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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

apply to remove into the United States court any action brought to apply

against it in any court of this State, and that if it shall make any moval of

such application, its authority to transact the business of insurance in into u. s. 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 violation. 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. In what § 4. Suits or actions may be brought against companies from other suits may

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.

courts

be

reformatory institutions.

CHAP 499. Penal and IN 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 : Unlawful SECTION 1. It shall be unlawful to introduce into any poor-house, to introduce in

juvenile reformatory, protectory, house of refuge, jail, penitentiary or toxicating prison, or to bring upon the premises thereof, any wine, alcoholic,

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.

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.

City, taxation.

CHAP. 488,
AN ACT in relation to arrears of personal taxes in the city of litery,

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 :

SECTION 1. At any time within six months after the passage of this persans of 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 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 484.

fees.

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:

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 re

ers, excep

Common

to charge and collect a license fee from all persons doing a retail busitail deal

ness in the sale of goods of any description, except products of the tions. 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. of fees.

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 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.
See ch. 302, ante.

Ordi-
Dances.

CHAP 485

acts of

Embezzle- AN ACT to amend chapter five hundred and twenty-six of the ment and wrongful laws of eighteen hundred and seventy-nine, entitled “An public

act to amend chapter one hundred and sixty-one of the laws Officers.

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

Ascembly, do enact as follows : Amending 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 fol

lows: Action by

§ 1. All officers, agents, commissioners and other persons acting for

and on behalf of any county, town or municipal corporation in this maintained against State, and each and every one of them may be prosecuted, and an public

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 funds or municipal corporation by any person or by any number of persons damnage to jointly, who shall be singly or together assessed for the amount of one 59 N Y. 192 ; thousand dollars in said town, and liable to pay taxes upon such 64 id. 404.

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

tax payers may be

officers

that such person or persons, upon or prior to the commencement of such action, shall give to such county, town or municipal corporation a bond to be approved by one of the justices of the supreme court, or the county judge of the county, in such penalty as the justice or judge approving the same shall direct, but not less than two hundred and fifty dollars, and executed by two or more sufficient sureties to be approved by said justice or judge, and conditioned to save said county, town or municipal corporation harmless from all costs, charges and expenses by reason of such action. Such bond shall be filed in the office of the county clerk of the county in which the action is brought, and a copy served with the summons in such action. This act shall not be so construed as to take away any right of action from any county, town or municipal corporation, or from any public officer.

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

$ 2. In case the waste or injury complained of consists in any officer Auditing or agent of any county, town or municipal corporation, by collusion fraudulent or otherwise auditing, allowing or paying, or conniving at the audit, claims. allowance or payment of any fraudulent, illegal, unjust or inequitable claims, demands or expenses against or by such county, town or municipal corporation, or by permitting a judgment or judgments to be recovered against such county, town or municipal corporation, or against himself in his official capacity, either by default or without the interposition and proper presentation of any existing legal or equitable defenses, the court may in its discretion prohibit the payment or collection of any such claims, demands, expenses or judgments, in whole or in part, or may enforce the restitution thereof if paid or col. lected, by the person or party receiving the same, or may adjudge and declare the colluding official personally responsible therefor, and out of his property the collection or repayment thereof so as to indemnify and save harmless the said county, town or municipal corporation from a part or the whole thereof, and in case of a judgment the court may in their discretion vacate, set aside and open said judgment with leave and direction for the defendant therein to interpose and enforce any existing legal or equitable defense therein, under the direction of such person as the court may, in their judgment or order, designate and appoint.

$ 3. This act shall take effect immediately.

Cb. 161, L. 1872, ante, vol. 9, p. 339, was repealed by ch. 245, L. 1880, ante. See Co. Civ. Proc., Š 1925.

CHAP 48.

AN ACT to amend section sixteen of article third, chapter

Elections. six, part first of the Revised Statutes.

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 sixteen of article third, chapter six, part first Amending of the Revised Statutes is hereby amended so as to read as follows:

Rev. Stat. § 16. In every succeeding year the same officers shall meet at the town clerk's office, on the first Monday of October, at ten o'clock in the forenoon, and form a board. They shall determine whether any alteration in the existing election districts be necessary or expedient,

part 1,

and shall have power to make the same, snbject to the same restric-
tions and limitations contained in the last preceding section; and shall,
in like manner, make a certificate of such alterations, exhibiting the
districts as altered, and their numbers respectively; which certificate
shall be filed in the town clerk's office. Such alteration shall not
take effect until after the then next general election, except in case of
the alteration, erection or division of a town, or except such alteration
of districts shall not affect any inhabited territory in a town, in which
cases it shall take effect immediately,
Ante, vol 1, p. 122.

CHAP 489.

ch. 415,

Manufacturer of oleo

and in case of export,

Dairymen. AN ACT to amend chapter four hundred and fifteen of the

laws of eighteen hundred and seventy-seven, entitled " An act for the protection of dairymen, and to prevent deception in sales of butter."

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 : Amending SECTION 1. Section one of chapter four hundred and fifteen of the Laws 1877.

laws of eighteen hundred and seventy-seven, entitled “An act for the protection of dairymen, and to prevent deception in sales of butter," is hereby amended so as to read as follows:

§ 1. Every person who shall manufacture for sale, or who shall offer

or expose for sale, or shall export to a foreign country by the tub, firkin, margarine box or package, or any greater quantity, any article or substance in sembrand box blance of butter not the legitimate product of the dairy, and not male with name, exclusively of milk or cream, but into which the oil or fat of animals

not produced from milk enters as a component part, or into which

melted butter or any oil thereof has been introduced to take the place invoice as, of cream, shall distinctly and durably stamp, brand or mark upon the

top and also upon the side of every such tub, firkin, box or package of such article or substance the word “ oleomargarine" only where it can be plainly seen, in Roman letters which shall be burned on og painted thereon with permanent black paint, in a straight line, and shall be not less than one-half inch in length ; and if for export shall also invoice the same and clear the same through the custom house as oleomar. garine; and in case of retail sales of such articles or substance, in parcels, the seller shall in all cases sell or offer or expose the same for sale from a tub, firkin, box or package stamped, branded or marked as herein stated, and shall also deliver therewith to the purchaser a printed label bearing the plainly printed word “ oleomargarine," only in Roman letters not less than one-half inch in length which shall be printed in a straight line ; and every sale of such article or substance or export of

the same by the tub, firkin, box or package, or in any greater quanAction cannot be tity, not so stamped, branded or marked, and if exported, not invoiced brought and cleared through the custom house as oleomargarine, and every

sale of such article or substance at retail in parcels that shall not be provisions sold from a tub, firkin, box or package, so stamped, branded or marked

or without delivery of a label therewith as above stated, is declared to plied with. be unlawful and void, and no action upon any contract shall be main

tained in any of the courts of this State to recover upon any contract

on any Contract

of act are not com

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