New Capitol commissioners superin move com intendent, the warrant of the Comptroller to such persons or commissioners as are authorized by law to receive and expend the same, and to be paid as the same shall be required from time to time for materials and labor used and employed in the building of the new capitol. The New Capitol Commissioners shall within thirty days from the passage of this act, nominate and by and with the consent and approval to appoint of the Governor, appoint a Superintendent who shall be a person of tendent. large experience, and who shall have charge of the work of finishing the new capitol, the employment of the labor and the purchasing of all the materials therefor. The term of office of the present Superintendent shall terminate upon the appointment of his successor and within Governor thirty days from the passage of this act. The Governor upon specific may re- charges made and upon notice to any such commissioner, or superinmissioner tendent, may remove any such commissioner, or said superintendent or super for cause, after hearing and an opportunity given to answer such &c. charges by such commissioner or superintendent, and may in case of the removal of any such commissioner, appoint a person in his place who shall hold his office until the first day of May thereafter, unless the vacancy shall be sooner filled by appointment by the Governor, by and with the advice and consent of the Senate. In case of the removal of the Superintendent, the said New Capitol Commissioners shall, in the same manner and with the like consent and approval of the Governor Salary of appoint his successor. The salary of said Superintendent shall be ten superin thousand dollars per year. The New Capitol Commissioners are hereby directed forthwith to erect between the new Capitol building and ConWall to be gress Hall, a blank brick wall of sufficient length, thickness and height to protect the new Capitol from injury by fire, in case the Congress Hall building shall burn. tendent. erected. Governor superin tending Their dn. ties, pow ers, &c. The Governor is hereby authorized to appoint two Superintending to appoint Builders to take charge of the following buildings in process of construction, namely: The Buffalo State Asylum for the Insane, the State builders. Reformatory at Elmira, the Hudson River State Hospital for the Insane at Poughkeepsie, and the State Homoeopathic Asylum for the Insane at Middletown, to superintend the construction and completion thereof. The persons appointed under this provision shall be vested, so far as the construction of said buildings is concerned, with all the duties, powers and responsibilities heretofore imposed or conferred upon the commissioners, or managers heretofore appointed to take charge of such buildings respectively, which said commissioners and managers are hereby superseded as to the powers and duties herein referred to. And the Governor may assign either of said superintending builders Purchas to the sole charge of any of said buildings. The purchasing of the ing of a materials and all things connected with the erection of the said buildings shall be done by contract, and all contracts shall be awarded to the lowest responsible bidder, after being advertised as is now required by law for the advertising and letting of State work on the canals; and the Governor shall have power to remove either of said Superintending Builders at any time, and appoint another in his place. The salary of each of said Superintending Builders shall be eight thousand dollars per year, and he shall give his whole time and exclusive attention to the discharge of the duties of such office, and shall not have any interest in any contract in connection with the construction of said buildings or in the furnishing of any materials or labor therefor. terials, &c. Salary. PAYABLE FROM THE REPAIR TRUST FUND. cates of The sum of nineteen hundred and eighty-eight dollars and thirty- Interest six cents is hereby appropriated from the repair trust fund, to be paid on certifion the warrant of the Auditor, to pay interest due on certificates of deposit, pledged, deposit, pledged to secure the performance of contracts for the ordinary &c. repairs of the canals; and the surplus of said fund, after paying said interest, being the sum of two thousand one hundred and thirteen dollars and twenty-two cents, shall be transferred to the fund of the Erie and Champlain canals. PAYABLE FROM THE FREE SCHOOL FUND. For additional contingent fund for the Department of Public Instruc- Delin tion to pay equitable allowances to delinquent school districts, one disthousand dollars. quent tricts. Public In for travel For the Department of Public Instruction, for traveling expenses, Departwhich may be incurred in the visitation of common schools, normal ment of schools, teachers institutes, Indian schools, and other institutions under struction, the supervision of that department, pursuant to part one, chapter fifteen, ling extitle two, section eleven of the Revised Statutes, and chapter five hun- penses. dred and fifty-five, title one, section thirteen of the laws of eighteen hundred and sixty-four, five hundred dollars. PAYABLE FROM THE CANAL FUND. fund. For the general fund, from the surplus revenues of the canals, for the General current fiscal year, the sum of two hundred thousand dollars, in pursuance of section three of article seven of the Constitution, the same being a transfer of said sum of two hundred thousand dollars from the canal fund to the general fund. For the Auditor, to make his salary equal to that of last year, the Anditor, sum of fifteen hundred dollars. for salary. commis For deficiency in the appropriation for salaries, traveling expenses Canal, and clerk hire, of the Canal Commissioners, for the fiscal year ending sioners, September thirtieth, eighteen hundred and seventy-four, the sum of deficientwo thousand eight hundred and forty dollars. cy. For John D. Fay, late Canal Commissioner, for his compensation in John D. making his final report and expenses of clerical assistant, after the Fay. expiration of his term of office, the sum of three hundred dollars. counsel in trials Board, For the payment of fees of counsel and witnesses on the