Penalty to be sued

for.

Any person may be relator.

include all persons and firms whose business, in whole or in part, it is to negotiate for and place risks, deliver the policies covering the same, and collect the premiums therefor). The provisions of this section shall apply to all foreign companies, partnerships, associations and individuals, whether incorporated or not.

§ 2. The twenty-fifth section of the said act is hereby amended so as to read as follows:

§ 25. Every penalty provided for by this act (incurred outside of the limits of the city and county of New York) shall be sued for and recovered in the name of the People by the district attorney of the county in which the company or the agent or agents so violating shall be situated (or in which the act in violation was committed or suffered), and one-half of said penalty when recovered shall be paid into the treasury of said county, and the other half to the informer of such violation. Such penalties may also be sued for and recovered in the name of the People by the Attorney-General and when sued for and collected by him shall be paid into the State Treasury. (And every penalty provided for by this act when incurred within the limits of the city and county of New York shall go and be paid to the informer of such violation, who on the giving, approval and filing of the bond hereinafter mentioned, may sue for and recover such penalty in the name of the People of this State on the relation of such informer; and every such suit or action shall be deemed a private suit or action and which may be discontinued and the relator be nonsuited therein as in private actions, the said relator being liable for the costs thereof in cases where the defendant succeeds in the action; and in such cases judgment shall be entered against such relator for costs in the same manner as if the relator was the nominal plaintiff; and in all cases wherein judgment is obtained against the party prosecuted, the judgment may be canceled and discharged by the relator, or the attorney for the relator, in the same manner as if such relator was the nominal plaintiff. Any citizen of this State or body corporate created by or under the laws of this State may be an informer, and shall be competent to act and stand as relator in any action for a penalty or penalties incurred under this act within the limits of the city and county of New York, on filing in the office of the clerk of the court in which such action is to be prosecuted a bond executed by one or more sureties to the defendant in such action in the penalty of five hundred dollars, to be approved by a judge or justice of said court, conditioned to pay all costs that may be recovered in such action against such relator in case the party prosecuted succeeds in the action, the sureties in which shall be residents of the city and county of New York and freeholders, and shall acknowledge the same before an officer authorized to take proof and acknowledgment of deeds, a copy of which bond shall be served on the party prosecuted with the summons in such action.) In case of the non-payment of any of the penalties provided for in this act the party offending shall be liable to imprisonment for a period not exceeding six months, in the discretion of any court having cognizance thereof.

CHAP. 557.

AN ACT in relation to the expenses of contested seats in the
Legislature of this State.

PASSED June 9, 1875.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Hereafter, whenever the seat of any member of either branch of the Legislature of this State shall be contested by any person claiming the right to said seat, no expense incurred by the contestant, in prosecuting his claim to the same, shall be paid by the State, unless said contestant shall be awarded said seat.

CHAP. 564.

etc., as

AN ACT to amend chapter one hundred and twenty-two of Building, the laws of eighteen hundred and fifty-one, entitled "An sociations. act for the incorporation of building, mutual, loan and accumulating fund associations."

PASSED June 9, 1875.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Amending

Laws 1851,

SECTION 1. The seventh section of chapter one hundred and twenty- ch. 122, two of the laws of eighteen hundred and fifty-one, entitled "An act for the incorporation of building, mutual, loan and accumulating fund associations," is hereby amended so as to read as follows:

§ 7. The trustees of any association formed under the provisions of Dividends. this act may, from time to time, declare dividends from the earnings of the association, payable in such manner as may be provided in the articles of association; but no dividend shall be declared except from the earnings of the association, and if the trustees of any such association shall declare and pay any dividend when the company is insolvent, or any dividend, the payment of which would render it insolvent, they shall be jointly and severally liable to the extent of the dividend so declared and paid, for all the debts of the association then existing or that shall be thereafter contracted while they shall respectively continue in office; provided that if any of the trustees shall object to the declaring of such dividend or to the payment of the same, and shall, at any time before the time fixed for the payment thereof, file a certificate of his objection in writing, with the clerk of the company, and with the clerk of the county, he shall be exempt from the said liability. But no trustee who shall be present at any meeting when such dividend is declared, shall be exempt from such liability, unless he shall then and there object to the declaration or payment of such dividend, and shall also procure his objection to be noted in the book of minutes of such association. No holder of redeemed shares shall claim to be exempt from Monthly making the monthly or other stated payments provided in the articles payments of association upon the ground that, by reason of losses or otherwise, the association has continued longer than was originally anticipatea, whereby the payments made on such shares may amount to more than

To make annual report.

