CHAPTER 699 AN ACT to amend the state charities law, in relation to commitment of children to institutions for juvenile delinquents Became a law May 25, 1936, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: subd. 1, Section 1. Subdivision one of section one hundred eighty-eight § 188, of chapter fifty-seven of the laws of nineteen hundred nine, entitled amended. "An act relating to state charities, constituting chapter fifty-five of the consolidated laws," as renumbered and amended by chapter two hundred ninety-four of the laws of nineteen hundred thirtythree, is hereby amended to read as follows: ment of delinquents. 1. Whenever any child not over the age of sixteen years shall Commitbe brought before any children's court and it shall appear to the juvenile satisfaction of such court that such child is a juvenile delinquent and is not insane, nor mentally or physically incapable of being substantially benefited by the training and discipline of such institution, such child, if a boy, may be committed to the state agricultural and industrial school or to the New York state training school for boys at Warwick, subject to the provisions of section one hundred and eighty-two of this chapter, or if a girl to the New York state training school for girls, to be there confined under the provisions of law relating to such institution, but no person under the age of twelve years shall be committed to any such institution for any crime or offense less than a felony. No commitment made under this section which shall recite the facts upon which it is based shall be deemed or held to be invalid by reason of any imperfection or defect in form. No child shall be committed to any such institution for a definite term, but any child may be paroled or dis- No dennite charged at any time after commitment in accordance with rules of the department. Every child legally committed to any such institution shall continue to be a ward of such institution until he or she becomes of the age of twenty-one years, notwithstanding his or her parole or discharge therefrom, and notwithstanding the provisions of any other act, whether general or special, and if deemed by the superintendent of such institution necessary for his or her welfare or for his or her protection against evil associations or companionship, the superintendent of such institution may return him or her temporarily to such institution at any time during minority unless he or she shall have been discharged by the state department of social welfare. § 2. This act shall take effect immediately. term. . $ 42 amended. Regular reports required; form and content. Four times yearly. Notice. § 43 amended. Publication of summary reports. CHAPTER 700 AN ACT to amend the banking law, in relation to reports to the superintendent of banks by banks and trust companies Became a law May 25, 1936, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section forty-two of chapter three hundred sixtynine of the laws of nineteen hundred fourteen, entitled "An act in relation to banking corporations, and individuals, partnerships, unincorporated associations and corporations under the supervision of the banking department, constituting chapter two of the consolidated laws," as last amended by chapter three hundred ninety-nine of the laws of nineteen hundred thirty-two, is hereby amended to read as follows: § 42. Reports from corporations and bankers. It shall be the duty of the superintendent to require all corporations to which this chapter is applicable, and all private bankers to whom article four of this chapter is applicable to make to him the regular periodical reports of their condition prescribed by this chapter and he, except as otherwise provided in this chapter, shall prescribe the form and contents of all such reports. In addition to such regular reports he may require any such corporation or banker to make special reports to him at such times and in such form as he may prescribe, and may direct that such special reports be verified and prescribe the form of the verification. He shall at least four times in each year, designate a past day as of which every such bank and trust company and every such private banker except such as shall have duly obtained certain exemptions pursuant to section one hundred and sixty of this chapter, shall report to him, and he shall serve a notice designating such day. Such notice may be served by delivering the same to such private banker or, in the case of a corporation, by delivering the same at its place of business to some officer therein, or it may be served in any case by depositing it in the post-office enclosed in a post-paid wrapper directed to such corporation or banker at its principal place of business. § 2. Section forty-three of such chapter, as last amended by chapter six hundred seventy-eight of the laws of nineteen hundred thirty, is hereby amended to read as follows: § 43. Summary of reports of banks, trust companies and priof quarterly vate bankers to be published. Within thirty days after the receipt of any regular periodical report of condition of any bank, trust company or private banker, the superintendent shall publish a summary thereof in a newspaper at Albany in which notices by state officers are required by law to be published, specifying the names and places of business of each, and if partnerships or unin corporated associations, the names and residences of the members thereof. amended. § 3. Subdivision fourteen of section eighty-two of such chapter, § 82. as last amended by chapter three hundred ninety-nine of the laws subd. 14. of nineteen hundred thirty-two, is hereby amended to read as follows: 14. The date on which a call pursuant to section forty-two of this chapter for a regular periodical report of condition by banks, trust companies or private bankers was issued by the superintendent and the day designated as the day with reference to which such report should be made. amended. § 4. Section one hundred thirty-three of such chapter, as last $133 amended by chapter ninety-six of the laws of nineteen hundred sixteen, is hereby amended to read as follows: within publication. § 133. Reports to superintendent; penalty for failure to make. 1. Within ten days after service upon it of the notice provided Report for by section forty-two of this chapter, every bank shall make a 10 days of written report of its financial condition to the superintendent, notice: which report shall be in such form and contain such information as the banking board may prescribe. Such report shall be published by the reporting bank in such manner as the banking board may prescribe in a newspaper published in the place where the bank is located or, if there be no newspaper published in the place where the bank is located, then in a newspaper published in the same or in an adjoining county and in general circulation in the place where the bank is located. 