GENERAL STATUTES OF THE STATE OF NEW YORK; ALSO STATUTES RELATING TO THE CITY OF NEW YORK, PASSED AT THE 103d SESSION, 1880. CHAP. 4. AN ACT to declare the cases in which offices shall be deemed vacant. PASSED February 5, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. When a new office is created more than three months New office, prior to the next general election, the same shall be deemed vacant when to be from and after the date of the creation of the same and until the deemed same shall be filled by election or appointment. vacant. to ad § 2. Whenever more than three months prior to the next general When election provision is made for an additional incumbent of an office office then existing, such office shall be deemed vacant as to such additional vacant as incumbent from and after the time when such provision shall take ditional effect until the same shall be filled by election or appointment. § 3. This act shall apply to all new offices heretofore created, and to all cases where provision has been heretofore made for an additional all new incumbent of an office then existing. § 4. This act shall take effect immediately 113 incumbent. Applies to offices. When president, etc., to tificates of stock. CHAP. 5. AN ACT to authorize the president, treasurer and secretary of any railroad company to issue certificates of stock in certain cases after a foreclosure and sale of the property and franchises of the corporation. PASSED February 5, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The president, treasurer and secretary of any railroad company organized under the laws of this State, or either of them, issue cer- whose property and franchises have been sold under a foreclosure of any mortgage given to secure the payment of any bond or bonds issued by such company, are hereby authorized and required after such foreclosure and sale upon demand of any individual or any duly authorized officers of any corporation, town, county or city entitled thereto, to issue certificates of stock in said railroad company, provided, when any such individual or the proper officers of any corporation, county, town or city duly authorized so to do, have subscribed to the stock of such railroad company and paid the amount of such subscription to the officers of such railroad company, either in money or bonds before the date of such foreclosure and sale, and a certificate of stock through the neglect of such railroad company or of any individual or the officers of any town, county, city or corporation has not been issued and delivered to said subscriber or the officers of any corporation, town, county or city 'for the amount of money or both so subscribed and paid. Effect of certiflcates. § 2. All certificates of stock issued under the authority of the first section of this act shall have all the force and effect, and shall give the holder all the rights which would pertain thereto as if said stock had been issued at the date and payment of the subscription thereto. § 3. This act shall take effect immediately. Bond or other security may be executed by comptroller. CHAP. 8. AN ACT relating to legal proceedings in which the mayor, aldermen and commonalty of the city of New York are parties of record or in interest. PASSED February 11, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. In all actions or proceedings, in either the State or United States courts, in which the mayor, aldermen and commonalty of the city of New York, or any department thereof, shall be a party, wherever an undertaking, bond, security or stipulation is required as a condition to the obtaining of any legal remedy or process, the perfecting of an appeal or the stay of execution, or other writ in the nature thereof, such undertaking, bond or stipulation may be executed on behalf of the mayor, aldermen and commonalty of the city of New York by the comptroller of said city, upon the advice of the counsel to the corporation that the same should be executed, and in such form as he may approve; or security may be given in such manner and form as the said counsel to the corporation may advise. etc., legal § 2. Any such bond, undertaking or stipulation executed since the first Bonds, day of January, one thousand eight hundred and eighty, shall have the ized. same force and effect as if executed subsequent to the passage of this act. § 3. This act shall not affect any existing provision of law author- Not to izing municipal corporations to stay the execution of a judgment, or order appealed from without an undertaking or other security. § 4. This act shall take effect immediately. CHAP. 9. AN ACT to declare women eligible to serve as school trustees. The People of the State of New York, represented in Senate and SECTION 1. No person shall be deemed to be ineligible to serve as any school officer, or to vote at any school meeting, by reason of sex, who has the other qualifications now required by law. § 2. This act shall take effect immediately. CHAP. 12. AN ACT to amend chapter three hundred and seventeen of the laws of eighteen hundred and seventy-eight, entitled "An act to amend chapter seventy-five of the laws of eighteen hundred and seventy-eight, entitled 'An act in relation to the bonded indebtedness of villages, cities, towns and counties.' PASSED February 14, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: affect existing provisions of law. 317, laws of amended. SECTION 1. Section one of chapter three hundred and