every offense the sum of one thousand dollars for the use of the said fire department. [Laws of 1849, chap. 178, § 4; as amended by Laws of 1857, chap. 548, § 1, sub. 7.] S 20. The duty provided to be paid by the first section of said act as hereby amended, the damages for any breach of the 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. [Laws of 1857, chap. 548, § 1, sub. 8.] dent de may be arrested. An order Order to be obtained. $ 21. The defendant in any action to be brought Non-resifor the recovery of any penalty incurred or any duty fendant or sum of 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. 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. [Laws of 1857, chap. 548, § 1, sub. 9.] S22. The provisions of chapter one of title seven of an act entitled "An act to amend the act entitled 'An act entitled to simplify and abridge the practice, pleadings and proceedings of the courts of this State,' passed April twelfth, eighteen hundred and fortyeight," passed April eleventh, eighteen hundred and forty-nine, and which chapter is entitled "Arrest and bail," from and including section one hundred Certain of the Code provisions to apply to arrest un der preced ing section. Repeal by first section certain prosecutions or penalties. 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. [Laws of 1857, chap. 548, § 1, sub. 10.] S23. The repeal by the first section of this act not to affect shall not affect 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. [Laws of 1857, chap. 548, § 2.] Sections 1, 2 and 3 to apply to every city $ 24. Sections one, two and three of this act shall apply to every city or incorporated village in this and village. State where a treasurer of a fire department exists, and where no officer is known by the laws of such city or village, the treasurer of such city or incorporated village shall exercise all the powers and perform all the duties, for the purposes of this act, of the treasurer of the fire department of the city of New York, as far as relates to the city or village of which he is treasurer; and he shall, under the direction of the common council of the city or the trustees of the village, pay over all moneys received or recovered under the first, second and third sections of this act, to the fire department of such city or incorporated village; provided, however, that the penalty of the bond required by the second section of this act shall not exceed the sum of five hundred dollars, when taken by the person authorized to receive it by this section, and that the penalty imposed by the third section of this act shall not exceed the sum of two hundred dollars in any city or village of this State, excepting the city of New York. [Laws of 1849, chap. 178, § 5.] Proviso. Miscellaneous Provisions relating to Insurance SECTION 1. Provisions as to members of mutual insurance companies. 6. Receiver authorized to receive voluntary surrender of 7. Court, on action instituted by receiver, to examine acts 8. When assignment made by insurance company for bene- 9. Members of mutual fire insurance companies not to vote 10. Limited partnerships cannot be formed for the purpose 11. Insurance companies may change dates of the termina- 12. Certain public officers having the custody of public 13. Trustees of school districts to insure school houses. respecting ship to mu tual insurpanies. ance com 19 N. Y., 32. 16 N. Y., 210. 12 N. Y., 569. 9 N. Y., 589. 4 N. Y., 51. S1. Every person becoming a member of any Provision mutual insurance company now incorporated under memberany law of this State in any of the counties of this State, by effecting insurance therein, shall, before he receives his policy, deposit his promissory note for such a sum of money as shall be determined by the directors of said company; such part of said note, not exceeding twenty per cent, as shall be required by the by-laws of the corporation, shall be immediately paid, and the remainder of the said deposit note shall be payable, in whole or in part, as the exigencies of the company shall require, for the payment of losses by fire and the incidental expenses of the company. At the expiration of the term of insurance, the said N. Y., 312. 3NY, 290. 23 Barb., 1 N. Y., 371. 656. 21 Barb., 605. 19 Barb., 440 16 Barb., 254, 11 Barb., Denio, 154 3 Hill, 161, 508. 1 Duer, 114, 4 Sandford S. C., 229. 2 Sandra S. C., 180. 1 Sandford S. C., 53, 158, 171, 184, 481, 629. Mutual insurance companies may loan certain moneys. Bonds and mortgages received by mutual in note or such part of the same as shall remain unpaid after receiving thereon from the maker a proportionate share for all losses and expenses occurring during said term, shall be relinquished by the company to the maker, and it shall be lawful for the company to loan such portion of the money as may not be immediately wanted for the use of the corporation, provided the same shall be secured by a bond and a mortgage on unincumbered real estate, of double the value of the sum loaned. [Laws of 1848, chap. 205, § 1.] $ 2. Any mutual insurance company heretofore incorporated in this State whose charter limits the amount to be paid down upon premium notes to a sum not exceeding five per cent, may loan such portion of the said five per cent as may not be immediately wanted for the purposes of the corporation, upon good and ample security by bond or promissory notes. [Laws of 1840, chap. 287, § 1.] $ 3. All bonds and promissory notes heretofore taken by any such mutual insurance company for companies, money loaned, shall be valid, and may be collected by such company. [Laws of 1840, chap. 287, § 2.] surance valid. Insurance companies to publish annually statement of dividends and interest which shall unclaimed for ten years. S 4. Every insurance company or association for fire, marine or life risks, conducted on the mutual principle or otherwise, now or hereafter incorporated or organized, or doing business under any general or have been special law of this State, on or before the first day of September next, and annually thereafter shall cause to be published for six successive weeks, in one public newspaper printed in the county in which such company or association may be located, and in the State paper, a true and accurate statement, verified by the oath of the treasurer or presiding officer, of all dividends and interests declared and payable upon any of the stock, bonds or other evidence of indebt edness of said company or association, which, at the date of such statement, shall have remained unclaimed by any person or persons authorized to receive the same, for two years then next preceding; and the word "dividend," shall include all scrip issued or declared due for unpaid earnings or profits. [Laws of 1855, chap. 75, § 2.] to make assessment um notes. 109. 656. 15 Barb., 264. $5. In case the corporation in regard to which a Receivers receiver has been or shall hereafter be appointed is or on premishall be a mutual insurance company, such receiver 25 Barb., shall have full power, under the authority and sanc- 23 Barb., tion of the court appointing him, to make all such assessments on the premium notes belonging to such corporation as may be necessary to pay the debts of such corporation, as by the charter thereof the directors of such corporation have authority to make; and the notice of such assessment may be given in Notice of the same manner as is provided in the charter of said company for the directors of said company to give; and the said receiver shall have the like rights and remedies upon and in consequence of the non-payment of such assessments as are given to the corporation or the directors thereof by the charter of such corporation. [Laws of 1852, chap. 71, § 2.] assessment to be given. $ 6. Such receiver is authorized to receive a vol- Surrender of policies. untary surrender of all policies issued by such corporation or to cancel the policies issued by such corporation in all cases where, by the charter of such corporation, the directors thereof are authorized to receive the surrender of or cancel the polices issued by such corporation. [Laws of 1852, chap. 71, § 3.] $ 7. The court by which any such receiver may have been or shall be appointed is authorized, upon a proper action instituted for that purpose by such receiver, to examine by a reference or otherwise as it Receiver to examine acts of cor poration. |