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expenses attending the same, which sum the treasurer is hereby directed to pay out of any money in the treasury not otherwise appropriated, upon the warrant of the comptroller, to the order of the said commissioners from time to time, and in such sums' as they shall require the same, upon vouchers therefor, to be approved by the comptroller.

84. This act shall take effect immediately.

CHAP 847.

.

Surrender

force three years.

Life Insur- AN ACT to protect the rights of policyholders in life insur

ance companies.

PASSED May 21, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever any policy of life insurance hereafter issued policies in by any company organized or incorporated under the laws of this

State, after being in force three full years, shall by its terms lapse or become forfeited for the non-payment of any premium, or of any note given for a premium, or loan made in cash on the policy as security, or of any interest on such note or loan, unless the provisions of this act are specifically waived in the application, and notice of such waiver written or printed in red ink on the margin of the face of the policy when issued, the reserve on such policy, including dividend additions, calculated at the date of the failure to make any of the payments above described, according to the American experience table of mortality, and with interest at the rate of four and a half per cent per annum, after deducting any indebtedness of the insured on account of any annual, semi-annual or quarterly premium then due, and any loan made in cash on such policy, evidence of which is acknowledged by the insured in writing, shall, on demand made, with surrender of the policy within six months after such lapse, be taken as a single

premium of life insurance at the published rates of the company at How to be the time the policy was issued, and shall be applied, as shall have been applied.

agreed in the application and policy, either to continue the insurance of the policy in force at its full amount so long as such single premium will purchase temporary insurance for that amount, at the age of the insured at the time of lapse, or to purchase upon the same life at the same age, paid-up insurance payable at the same time, and under the same conditions, except as to payment of premiums, as the original policy. Provided, that if no such agreement be expressed in the application and policy, the said single premium may be applied in either of the modes above specified, at the option of the owner of the policy; notice of such option can be contained in the demand hereinbefore required to be made to prevent the forfeiture of the policy. Provided, also, that the net value of the insurance given for such single premium under this section, computed by the standard of this State, shall in no case be less than two-thirds of the entire reserve after deducting the indebtedness as specified ; but such insurance shall not participate in the profits of the company.

cies,

$ 2. If the reserve upon any endowment policy, applied according to the Endowpreceding section as a single premium of temporary insurance, be more than ment polisufficient to continue the insurance to the end of the endowment term named in the policy, and if the insured survive that term, the excess shall be paid in cash at the end of such term, on the conditions on which the original policy was issued.

§ 3. This act shall take effect on the first day of January, eighteen hundred Act takes and eighty.

1, 1880.

CHAP 850.

AN ACT to amend chapter five hundred and ninety-eight of the laws Railroad

of eighteen hundred and seventy-five, entitled “An act in relation to corporarailroad corporations."

PASSED May 23, 1879.

tions

The People of the State of New York, represented in Senate and Assembly, do enact as follow 8 :

SECTION 1. Chapter five hundred and ninety-eight of the laws of eighteen Amending hundred and seventy-five, entitled “An act in relation to railroad corporations," ch.598, is hereby amended so as to read as follows:

Laws 1875. $ 1. Any existing railroad company heretofore organized or incorporated Extending under the laws of this State, except such as may have been organized for the time for purpose of constructing or operating a railroad in the city of New York, which construc

tion. may be unable from any cause to construct its railroad within the time specified by its charter or articles of association, shall hereby have the time for the completion of the railroad it was authorized to construct extended for a further term of two years beyond the time heretofore limited; and failure to construct its railroad within the time heretofore limited shall not cause a forfeiture of its corporate powers, but nothing herein contained shall have the effect to revive any corporation whose corporate power has been forfeited from any cause.

$ 2. This act shall take effect immediately. Ante, p. 205 ; 78 N. Y. 525.

CHAP 380.

AN ACT to legalize the official acts of certain justices of the peace. Justices

of peace. PASSED May 26, 1879.

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

SECTION 1. The official acts of every justice of the peace heretofore done and

Legalizing performed, duly elected or appointed to the office, so far as such official acts may official be affected, impaired or questioned by reason of the failure of any such justice acts of. to give an official bond as required by law, are hereby legalized and confirmed.

