Highway tax for ment of roads, etc. § 6. In addition to the amount raised by the trustees for "ordinary improve expenditures," the trustees shall have power, in any one year, in addition to the poll-tax, to raise by tax such sum as they may deem necessary, 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 roads, 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 taxes 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 treas Amending urer. §3. This act shall take effect immediately. CHAP. 423. AN ACT to amend chapter five, title two, part two of the 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-three of chapter five, title two, part two ch.tit. 2, of the Revised Statutes, is hereby amended so as to read as follows: part 2, Rev. Stat. Lunatics, contracts of. § 23. The supreme court shall have authority to decree and compel 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 devisee 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. § 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., §§ 2345-6. CHAP. 427. compan and 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: ch. 463, 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 authorized 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. CHAP. 428. compan 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: marine ies, how SECTION 1. Fire or marine insurance companies from other countries Foreign than the United States, hereafter applying for admission to this State, fre 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 to transact State. Agree ment not to apply for re moval of causes into U. S. court. Filing of agreement. department such securities as foreign insurance companies are now required by law to deposit, and in such amount as is required by exist ing 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 directors, and file with said superintendent an agreement that it will not 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 shall 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 business, which companies organized under the laws of this State are prohibited from transacting, to file in his office an agreement under the corporate seal of such company that it will not (while authorized to violation. do business in this State) transact in this State such business. Penalty for In what courts suits may be brought. §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 forthwith 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 can be brought against companies organized under the laws of this State. 5. This act shall take effect immediately. CHAP. 429. Penal and reformatory institutions. Unlawful to intro AN ACT to regulate the use of intoxicating liquors in poorhouses, 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, duce in except for 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 be 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. § 2. Any person violating this act, upon conviction thereof shall be deemed guilty of a misdemeanor. § 3. This act shall take effect immediately. CHAP. 433. Penalty. AN ACT in relation to arrears of personal taxes in the city of New York New York. 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: ation. Arrears of taxes, how personal may be SECTION 1. At any time within six months after the passage of this act any person or corporation may pay to the comptroller of the city 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 forthwith cancel the record of any such tax. Upon such 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. CHAP. 434. villages, AN ACT to authorize cities and incorporated villages to charge Cities and 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: fees. collect 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 deal ers, exceptions. Common trustees to to charge and collect a license fee 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 or such villages shall have power to fix the amount to be charged for fix amount such licenses at such sum as in their discretion they may deem just. They shall also have power to enforce the collection of such license fees in the same manner as they are now severally authorized by law to enforce the collection of other license fees which they are au thorized 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. of fees. Ordinances. ment and wrongful acts of public officers. § 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. See ch. 302, ante. CHAP. 435. 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.”” Amending ch. 526, 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. "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 follows: Action by tax payers may be maintain public officers waste of § 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 59 NY. 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 funds or property. 64 id. 404. |
