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CHAP. V.

a
2 and

3 to

have been effected or promised by him, or agreed to be effected or promised by him to be effected, from any individual or individuals, or association not incorporated by the laws of this State as aforesaid ; and that he will annually, on the first day of February in each year, pay to the said treasurer two dollars upon every hundred, and at that rate, upon the amount of such premiums.

(See note to section 1 of this act and Laws of 1875, chap. 465, 82, post, p. 130.) $ 3. Every person who shall effect, agree to effect, promise, or Penalty procure any insurance specified in the preceding sections of this for not

executing act, without having executed and delivered the bond required by bond. the preceding section, shall for each offense forfeit one thousand dollars for the use of the said fire department; such penalty of one thousand dollars shall be collected in the name of the fire department of the city of New York. Fire Department of N. Y. v. Wright, 3 E. D. Smith, 453.

(See note to section 1 of this act and Laws of 1875, chap. 465, $ 3, post, p. 130.) ($ 4 of this act, relating entirely to the city and county of New York, was repealed by Laws of 1857, chap. 548, § 1, post, p. 122.)

$ 5. Sections one, two and three of this act shall apply to every sections 1, city or incorporated village in this State where a treasurer of

apply to fire department exists, and where no officer is known by the laws every city

and village of such city or village, the treasurer of such city or incorporated having fire village shall exercise all the powers and perform all the duties, for ment. 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 re- Proviso. quired 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.

(See Laws of 1875, chap. 465, 81, post, p. 129.) $ 6. All the provisions of sections three, four, five, six, seven, Repeal. of the title twenty-one, chapter twenty, of the first part of the Revised Statutes, as amended by act of the twenty-first February, eighteen hundred and thirty-seven, so far as they relate to fire insurance, are hereby repealed.

CHAP. V.

relate to

L. 1857, Chap. 548–An Act to amend an act entitled “An

Act further to amend the acts in relation to insurances on property in this State, made by individuals and associations unauthorized by law,” passed March thirtieth, eighteen hundred and forty-nine.

PASSED April 16, 1857. Certain SECTION 1. Sections one, two, three and four of an act entitled laws, so far as they An act further to amend the acts in relation to insurances on New York property in this State, made by individuals and associations unaucity, repealed. thorized by law," passed March thirty, eighteen hundred and forty

nine so far as the said sections are applicable to the city and county of New York, but no further, are hereby repealed, and

the following ten sections are ubstituted therefor: Companies Provided, however, that any corporation or association created subject to taxation. by or organized under the laws of any government other than the

States of this Union, and having assets, funds or capital, not less in amount than one hundred and fifty thousand dollars, invested in this State, shall be liable to taxation upon such assets, funds or invested capital, as the same is levied or assessed yearly by law, which tax shall be paid as follows : Such an amount thereof as would be equal to two per cent upon its gross premiums received for insurances upon property in the city of New York, shall be paid annually, as hereinbefore provided, to the treasurer of the fire department of the city of New York, and the residue of said tax requisite to make up the full amount of taxation upon its capital as hereinbefore provided, shall be paid to the mayor, aldermen and commonalty of the city of New York, as in the case of ordinary taxation ; and the payments so made as aforesaid shall exempt such corporation or association making the same from any and all further taxation upon its premiums, capital or assets; and whenever such capital shall be reduced below said sum of one hundred and fifty thousand dollars, or withdrawn entirely, then and in either event such corporation or association shall be liable to pay the tax upon its premiums as heretofore provided in this act. [AS amended by Laws of 1858, chap. 255, $ 1.]

People v. Imlay, 20 Barb. 68; Fire Department of New York v. Noble, 3 E. D. Smith, 440; Fire Department of New York v. Wright, id. 453. (See Laws of 1849, ch. 178, 88 1, 2, 3 and 4, ante, pp. 120, 121.)

(The ten sections referred to above as being substituted for sections one, two, three and four of the act passed March 30, 1849, above mentioned, are omitted in this place as they were in substance re-enacted by Laws of 1882, chap. 410, entitled, “An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York.” See Laws of 1882, chap. 410, title 7. — “Tax upon Foreign Insurance Companies." 88 522 to 532 inclusive, post pp. 135-138.)

CHAP. V.

not to affect

§ 2. The repeal by the first section of this act shall not affect

Repeal by any prosecution or action commenced, or penalty, duty or lia- first section bility incurred, or cause of action accrued prior to the passage of certain this act, but every such action or prosecution may lawfully pro- tious or

penalties, ceed, 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.

statements.

L. 1861, Chap. 334 – An Act reqiring foreign insurance

companies to make and file annual statements oftheir
condition and affairs.

PASSED April 26, 1861. SECTION 1. All foreign insurance companies, associations, corporations, partnerships and individuals, transacting the business of fire, companies marine or life insurance, or any other kind of insurance in this to make State, shall make annual statements of their condition and affairs to the insurance department, in the same manner and in the same form as similar companies organized under the laws of this State.

