ways in accordance with the provisions of article six of chapter thirty of the laws of nineteen hundred and nine, entitled "An act relating to highways, constituting chapter twenty-five of the consolidated laws," is hereby reappropriated from the same funds and for the same purpose as provided in said act.

§ 2. This act shall take effect immediately.

Chap. 165.

AN ACT to amend the insurance law, in relation to the powers of fraternal benefit societies.

Became a law April 8,

1918, 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:

added to

ch, 33,

added by

Section 1. Section two hundred and thirty-one of chapter subd. 4 thirty-three of the laws of nineteen hundred and nine, entitled L. 1909, "An act in relation to insurance corporations, constituting chapter 231, as twenty-eight of the consolidated laws," as inserted by chapter one L. 1911, hundred and ninety-eight of the laws of nineteen hundred and eleven, is hereby amended by adding thereto a new subdivision, to be subdivision four, to read as follows:

ch. 198.

fraternal

societies

to provide

on lives of

4. Any fraternal benefit society authorized to do business in certain this state and operating on the lodge plan and which shall, benent at the date upon which it enters upon the business authorized authorized by this subdivision, have organized and thereafter maintain with for benefits adequate reserve, a class of adult membership carrying life children. insurance certificates at a rate of contribution sufficient to provide for meeting the mortuary obligations contracted when valued for death benefits upon the basis of the national fraternal congress table of mortality, as adopted by the national fraternal congress, August twenty-third, eighteen hundred and ninety-nine, or upon a table based upon the society's own experience of at least twenty years, covering not less than one hundred thousand lives, with an interest assumption not more than four per centum per annum, or any higher standard at the option of the society, may provide in its constitution and by-laws, in addition to other benefits provided for therein, for the payment of death or annuity benefits upon the lives of children between the ages of two and eighteen years next birthday, for whose support and maintenance a member of such

Branches for children.

fits herein

for,

limited.

society is responsible. Any such society may at its option organize and operate branches for such children and membership in local lodges and initiation therein shall not be required for such children, nor shall they have any voice in the management of the Total bene- society. The total benefits payable as above provided shall in no provided case exceed the following amounts at ages at next birthday at time of death, respectively, as follows: Two, thirty-four dollars; three, forty dollars; four, forty-eight dollars; five, fifty-eight dollars; six, one hundred and forty dollars; seven, one hundred and sixty-eight dollars; eight, two hundred dollars; nine, two hundred and forty dollars; ten, three hundred dollars; eleven, three hundred and eighty dollars; twelve, four hundred and sixty dollars; thirteen to fifteen, five hundred and twenty dollars; sixteen to eighteen years, where not otherwise authorized by law, six hundred dollars.

Medical

examina

tion.

Minimum

number of

No benefit certificate as to any child shall take effect until after medical examination or inspection by a licensed medical practitioner, in accordance with the laws of the society, nor shall any certificates, such benefit certificate be issued unless the society shall simultaneously put in force at least five hundred such certificates, on each of which at least one assessment has been paid, nor where the number of lives represented by such certificate falls below five hundred. The death benefit contributions to be made upon such certificate shall be based upon the "standard industrial mortality table" or the "English life table number six" and a rate of interest not greater than four per centum per annum, or upon a higher standard; provided that contributions may be waived or be made from any surplus held in excess of the reserve and other liabilities, as provided in the by-laws, and provided further that extra contributions shall be made if the reserve hereafter provided for becomes impaired.

Basis of contributions; interest.

Reserve to be maintained.

returns may

Any society entering into such insurance agreement shall maintain on all such contracts the reserve required by the standard of mortality and interest adopted by the society for computing conFunds to tributions, as provided in this subdivision, and the funds repre

be kept

separate.

Exchange of

benefit on child

senting the benefit contribution and all accretions thereon shall be kept as separate and distinct funds, independent of the other funds of the society, and shall not be liable for nor used for the payment of the debts and obligations of the society other than the benefits herein authorized; provided, that a society may provide that when a child reaches the minimum age for initiation into

age for

ship.

membership in such society, any benefit certificate issued here reaching under may be surrendered for cancellation and exchanged for any memberother form of certificate issued by the society in the class of adult membership herein before required to be organized and maintained before entering into the insurance agreement herein authorized, provided that such surrender will not reduce the number of lives insured in the branch below five hundred, and upon the issuance of such new certificate any reserve upon the original certificate herein provided for shall be transferred to the credit of the new certificate. Neither the person who Beneficiary originally made application for benefits on account of such certificate. child, nor the beneficiary named in such original certificate nor the person who paid the contributions, shall have any vested right in such new certificate, the free nomination of a beneficiary under the new certificate being left to the child so admitted to benefit membership.

