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CHAP. V.

be paid for any insurance against loss or injury by fire in the city, effected or agreed to be effected, or promised by him as such agent.

(Laws of 1857, chap. 548, $ 1.) Account of $ 524. Every person, who shall act in the city as agent as aforepremiums.

said, shall on the first day of February, in each year, render to the said treasurer of the fire department 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 him.

(Id., $ 2.) Under $ 525. No person shall, as agent or otherwise, effect or agree to taking.

effect, or procure to be effected, any insurance upon which the duty above mentioned is required to be paid, until he shall have executed and delivered to the said treasurer an undertaking, under seal, to the fire department, 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 him, 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.

(Id.,58 3.) Renewal of

$ 526. Whenever, by reason of the failure of the sureties, or undertak- either of them, or for any other cause, an undertaking given under

the last preceding section shall or may be deemed insufficient 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 renewed.

(Id., $4.) Penalty for 8 527. Every person who shall effect, agree to effect, promise or ing, under- procure any insurance mentioned in the preceding sections of taking.

this title, without having executed and delivered the undertaking

CHAP. V.

accounts.

hereinbefore required, shall for each offense, 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 last preceding section, who shall effect, agree to effect, promise or procure any such insurance without having executed and delivered the renewed undertaking, shall for each offense forfeit one thousand dollars, for the use of the said fire department.

(Id., $ 5.) $ 528. It shall be lawful for the said treasurer of the fire de- Demand for 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 as agent, as aforesaid, the account provided for in this title, and payment of the duty provided for; 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 twenty-five dollars in addition for every day that he shall so neglect, after the expiration of said ten days, and such additional penalty may be computed and recovered up to the time of the trial of any suit for the recovery thereof.

(Id., 86.) $ 529. Every person who shall act in the city as agent, as aforesaid, shall on the first day of February in each year, or within ten

be reported. 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 this State, and also to the treasurer of 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 offense the sum of one thousand dollars, for the use of the said fire department.

(Id., $ 7.) 8 530. The duty provided to be paid by this title, the damages Suits for for any breach of the undertakings, or either of them, provided for violations.

Place of business to

CHAP. V.

recover

therein, and the pecuniary penalties imposed therein, 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, in their own name and for their own use.

(Id., 88.) Arrest of § 531. The defendant in any action to be brought for the redefendant, in action to covery of any penalty incurred, or any duty or sum of money paypenalty. able under this title, 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 this title, and that the defendant is not a resident of this State, or is about to remove therefrom.

(Id., $ 9.) (Laws of 1857, chap. 548, $ 10. 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 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.) Tax on

§ 532. The corporation known as the trustees of the exempt foreign insurance

firemen's benevolent fund of the city of New York shall be en

, to be paid titled to receive, and there shall be paid to them for nine years benevolent from the seventeenth day of April, eighteen hundred and seventyfund.

nine, the percentage of tax on the receipts of the foreign fire insurance companies doing business in the city of New York, as provided by this title, and all returns and undertakings required by this title shall during such period be made to the treasurer of the said corporation. [Laws of 1866, chap. 633, § 7, as amended by Laws of 1867, chup. 962; by Laws of 1870, chap. 297; by Laws of 1877, chap. 64, and by Laws of 1879, chap. 89.]

(See Laws of 1857, chap 548, § 1, ante, p. 135.)

CHAPTER VI.

COUNTY AND TOWN INSURANCE COMPANIES.

PAGE, 1857, Ch. 739 — The general act ..

140
(Repealed except as to existing companies by Laws of 1862, chap. 347.)
SEC. I. Persons may form companies.

2. Directors.
3. Duties.
4. Policies.
5. Undertakings.
6. Losses, how ascertained.
7. Insured property.
8. Duty of president.
9. Suits at law.
10. Property that may be insured.
II. Directors, how chosen.
12. Annual statement.
13. Withdrawals.
14. Non residents may become members.
15. By-laws.
16. Duration of existence of company.

1862, Ch. 347 — Repealing act.....

145 Sec. 1. Repeal of chap. 739, Laws 1857, and chap. 285, Laws 1858,

except as to existing companies. 1866, Ch. 828 — Modification of general act.

145 SEC. I. Directors, how and when chosen; secretary to prepare state

ment.
2. Construction of act.

1879, Ch. 287 —County and town co-operative insurance companies..

146 SEC. I. Corporators; object; applications for insurance. 2. Directors, how elected ; corporate powers, how exercised; by

laws, etc.
3. Statement to be made and filed.
4. When business may be commenced.
5. Records.
6. Policies of insurance, etc.
7. Undertaking of members to pay losses.
8. Proceedings in case of loss.
9. Classification of risks; assessments on members.

CHAP. VI.

Sec. 1o. Secretary to notify members of assessments; time; how notices

to be served. 11. Actions for assessments; penalty for refusing to pay ; penalty

for neglect of duty by officers.
12. Territorial limits of operations.
13. Directors to be chosen annually by ballot.
14. Annual statement; statement to be filed; other statements not

required.
15. Withdrawal of members; admission of members.
16. Limitations on business.
17. By-laws.

18. Companies doing business may organize under this act.
1880, Cb. 362 — The same..

152 Sec, 1. Corporators ; object.

2. Directors ; officers ; quorum.
3. Statement before commencing business.
4. Books may be opened to receive propositions for insurance.
5. Record to be kept by secretary.
6. Policies of insurance.
7. Agreement to be made by persons insured.
8. Immediate notice of loss to be given.
9. Classification of risks.
10. Notice of assessment for losses.
II. Suits to recover same ; members may be excluded for non-pay-

ment of assessments ; when assessments to be collected.
12. Location of risks.
13. Directors to be chosen by ballot.
14. Annual statement of affairs.
15. Withdrawal of members ; admission of members.
16. What insurance may be made.
17. By-laws.
18. Companies already doing business may organize under this act.
19. Not to transact business in more than three counties ; certificate

may be filed stating counties. 1881, Ch. 305 Time extended ..

159 Sec. 1. Time for continuance of town insurance companies extended

twenty-five years.

Persons

may form

corporations,

L. 1857, Chap. 739— An Act to authorize the formation of town insurance companies.

Passed April 17, 1857. (See Laws of 1862, chap. 347, post, p. 145, which repeals this act except as to existing companies.)

SECTION 1. It shall be lawful for any number of persons not less than twenty-five residing in any town, or in any two adjoining towns in this State, who collectively shall own property of not less than fifty thousand dollars in value, which they desire to have insured, to form themselves into an incorporated company, for the purpose of mutual insurance against loss or damage by fire, which corporations shall possess the usual powers, and be subject to the usual duties of corporations, and the corporate name whereof shall embrace the name of the town in which the business office of said company is located. [As amended by Laws of 1858, chap. 285, $ 1.)

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