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In cities of second class (L. 1902, ch. 294), SS 12–15. $ 12. Interference with officer or other person.— No person shall molest or interfere in any way with any peace officer, poundmaster or any of his duly authorized assistants, or with the duly authorized agents of any person or corporation under a contract with a city while engaged in performing work under the provisions of this act. A violation of the provisions of this section shall be a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars, or by imprisonment for not less than twenty-five days, or by both such fine and imprisonment.
§ 13. Dog kennels.— The poundmaster, under the direction of the mayor of any city of the second class shall have power to construct a suitable building for a dog pound and shelter for lost, strayed or homeless dogs, the cost of which shall be paid from the license fees collected under the provisions of this act.
$ 14. Contracts for seizing and impounding dogs.— The mayor of any city of the second class instead of authorizing the construction of a building as provided in the last section may, in his discretion, contract with an incorporated society for the prevention of cruelty to animals having jurisdiction in such city, for the capture and impoundage of all unlicensed dogs, and for the maintenance of a shelter for lost, strayed or homeless dogs therein, provided, however, that the compensation to be paid to such person or corporation by such contract shall not exceed in any one year the amount collected by the city from the payment of license fees during the current year for which such contract is made. The mayor may prescribe in the contract the manner in which the work is to be done and in which payments are to be made by the city thereunder and may also direct the disposition to be made of any and all dogs seized pursuant to the provisions of this act. The commissioner of public safety shall also have power to order the destruction of any dog which he may deem dangerous or vicious, whether licensed or not, after three days' written notice to and an opportunity to be heard by the owner of such dog. (Amended by L. 1904, ch. 82, in effect March 18, 1904.)
§ 15. Violation of act, how punished.- Any person violating any of the provisions of this act, for which no other penalty is provided, shall be guilty of a misdemeanor, and upon conviction shall
L. 1877, ch. 466, SS 10, 20. be punished by a fine of not less than five nor more than ten dollars, or by imprisonment for not less than five nor more than ten days, or by both such fine and imprisonment.
§ 16. Act not to apply to certain dogs.-- The provisions of this act shall not apply to dogs owned by non-residents passing through any city of the second class, nor to dogs brought to any such city and entered for exhibition at any dog show.
$ 17. Repeal.- All laws and the city ordinances of any city of the second class inconsistent with the provisions of this act are hereby repealed.
§ 18. When to take effect.— This act shall take effect on the first day of April, nineteen hundred and two.
(3) Miscellaneous Provisions. L. 1875, ch. 107. “An act in relation to the treatment of animals,” being the act authorizing live pigeon shoots. (See C. d G.'s General Laws, etc., p. 227, repealed by L. 1902, ch. 61, in effect February 26, 1902.)
ASSIGNMENT FOR BENEFIT OF CREDITORS.
L. 1877, ch. 466, § 10. Effect of death of assignee. (C. & G. Gen. Laws, etc., p. 235.)
Power of county court to appoint.- Under section 25 of the assignment act a county court has power to appoint a substituted assignee in the place of a deceased assignee for the benefit of creditors of a debtor whose business was conducted, and general assignment was recorded, in the county, and the power is not confined to the case provided in the above section. Rogers v. Pell, 166 N. Y., 565.
L. 1877, ch. 466, $ 20. Power of court on accounting. (C. & G. Gen. Laws, p. 238.)
Jurisdiction of court to set aside assignee's sale.- A purchaser at an assignee's sale is a party to a proceeding for the conversion, disposition and distribution of an assigned estate, and is subject to the jurisdiction of the court, and the court may, in a proper case, set aside and vacate the sale without an action brought therefor. Matter of Sheldon, 173 N. Y. 287.
L. 1877, ch. 466, SS 21, 29, 30. L. 1877, ch. 466, § 21. Examination of witnesses and production of books. (C. & G. Gen. Laws, p. 240.)
Who may make application for examination.-- A verdict in favor of the plaintiff in an action of libel creates a liability within the meaning of the assignment act, and the person in whose favor such a verdict was rendered is interested in the assigned estate and may make an application under section 21 of that act for an examination of the assignor and assignee, and of the assignor's books and accounts. Matter of Workingmen's Publishing Assn., 62 App. Div. 604, 71 N. Y. Supp. 248.
L. 1877, ch. 466, § 29. Preferences of wages and salary. (C. & G. Gen. Laws, p. 243.)
Employe entitled to preference.- A person in the employ of a corporation engaged in the wholesale pickle business, whose duties were to contract for the purchase of pickles from the producers, to receive them at the factory, sort, weigh and prepare them for shipment, and whose compensation was regulated by the amount of his purchases, is an employe of the corporation within the meaning of this section. Hopkins v. Cromwell, 89 App. Div. 481, N. Y. Supp.