2. Every such bank shall also make such other special reports Special to the superintendent as he may from time to time require, in reports. such form and at such date as may be prescribed by him and such report shall, if required by him, be verified in such manner as he may prescribe. less than 3. Every such bank which does not have an unimpaired surplus Reports it fund equal to at least twenty per centum of its capital shall, 20 per cent. within ten days after declaring a dividend, make a written report surplus. to the superintendent stating the amount of such dividend, the amount of its net earnings in excess thereof and the amount carried to the surplus fund. Such report shall be verified by the oath of the president or vice-president and cashier, or assistant cashier of the bank. report; 4. If any such bank shall fail to make any report required by Failure to this section on or before the day designated for the making thereof, penalty. or shall fail to include therein any prescribed matter, such bank shall forfeit to the people of the state the sum of one hundred dollars for every day that such report shall be delayed or withheld, and for every day that it shall fail to report any such omitted matter, unless the time therefor shall have been extended by the superintendent as provided by section forty-nine of this chapter. The moneys forfeited by this section, when recovered, shall be paid into the state treasury to reimburse the state for the sums advanced by it for the expenses of the department. § 218 amended. Trust § 5. Section two hundred eighteen of such chapter, as last amended by chapter ninety-six of the laws of nineteen hundred sixteen, is hereby amended to read as follows: § 218. Reports to superintendent; penalty for failure to make. 1. Within ten days after service upon it of the notice provided for by section forty-two of this chapter, every trust company shall companies. make a written report of its financial condition to the superintendent, which report shall be in such form and contain such information as the banking board may prescribe. Such report shall be published by the reporting trust company in such manner as the banking board may prescribe in a newspaper published in the place where the trust company is located or, if there be no newspaper published in the place where the trust company is located, then in a newspaper published in the same or in an adjoining county and in general circulation in the place where the trust company is located. Special reports. Other reports. Failure; penalty. 2. Every such trust company shall also make such other special reports to the superintendent as he may from time to time require, in such form and at such date as may be prescribed by him, and such report shall, if required by him, be verified in such manner as he may prescribe. 3. Every such trust company, which does not have an unimpaired surplus fund equal to at least twenty per centum of its capital shall, within ten days after declaring a dividend, make a written report to the superintendent stating the amount of such dividend, the amount of its net earnings in excess thereof and the amount carried to the surplus fund. Such report shall be verified by the oath of the president or vice-president and another principal officer of the trust company. 4. If any such trust company shall fail to make any report required by this section on or before the day designated for the making thereof, or shall fail to include therein any prescribed matter, such trust company shall forfeit to the people of the state the sum of one hundred dollars for every day that such report shall be delayed or withheld, and for every day it shall fail to report any such omitted matter, unless the time therefor shall have been extended by the superintendent as provided by section fortynine of this chapter. The moneys forfeited by this section, when recovered, shall be paid into the state treasury to reimburse the state for the sums advanced by it for the expenses of the department. § 6. This act shall take effect June first, nineteen hundred June 1, 1936. thirty-six. Effect CHAPTER 701 AN ACT to amend the village law, in relation to village ordinances Became a law May 25, 1936, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended. Section 1. Section ninety of chapter sixty-four of the laws of 90 nineteen hundred nine, entitled "An act relating to villages, constituting chapter sixty-four of the consolidated laws," as added by chapter six hundred and fifty of the laws of nineteen hundred twenty-seven, is hereby amended to read as follows: § 90. Village ordinances. The board of trustees after a public hearing shall have power to enact, amend and repeal ordinances not inconsistent with existing law, for the government of the village, the management of its business, the preservation of good order, peace, health, safety and welfare of its inhabitants and the protection and security of their property whether such authority is specifically granted by this chapter or other law or necessarily implied therefrom. The village clerk shall give notice of such hearing by the publica- Notice. tion of a notice in the official newspaper of the village or by posting a notice in at least four public places in the village, specifying the time when and the place where such hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once or posted at least seven days prior to the day specified for such hearing. amended. § 2. Section ninety-four of such chapter as last amended by $94 chapter six hundred and fifty of the laws of nineteen hundred twenty-seven, is hereby amended to read as follows: § 94. Approval by board of trustees or* ordinances of separate board. An ordinance adopted by any separate board of commissioners for the violation of which a penalty is imposed must be approved by the board of trustees. Upon its adoption such an ordinance must be certified to the board of trustees, and upon its approval becomes an ordinance of the village with the same force and effect and enforceable in the same manner as if it had been originally adopted by the board of trustees. Before approval, a public hearing must be held in accordance with section ninety of this chapter. 3. This act shall take effect immediately. So in original. (Evidently should be "of".) |