former commissioner of farms and markets and all their powers and duties, which were transferred to the department of agriculture and markets by section two hundred and seventy-two of the state departments law or shall have been prescribed by law when this subdivision as hereby enacted takes effect, whether in terms vested in such department, in such council or in such commissioner or in a committee, member or officer thereof, and all the functions of the former council of agriculture and markets and the commissioner of agriculture and markets and all their powers and duties which shall have been prescribed by law when this subdivision, as hereby amended, takes effect, whether in terms vested in such council or in such commissioner or in a committee, member or officer thereof, shall continue to be vested in the department of agriculture and markets and shall continue to be exercised and performed therein by or through the commissioner of agriculture and markets or the appropriate division, bureau, board or officer thereof as prescribed by or pursuant to law, together with such functions, powers and duties as hereafter may be conferred or imposed upon such department by law. All the provisions of this chapter shall apply to the department of agriculture and markets continued by this chapter as hereby amended and to the commissioner of agriculture and markets and to the divisions, bureaus and officers of such department, in so far as such provisions are not inconsistent with this subdivision. renum § 12. Sections twenty-three and twenty-four of this chapter are §§ 23-24 hereby renumbered sections seventeen and eighteen, respectively. bered. § 13. Section twenty-five of such chapter is hereby renumbered § 25 section nineteen. renum bered. § 14. Section twenty-six of such chapter is hereby renumbered 26 section twenty and amended to read as follows: renumbered, of access. § 20. Access to place of business. The commissioner, each assist- amended. ant commissioner and the directors, counsel, experts, chemists, agents and other officers and employees of the department shall have full access to all places of business, factories, farms, buildings, carriages, cars and vessels used in the production, manufacture, storage, sale or transportation within the state of any dairy Powers products or any imitation thereof, or of any article or product with respect of which any authority is conferred by this chapter on the department. They may examine and open any package or container of any kind containing or believed to contain any article or product, which may be manufactured, sold or exposed for sale in violation of the provisions of this chapter, or of the rules of the department, and may inspect the contents therein, and take Samples. therefrom samples for analysis. renum § 15. Section twenty-six-a of such chapter, as added by chapter 26-a. three hundred twenty of the laws of nineteen hundred thirty-one, ered is hereby renumbered section twenty-one. § 16. Section twenty-seven of such chapter is hereby renumbered 27 section twenty-two and amended to read as follows: renum bered, amended. False § 22. Power to administer oaths and compel testimony. The commissioner, an assistant commissioner, the secretary or counsel. of the department, or any other officer or employee duly authorized by the commissioner, may administer oaths and take affidavits in relation to any matter or proceeding in the exercise of the powers and duties of the department under this chapter. The commissioner, or an assistant commissioner may subpoena and require the attendance of witnesses and the production of books, papers and documents pertaining to the investigations and inquiries which such commissioner or assistant commissioner is authorized to conduct, and examine them in relation to any matter to be investigated by them and issue commissions for the examination of witnesses who are out of the state or unable to attend or excused from attendance. Any person who shall wilfully testify falsely as to any material testimony matter pending in an investigation or proceeding under this chapter shall be guilty of and punishable for perjury. §§ 28-29 renum bered, § 30 renum bered, amended. Annual report to governor. § 26 new. An officer who serves the subpoenas issued as above provided and witnesses attending in response thereto shall be entitled to the same fees as are allowed to officers and witnesses in civil actions in courts of record, to be audited and paid in the same manner as other expenses of the department. § 17. Sections twenty-eight and twenty-nine of such chapter are hereby renumbered sections twenty-three and twenty-four, respectively. § 18. Section thirty of such chapter is hereby renumbered section twenty-five and amended to read as follows: § 25. Annual reports. The commissioner shall cause to be prepared and submitted to the governor and the legislature each year, a report of the transactions of the department, including such part of the acts and proceedings of the department as he deems advisable to include therein, together with such information data. and statistics in the possession of the department, as the commissioner shall deem of value to the governor, the legislature and the people of the state. Such report shall contain a general review of the work of the department and abstracts of investigations and hearings and copies of decisions and orders rendered or issued by the commissioner and contain such recommendations for legislation as in the opinion of the commissioner is required. The commissioner may require all agricultural societies receiving money from the state to make reports to the department, and may prescribe the form of such reports. § 19. Such chapter is hereby amended by inserting therein a new section, to be section twenty-six, to read as follows: § 26. Transfer of property and records in custody of council of agriculture and markets. The property, records, books, papers and documents, if any, in the custody, possession or control of the council of agriculture and markets at the time this section takes effect, which pertain or relate to any of the functions, powers and duties of the department of agriculture and markets or of the council, which is hereby abolished, shall be delivered and belong to the department of agriculture and markets. § 31-d § 20. Section thirty-one-d of such chapter, as added by chapter ch. 207, two hundred seven of the laws of nineteen hundred twenty-seven, amended. is hereby amended to read as follows: additional property. § 31-d. Acquisition of additional real property. The depart-State Fair ment may acquire additional real property for state fair purposes acquisition whenever money shall be appropriated by the legislature therefor. real The department shall cause a map to be made of the real property which it shall determine to take, showing the boundaries thereof and the name of the owner or reputed owner thereof as nearly as the same can be ascertained, and shall file such map, certified by the department, in the office of the department of state and of the county clerk of the county in which such real property is located. From the time of the filing of such map the property therein specified shall become and be the property of the state of New York and shall be applicable to state fair purposes as provided by this article. subd. 3, amended. § 21. Subdivision three of section two hundred sixty-one of such 201, chapter, as amended by chapter two hundred seven of the laws of nineteen hundred twenty-seven, is hereby amended to read as follows: rules. 