L. 1877, ch. 466, S 30. Preferences. (C. & G. Gen. Laws, p. 244.)
Preference made by one of the members of a firm.-- A clause in a general assignment of individual property made by a member of a firm, the property of which has been distributed under an assignment by the firm, which directs after the payment of certain preferred claims not exceeding one-third of the assets of his estate, the distribution of the remainder of his estate among the firm as well as his individual creditors, ratably and in the same proportion, creates a preference in favor of the firm creditors that is in contravention of the statute and is therefore void, and such remainder should be distributed among his individual creditors. Matter of Dauchy, 169 N. Y. 460, rev'g 59 App. Div. 383, 69 N. Y. Supp. 827.
See Domestic Commerce.
See Motor Vehicles.
The Banking Law (L. 1892, ch. 689), SS 5, 18.
BAIL. Of railroad employes. See Code Crim. Pro., § 554-a, added by L. 1903,
BANKING. (1) Amendments to the Banking Law... (2) Powers of certain trust companies......... (3) Lost certificate of deposit.
(1) The Banking Law. (L. 1892, ch. 689.) $ 5. Deputies, clerks and examiners of the bank department.— The superintendent of banks shall employ from time to time such clerks and examiners as he may need to discharge in a proper manner the duties imposed upon him by law. They shall perform such duties as he shall assign to them. He shall fix their compensation, which shall be paid monthly on his certificate and upon the warrant of the comptroller in the first instance out of the treasury. He shall appoint a first and second deputy, who shall within fifteen days from the time of notice of their appointments take and subscribe the constitutional oath of office, and file the same in the office of the secretary of state. The duties of the second deputy shall be especially with reference to the supervision, under the direction of the superintendent, of building and mutual loan corporations or associations, co-operative loan associations, and mortgage, loan or investment corporations. In case of the absence or inability to act, or vacancy in the office of superintendent for thirty successive days, neither of his deputies shall thereafter act as superintendent until the first deputy, or in his absence, inability to act, vacancy or failure to quality, the second deputy shall have executed to the people of the state a bond in the penalty of fifty thousand dollars, with two sureties to be approved by the comptroller and treasurer of the state, conditioned for the faithful discharge of the duties of the office of superintendent while such deputy acts as such superintendent. (Amended by L. 1902, ch. 54, in effect Feb. 20, 1902.)
$ 18. Proceedings against delinquent corporations. (C. & G. Gen. Laws, p. 263.)
Sufficiency of complaint in action against insolvent real estate and loan corporations.- A complaint in an action brought by the attorney
The Banking Law (L. 1802, ch. 689), SS 25, 31, 50.
general in the name of the people to secure the forfeiture of the charter of a real estate and loan corporation, which merely states the opinion of the superintendent of banks and the attorney-general that it is unsafe and inexpedient for the defendant to continue to transact business, without stating facts showing the defendant to be insolvent and unable to pay its debts or that it has violated any specific law, is insufficient. People v. Manhattan Real Estate and Loan Co., 175 N. Y., 133, rev'g 74 App. Div. 535, 77 N. Y. Supp. 837.
$ 25. Restrictions. (C. & Gen. Laws, p. 268.)
A building and loan association may loan its money on property other than real estate, and the provision of the above section forbidding a banking corporation to loan on its own stock does not seem to apply to such an association. Coggeshall v. Sussman, 41 Misc. 384, 84 N. Y. Supp. 1097.
§ 31. Permission to foreign corporations. (C. & G. Laws, p. 275.)
Carrying on business.- The mere bringing of an action to recover a sum of money upon a negotiable instrument by a foreign banking corporation is not doing business within this State within the meaning of this section, and it is not necessary that such corporation receive the written permission of the superintendent of banks, or that such superintendent be appointed by such corporation as its agent for the service of process, as provided in section 32 of the Banking Law. Citizens' State Bank v. Cowles, 89 App. Div. 281, 86 N. Y. Supp. 38.
$ 50. Annual meeting and election of directors.-. Every bank shall hold an annual meeting for the election of directors on the second Tuesday in January or within ten days thereafter. Notice of such meeting shall be given as required by the stock corporation law. No person shall be eligible to election as director of a bank having a capital of fifty thousand dollars or over unless he is a stockholder of the corporation owning in his own right an amount equal to at least one thousand dollars in value, nor of a bank having a capital of less than fifty thousand dollars, unless he is a stockholder in his own right to an amount equal to at least five hundred dollars; and every person elected to be a director, who after such election shall cease to be the owner in his own right of the amount of stock aforesaid, shall cease to be a director of the corporation, and his office shall be vacant. The directors shall hold office for one year and until their successors are elected and have qualified. Each director must be a citizen of the United States, and at least three-fourths of the directors must be residents of this state at the