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Chap. 387. AN ACT to amend the insurance law relating to credit guaranty

corporations. Became a law May 7, 1897, with the approval of the Governor.

Passed, a majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred and seventy-eight of chapter six hundred and ninety of the laws of eighteen hundred and ninety-two is hereby amended so as to read as follows:

§ 178. Powers of credit guaranty corporations.-Any such credit guaranty corporation shall have the right, power and authority to guaranty from loss, and to agree to pay to merchants, manufacturers, dealers and persons engaged in business and giving credit, the debt or debts owing to them, and to indemnify them from loss and to charge and receive therefor such a sum or percentum as the consideration for such agreement, guaranty and indemnity as shall be agreed upon between such corporation and the persons guaran. teed, and to buy, hold, own and take an assignment of any and all claims, accounts and demands soʻguaranteed, and to hold, own and collect the same, and to enforce the collection thereof by action the same as the original holder and owner thereof might or could do; also to insure the payment of money for personal services under contract of hiring. Any such corporation may use its capital stock or its funds accumulated in the course of its business to pur. chase or pay for any claim or demand, the payment of which it has or does guarantee; and such of its capital stock of funds as may not be so used shall be invested in the securities in which the capital and funds of insurance corporations are required by the provisions of this chapter to be invested. When an examination is made by the authority of the superintendent of insurance into the affairs of any credit guaranty corporation doing business in this state, or when such corporation renders a statement to the insurance department, there shall not be allowed as assets any investments which are not held as prescribed by law at the date of such examination or rendering such statement; but unpaid premiums on policies written within three months shall be admitted as available resources. In estimating its liabilities, there shall be charged, in addition to the capital stock and all outstanding claims, a sum

equal to the total unearned premiums on the policies in force, calculated on the gross sum without any deduction on any account, charged to the policyholders on each respective risk from the date of the issue of the policy.

§ 2. This act shall take effect immediately.

Chap 388. AN ACT to amend the fisheries, game and forest law, relating to

taking shad in the Hudson river. Became a law May 7, 1897, with the approval of the Governor.

Passed, a majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

.

Section 1, Section one hundred and thirty-six of chapter four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, the title to which was amended by chapter three hundred and ninety-five of the laws of eighteen hundred and ninety. five, to read, "An act relating to game, fish and wild animals and to the forest preserve and Adirondack park, constituting chapter thirty-one of the general laws, and to be known as the fisheries, game and forest law," as amended by chapter one hundred and fifty-four of the laws of eighteen hundred and ninety-six, is hereby amended to read as follows:

$ 136. Taking shad, herring and other fish in the Hudson and Delaware rivers, and other waters.—Except as herein provided, shad, herring and other fish shall not be taken from the Hudson and Delaware rivers or Rondout creek with nets of any kind. Between the fourteenth day of March and the fifteenth day of June shad and herring may be taken from said waters by nets to be operated by hand only; but said nets shall not be drawn vor fish taken therefrom between sunset on Friday night and sunrise on Monday morning, unless by reason of the inclemency of the weather said nets can not be drawn prior to sunset on Friday night, in which case it shall be lawful to take fish therefrom as soon as the weather will permit on Saturday, and between the first day of September and the thirtieth day of May following, bullheads, catfish, suckers, eels, pickerel, sturgeon, white and yellow perch, carp and sunfish may be caught by means of hoop-nets, fykes, dip-nets, scoop-nets, and gill-nets, in the Hudson river, Wallkill creek and in Rondout creek below the dam at Eddyville and in Wappingers creek and in the Ten Mile river in the town of Dover. Nets shall not be set or used north of the dam at Troy. Between June first and September first sturgeon may be taken in the waters of the Hudson river with sturgeon nets of not less than eleven inches mesh. Nothing in this section shall be construed to prohibit the catching of fish with hook and line in Rondout creek at any time. Whoever shall violate or attempt to violate any of the provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of fifty dollars for each violation thereof.

§ 2. This act shall take effect immediately.

