« PreviousContinue »
397, $ 1
182, § 3
95 410, SS 522-532
See Penal Code above.
241-243 282, § 1
1874, Ch. 398 — Fees to be paid into the treasury
of interest; may require additional deposit.
Passed April 15, 1859. Department SECTION 1. There is hereby established a separate and distinct established.
department, which shall be charged with the execution of the laws heretofore passed, or that may be hereafter passed in rela
tion to insurance. Superin
S 2. The chief officer of the said department shall be denominated tendent, how ap
the superintendent of the insurance department. After the expirapointed.
tion of the term of office of the present superintendent, or whenever a vacancy shall occur in such office, such chief officer shall be appointed by the governor by and with the advice and consent of the
senate, and shall hold his office for the term of three years. He Salary.
shall receive an annual salary of seven thousand dollars, to be paid in monthly installments, which salary shall be in full for all seryices to be performed by said superintendent in any capacity, and all fees and moneys collected by him shall be paid into the State
treasury monthly. He shall employ, from time to time, the neClerks.
cessary clerks to discharge such duty as he shall assign them, whose compensation shall be paid to them monthly on his certifi
cate and upon a warrant of the comptroller. He shall appoint Deputy.
one of the said clerks to be his deputy, who shall possess the power and perform the duties attached by law to the office of principal, during a vacancy in such office and during the absence or inability of his principal. Whenever examinations shall be
made of any insurance company by the superintendent or deputy expense of superintendent personally, or by one or more of the regular clerks
of said department, no charge shall be made on such examination but for necessary traveling, and other actual expenses, and all charges for making examinations of any insurance company, and all charges against any company by any attorney or appraiser of this department, shall be presented in the form of an itemized bill, which shall first be approved by the said superintendent and then audited by the comptroller, and shall be paid on his warrant, drawn in the usual manner upon the State treasurer, to the person or persons making such examination, and the company examined, on receiving a certified copy of said bill of charges, as audited and paid by the comptroller, shall repay the amount of the same to the said superintendent, to be by him paid into the State treasury to replace the money drawn out as above provided for; and no company examined shall either directly or indirectly pay, by way of gift, gratuity or otherwise, any other or further sum to said
superintendent or examiners for services, extra services, or for pur
Penalty. poses of legislation, or on any other pretense whatever. Said superintendent, examiner or any officer, clerk or other employee of any insurance company, violating the provisions of this section, shall Oficial be guilty of a misdemeanor. Within fifteen days from the time of notice of their appointment respectively, the superintendent and his deputy shall take and subscribe the oath of office prescribed by the constitution, and file the same in the office of the secretary of State; and the said officers shall be in all respects subject to the provisions of the sixth title of chapter five of the first part of the Revised Statutes, as far as the same may be applicable; and within the said fifteen days the said superintendent of the insurance department shall give to the people of the State of New Bond. York a bond in the penalty of twenty-five thousand dollars, with two good sureties, to be approved by the comptroller, conditioned for the faithful discharge of the duties of his office; and the said superintendent shall not, either directly or indirectly, be interested in any insurance company except as an ordinary policyholder, [As amended by Laws of 1861, chap. 326, § 1; and by Laws of 1873, chap 593, 8 I.]
People ex rel. Church v. Hopkins, 55 N. Y. 74.
83. The superintendent of the insurance department shall possess Powers of all the powers, perform all the duties, and be subject to all the tendent. obligations and penalties, now conferred by law upon the comptroller of this State, or to which the comptroller is subject in relation to insurance companies and the formation thereof, under the laws relating thereto, so that every power and duty thereby conferred on the comptroller shall, from and after the appointment of such superintendent, be transferred to and conferred upon the said superintendent. In addition to the requirements of the Laws of eighteen hundred and fifty-three relating to the annual Annual re. reports relative to insurance, the superintendent shall be required to report the names and compensation of the clerks employed by him, and the whole amount of expenses of the department during the year; such report shall be made by or before the first day of April, and fifteen hundred copies for the use of the superintendent, and the usual number of copies for the use of the legislature shall be printed by the printer employed to print legislative documents. [As amended by Laws of 1866, chap. 514, § 1.]
Case v. People, 6 Abb. N. C. 151; S. C., 14 Hun, 503.
(See Laws of 1853, chap. 466, § 22, post, p. 25,
and id, chap. 463, $ 13, post, p. 60.)