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CHAP 31, AN ACT in relation to corporations or joint-stock companies of other states, territories, or dominion of Canada.

Passed May 22, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever, by the laws of any other state or territory, or Evidence the dominion of Canada, a copy of the certificate of organization or in- afecerister corporation or any other certificate, certified or exemplified by any offi-ence of

foreign cer or officers in such state or territory or dominion, is, or shall be corporaprima facie evidence of the due formation, creation, existence, organi- tions. zation or capacity of any corporation or joint-stock company, created, organized or located in such state, territory or dominion, or claimning so to be, such certificate or certificates, duly exemplified, or a duly exemplified copy thereof, shall be received in all actions and proceedings in this state, in or before all courts and officers, with the same force and effect in all respects as prima facie evidence as aforesaid, as in such other state, territory or dominion.

prisons.

CHAP 812.
AN ACT in relation to the compensation of the several officers,

keepers, guards, matrons and teachers of the Sing Sing, Au-
burn and Clinton prisons, and the superintendent of the
state lunatic asylum for insane convicts at Auburn, and to
fix the rate of interest to be paid on convict deposits.

PASSED May 22, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. From and after the first day of March, eighteen hundred compensaand seventy-seven, the compensation of the several officers, keepers, officers of guards, matrons and teachers of the Sing Sing, Auburn and Clinton state prisons shall be as follows: To each of the agents and wardens of said prisons, three thousand and five hundred dollars per year; to the physicians of each of said prisons two thousand dollars per year; to the principal keepers of each of said prisons, fifteen hundred dollars per year; to the clerk of each of said prisons, two thousand dollars per year; to the chaplain of each of said prisons, two thousand dollars per year; to the kitchen keepers of each of said prisons, twelve hundred dollars per year; to the store keeper of each of said prisons, twelve hundred dollars per year ; to the ball keeper of each of said prisons, twelve hundred dollars per year; to the yard keeper of each of said prisons, one thousand dollars per year; to the keepers of each of said prisons, nine hundred dollars per year; to the sergeant of guard at each of said prisons, nine hundred dollars per year; to the guards of each of said prisons, seven hundred and eighty dollars per year; to the matron at Sing Sing prison, seven hundred and eighty dollars per year; to each of the assistant matrons at Sing Sing prison, six hundred and sixty dollars per year; to each of the male teachers at each of said prisons, three hundred dollars per year, and to each of the female teachers at each of said prisons, two hundred dollars per year, which salaries to male and female teachers shall be in full for all services performed at the prisons by

be left vacant.

State luna- them. The salary of the superintendent of the state lunatic asylum tic asylum. for insane convicts at Auburn shall be two thousand dollars per year. Offices may $ 2. The superintendent of state prisons may leave vacant, or require

to be left vacant, any subordinate offices or positions now established by law, filled by appointment by the agent and warden, with the approval of the superintendent, in any of the state prisons which he may consider unnecessary for the protection of the property of the state, or for the safe-keeping of the convicts. And the compensation prescribed by this act for the several keepers, guards, matrons, teachers and other ofticers, except agent and warden, physician, chaplain and clerk, may, from time to time, be otherwise fixed and prescribed by the superintendent,

but shall not, in any case, exceed the compensation now allowed by law. Interest on

$ 3. The interest on convict deposits shall hereafter be paid at the deposits. rate of five per centum per annum.

§ 4. All provisions of law inconsistent with this act are hereby repealed.

§ 5. This act shall take effect immediately.

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CIIAP. 318.
AN ACT to suspend the operation of parts of chapters four

hundred and forty-eight and four hundred and forty-nine
of the laws of eighteen hundred and seventy-six, to con-
tinue in force the laws superseded thereby, and to regulate
proceedings in civil actions.

PASSED May 22, 1877. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Suspend

SECTION 1. The operation of all the provisions of chapters four hunvised code dred and forty-eight and four hundred and forty-nine of the laws of procedure. eighteen hundred and seventy-six, except sections three hundred and

three to three hundred and six, both inclusive, and sections one thousand and twenty-seven to one thousand one hundred and eighty, both inclusive, of said chapter four hundred and forty-eight, and so much of subdivisions two and seven, of section five of said chapter four hundred and forty-nine, as applies to said sections, is hereby suspended until the first day of September, eighteen hundred and seventy-seven, when the same shall again go into and remain in full force and effect.

