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And to renew them.
York, with such sureties as the said treasurer shall approve, that he will annually render to the said treasurer, on the first day of February, in each year, a just and true account, verified by his oath, of all such premiums, which, during the year ending on the first day of September, preceding, shall have been received by him, or by any person for him, or which shall have been agreed to be paid for any such insurance effected, or agreed to be effected, or promised by bim, and that he will annually, on the first day of February in each year, pay to the said treasurer two dollars upon every hundred dollars, and at that rate upon the amount of such premiums.
$ 4. Whenever, by reason of the failure of the sureties, or either of them, or for any other cause, an undertaking given under the last preceding section, shall or may be deemed insuflicient by the said treasurer to secure a return of the account and the payment of the duty aforesaid, or either of them, the said treasurer, at his election, but not oftener than once in each year, may require such undertaking to be re
newed. Penalty for S 5. Every person who shall effect, agree to effect, promise
or procure any insurance mentioned in the first four sections of the said act as hereby amended, without having executed and delivered the undertaking required by the third section of said act as hereby amended, shall, for each offence, forfeit one thousand dollars, for the use of the said fire department; and every person who shall have been required by the said treasurer to renew his undertaking, pursuant to the fourth section of said act as hereby amended, who shall effect, agree to effect, promise or procure any such insurance, without having executed and delivered the renewed undertaking, required by said last mentioned fourth section, shall for each offence forfeit one thousand dollars, for the use of the said
fire department. Demand for S 6. It shall be lawful for the said treasurer of the fire de
partment, on or after the first day of February in each year, by written or printed demand, signed by him, to require from every person who shall act in the city and county of New York, as agent, as aforesaid, the account provided for in the second section of said act, as hereby amended, and payment of the duty provided for in the first section thereof; such demand may be delivered personally to such agent, or at his office or place of business to any person having charge thereof, or at his residence to any person of suitable age. And every such agent who shall, for ten days after such demand, neglect to render the account or to pay the duty demanded, or either of them, shall forfeit fifty dollars, for the use of the said fire department; and he shall also forfeit for their use twentyfive dollars in addition for every day that he shall so neglect after the expiration of said ten days, and such additional pen
alty may be computed and recovered up to the time of the trial of any suit for the recovery thereof.
$ 7. Every person who shall act in the city and county of To report New York, as agent, as aforesaid, shall, on the first day of place. February, in each year, or within ten days thereafter, and as often in each year as he shall change his place of business in the said city, report in writing, under his proper signature, to the comptroller of the state, and also to the treasurer of the said fire department, the street and the number thereof in the said city, of his place of business as such agent, designating in such report the individual or individuals and association or associations for which he shall be such agent. And in case of default in any of these particulars, such person shall forfeit, for every offence, the sum of one thousand dollars, for the use of the said fire department.
S 8. The duty provided to be paid by the first section of Duties and said act as hereby amended, the damage for any breach of the may be sued undertakings, or either of them, provided for in the third and fourth sections thereof, and the pecuniary penalties imposed by said act as hereby amended, or any or either of them, may be sued for and recovered, with costs of suit, in any court of record within this state, by the fire department of the city of New York, in their own name and for their own use.
$9. The defendant in any action to be brought for the Defendant recovery of any penalty incurred, or any duty or sum of reste de ar money payable under said act, as hereby amended, may be arrested, if he is not a resident of this state, or is about to remove therefrom. An order for the arrest of the defendant must be obtained from a judge of the court in which the action is brought, or from a county judge. The order shall be made when it shall appear to the judge by affidavit, that a sufficient cause of action exists under said act, as hereby amended, and that the defendant is not a resident of this state, or is about to remove therefrom.
$ 10. The provisions of chapter one of title seven, of an Code made act entitled "An act to amend the act entitled "An act entitled to simplify and abridge the practice, pleading and proceedings of the courts of this state,' passed April twelfth, eighteen hundred and forty-eight," passed April eleventh, eighteen hundred and forty-nine, and which chapter is entitled “Arrest and bail,” from and including section one hundred and eighty-two to the end of said chapter, shall apply to any arrest under the ninth section of said act, as hereby amended, and to the proceedings thereupon.
$ 2. The repeal, by the first section of this act, shall not Effect of roaffect any prosecution or action commenced, or penalty, duty or liability incurred, or cause of action accrued prior to the passage of this act, but every such action or prosecution may lawfully proceed, and every such penalty, duty or liability may be demanded and recovered as if the sections one, two,
three and four, repealed as aforesaid, had remained in full force.
Name of office.
PASSED April 15, 1859; three-fifths being present.
and Assembly, do enact as follows: Department $ 1. There is hereby established a separate and distinct
department, which shall be charged with the execution of the laws heretofore passed or that may be hereafter passed in relation to insurance.