1 (See Laws of 1865, chap. 199, 82, below, as to time of filing annual statement. ) § 2. In case of neglect or refusal to make such annual state

Penalty for ment as aforesaid, all persons acting in this State as agents or neglect or

refusal. otherwise in transacting the business of insurance for said companies, corporations, associations, partnerships or individuals,

shall be subject to the same penalties provided by law in case of • the failure of any insurance company, organized under the laws of this State, to make an annual statement as now provided by law. People v. McCann, 67 N. Y. 506.

(See Laws of 1882, chap. 235, post, p. 133.)

L. 1865, Chap. 199– An Act to amend the act to provide

for the incorporation of fire insurance companies,
passed June twenty-fifth, eighteen hundred and fifty-
three.

PASSED March 25. 1865 (SECTION 1. Amends the general act of 1853, P. 19, ante.)

§ 2. Foreign insurance companies shall, hereafter, be required to make and file their annual statements on the first day of June in foreign each year, or within thirty days thereafter, made out for the year to file their ending on the preceding thirty-first day of December; the sup- statements. plementary annual statements of their business and affairs in the

When

CHAP. V.

United States, shall continue to be filed in the month of January in each year, made out for the year ending on the thirty-first day of December, immediately preceding. [As amended by Laws of 1867, chap. 709, 8 ..]

(See Laws of 1882, chap. 235, post, p. 133.)

securities

and pay

ment of

of other

cases.

L. 1865, Chap. 694 – An Act in relation to the deposits

required to be made, and the taxes, fines, fees and other charges payable by insurance companies of sister States.

Passed May 11, 1865. Deposit of SECTION 1. Whenever the existing or future laws of any other

State of the United States shall require of insurance companies, fees, fines, incorporated by or organized under the laws of this State, and required of having agencies in such other States, or of the agents thereof, any companies deposit of securities in such State for the protection of policyStates in holders, or otherwise, or any payment for taxes, fines, penalties, certain

certificates of authority, license fees or otherwise, greater than the amount required for such purposes from similar companies of other States by the then existing laws of this State, then, and in every such case, all companies of such States establishing, or having heretofore established an agency or agencies in the State, shall be and are hereby required to make the same deposit for a like purpose in the insurance department of the State, and to pay the superintendent of said department for taxes, fines, penalties, certificates of authority, license fees and otherwise, an amount equal to the amount of such charges and payments imposed by the laws of such State upon the companies of this State and the agents thereof. And the superintendent of the insurance department is hereby authorized to remit any of the fees and charges which he is required to collect by existing laws, except such as he is required to collect under and by virtue of this act, provided, however, that no discrimination shall be made in favor of one company over any other from the same State. [As amended by Laws of 1875, chap. 60, $ 1.]

L. 1866, Chap. 298 -- An Act in relation to the restora

tion of securities now held on deposit in the insurance department, in trust for life insurance companies created under the laws of other States of the United States.

Passed March 31, 1866. Restora- SECTION 1. Every company or association transacting the busiSecurities. ness of life insurance and incorporated by or organized under the

CHAP. V.

laws of any other State government of the United States which has heretofore, in pursuance of the provisions of the act, entitled * An act in relation to all companies transacting the business of life insurance within this State," passed April eight, eighteen hundred and fifty-one, deposited any securities with the comptroller of this State shall be entitled to a re-assignment and re-delivery of the said securities so deposited or of the securities substituted therefor upon complying with the provisions of the fourteenth section of the act, entitled “ An act to provide for the incorporation of life and health insurance companies, and in relation to agencies of such companies," passed June twenty-fourth, eighteen hundred and fifty-three, and the superintendent of the insurance department is hereby authorized and directed to make such reassignment and re-delivery upon the demand of any such company or association as aforesaid and upon satisfactory proof being made to him of such compliance as aforesaid.

L. 1866, Chap. 825 – An Act in relation to the payment

of taxes by insurance companies of other States and countries, and their agents.

Passed April 27, 1866. SECTION 1. The taxes on premiums which by existing laws are Taxeş, on required to be paid into the State treasury, and for the benefit of when paid. the fire departments of the several cities and incorporated villages of this State, on the first day of February in each year, and all taxes on premiums which now are or hereafter shall be required by law to be paid to the superintendent of the insurance department, shall hereafter be paid on the first day of January in each year, and shall be upon the premiums which during the year or part

Upon what

premiums of the year ending on the preceding thirty-first day of December taxes are

payable. shall have been received by any insurance company, or by any person acting as agent therefor, or for any individuals or association of individuals, not incorporated or authorized by the laws of this State, to effect insurances against fire, inland, marine, life, casualty or other losses and risks, or which shall have been received by any person for any such company or agent, or shall have been agreed to be paid for any insurance effected or agreed to be effected or procured by such company or agent, or against fire, inland, marine, life, casualty or other risks, although such

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