one hundred and forty, one hundred and forty-one and one hundred and forty-two, respectively. § 28. This act shall take effect on the first day of January in the year eighteen hundred and ninety-eight. Chap. 380. AN ACT to provide for boards of supervisors in counties wholly Became a law May 6, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and supervis Section 1. In every county of the state wholly included within Board of the limits of a city but not comprising the whole of such city, there ors. shall be a board of supervisors to be composed of the members of the municipal assembly, board of aldermen, common council or other legislative body of such city who shall be elected as such and also as supervisors within the territorial limits of the county. canvassers, § 2. Every such board of supervisors may act as a board of County county canvassers, and shall, in case the county be entitled to more than one member of assembly, have the power of dividing the Division of county into assembly districts as provided by section five of article assembly three of the constitution. County into districts. of local §3. Every such board of supervisors shall have no other or fur- No power ther powers of local legislation or administration, and shall have no legislation, power to incur any debt. etc. sation. § 4. The members of every such board of supervisors shall serve Compenas such without compensation and without other or further compensation than is received by them as members of the municipal assembly, board of aldermen, common council or other legislative body of the city within which the county is included. office. § 5. The term of office of each member of every such board of Term of supervisors shall be co-extensive with and no longer than his term of office as member of said municipal assembly, board of aldermen, common council or other legislative body of the city within which the county is located. § 6. All acts and parts of acts heretofore passed by the legisla. Repeal. ture which are in any respect in conflict or inconsistent with the provisions hereof or any of them, are hereby repealed. Boards abolished. Rights, etc., abro gated. When takes effect. § 7. Each and every board of supervisors in existence prior to January first, eighteen hundred and ninety-eight, in any county of the state falling within the provisions of section one of this act, shall from and after said January first, eighteen hundred and ninety-eight, be abolished; and all the rights, powers and duties which by law were vested in any such board of supervisors prior to said January first, eighteen hundred and ninety-eight, are hereby wholly abrogated except as herein provided. § 8. This act shall take effect immediately save as otherwise herein provided. Contracts, etc., creat olies, etc., void. Chap. 383. AN ACT to prevent monopolies in articles or commodities of Became a law May 7, 1897, with the approval of the Governor. The People of the State of New York, represented in Senate and. Section 1. Every contract, agreement, arrangement or combinaing monop- tion whereby a monopoly in the manufacture, production or sale illegal and in this state of any article or commodity of common use is or may be created, established or maintained, or whereby competition in this state in the supply or price of any such article or commodity is or may be restrained or prevented, or whereby for the purpose of creating, establishing or maintaining a monopoly within this state of the manufacture, production or sale of any such article or commodity, the free pursuit in this state of any lawful business, trade or occupation is or may be restricted or prevented, is hereby declared to be against public policy, illegal and void. Penalties for viola provisions. § 2. Every person or corporation, or any officer or agent thereof, tions of who shall make or attempt to make or enter into any such contract, agreement, arrangement or combination, or who within this state. shall do any act pursuant thereto, or in toward or for the consummation thereof, wherever the same may have been made, is guilty of a misdemeanor, and on conviction thereof shall, if a natural person, be punished by a fine not exceeding five thousand dollars, or by imprisonment for not longer than one year, or by both such fine and imprisonment; and if a corporation, by a fine of not exceeding five thousand dollars. and pro ceedingsby general. § 3. The attorney-general may bring an action in the name and Actions in behalf of the people of the state against any person, trustee, attorneydirector, manager, or other officer or agent of a corporation, or against a corporation, foreign or domestic, to restrain and prevent the doing in this state of any act herein declared to be illegal, or any act in, toward or for the making or consummation of any contract, agreement, arrangement or combination herein prohibited, wherever the same may have been made. tion of civil § 4. The provisions of article one of title three of chapter nine Applicaof the code of civil procedure relating to the application for an code. order for the examination of witnesses before the commencement of an action and the conduct of such examination shall apply, so far as practicable, to an action or proceeding by the attorneygeneral instituted pursuant to this chapter; and for the purpose of determining whether an action or a proceeding should be commenced hereunder, the attorney-general may examine and procure the testimony of witnesses in the manner herein prescribed. for secur mony. § 5. Whenever the attorney-general deems it necessary or proper Procedure to procure testimony before beginning any action or proceeding ing testiunder this chapter, he may present to any justice of the supreme court, an application in