under new

report.

to be

An entirely separate financial statement of the business trans- Annual actions and of the assets and liabilities arising therefrom, shall be made in its annual report to the superintendent of insurance by any society availing itself of the provisions hereof. The separa- Funds not tion of assets, funds and liabilities required hereby shall not be diverted. terminated, rescinded or modified, nor shall the funds be diverted for any use other than as specified in this subdivision as long as any certificate issued hereunder remain in force, and this requirement shall be recognized and enforced in any liquidation, reinsurance, merger or other change in the condition of the status of the society.

payment on

expense or

Any society shall have the right to provide in its laws and the specified certificate issued hereunder for specified payments on account of account of the expense or general fund, which payments shall or shall not be general mingled with the general fund of the society, as its constitution and by-laws may provide.

fund.

tion of

cate on

of member

In the event of the termination of membership in the society by continuathe person responsible for the support of any child, on whose certin account a certificate may have been issued, as provided herein, the termination certificate may be continued for the benefit of the estate of the ship of child, provided the contributions are continued, or for the benefit sponsible of any other person responsible for the support and maintenance port of such child, who shall assume the payment of the required contributions.

2. This act shall take effect immediately.

person re

for sup

Chap. 166.

AN ACT to amend the railroad law, relative to the construction of railroads across the Hudson river.

Became a law April 9, 1918, 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. Subdivision three of section eight of chapter four hundred eighty-one of the laws of nineteen hundred and ten, entitled "An act in relation to railroads, constituting chapter fortynine of the consolidated laws," is hereby amended to read as follows:

3. Construction of road. To lay out its road not exceeding six rods in width, and to construct the same; and, for the purpose of cuttings and embankments, to take such additional lands as may be necessary for the proper construction and security of the road; and to cut down any standing trees that may be in danger of falling on the road, upon making compensation therefor. 1No railroad corporation, whose proposed railroad, or any addition thereto, or branch or extension thereof, shall include as a part of said proposed railroad, addition, branch or extension, a bridge across the Hudson river, or any approaches thereto, at any place or point between the federal dam at the city of Troy, and the most southerly point therefrom where both opposite banks are wholly within the state of New York, shall construct or commence or continue the construction of any part of its said proposed railroad, addition, branch or extension, or construct or use any connection between its existing or proposed railroad or any addition thereto, or branch or extension thereof, and any such bridge which may hereafter be constructed, unless and until the plans for such bridge shall have been submitted to and approved by the state engineer and surveyor and the state superintendent of public works. Neither the state engineer nor the superintendent of public works shall approve any plan for any such bridge which shall provide for more than a single span across the Hudson river between the present dyke lines or for any pier or abutment. between the present dyke lines of the river, or for a clearance of

1 Remainder of section new.

less than one hundred thirty-five feet between the lowest part or member of the bridge superstructure and the mean level of the river. Full and complete plans and specifications for such bridge and its approaches shall be submitted to the said state officers by the railroad corporation proposing to erect the bridge and action by such officer shall be taken thereon, or on a new or amended plan, within ninety days after the submission thereof and before approving or disapproving said plan said state officials shall give a public hearing thereon, which hearing shall be held in the city of Albany and notice of such hearing, stating the time, place and briefly describing the purpose thereof, shall be given by publishing the same once at least ten days prior to the date fixed for the hearing, in two daily newspapers published in the city of Albany. If any such plans, or new or amended plans be rejected such officers shall specify the reasons for the rejection in writing and shall within ten days mail a copy to the person, firm or corporation having submitted the same. Any railroad corporation which shall commence or continue the .construction of any such railroad, addition, branch, extension or connection, except in accordance herewith, shall be restrained and enjoined from proceeding with the work of such construction in an action to be brought for that purpose by the attorney-general, and in addition thereto, shall forfeit its charter. It is hereby made the duty of the attorney-general to institute and prosecute such action whenever it shall appear to his satisfaction that the grounds therefor exist.

2. This act shall take effect immediately.

Chap. 167.

AN ACT to amend chapter two hundred and forty-three of the laws of eighteen hundred and fifty-nine, entitled "An act to amend the charter and several acts relating to the village of Waterford, and to incorporate the same into one act," generally. Became a law April 9, 1918, 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:

ch. 243,

Section 1. Subdivision two of section four of chapter two hun- . 1859 dred and forty-three of the laws of eighteen hundred and fifty-ba subd. 2, as

4,