seventeen of Sec. 1 of the laws of eighteen hundred and seventy-eight, entitled "An act to chapter amend chapter seventy-five of the laws of eighteen hundred and sev- 1878, enty-eight, entitled An act in relation to the bonded indebtedness of villages, cities, towns and counties,"" is hereby amended so as to read as follows: ness may new § 1. The present bonded indebtedness of any village, city, town, Bonded indistrict of a town, or county, may be paid up or retired by the issu- debtedance of bonds of the same amount by the respective officers or boards be paid up who were authorized to issue such outstanding bonds; provided, how- by issue of ever, that such new bonds shall only be issued when the existing bonds bonds. can be retired or paid by the substitution of new bonds or by money realized thereon, in the place and stead of existing bonds, bearing a lower rate of interest than the honds so authorized to be retired or Bonds paid. All bonds taken up by new bonds, or paid under the provisions taken up of this act, shall be immediately canceled and destroyed; and a certifi- celed. to be can-i Act, how construed. cate shall be made and filed in the county clerk's office of the bonds destroyed, and, also, of the new bonds issued. This act shall not be so construed as to authorize the issue of new bonds to supersede or pay existing bonds which have been adjudged invalid by the final judgment of a competent court; and the officers and boards referred to in this act shall include the successors in office of those who originally issued the outstanding bonds. § 2. This act shall take effect immediately. Ante, p. 623. Depositing of securities by insur panies. Of what deposit may consist. CHAP. 22. AN ACT to regulate the depositing of securities by insurance companies with the superintendent of the insurance depart ment. PASSED February 20, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. In all cases where by the laws of this State any insurance company is required to deposit with the superintendent of the insurance department, stocks or bonds of the United States, or of the ance com- State of New York, as security for policy-holders, bearing not less than six per centum interest per annum, the superintendent may receive, for the purposes of such deposit, registered stocks or bonds of the United States, or of the State of New York, bearing interest at not less than four per centum per annum; provided that such stocks or bonds shall not be received at a rate above their par value. And if the market value of such stocks or bonds deposited, or offered for deposit, shall at any time be less than par, the superintendent shall redeposit to quire an additional deposit of such stocks or bonds to make the total deficiency. deposit equal in the aggregate to the sum required by law to be deposited with the superintendent. Additional supply § 2. This act shall take effect immediately. struction. CHAP. 27. Public in- AN ACT to amend chapter five hundred and fifty-five of the laws of eighteen hundred and sixty-four, entitled "An act to revise and consolidate the general acts relating to public instruction." Amending ch. 555, PASSED February 23, 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 ten of title three of chapter five hundred and Laws 1864. fifty-five of the laws of eighteen hundred and sixty-four, entitled "An act to revise and consolidate the general acts relating to public instruction," is hereby amended so as to read as follows: § 10. Whenever any school district or separate neighborhood shall have been excluded from participation in any apportionment made by Apportionthe superintendent, or by the school commissioners, by reason of its ment. having omitted to make any report required by law, or to comply with any other provision of law, or with any rule or regulation made by the superintendent under the authority of law, and it shall be shown to the superintendent that such omission was accidental or excusable, he may, upon the application of such district or neighborhood, make to it an equitable allowance; and if the apportionment was made by himself, cause it to be paid out of the contingent fund; and, if the apportionment was made by the commissioners, direct them to apportion such allowance to it, at their next annual apportionment, in addition to any apportionment to which it may then be entitled. And the superintendent may, in his discretion, upon the recommendation of the school commissioner having jurisdiction over the district in default, direct that the money so equitably apportioned shall be paid in satisfaction of teachers' wages earned by a teacher not qualified in accordance with the provisions of the law as hereinafter set forth. § 2. All acts and parts of acts inconsistent with this act are hereby repealed. 3. This act shall take effect immediately. Ante, vol. 6, p. 314. CHAP. 36. AN ACT to amend the law of evidence and practice on civil Amending and criminal trials. PASSED February 28, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: law of evidence. son of SECTION 1. Comparison of a disputed writing, with any writing Compariproved to the satisfaction of the court to be genuine, shall be per- disputed mitted to be made by witnesses in all trials and proceedings, and such writings. writings and the evidence of witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness, or otherwise, of the writing in dispute. § 2. This act shall take effect immediately. |