Chap. 390. AN ACT to amend chapter four hundred and eighty-eight of the

laws of eighteen hundred and ninety-two, entitled “An act for the protection, preservation and propagation of birds, fish and wild animals in the state of New York and the different counties thereof,” as amended by chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five and by chapter six hundred and fifty-four of the laws of eighteen hundred and

ninety-six. Became a law May 10, 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 cnact as follows:

Section 1. Section sorty of chapter four hundred and eightyeight of the laws of eighteen hundred and ninety-two, as amended by chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five and by chapter six hundred and fifty-four of the laws of eighteen hundred and ninety-six, is hereby amended so as to read follows:

§ 40. Deer, close season.- Wild deer shall not be caught, shot at, hunted or killed except from the fifteenth day of August to the fifteenth day of November, both inclusive. No person shall kill or take alive more than two deer in any season. And in the counties of Ulster, Greene and Delaware no wild deer shall be caught, shot at, hunted or killed at any time within five years from the passage of this act. Deer may be taken alive in any part of the state at any season of the year under the direction of the

fish, game and forest commission to be placed in the deer parks belonging to the state for the purpose of breeding. The provisions of this section as to the close season shall not apply to Long Island. This section shall not be so construed as to prevent any person from reclaiming alive any deer which may have escaped from a private park or inclosure. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of one hundred dollars for each wild deer caught, shot at, hunted or killed.

§ 2. Section forty-three of chapter four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, as amended by chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five and by chapter six hundred and fifty-four of the laws of eighteen hundred and ninety-six, is hereby amended so as to read as follows:

§ 43. Traps and artificial lights.- Traps or any device whatsoever, to trap or entice deer, including salt licks, shall not be made, set or used, and deer shall not be caught, hunted or killed by aid or use thereof. No jack-light or any other artificial light shall be used in hunting or killing or attempting to kill any deer for the term of five years from and after the first day of June, eighteen hundred and ninety-seven. Whosoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

$ 3. Section forty-four of chapter four hundred and eighty-eight of the laws of eighteen hundred and ninety-two, as amended by chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five and by chapter six hundred and fifty-two of the laws of eighteen hundred and ninety-six, is hereby amended so as to read as follows:

§ 44. Hounding.- Deer shall not be hunted, pursued or killed with any dog or bitch in this state for the term of five years from the first day of June, eighteen hundred and ninetyseven. Dogs of the breed commonly used for hunting deer shall not be permitted by the owner or person harboring the same to run at large for or during the said term of five years in the forests where deer inhabit. The provisions of this section as to the close season shall not apply to Long Island. dog or bitch of the breed used for hunting deer shall be found hunt. ing, pursuing or killing any deer or running at large in the forests

Vol. I 41

If any

of this state where deer inhabit, it sball be deemed prima facie evidence of the violation of the foregoing section by the person or persons owning, using, having or harboring such dog or bitch. Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

Chap. 391.
AN ACT authorizing the state engineer and surveyor to continue

to co-operate with the director of the United States geological
survey in making a topographic survey and map of the state of

New York, and making an appropriation therefor.
Became a law May 10, 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:
Coopera- Section 1. In order to continue the execution and speedy com-
tion with
United
States au-

pletion of a topographic survey and map of this state, the state thorized. engineer and surveyor is hereby authorized to confer with the

director of the United States geological survey and to accept the co-operation of the United States with this state in the execu

tion of topographic survey and map of this state, which is hereby Details of authorized to be made; and the said state engineer and surveyor work.

shall have the power to arrange with the said director, or other authorized representative of the United States geological survey, concerning the details of said work, the method of its execution and the order in point of time in which these surveys and maps of different parts of the state shall be completed; provided that the said director of the United States geological survey shall

agree to expend on the part of the United States upon said work Maps re

a sum equal to that hereby appropriated for this purpose. In sulting from sur. arranging details heretofore referred to, the state engineer and vey.

surveyor shall, in addition to such other provisions as he may deem wise, require that the maps resulting from this survey shall be similar in general design to the West Point sheet edition of October, eighteen hundred and ninety-two, made by the United States geological survey, shall show the outlines of all counties, towns, and extensive wooded areas, as existing on the ground at the time of the execution of the survey ; the location of

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