224 Penalty for failure to give payment boud for of premi ums, etc. citis and to treasur by. Penalty for meg. seventy-six, entitled "An act to require the payment of certain pre- § 3. Every person who shall effect, agree to effect, promise or procure any insurance specified in the preceding sections of this act, without having executed and delivered the bond required by the preceding section, shall for each offense forfeit two hundred dollars, for the use and benefit of the fire department of such city or village, such penalty of two hundred dollars shall be collected by and in the name of the fire department of the city or village in which the property insured or agreed to be insured is situated, and the treasurer or chief Financial financial officer of any city or incorporated village, having no incorpoofficers of rated fireman's relief or benevolent society, receiving any money under villages, the provisions of chapter four hundred and sixty-five of the laws of payments eighteen hundred and seventy-five, as amended by chapter three huners of fire dred and fifty-nine of the laws of eighteen hundred and seventy-six, companies shall on or before the fifteenth day of November, in each year, apportion and pay over all such moneys so received to the treasurers of the several fire companies as are duly recognized by the common council or trustees of such city or village. And if he shall neglect or refuse to perform any or all of the duties required by this act, he shall be subject to a penalty of two hundred dollars for such neglect or refusal; and the foreman of any fire company shall be entitled to, and may maintain an action and sue for, in the name of and for the benefit of such fire company, any of the proportion of penalties prescribed by this act; and premiums or penalties to which such company may be entitled under chapter four hundred and sixty-five of the laws of eighteen hundred and seventy-five, as amended by chapter three hundred and fifty-nine of the laws of eighteen hundred and seventy-six. Proviso. But no action shall be maintained, or recovery be had, in any court of this State, for or on account of any such offense heretofore happening; nor shall any such court have power or authority to render judgment for or on account of any such offense heretofore happening, when such agent shall have paid to the party entitled to the same the premium required to be paid by section one of this act, as amended by section one of chapter three hundred and fifty-nine of the laws of eighteen hundred and seventy-six. lect to per form du ties. Foremen of fire compa nies may maintain actions, etc. State title to lands § 2. This act shall take effect immediately. Chap. 154. AN ACT to release the interest of the people of the State of PASSED April 8, 1879; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. All the right, title and interest of the people of the State released. of New York in and to the lands in the county of Westchester, of which Esther Freund, wife of John C. Freund, became possessed while an alien, is hereby released to the said Esther Freund, her heirs and assigns forever; and any deed of the said lands hereafter made by said Esther Freund shall have and be of the same force and effect as though she had been a citizen of the United States at the time she acquired title to the said lands. §2. Nothing herein contained shall be construed to impair or affect Proviso. the rights of any other devisee, heir, or any purchaser or creditor by mortgage, judgment or otherwise. § 3. This act shall take effect immediately. Chap. 155. AN ACT to release to Elizabeth D. Spicer all the personal property of which Ann S. Cogburn, lately her sister, died seized and possessed. PASSED April 8, 1879; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: al proper ed. SECTION 1. All the right, title and interest of the people of the State State title of New York in and to all person l property belonging to and owned personby Ann S. Cogburn at the time of her decease, and in the hands of ty releasThomas Newman, administrator of the goods, chattels and credits of James N. Cogburn, deceased, lately the husband of said Ann S. Cogburn, at the time of the accounting and final settlement by said Newman, as administrator of James N. Cogburn, deceased, before the surrogate of Albany county, are hereby granted and released to the said. Elizabeth D. Spicer herein before mentioned. § 2. Nothing in this act contained shall be construed to impair or Proviso. affect the right in said personal property of any heir-at-law, devisee, purchaser, or creditor by judgment, mortgage or otherwise. § 3. This act shall take effect immediately. Chap. 156. AN ACT to authorize the consolidation of the Jamaica, PASSED April 9, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The Jamaica, Woodhaven and Brooklyn Railroad Com- Consolipany shall have the power to consolidate with the Jamaica and Brooklyn dation. Plankroad Company, on such terms as shall be agreed upon and approved by not less than sixty per centum of the stock of each of said companies, and after such consolidation is made shall be known as Corporate the Jamaica and Brooklyn Road Company, and under that name shall name and enjoy all the powers, privileges and exemptions of both companies powers. to use of Proviso as until the expiration of the charter of said railroad company. But nothing in this act contained shall be construed to permit the use of steam upon said road. steam. General powers, privileg es, etc. § 2. The said companies, after such consolidation is made, shall possess and enjoy all the general powers, privileges and exemptions as now provided by law, saving and excepting where the same are contrary to the provisions of this act. §3. This act shall take effect immediately. Common ascertain floating debt of city, etc. Chap. 157. AN ACT supplementary to and explanatory of chapter fifty-three of the laws of eighteen hundred and seventynine, entitled "An act to revise the charter of the city of Auburn." PASSED April 10, 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 eight of chapter fifty-four of the laws of eighteen hundred and seventy-nine is hereby amended so as to read as follows: § 8. The common council of said city shall on or before the fifteenth Council to day of April, eighteen hundred and seventy-nine, ascertain the amount of the floating debt of said city which