part of the For payState, in trials before the Canal Appraisers, and Canal Board, and ment of Board of Canal Commissioners, the sum of seven thousand dollars, fees, &c., such counsel fees and fees of witnesses on the part of the State on trial before before the Canal Board, or board of Canal Commissioners to be audited Canal by the Canal Board and paid on the warrant of the Auditor of the Canal &c. Department. The fees of said witnesses on trial before the Canal Appraisers shall be paid on a certificate of the Canal Appraisers. And one thousand dollars of the above sum shall be set apart by the Auditor and reserved for the payment of such witnesses' fees in trials before said board of Canal Appraisers. ler to and No money hereby appropriated for payment of printing bills shall be Comptrol paid until the items of each bill have been audited by the Comptroller, it printing and the work shall have been done pursuant to some proper and legal bills. authority, and if the work is not included within a contract, shall be paid for only at prices usually paid by the State for similar services. The Comptroller shall not pay out anything under the provisions of Comptrolthis act to or for the benefit of any asylum or reformatory, for the pur- prove ler to ap paying to &c., for erecting ings, &c. plans, &c., pose of erecting new buildings, or making other permanent improvebefore ments, unless the plans thereof and estimates therefor shall be first asylums, presented to and approved by him in writing; and in determining whether he will approve such plans for the expenditure of the appronew build- priations in this chapter provided for said asylums and reformatories, he shall require that they shall provide for plain, substantial work, that will involve the least possible expense consistent with proper provisions for the treatment, comfort, protection and safe-keeping of the inmates of such asylums and reformatories, and with a view of securing the most careful and economical expenditure of all moneys devoted to asylums or reformatories by this act; which said plans, after they shall have been thus approved by the Comptroller, shall not be altered without such alterations being first approved, in writing, by said Comptroller. Comptroller may visit asy and examine ac counts, &c. May ex amine witnesses. point examiner. The Comptroller is authorized at all times to visit any of said asylums or reformatories, and any part of them he may desire, and whenever he lums, &c., shall desire he shall be allowed to examine and take abstracts or copies of any or all papers, accounts or books of account of any such asylum or reformatory, in whosesoever hands they may be, and he shall have power to subpoena to attend before him any witness that he may think proper to examine as to the affairs of any of said asylums and reformatories, and for such purpose is authorized to administer oaths to and examine such witnesses; and if the Comptroller shall, from other official May ap engagements, be unable to make such visitation or examination, he shall appoint, in writing, an examiner for that purpose, who shall be vested with all the power and authority of visitation or examination as to the asylum or asylums or reformatories that the said appointment shall Examin specify, as are hereby conferred upon the Comptroller; and such examiner shall, in all cases, report to the Comptroller, in writing, what proceedings he has taken, what facts he has collected, the testimony he Comptrol has taken, and his opinion thereon. Whenever it shall, by the examination herein provided for, or otherwise, be made to appear to the unpaid Comptroller that any of the moneys by this act appropriated for the benefit of any asylum or reformatory is not being properly and economically used, he shall be authorized to withhold from such asylum or reformatory any unpaid balance of the sum for such asylum or reformatory in this act specified. ers to re port. ler may withhold balances. Expenses, The expenses of visitation and examination herein authorized shall now paid. be paid by the Comptroller out of the moneys by this act appropriated Report to to the institution so visited and examined; and the Comptroller shall legisla ture. Treasurer to deposit moneys. report to the Legislature, in detail, all proceedings had and information collected as to said asylums and reformatories, under the provisions hereof, with such other information as he can give, and such recommendation as he shall think proper to make, that will tend to improve and economize the management of such asylums and reformatories. The Treasurer shall deposit all moneys, except canal tolls and duties on salt, that shall come to his hands on account of this State, within three days after receiving the same, in such bank or banks in the city of Albany, or in the city of New York, as in the opinion of the Comptroller and Treasurer shall be secure, and pay the highest rate of interest to the State for such deposit. 3. This act shall take effect immediately. Chap. 324. AN ACT relative to moneyed corporations, other than banks, institutions for savings, and insurance companies. Passed May 5, 1874. The People of the State of New York, represented in Senate and Assembly, do enact as follows: compan make port to su ent of ment. SECTION 1. Every trust, loan, mortgage security, guaranty or indem- Trust, nity company or association, and every corporation or association loan, &c., having the power and receiving money on deposit, existing or incorpo- ies to rated under any law of this State, or any corporation or association not semi-anincorporated under the laws of this State, which receive deposits of nual remoney, or assume obligations in this State (other than banks, institu- perintend tions for savings and insurance companies), shall semi-annually make a to, Banking full report in writing of the affairs and conditions of such corporation, Depart at the close of business, on the last business days of June and December in each year, to the Superintendent of the Banking Department, verified by oath, in such form and by such officers of the said corporation as the said Superintendent may designate, which report shall be in To be in place of any report which any such corporation