§ 2. Any summons actually issued in an action on or after the first day of May, eighteen hundred and seventy-seven, and before this act takes effect, shall not be deemed invalidated or affected in any manner by the provisions of this act, and the same may be served upon any of the defendants, and judgment by default for want of appearance or answer may be taken as if this act had not been passed; or if the defendant answers, the proceedings in the action to the service of the first pleading therein shall be the same as if this act had not been passed.

$ 3. No proceeding in an action or a special proceeding, taken as prescribed in chapter four hundred and forty-eight of the laws of

eighteen hundred and seventy-six, on or after the first day of May, May lst. eighteen hundred and seventy-seven, and before this act takes effect,

shall be invalidated or impaired by this act, but the subsequent proceedings, except as otherwise provided in the sections mentioned in section one of this act or as otherwise expressly prescribed in the last preceding section, shall conform, as nearly as may be, to the provisions of law regulating proceedings in actions and special pro

Provisions as to summons issued before suspension.

Provision for proceedings commenced after

to go into operatiou.

ceedings as they existed on the thirtieth day of April, eighteen hundred and seventy-seven, and the court shall, upon proper application, allow, without costs, any amendment or other proceeding which may be necessary for that purpose.

$ 4. All actions or special proceedings commenced after this act Ib. takes effect, and all proceeding after this act takes effect in an action or special proceeding commenced before this act takes effect, shall be conducted as prescribed by law for that purpose, in force on the thirtieth day of April, eighteen hundred and seventy-seven, until the first day of September next, except as otherwise prescribed in this act.

$ 5. Chapter four hundred and forty-nine of the laws of eighteen hundred and seventy-six is hereby amended as follows:

1. In section five the words " the first day of May, eighteen hun- When code dred and seventy-seven,” are stricken out whenever they occur and the words “ the first day of September, eighteen hundred and seventyseven,” are inserted in place thereof, except that the words the first day Excepof May, eighteen hundred and seventy-seven,” are retained in sub- tions. division seven of that section, so far as they apply to title third or title fourth, or article first of title fifth of chapter ten of the said chapter four hundred and forty-eight of the laws of eighteen hundred and serenty-six.

2. In section fifteen of the said act the words “ the thirtieth day of April, eighteen hundred and seventy-seven,” are stricken out and the words “ the thirty-first day of August, eighteen hundred and seventyseven,” are substituted in place thereof, except so far as they apply to title third or title fourth, or article first of title fifth of chapter ten of the said chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six.

$ 6. The provisions of law which were in force on the thirtieth day Old code of April, eighteen hundred and seventy-seven, and which were superseded in whole or in part by the provisions of said chapters four hundred and forty-eight and four hundred and forty-nine of the laws of eighteen hundred and seventy-six, except the provisions superseded by sections three hundred and three to three hundred and six thereof, both inclusive, and sections one thousand and twenty-seven to one thousand one hundred and eighty thereof, both inclusive, shall be operative and continue in full force and effect until the first day of September, eighteen hundred and seventy-seven.

$ 7. This act shall take effect immediately.

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reinstated.

CHAP 19.
AN ACT making certified copies of records in the offices of

the comptroller of the state of New York and the treasurer
of the state of New York evidence in the courts of this state.

PASSED May 23, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Copies of all the official records in the offices of the comptroiler and treasurer of this state, certified by the officer in whose office they are kept, shall in all cases be evidence equally and in like man ner as the originals. 8 2. This act shall take effect immediately.

See Co. Civ. Proc., 8933.

CHAP 820.

AN ACT relative to the bonded indebtedness of cities, villages,

towns and counties.

PASSED May 23, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever the bonds of any city, village, town or county shall have been issued and sold by the proper authorities, and the time fixed for the maturity of such bonds, or any of them, shall be for a longer period than that provided by the law under which they were issued, a variance not exceeding sixty days shall not be regarded or held as affecting the ralidity of such bonds.