has accumulated prior to the eleventh day of March in said year, including the amount due to the board of education for moneys collected by said city and not paid to said board of education, and the amount necessary for the current expenses of said city from the said eleventh day of March to the first day of August, in said year eighteen hundred and seventy-nine, and are hereby authorized and empowered to cause the bonds of said city of Auburn to an amount not exceeding thirty thousand dollars, bearing interest not exceeding six per cent per annum, to be issued for the sole purpose of paying said floating indebtedness, the moneys due the board of education and the current expenses of said city for the term named. Form of Said bonds shall bear even date, and be executed in such form, manner bonds,etc. and amounts as the common council may direct, with interest payable Issue of bonds for payment thereof. When annually or semi-annually, and shall be sold at not less than their par value at public auction in said city, upon five days' previous notice of the time and place of such sale by advertisement in two daily papers published in said city. One-third of the amount of said bonds shall payable. be payable in five years; one-third in ten years, and the remaining Payment one-third in fifteen years from their date. The said common council and prin may include in the annual city tax the interest becoming due on said bonds in each year, and shall add the amount of the principal of said bonds to the annual city tax in the years when they respectively become due and payable. of interest cipal. § 2. This act shall take effect immediately. Chap. 158. AN ACT in relation to the payment of certain taxes in the county of Monroe. PASSED April 10, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: liens on of parts of. SECTION 1. Whenever any tax levied by the board of supervisors of Taxes Monroe county shall be a lien on any land, the owner of a part of such lands, land, not owning the other part thereof, may discharge the lien on his payment part by paying such a portion of the entire tax and of all lawful charges as the assessors, respectively, of the town or city in which such land may lie, shall certify to be just; provided that at the time of such pay- Proviso. ment there shall be filed in the office of the county treasurer a certificate, signed by the assessors of the city or town, as the case may be, stating what is a just portion of the entire tax and charges to be paid by the said owner of a part of the land, and describing such part. § 2. This act shall take effect immediately. Chap. 159. AN ACT further to amend chapter four hundred and thirtysix of the laws of eighteen hundred and seventy-seven, entitled "An act in relation to county treasurers." PASSED April 10, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follmos: SECTION 1. Section ten of chapter four hundred and thirty-six of the laws of eighteen hundred and seventy-seven, entitled "An act in relation to county treasurers," is hereby further amended so as to read as follows: § 10. Nothing herein contained shall apply to the counties of Sullivan, Putnam, Greene, Monroe, Onondaga, Columbia, Seneca, Essex, Delaware, Queens, Chautauqua, and Alleganey.* § 2. This act shall take effect immediately. Chap. 160. AN ACT to amend chapter one hundred and forty of the laws of eighteen hundred and seventy-seven, entitled "An act to amend an act for the incorporation of the Horseheads Fire Department." PASSED April 10, 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 six of an act entitled "An act to amend an act entitled 'An act for the incorporation of the Horseheads Fire Depart So in the original. Fire companies. Title of act ainended. Examination of compa nies by superin Officers to facili ment," passed April fourteenth, eighteen hundred and seventy-seven, is hereby amended so as to read as follows: § 6. The fire companies aforesaid shall consist of at least fifteen persons each, and the members of said companies which shall not contain said number shall not be members of this corporatio, except that, if any company shall be reduced below said number, the same shall not be disbanded nor forfeit any of its rights or privileges under this act; provided its said full number shall be filled within sixty days after said company shall be required so to do by the said board of trustees. § 2. This act shall take effect immediately. Chap. 161. 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 in relation to agencies of such companies." PASSED April 15, 1879. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The title 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 in relation to agencies of such companies," is hereby amended so as to read as follows: "An act to provide for the incorporation of life and health insurance companies, and casualty insurance companies, and in relation to agencies for such companies.' § 2. Section seventeen of said chapter four hundred and sixty-three of the laws of eighteen hundred and fifty-three, is hereby amended so as to read as follows: §17. It shall be the duty of the superintendent of the insurance department, whenever he shall have good reason to suspect the correctness of any annual statement, or that the affairs of any company, tendent. required by law to make such statement, are in an unsound condition, to cause an examination to be made, for the purposes named in this act, into the affairs of any such insurance company, or any insurance company doing business by its agencies in this State; and it shall be the duty of the officers or agents of any insurance company, incorpoand agts, rated or doing business in this State, to cause their books, and the books of such companies, to be opened for the inspection of the said superintendent and the person or persons appointed by him to make such examination, and otherwise to facilitate such examination, so far as it may be in their power so to do; and for that purpose the said superintendent, or the person or persons so appointed by him, shall have power to examine, under oath, the officers and agents of any Publica company relative to the business of such company; and whenever the tion of said superintendent shall deem it for the interest of the public so to do, he shall publish the result of such investigation in the State paper. tate. May be examined under oath. result. |