$ 2.. Nothing herein contained shall affect any suit or proceeding now pending. Pending § 3. This act shall take effect immediately.

suits. Ante, pp. 530, 639.

CHAP 361.

Birds.

and cer

not to be

or killed between

and meadowlarks and

AN ACT for the preservation of song and small birds.

PASSED May 26, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do

enact as follows: Song birds SECTION 1. No person shall kill, wound, trap, net, snare, catch with bird

lime, or with any similar substance, or drug, or in any other manner capture tain others

or sell, expose for sale or transport, during the months of April, May, June, caught

July, August, September or October, in any year, any bird of song, or any linnet, blue-bird, yellow-hammer

, yellow-bird, thrush, wood-pecker, cat-bird, March, and pewee, swallow, martin, blue-jay, oriole, kildee, snow-bird, grass-bird, grossNovember

beak, phæbe-bird, humming-bird, black-bird, wren, excepting birds bred in a Robins cage or imported from Europe or the Southern United States. No person shall

kill or expose for sale, or have in his possession after the same has been killed,

any robin, meadow-lark, or starling, between the first day of January and the starlings. fifteenth day of October, save only when such birds are killed on the premises Excep- of the persons killing, and while they are destroying fruit. This section shall

not apply to any person who shall kill any bird for the purpose of studying its To what habits or history, or having the same stuffed and set up as a specimen. This counties act shall apply only to the counties of New York, Kings, Albany, Richmond applies.

and Rensselaer. Penalty. § 2. Any person violating this act shall be deemed guilty of a misdemeanor,

punishable by imprisonment in the county jail or penitentiary, of not less than five or more than thirty days, and shall also be liable to a penalty of fifty

dollars, to be recovered with costs, by any person suing therefor in his own Distribu- $ 3. In all actions for the recovery of penalties under this act, one-half of the tion of penalties.

recovery shall belong to the plaintiff, and the remainder shall be paid to the county treasurer of the county where the offense is committed, except if the offense be committed in the city and county of New York, then said remain

ing half penalty shall be paid to the chamberlain of said city. Repeal. § 4. All acts and parts of acts inconsistent with this act are hereby repealed.

§ 5. This act shall take effect immediately.

tions.

name.

CHAP. 4.

Super- AN ACT to amend subdivision five of section one of chapter two hunvisors.

dred and fifty-seven of the laws of eighteen hundred and seventy-six, entitled "An act to amend chapter four hundred and eighty-two of the laws of eighteen hundred and seventy-five, entitled 'An act to confer on boards of supervisors further powers of local legislation and administration, and to regulate the compensation of supervisors.

PASSED May 26, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, in

enact as follows: Amending SECTION 1. Subdivision five of section one of chapter two hundred and fifts

seven of the laws of eighteen hundred and seventy-six, is hereby amended so Laws 1876.

as to read as follows: Draw and

5. To provide for the care, maintenance, preservation and reparation of any

draw or other bridge (except on the Hudson river below Waterford, and on bridges

the East river or over the waters forming the boundaries of this State) crossing

a stream which forms at the point of crossing the dividing line of counties or and towns. of towns and the maintenance, care and preservation of which bridge is by law

ch. 257,

other

between counties

a joint charge on such counties, or on such towns, or on the towns in which such
bridge may be situated, and to severally apportion, as such board may deem equit-
able, the charge and expense for such maintenance care, preservation and repara-
tion on the towns respectively liable therefor, or on the respective counties when
liable.

S 2. This act shall take effect immediately.
Ante, pp. 156, 294.

CHAP 878.

.

Laws 1874.

Commuta

sentences.

Forfeiture

AN ACT to amend chapter four hundred and fifty-one of the State

laws of eighteen hundred and seventy-four, entitled "An prisons. act to amend the several acts in relation to State prisons.”