Biennial examination. Amended

the amount originally advanced, with legal interest thereon; nor shall the imposition of fines for the non-payment of dues or fees, or other violation of the articles of association, nor shall the making of any monthly payment required by the articles of association, or of any premium for loans made to members be deemed a violation of the provisions of any statute against usury.

§ 2. Every corporation organized under the provisions of said act, and every corporation heretofore organized under the laws of this State for purposes similar to those provided for in said act, shall annually make a full report in writing of the affairs and condition of such corporation, on the first day of January in each year, to the Superintendent of the Banking Department, in such form, and by such officers of the said corporation, as the said Superintendent may designate, which report shall be in place of any report which any such corporation may now be required to make to the Supreme Court, the Comptroller, or otherwise. Such report shall be verified by the oath or affirmation of the officers making such report; and any willful false swearing in regard to such report shall be deemed perjury, and be subject to the prosecutions and punishments prescribed by law for that offense. Every such report shall be made within twenty days after the day to which it relates, and shall be in such form, and contain such statements, returns and information, as to the affairs, business, condition, obligations and resources of such corporation as the said Superintendent may, from time to time, prescribe and require. And the said Superintendent may, if he be of opinion that it is desirable, require that a like report, either wholly or in part, as to the particulars aforesaid, be made to him at any time, by any such corporation aforesaid, within such period as he may designate.

3. It shall be the duty of the said Superintendent, once in two years, either personally or by some competent person or persons, to be 18, appointed by him, to visit and examine every corporation required by this act, to report as aforesaid. The said Superintendent and every examiner. such examiner shall have power to administer an oath to any person

Power of

whose testimony may be required on any such examination, and to compel the appearance and attendance of any such person, for the purpose of such examination, by summons, subpoena or attachment, in the manner now authorized in respect to the attendance of persons as witnesses in the courts of record of this State; and all books and papers which it may be deemed necessary to examine by the Superintendent, or the examiner or examiners so appointed, shall be produced, and their production may be compelled in the like manner. The expense of examin- of every such examination shall be paid by the corporation examined to such amount as the Superintendent shall determine. Whenever such examination shall be made by the Superintendent personally, or by one or more of the regular clerks in his department, no charge shall be made on such examination but for necessary traveling and other actual expenses.

Expense

ation.

Nature of examination.

When found to

§ 4. On every such examination inquiry shall be made as to the condition and resources of the corporation generally, the mode of conducting and managing its affairs, the action of its directors or trustees, the investment of its funds, the safety and prudence of its management, the security afforded to those by whom its engagements are held, whether the requirements of its charter and of law have been complied with in the administration of its affairs.

§ 5. If it shall appear to the said Superintendent from the report of be violat- any such corporation, or from any examination made by him, or from

the report on any examination made to him, that any corporation has ing char committed a violation of its charter or of law, or is conducting busi- ter. ness in an unsafe or unauthorized manner, he shall by an order under his hand and seal of office, addressed to such corporation, direct the discontinuance of such illegal or unsafe practices and conformity with the requirements of its charter and of law, and with safety and security in its transactions, and whenever any corporation shall refuse or neg lect to make such report as is herein before required, or to comply with any such order as aforesaid; or whenever it shall appear to the said ProceedSuperintendent, tlrat it is unsafe or inexpedient for any corporation to inme continue to transact business, he shall communicate the facts to the General. Attorney-General, who shall thereupon be authorized to institute such proceeding against any such corporations as are now, or may hereafter be provided for by law in the case of insolvent corporations, or such other proceedings as the nature of the case may require.

Attorney

for failure

6. If any such corporation shall fail to furnish to the Superintend- Penalty ent of the Banking Department any report or statement required by this to report. act, at the time so required, it shall forfeit the sum of ten dollars per day for every day such report or statement shall be so delayed or withheld, and the said Superintendent may maintain an action in his name of office to recover such penalty, and when collected, the same shall be paid into the treasury of the State and be applied to the expenses of the Bank Department.