$ 2. Nothing in this act contained shall affect any litigation now pending

$ 3. None of the provisions of this act shall apply to the counties of Orleans and Niagara. $ 4. This act shall take effect immediately.

See Laws 1878, chaps. 75, 317, post, pp. 524, 623.

CHAP 8).

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not to be declared forfeited

AN ACT to amend chapter three hundred and forty-one of

the laws of eighteen hundred and seventy-six, entitled “An act regulating the forfeiture of life insurance policies."

PASSED May 23, 1877. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: Amending SECTION 1. Section one of chapter three hundred and forty-one of chap. 341, the laws of eighteen hundred and seventy-six, entitled “An act reguante, p. 405. lating the forfeiture of life insurance policies, is hereby amended so as

to read as follows: Policies

§ 1. No life insurance company doing business in the state of New York shall have power to declare forfeited or lapsed any policy here

after issued or renewed by reason of non-payment of any annual prefor nonpayment mium or interest, or any portion thereof, except as hereinafter provided.

Whenever any premium or interest due upon any such policy shall remain unpaid when due, a written or printed notice stating the amount of such premium or interest due on such policy, the place where said premium or interest should be paid, and the person to whom the same is payable, shall be duly addressed and mailed to the person whose life is assured, or the assignee of the policy, if notice of the assignment has been given to the company, at his or her last known post-office address, postage paid by the company, or by an agent of such company or person appointed by it to collect such premium. Such notice shall further state that unless the said premium or interest then due shall be paid to the company or to a duly appointed agent or other person authorized to collect such premium within thirty days after the mailing of such notice, the said policy and all payments thereon will become forfeited and void. In case the payment de

without notice to pay.

manded by such notice shall be made within the thirty days limited therefor, the same shall be taken to be in full compliance with the requirements of the policy in respect to the payment of said premium or interest, any thing therein contained to the contrary notwithstanding; but no such policy shall in any case be forfeited or declared forfeited or lapsed until the expiration of thirty days after the mailing of such notice. Provided, however, that a notice stating when the premium will fall due, and that if not paid the policy and all payments thereon will become forfeited and void, served in the manner

hereinbefore provided, at least thirty and not more than sixty days prior to the day when the premium is payable, shall have the same effect as the service of the notice hereinbefore provided for.

$ 2. The affidavit of any one authorized by section one to mail such Evidence notice, that the same was duly addressed to the person whose life is assured by the policy, or to the assignee of the policy, if notice of the assignment has been given to the company, in pursuance of said section, shall be presumptive evidence of such notice having been given.

See ch. 347, L. 1879, post, p. 772.

of notice.

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118.

senator or

AN ACT to amend an act entitled “An act respecting elections

other than for militia and town officers,” passed April fifth,
eighteen hundred and forty-two," as amended by chapter six
hundred and ninety-eight of the laws of eighteen hundred
and seventy-two.

PASSED May 24, 1877 ; three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. The third subdivision, of the sixth section, of the second

Amending title, of chapter one hundred and thirty of the laws of eighteen hun- Laws of

18+2, chap. dred and forty-two, as amended by chapter six hundred and ninety- 130. eight of the laws of eighteen hundred and seventy-two, is hereby 9 Edm, 422. amended so as to read as follows:

$ 3.*When a vacancy exists in the office of any senator or membei Vacancy in of assembly, occurring after the first day of January, in any year, the office of same shall be filled at the first election held thereafter in any such dise member of trict where such vacancy may occur, or at a special election to be called assembly. by the governor for that purpose; provided such vacancy occurs during the first year of the term of any senator, or before the first day of March in the second year of the term of any senator. But no vacancy shall be filled for the office of member of assembly, unless the same shall occur on or before the first day of April, in any year, unless the legislature is in session at the time such vacancy and election shall take place. The person elected to fill such vacancy shall receive and be paid the full annual salary for the year

in which he shall be elected to fill such vacancy, and in case the deceased member shall have been paid the whole or any part of such salary, for such year, the legislature shall make such appropriation as may be necessary to pay such salary. The provisions of this act shall apply to members of the legislature of the year one thousand eight hundred and seventy-seven, elected to fill vacancies therein. $ 2. This act shall take effect immediately.

* So in the original.

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