writing for an order directing such persons as the attorney-general may require to appear before a justice of the supreme court, or a referee designated in such order, and answer such relevant and material questions as may be put to them, concerning any alleged illegal contract, arrangement, agreement or combination, in violation of this chapter, if it appears to the satisfaction of the justice of the supreme court to whom the application for the order is made that such an order is necessary, then such order shall be granted. Such order shall be granted without notice, unless notice is required to be given by the justice of the supreme court to whom the application is made, in which event an order to show cause why such application should not be granted shall be made containing such preliminary injunction or stay as may appear to said justice to be proper or expedient, and shall specify the time when and place where the witnesses are required to appear and such examination shall be held either in the city of Albany or in the judicial district in which the witness resides or in which the principal office within this state of the corporation affected is located. The justice or referee may adjourn such examination from time to time and witnesses must attend accordingly. Order for examination. Testimony of witness. Powers and duties of referee. Repeal. § 6. The order for such examination must be signed by the jus tice making it and the service of a copy thereof, with an endorsement by the attorney-general signed by him, to the effect that the person named therein is required to appear and be examined at the time and place, and before the justice or referee specified in such endorsement, shall be sufficient notice for the attendance of witnesses. Such endorsement may contain a clause requiring such person to produce on such examination all books, papers and documents in his possession, or under his control, relating to the subject of such examination. The order shall be served upon the person named in the endorsement aforesaid, by showing him the original order, and delivering to and leaving with him, at the same time, a copy thereof endorsed as above provided, and by paying or tendering to him the fee allowed by law to witnesses subpoenaed to attend trials of civil actions in a court of record in this state. § 7. The testimony of each witness must be subscribed by him, and all testimony taken by such justice or referee appointed must be certified and delivered to the attorney-general at the close of the examination. The testimony given by a witness in a proceeding or examination under this act shall not be given in evidence against him in any criminal action or proceeding, nor shall any criminal action or proceeding be brought against such witness on account of the testimony so given by him, nor shall any person be excused from answering any questions that may be put to him on the ground that it may tend to convict him of a violation of the provisions of this act. § 8. A referee appointed as provided in this act possesses all the powers and is subject to all the duties of a referee appointed under section ten hundred and eighteen of the code of civil procedure, so far as practicable, and may punish for contempt a witness duly served as prescribed in this act for non-attendance or refusal to be sworn or to testify, or to produce books, papers and documents according to the direction of the endorsement aforesaid, in the same manner, and to the same extent as a referee appointed to hear, try and determine an issue of fact or of law. § 9. Chapter seven hundred and sixteen of the laws of eighteen hundred and ninety-three and chapter two hundred and sixty-seven of the laws of eighteen hundred and ninety-six, are hereby repealed. § 10. This act shall take effect immediately. Chap. 384. AN ACT to amend the stock corporation law, relating to annual reports and liabilities of officers, directors and stockholders of foreign stock corporations. Became a law May 7, 1897, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section seven of chapter five hundred and sixty-four of the laws of eighteen hundred and ninety, entitled "An act in relation to stock corporations, constituting chapter thirty-six of the general laws," as amended by chapter six hundred and eightyeight of the laws of eighteen hundred and ninety-two, is hereby amended to read as follows: § 7. Combinations abolished.-No domestic stock corporation and no foreign corporation doing business in this state shall combine with any other corporation or person for the creation of a monopoly or the unlawful restraint of trade or for the prevention of competition in any necessary of life. § 2. Section thirty of article two of such act is hereby amended to read as follows: § 30. Annual report.-Every domestic stock corporation and every foreign stock corporation doing business within this state, except moneyed and railroad corporations, shall annually, during the month of January, or, if doing business without the United States, before the first day of May, make a report as of the first day of January, which shall state : 1. The amount of its capital stock, and the proportion actually issued. 2. The amount of its debts or an amount which they do not then exceed. 3. The amount of its assets or an amount which its assets at least equal. Such report shall be signed by a majority of its directors, and verified by the oath of the president or vice-president and treasurer or secretary, and filed in the office of the secretary of state, and in the office of the county clerk of the county within this state where its principal business office may be located. If such report is not so made and filed, all the directors of the corporation shall jointly Vol. I 40 |