deemed guilty of a misdemeanor.
$ 3. This act shall take effect immediately.
AN ACT in relation to arrears of personal taxes in the city of lity, Taark
Passed May 27, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follois :
SECTION 1. At any time within six months after the passage of this personal act any person or corporation may pay to the comptroller of the city taxes, how of New York the amount of any tax or balance of tax upon personal paid. property belonging to such person or corporation, heretofore laid or imposed and now remaining wholly or partly unpaid, together with interest at seven per centum per annum, to be calculated from the time that such tax was imposed to the time of such payment and the comptroller shall make and deliver to the person so making such payment a receipt therefor, and shall forth with cancel the record of any such tax. Upon su payment such tax shall cease to be a lien upon the property and shall be deemed fully paid, satisfied and discharged, and there shall be no right to any further interest or penalty by reason of such tax not having been paid within the time heretofore required by law, or by reason of any statute passed requiring the payment heretofore of any penalty or interest over seven per centum upon any unpaid tax.
AN ACT to authorize cities and incorporated villages to charge Cities and
villages, license fees to persons doing business on the canals of this license State.
Passed May 27, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. It shall hereafter be lawful for the common council Lawful to of any city and the trustees of any incorporated village in this State, license
from retail dealers, exceptions.
to charge and collect a license see from all persons doing a retail business in the sale of goods of any description, except products of the farm and unmanufactured products of the forest, from canal boats in the canals of this State, or from the lands by the side of said canals, and within the boundary lines thereof, within the limits of such cities
or villages. The common council of such cities and the trustees of council of such villages shall have power to fix the amount to be charged for fit amount such licenses at such sum as in their discretion they may deem just. of fees. They shall also have power to enforce the collection of such license fees in the same
as they are now severally authorized by law to enforce the collection of other license fees which they are authorized to impose. They shall also have power to adopt laws or ordinances to prevent any person making any such sale without first obtaining such license, and to punish any violation thereof by a fine not exceeding one hundred dollars, the offender to be imprisoned in the county jail until such fine be paid, not exceeding six months.
§ 2. All acts and parts of acts inconsistent with this act are hereby repealed.
$ 3. Nothing in this act contained shall be held or construed to conflict in any manner with the provisions of title four of chaper seventeen of part one of the Revised Statutes.
$ 4. This act shall take effect immediately.
wrongful acts of public Officers.
Embezzle- AN ACT to amend chapter five hundred and twenty-six of the
laws of eighteen hundred and seventy-nine, entitled “An. act to amend chapter one hundred and sixty-one of the laws of eighteen hundred and seventy-two, entitled “An act for the protection of tax payers against the frauds, embezzlements and wrongful acts of public officers and agents.
Passed May 27, 1880; 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 five hundred and twenty-six of Laws 1879. the laws of one thousand eight hundred and seventy-nine, entitled Ante, p. 816.6 “An act to amend chapter one hundred and sixty-one of the laws of
eighteen hundred and seventy-two, entitled 'An act for the protection of tax payers against the frauds, embezzlements and wrongful acts of public officers and agents,'” is hereby amended so as to read as fol
” $ 1. All officers, agents, commissioners and other persons acting for
and on behalf of any county, town or municipal corporation in this ed against State, and each and every one of them may be prosecuted, and an
action or actions may be maintained against them to prevent waste or to prevent injury to any property, funds or estate of such county, town or
municipal corporation by any person or by any number of persons damage to jointly, who shall be singly or together assessed for the amount of one 69 N Y. 192 ; thousand dollars in said town, and liable to pay taxes upon such
assessment therein, or who have either separately or together paid taxes therein upon an assessment of that amount within one year previous to the commencement of any such action or actions. Provided
Action by tax payers inay be maintain
waste of funds or
64 id. 404.