ing liquors. CHAP. 472. Intoxicat- AN ACT declaratory of chapter one hundred and forty-five of the Declaratory of ch. 145, SECTION 1. Nothing contained in chapter one hundred and forty-five of the laws of eighteen hundred and seventy-nine, entitled "An act to further amend Laws 1879. chapter one hundred and seventy-five of the laws of eighteen hundred and seventy, entitled 'An act regulating the sale of intoxicating liquors,'" shall be construed to affect the provisions of chapter six hundred and forty-two of the laws of eighteen hundred and seventy-four, entitled "An act declaratory of and to amend chapter five hundred and forty-nine of the laws of eighteen hundred and seventy-three, entitled 'An act to amend an act entitled 'An act regulating the sale of intoxicating liquors,' passed April eleventh, eighteen hundred and seventy, and the act entitled 'An act to suppress intemperance and to regulate the sale of intoxicating liquors,' passed April sixteenth, eighteen hundred and fiftyseven,'" passed June twenty-third, eighteen hundred and seventy-four. § 2. This act shall take effect immediately. Ante, p. 716. CHAP. 474. roads. Street rail- AN ACT to prevent the delaying of passengers on street railroad cars, and to Obstruct. ing. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Every person who shall willfully obstruct, hinder, or delay the passage or running of any car lawfully running upon any horse or street railroad in this State, shall be deemed guilty of a misdemeanor. § 2. This act shall take effect immediately. CHAP. 478. New York. AN ACT to amend chapter one hundred and twenty-five of the laws of eighteen hundred and seventy-eight, entitled "An act relating to contracts for lighting the public lamps in the city of New York." Amending ch. 125, Laws 1878. Contracts for lighting streets, etc. PASSED June 5, 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 one of chapter one hundred and twenty-five of the laws of eighteen hundred and seventy-eight, entitled "An act relating to contracts for lighting the public lamps in the city of New York," is hereby amended so as to read as follows: § 1. The board authorized to make and enter into contracts for lighting the 2. All acts or parts of acts inconsistent with this act are hereby repealed. Ante, p. 535. 1 CHAP. 481. AN ACT to amend chapter three hundred and seventy-nine New York. of the laws of eighteen hundred and seventy-eight, entitled "An act relative to judgments entered upon forfeited recognizances in the city and county of New York." PASSED June 5, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 379, SECTION 1. Section one of chapter three hundred and seventy-nine Amending of the laws of eighteen hundred and seventy-eight, entitled "An act Laws 1878. relative to judgments entered upon forfeited recognizances in the city and county of New York," is hereby amended so as to read as follows: ments on ances. § 1. Any one of the judges presiding at the court of general ses- Vacating sions of the peace in and for the city and county of New York, and judg any justice presiding at a court of oyer and terminer in said county, in forfeited whichever court any recognizance shall be forfeited, may upon the recognizcertificate of the district attorney of the county of New York that the people of the State of New York have lost no rights by reason of the failure of a surety to produce a principal in compliance with the terms of a recognizance given by them, and that by reason of the principal being produced the said people of the State of New York are in as good a position to prosecute said principal as when such failure occurred, whether such principal has been tried or whether a nolle prosequi has been entered or not, by order vacate and set aside or modify any judgment heretofore entered, or that may be hereafter entered upon the forfeiture of such recognizance against such principal and surety, or against either and as to either, on payment to the chamberlain of the city of New York of all costs included in such judgment or judgments, and of all expenses incurred in the apprehension or recapture of such principal, and if such fine shall have been paid or judgment collected in whole or in part upon such forfeited recognizance, the court may in its discretion direct the same or any part thereof to be remitted, and the officers, district attorney, chamberlain of the city of New York, in whose hands the money remains, must pay the same, or the part remitted, according to the order, retaining the costs, if any, as aforesaid. § 2. This act shall take effect immediately. Ante, p. 643. companies. CHAP. 485. Insurance AN ACT to amend chapter four hundred and sixty-three of the laws of eighteen hundred and fifty-three, entitled "An act to provide for the incorporation of life and health insurance companies, and casualty insurance companies, and in relation to agencies of such companies." Amending ch. 463, Laws 1853. For what purposes may be inсогроrated. Limita tions on business. Declara tion filled. PASSED June 6, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter four hundred and sixty-three of the laws of eighteen hundred and fifty-three, entitled "An act to provide for the incorporation of life and health insurance companies and casualty insurance companies, and in relation to agencies of such companies," is hereby amended so as to read as follows: § 1. Any number of persons not less than thirteen in number, may associate and form an incorporation or company for any of the purposes specified in either of the following departments: First department. To make insurance upon the lives of persons, and every insurance appertaining thereto, or connected therewith, and to grant, purchase or dispose of annuities. Second department. To make any of the following kinds of insurance: First, upon the health of persons; second, against injury, disablement or death of persons resulting from traveling, or general accidents by land or water; third, guaranteeing the fidelity of persons holding places of public or private trust; fourth, upon the lives of horses, cattle and other live stock; fifth, upon plate-glass against breakage; sixth, upon steam boilers against explosion and against loss or damage to life or property resulting therefrom; seventh, against loss by burglary or theft, or both. § 2. Section two of said act is hereby amended so as to read as follows: § 2. No company organized under this act, for the purpose named in the first department, shall undertake