3. Of making rules for the government of the department and Making of the public markets, market places and market lands not in conflict with the rules of the department of agriculture and markets and subject to the approval of the board of estimate of the city, or if there be no such board, of the common council, board of aldermen or other corresponding legislative body of such city; § 22. This act shall take effect immediately. CHAPTER 17 AN ACT to amend the civil practice act, in relation to pending actions in which defendant seeks to cure a default Became a law February 4, 1935, 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 ten hundred seventy-seven-e of the civil prac- 1077-e tice act is hereby amended to read as follows: amended. § 1077-e. Application to pending actions. Sections ten hundred seventy-seven-a, ten hundred seventy-seven-b, ten hundred seventyseven-d shall apply to any action or proceeding heretofore and hereinafter instituted for the foreclosure of a mortgage within the Mortgage scope of this act unless the same has proceeded to final judgment closure. directing the sale of the mortgaged premises, and any such action fore shall be dismissed upon payment by any defendant to the plaintiff of taxable costs and the remedying of any default other than the payment of principal or any installment of principal within thirty days after this act as amended takes effect, or within twenty days. after the commencement of such action, but otherwise such action or proceeding may continue. § 2. This act shall take effect immediately. L. 1933, Cease to 1936. CHAPTER 18 AN ACT to amend chapter forty of the laws of nineteen hundred thirty-three, entitled "An act in relation to the powers of the superintendent of insurance during the existing emergency," fixing the duration of the emergency period Became a law February 4, 1935, 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 five of chapter forty of the laws of nineteen hundred thirty-three, entitled "An act in relation to the powers of the superintendent of insurance during the existing emergency, as amended by chapter ten of the laws of nineteen hundred thirtyfour, is hereby amended to read as follows: § 5. This act and the rules and regulations adopted hereunder be effective shall cease to be effective on March first, nineteen hundred thirty-six, or on such earlier date as the legislature may, by joint resolution, designate to be the termination of the emergency declared by section one hereof, or, if the legislature be not in session, as the governor may, by proclamation, designate. § 2. This act shall take effect immediately. Create commis sion. CHAPTER 19 AN ACT declaring the existence of a public emergency, creating the mortgage commission of the state of New York, providing for its powers and duties and providing a method for the relief of distressed holders of mortgage investments Became a law February 5, 1935, with the approval of the Governor. Passed, on message of necessity, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Article I. Existence of emergency. II. Creation of mortgage commission. III. Definitions. IV. Powers and functions of commission. V. Exercise of limited powers of commission. VI. Termination of control of commission. VII. Jurisdiction of supreme court. VIII. Continuance and consolidation of certain proceedings. ARTICLE I EXISTENCE OF EMERGENCY Section 1. Declaration of emergency. Section 1. Declaration of emergency. The legislature by joint resolution adopted April twenty-seventh, nineteen hundred thirtyfour authorized the appointment of a special committee to investigate and report with respect to emergency and permanent legislation in connection with guaranteed mortgages. Such committee has held public hearings, examined numerous witnesses, and made reports to the second extraordinary session of the legislature of nineteen hundred thirty-four which, among other things, considered emergency legislation for the relief of holders of mortgage investments and the proper administration of the real property or other security underlying the same. The second extraordinary session of the legislature considered the aforesaid reports but failed to pass adequate remedial legislation as recommended therein. The legislature on the eighteenth day of August, nineteen hundred thirty-four, adopted a joint resolution authorizing the continuance by the special committee of its investigation and directing it to make a further report to the legislature. In addition thereto, the governor at the request of the superintendent of insurance. appointed a commissioner, under section eight of the executive law, to investigate, among other things. the management and affairs of the insurance department with reference to the operations, conduct, and management of the title and guaranty corporations under its supervision. The commissioner has submitted a final report to the governor. The legislature has considered the aforesaid reports of its committee and now finds and determines: There are outstanding many thousands of issues of mortgage investments, issued, sold, distributed or guaranteed directly or indirectly by title or mortgage guaranty corporations organized and/or operating under the insurance law or by companies organized and/or operating under the banking law. Each of these issues is secured by or represents an interest in a single mortgage or by a group of mortgages as the underlying security. The mortgage investments issued by the respective companies in substance provide that the company has assigned and transferred an undivided share or interest in a bond and mortgage, or in a group of bonds and mortgages or in a debt secured thereby, either as a participating interest or as security for an obligation, and that the company is authorized to receive, collect and sue for the interest and principal of the bonds and mortgages. It is further provided in the form |