7. This act shall take effect immediately.

CHAP. 567.

struction.

AN ACT to amend chapter five hundred and fifty-five of the laws Public inof eighteen hundred and sixty-four, entitled "An act to revise and consolidate the general acts relating to public instruction."

PASSED June 9, 1875; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ch. 555,

SECTION 1. Section four of title one of chapter five hundred and Amending fifty-five of the laws of eighteen hundred and sixty-four, entitled "An Laws 1864, act to revise and consolidate the general acts relating to public instruc- 6 Edm.304. tion," is hereby amended so as to read as follows:

§ 4. His salary shall be five thousand dollars a year, payable quarterly, by the Treasurer, on the warrant of the Comptroller. § 2. Section five of title one of. said act is hereby amended so as to

read as follows:

Salary of

superintendent.

clerks,

§ 5. He may appoint as many clerks as he may deem necessary, but May the compensation of such clerks shall not exceed in the aggregate the sum appoint of nine thousand dollars in any one year, and shall be payable monthly vol. 6, p. by the Treasurer, on the warrant of the Comptroller, and the certificate of the Superintendent.

§ 3. Section seven of title one is hereby amended so as to read as follows:

305.

Id.

officer.

§ 7. The Superintendent shall be ex-officio a trustee of Cornell Uni- Ex-officio versity and of the New York State Asylum for Idiots, and a Regent of the University of the State of New York. He shall also have general supervision over the State normal schools at Brockport, Buffalo,

Vol. 6, p. 306.

Power as to indigent pupils.

Certifi

cates to teachers.

Vol. 6, p. 307.

Cortland, Fredonia, Geneseo, Oswego and Potsdam, and over any other State normal schools which may hereafter be established; and he shall provide for the education of the Indian children of the State, as required by chapter seventy-one of the laws of eighteen hundred and fifty-six.

§ 4. Section nine of title one of said act is hereby amended so as to read as follows:

§ 9. All deaf and dumb persons resident in this State, between the ages of twelve and twenty-five years, whose parent or parents, or, if an orphan, whose nearest friend shall have been resident in this State for three years immediately preceding the application, shall be eligible to appointment as State pupils, in one of the deaf and dumb institutions of this State, authorized by law to receive such pupils; and all blind persons of suitable age and similar qualifications, shall be eligible to appointment to the institutions for the blind in the city of New York, or in the village of Batavia, as follows: All such as are residents of the counties of New York, Kings, Queens, Suffolk and Richmond, shall be sent to the institution for the blind in the city of New York; those who reside in other counties of the State, shall be sent to the institution for the blind in the village of Batavia. All such appointments, with the exception of those to the institution for the blind in the village of Batavia, shall be made by the Superintendent of Public Instruction upon application, and in those cases in which, in his opinion, the parents or guardians of the applicants are able to bear a portion of the expense, he may impose conditions whereby some proportionate share of the expense of educating and clothing such pupils shall be paid by their parents, guardians or friends, in such manner and at such times as the Superintendent shall designate, which conditions he may modify from time to time, if he shall deem it expedient to do so.

§ 5. Section fifteen of title one of said act is hereby amended so as to read as follows:

§ 15. He may grant, under his hand and seal of office, a certificate of qualification to teach, and may revoke the same. While unrevoked, such certificate shall be conclusive evidence that the person to whom it was granted is qualified by moral character, learning and ability, to teach any common school in the State. Such certificate may be granted to him only upon examination. He shall determine the manner in which such examination shall be conducted, and may designate proper persons to conduct the same, and report the result to him. He may also appoint times and places for holding such examinations, at License to least once in each year, and cause due notice thereof to be given. He may also issue temporary licenses to teach, limited to any school commissioner district or school district, and for a period not exceeding six months, whenever, in his judgment, it may be necessary or expedient for him to do so.

teach.

Salary of school commissioner.

Vol. 5, p. 309

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

§ 8. Whenever a majority of the supervisors from all the towns composing a school commissioner district shall adopt a resolution to increase the salary of their school commissioner, beyond the eight hundred dollars payable to him from the United States deposit fund, it shall be the duty of the board of supervisors of the county to give effect to such resolution, and they shall assess the increase stated therein upon the towns composing such commissioner district, rata