PASSED May 27, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section twelve of chapter four hundred and fifty-one of Amending the laws of eighteen hundred and seventy-four, entitled “ An act to ch. 451; amend the several acts in relation to State prisons,” is hereby amended so as to read as follows:

$ 12. It shall be the duty of the agent and warden of the several State prisons of this State to require of all able-bodied convicts therein tions of an equal number of faithful hours' labor during such hours as the inspector shall designate, and each convict in good faith performing such day's work, and being in all respects obedient to the rules and regulations of the prison; or, if not able to work, but is faithful and obedient, each shall be allowed two months on each of the first two years; four months on each succeeding year to the fifth year ; and five months to each remaining year of the term of his imprisonment; be comme and provided further, commutation of time earned by a convict for ation. good conduct shall be wholly forfeited up to the time he commits any of the offenses mentioned in section two of chapter four hundred and fifteen of the laws of eighteen hundred and sixty-three, or commits any other act that would amount by law to a misdemeanor; but such shall not be the effect in cases where, without any violence whatever, a rule or rules shall be broken by him, and it is clear that no willfulness or malice was intended; and the name of no convict who has escaped or attempted to escape, subsequent to the twelfth day of May, eighteen hundred and seventy-four, shall be sent to the governor for the commutation of any part of his sentence by prison officials.

S2. This act shall take effect immediately.
Ante, vol. 9, pp. 957-8.

CHAP. 377.
AN ACT in relation to telegraph companies.

Telegraph
Passed May 27, 1879 ; 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 the duty of the owner or the association To receive owning any telegraph line, doing business within this State, to receive dispatches dispatches from and for other telegraph lines and associations, and, on for other payment of their regular charges to individuals, to transmit the same with impartiality and good faith, under the penalty of one hundred

companies.

from and

lines.

dollars for every neglect or refusal so to do, to be recovered with costs of suit in the name and for the benefit of the person or persons, or association sending or desiring to send such dispatch.

§ 2. All acts and parts of acts inconsistent with this act are hereby repealed.

8.3. This act shall take effect immediately.

See 7 Abb. N. C. 151 and note ; 18 Hun, 157, as to damages for non-delivery of messages,

CHAP.879.

officersand employees.

of the Jenate.

Legislative AN ACT prescribing the officers and employees that may be

elected, appointed or employed by the senate and assembly, fixing the salary and compensation thereof, and regulating the proceedings of investigating committees, and providing for the payment of the expenses thereof.

PASSED May 27, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The senate may elect or appoint a clerk, a stenographer, a sergeant-at-arms, a postmaster, who shall also act as assistant sergeant-at-arms, an assistant postmaster, a post-office messenger, a principal doorkeeper and four assistants, one person who shall act as janitor of the senate chamber and its ante-rooms, and one assistant, seven persons to serve as clerks of committees, one of whom shall be designated to serve as clerk to the committee on finance, one to the committee on judiciary, one to the committee on cities, and the remaining four to serve, under the direction of the clerk of the senate, upon the remaining committees of the senate, and ten pages who shall be appointed for the session, by the clerk, and who shall not be under fourteen years of age, and they shall also serve, under the direction of the clerk of the senate, as messengers to committees. The president of the senate may appoint a clerk and messenger, and the clerk of the senate may appoint an assistant clerk, a journal clerk, four deputy clerks, one of whom shall act as assistant engrossing clerk, and also as clerk to the committee on engrossed bills, a librarian, and an assistant librarian, and a superintendent of documents, and three messengers, one of whom shall act as bank messenger.

§ 2. The assembly may elect or appoint a clerk, a stenographer, a serAssembly.

geant-at-arms, a postmaster, an assistant postmaster who shall also act as superintendent of the mail and express department, a post-office messenger, a superintendent of documents, a principal doorkeeper who shall also act as assistant sergeant-at-arms, and eight assistant doorkeepers, one person who shall perform the duties of janitor of the assembly chamber and its ante-rooms, and one assistant janitor, seven persons to serve as clerks of committees, one of whom shall be designated to serve as clerk to the committee on ways and means, one as clerk to the committee on judiciary, one to the committee on cities, and one as clerk to the committee on railroads, and the remaining three to serve under the direction of the clerk of the assembly, upon the remaining committees of the assembly; three general messengers, one of whom shall act as superintendent of the wrapping department, and twenty pages who shall be appointed by the clerk for the whole session, and who shall not be under fourteen years of age and shall also serve under

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