$ 2. The chief officer of said department shall be denominated the superintendent of the insurance department. He
shall be appointed by the governor, by and with the advice Salary. of the senate, and shall hold his office for the term of three
years. He shall receive an annual salary of two thousand five hundred dollars, to be paid quarterly. He shall employ, from time to time, the necessary clerks to discharge such duty as he shall 'assign them, whose compensation shall be paid to them monthly on his certificate, and upon the warrant of the comptroller. He shall appoint one of the said clerks to be his deputy, who shall possess the powers and perform the duties attached by law to the office of principal during a vacancy in such office and during the absence or inability of his principal. Within fifteen days from the time of notice of their appointment, respectively, the superintendent and his deputy shall take and subscribe the oath of office prescribed by the constitution and file the same in the office of the secretary of state, and the said officers shall be, in all respects, subject to the provisions of the sixth title of chapter five of the first part of the Revised Statutes, so far as the same may be applicable; and the said superintendent of the insurance department shall give to the people of the state of New York a bond, in the penalty of ten thousand dollars, with two sureties, to be approved of by the comptroller, conditioned for the faithful discharge of the duties of his office; and the said superintendent shall not, either directly or indirectly, be interested in any insurance company.
Amended, see Laws of 1861, ch. 326.
$ 3. The superintendent of the insurance department shall dent. possess all the powers, perform all the duties, and be sub
jected to all the obligations and penalties now conferred by law upon the comptroller of this state, or to which the comptroller is subject in relation to insurance companies and the formation thereof, under the laws relating thereto, so that every power and duty thereby conferred on the comptroller,
Powers of superinten
shall, from and after the appointment of such superintendent, be transferred to and conferred upon the said superintendent. In addition to the requirements of the Laws of eighteen hun- Annual dred and fifty-three, relating to the annual reports relative to insurance, the superintendent shall be required to report the names and compensation of the clerks employed by him, and the whole amount of expenses of the department during the year, such report shall be made by or before the first day of March, and fifteen hundred copies for the use of the superintendent and the usual number of copies for the use of the legislature shall be printed by the printer employed to print legislative documents.
$ 4. The said superintendent, with the approval of the gov- Seal. ernor, shall devise a seal, with suitable inscriptions, for his office, a description of which, with a certificate of approval by the governor, shall be filed in the office of the secretary of the state, with an impression thereof, which seal shall thereupon be and become the seal of office of the superintendent of the insurance department, and the same may be renewed whenever necessary. Every certificate, assignment or conveyance Certificate executed by the said superintendent in pursuance of any dence. authority conferred on him by law, and sealed with his said seal of office, shall be received as evidence, and may be recorded in the proper recording offices in the same manner and with the like effect as a deed regularly acknowledged or proved before an officer authorized by law to take the proof or acknowledgment of deeds; and all copies of papers in the office of the said superintendent, certified by him and authenticated by the said seal, shall in all cases be evidence equally and in like manner as the original. An impression of said seal directly on paper, shall be as valid as if made on a wafer or wax. S 5. All books, papers and documents, securities, stocks, Books,
., bonds and mortgages, and all other papers whatever in the to be transcomptroller's office and in the office of the secretary of state, relating to the business of insurance shall, on demand, be delivered and transferred to the superintendent of the insurance department, and be and remain in his charge and custody.
$ 6. There shall be assigned to the said superintendent, by Office for the trustees of the state hall, suitable rooms therein for con- ment. ducting the business of said department, and the said superintendent shall from time to time furnish the necessary furniture, stationery, fuel, lights, and other proper conveniences for the transaction of the said business, the expenses of which shall be paid on the certificate of the superintendent and the warrant of the comptroller.
$ 7. There shall be paid by every company, association, Insurance person or persons, or agent, to whom this act shall apply, the to pay, &c. following fees towards paying the expenses of executing this act : For filing the declaration now required by law, or the
certified copy of a charter also now required, the sum of thirty dollars; for filing the annual statement now required, twenty dollars; for every certificate of agency and copy of statement, three dollars; for every copy of paper filed in his office, the sum of ten cents per folio, and for affixing the seal of said office to such copy, and certifying the same, one dollar. In case the expenses of said department shall exceed the amount of fees collected under this act, and paid into the state treasury (exclusive of the tax upon marine premiums), the excess of such expenses shall be annually assessed by the superintendent pro rata upon all the stock insurance companies of this state; and the said superintendent is hereby empowered to collect such assessments and pay the same into the state treasury.
S 8. All laws or parts of laws inconsistent with this act are hereby repealed.
the incorporation of life and health insurance companies,
Passed April 12, 1860. The People of the State of New York, represented in Senate and Assembly, do enact as follows: [Sec. 1 amends sec. 6 of the Laws of 1853, ch. 463.) (Sec. 2 amends sec. 8 of the same act.]
S 3. Any company organized under the acts to wbich this is an amendment having first obtained the consent of the superintendent of the insurance department thereto in writing may by a vote of a majority of their directors, accept the provisions of this act or any of them and amend their charter to conform with the same.
Existing companies may re-organize.
PASSED March 27, 1861. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
$ 1. Any and all insurance companies, incorporated under the provisions of the act entitled “An act to provide for the incorporation of insurance companies,” passed April tenth,
May take risks on lakes, riv. ers and canals.