may now be required place of to make to the Supreme Court, the Comptroller, or otherwise. Every Supreme 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, When to returns and information, as to the affairs, business, condition and be made, resources of such corporation, as the said Superintendent may from to contime to time prescribe or require. And the said Superintendent may, if he be of opinion that it is desirable, require that a like report, either Superinwholly or in part, as to the particulars aforesaid, be made to him at tendent any time, by any such corporation aforesaid, within such period as he quire remay designate. report to Court. and what tain. may re port at any time. may pub 2. The said Superintendent may at any time, if he deem it to be superinexpedient, cause any such statement, or any statement or report which tendent may be made to him under the provisions of this act, or any part or lish reany abstract thereof, to be published in the State paper for at least port. three times, the expense of which shall be paid by the corporation to whose affairs such report may relate. said cor minister 3. It shall be the duty of the said Superintendent yearly, either Superinpersonally or by some competent person or persons, to be appointed tendent to by him, to visit and examine every corporation required by this act to examine report as aforesaid. The said Superintendent and every such exam- porations. iner shall have power to administer an oath to any person whose testi- May admony may be required on any such examination, and to compel the oaths. appearance and attendance of any such person for the purpose of such May compel atexamination, by summons, subpoena or attachment, in the manner now tendance authorized in respect to the attendance of persons as witnesses in the of witcourts of record of this State; and all books and papers which it may be deemed necessary to examine by the Superintendent or the exami- Books, ner or examiners so appointed shall be produced, and their production tod produced. may be compelled in the like manner. The expense of every such ex- Expenses. amination shall be paid by the corporation examined to such amount as the Superintendent shall determine. Whenever such examination shall No charge be made by the Superintendent personally, or by one or more of the except acregular clerks in his department, no charge shall be made on such penses. examination, but for necessary traveling and other actual expenses. nesses. tual ex What inquiry to be made. Superintendent may order the dis continn legal or unsafe &c. 4. On every such examination inquiry shall be made as to the condi tion 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, and 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 any examination made by him, or from the report of any examination made to him, that any corporation has committed a violation of its charter or of law, ance of il. Or is conducting business in an unsafe or unauthorized manner, he shall, by an order under his hand and seal of office, addressed to such corporapractices, tion, 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 neglect to make such report as is hereinbefore required, To report or to comply with any such order as aforesaid; or whenever it shall Attorney. appear to the Superintendent that it is unsafe or inexpedient for any General. corporation to continue to transact business, he shall communicate the facts to the Attorney-General, who shall thereupon be authorized to institute such proceedings against any such corporations as are now or may hereafter be provided for by laws in the case of insolvent corporations, or such other proceedings as the nature of the case may require. facts to Corporation receiving superin tendent. thereof. istered. held. 6. Every corporation, whether chartered by this State, or any other State or country, engaged in receiving deposits of money in trust in deposits this State, and required to make a report as to its affairs under this act, in trust to in case it shall not have already done so, shall within six months from assign stocks to the passage of this act, and from time to time thereafter, if need be, transfer and assign to the said Superintendent registered public stocks of the United States, or of the State of New York, or of any incorporated Amount city of this State authorized by the Legislature, to the amount in value (and to be at all times so maintained by said corporation) of ten per cent. on the paid-up capital stock of said corporation, now or at any time hereHow reg after, but not less in any case than fifty thousand dollars, which stocks must be registered in the name of the said Superintendent officially, as How to be held in trust under and pursuant to this act, and the same shall be held by the said Superintendent in trust, as security for the depositors with, and creditors of, said corporation, and subject to sale and transfer, and to the disposal of the proceeds by the said Superintendent, only on the order of any court of competent jurisdiction, and until the order of such court authorizing such sale, or transfer, or otherwise, to the contrary, the said Superintendent shall pay over to such corporation the interest which may be received on the said securities, or he may authorize the said corporation to collect and receive the same for its own benefit. Should any company at any time have deposited with the Superintendent more than the amount hereby required, such excess may be Deposit refunded. With the approval of the Superintendent such deposit may be made by any company either wholly or in part in bonds and mortgages satisfactory to the said Superintendent, on improved unincumbered productive real estate in this State, worth at least twice the amount loaned thereon; and all the provisions of this section shall apply to such deposit. Interest thereon. may be of bonds and mortgages. If foreign tion does 7. In case any corporation doing business in this State not chartered corpora under the authority of this State shall refuse or neglect to make the not make deposit with the said Superintendent hereinbefore required, the fact fact to be shall be reported by the said Superintendent to the Attorney-General deposit, |