either of the risks mentioned in the second department, and no company organized under this act for either of the purposes mentioned in the second department shall undertake any business mentioned in the first department, nor shall any such company hereafter organized undertake or do more than one of the several kinds of insurance mentioned in said second department; and no company organized under this act shall undertake any business or risk, except as herein provided; provided that nothing herein contained shall affect the business of any company heretofore duly organized under the second department of this act. §3. Section three of said act is hereby amended so as to read as follows: § 3. The persons referred to in the first section of this act shall be en to be designated as corporators, and they shall file in the office of the superintendent of the insurance department a declaration signed by each of the corporators, setting forth their intentions to form a company for the purpose or purposes named in this act, and the department under which the company is intended to be formed, which declaration shall comprise a copy of the charter they propose to adopt, and the said charter shall set forth the name of the company; the place where it is to be located; the kind of business to be undertaken and the department of the first section of this act by which such business is authorized; the mode and manner in which the corporate powers of the company are to be exercised; the manner of electing the trustees or directors and officers, a majority of whom shall be citizens of this State, and the time of such election; the manner of filling vacancies; the amount of capital to be employed; and such other particulars as may be necessary to explain and make manifest the objects and purposes of the company, and the manner in which it is to be conducted. § 4. This act shall take effect immediately. Ante, vol. 4, p. 216; vol. 6, p. 468. CHAP. 489. AN ACT to regulate the issuance of policies, and the reinsur- Fire insurance thereof, by fire insurance companies transacting ance. business in this State. PASSED June 7, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Hereafter it shall not be lawful for any fire insurance Limits as company, organized or incorporated under the laws of this State, to to risk. issue any policy or policies, on any one risk in excess of ten per centum of its paid-up capital stock and net surplus. taken by compa § 2. No fire insurance company organized under the laws of any Limits as other State shall issue any policy or policies in this State, or on risks to risks located in this State, on any one risk, in excess of ten per centum of foreign its paid-up capital stock and net surplus; and no person, partnership ! association, corporation or company of another country shall issue any policy or policies in this State, or on risks located in this State, in excess of ten per centum of the capital stock, as ascertained under the provisions of chapter eight hundred and eighty-eight of the laws of eighteen hundred and seventy-one, a statement of which has been duly filed with the insurance department of this State, and the certificate of the superintendent issued therefor. §3. It shall not be lawful for any fire insurance company organized Re-insuror incorporated under the laws of this State to reinsure any risk with ance. any person, partnership association, corporation or company which, at the date of such reinsurance, was not authorized to transact business in this State; and no person, partnership association, corporation or company organized or incorporated under the laws of any other State or country shall reinsure any risk written or located within this State, with any person, partnership association, corporation or company not admitted to transact business in this State; and it shall be the duty of the superintendent of the insurance department to require schedules of reinsurance from each person, partnership association, corporation or company transacting business in this State, whenever such person, partnership association, corporation or company files a true statement of its condition in said department. § 4 When reinsurance is made by any person, partnership associa- Reserved tion, corporation or company as provided in this act, such person, fund in repartnership association, corporation or company so reinsuring shall be insurance. Excep tions as to limits on risk. Penalty. required to hold as an unearned premium fund an amount equal to the unearned portion of the gross premiums charged on such reinsured policies, from the date of their issuance by the company thus reinsured. When any part of the risk shall be reinsured under this act the amount so reinsured shall not be included in the ten per centum to which risks are limited as herein before provided. § 5. Any fire insurance company organized or incorporated under the laws of this State, or person, partnership association, corporation or company of any other State or country vialating any of the provisions of this act, shall be subject to the payment of a penalty of five hundred dollars for each violation, which shall be sued for and recovered in the name of the people by the attorney-general, and the said penalty when recovered shall be paid into the treasury of the State. § 6. All acts or parts of acts inconsistent here with are hereby repealed. § 7. This act shall take effect immediately. Ante, p. 407; vol. 9, p. 233; vol. 4, pp. 203, 226. compa nies. CHAP. 490, Insurance AN ACT to amend section two, chapter two hundred and nine of the laws of eighteen hundred and seventy-seven, entitled "An act regulating the amount of capital stock for fire and marine insurance companies." Amending ch. 209, Laws 1877. Require PASSED June 7, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two, chapter two hundred and nine of the laws of eighteen hundred and seventy-seven, entitled "An act regulating the amount of capital stock for fire and marine insurance companies, is hereby amended so as to read as follows: § 2. Companies from other States and countries hereafter applying ments of for admission to this State shall be possessed of at least the amount of fire insur- capital required from companies organized under the laws of this State, ance com- and the total capital of such companies must be fully paid in, in cash. panies. foreign It shall be the duty of the superintendent of the insurance department § 2. This act shall take effect immediately. |
