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troops, or to citizens of this state who while serving with the allied armies received citations as provided in this section.

Not more than one military cross shall be issued to any one person; nor shall any medal be awarded or presented, under the provisions of this section, to any person whose entire service subsequent to the time of the receipt of such citation shall not have been honorable. For each succeeding citation as provided herein, such person shall be entitled to wear, as the adjutant general of the state may direct, a metal device not more than three-sixteenths of an inch in diameter, attached to the ribbon of such military cross. In the event of the death of any person during or subsequent to the receipt of such citation the military cross shall be presented to such representative of the deceased as may be designated. The adjutant general of the state shall make such rules and regulations as may be deemed necessary for the proper presentation and distribution of such decorations.

2. This act shall take effect immediately.

CHAPTER 137

Corporate existence revived; declared valid corporation,

AN ACT to revive and extend the corporate existence of Ward's Natural

Science Establishment, and to legalize the acts of the directors, as trus

tees. Became a law March 16, 1925, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, Jo enact as follows:

Section 1. The corporate existence of Ward's Natural Science Establishment, is hereby revived, and the said Ward's Natural Science Establishment is hereby declared to be a valid corporation with the same force and effect as the same existed on the first day of December, nineteen hundred and fifteen, and prior to the expiration of the period for which such corporation was created; with all the powers, privileges, franchises, and subject to the same duties, obligations and restrictions in respect to such powers under the laws of this state in force on or before the first day of December, nineteen hundred and fifteen, which were conferred and imposed in respect to such corporation and with the same force and effect as if the said corporate existence and organization had been extended according to law prior to the first day of December, nineteen hundred and fifteen, and before the expiration of the period of time for which such corporation was created; and the acts of the directors of such corporation, acting as trustees, between the first day of December, nineteen hundred and fifteen, and the time this act takes effect are hereby legalized,

ratified and confirmed. Corporate § 2. The corporate existence of the said Ward's Natural revived and Science Establishment is hereby revived and extended as of the

first day of December, nineteen hundred and fifteen, to be per

Acts of directors legalized,

existence

extended

petual, subject to the power of the legislature, by law, to hereafter to be perlimit or terminate its existence, and to be possessed and seized deemed to of all the property, and be vested with all the rights and privileges have ex had, possessed, seized and enjoyed by the said Ward's Natural out lapse. Science Establishment, at any time prior to the first day of December, nineteen hundred and fifteen, and such corporation shall be deemed to have existed for all purposes from the date last mentioned, without any lapse, forfeiture or interruption of its corporate existence, and subject to the same liabilities and restrictions provided by law.

The said corporation shall, within thirty days after this act Certificate takes effect, file in the office of the secretary of state a certificate, with secunder the signature of an officer thereof, setting forth:

1. The name of the corporation.

2. The date on which the original certificate of incorporation was filed in the office of the secretary of state.

3. That its existence is revived and extended to be perpetual, pursuant to this act, and citing the same by chapter number and year of passage. Such certificate shall be acknowledged by the officer executing the same, in the manner required of a deed to be recorded within the state.

§ 3. Nothing in this act shall affect any action or proceeding Pending pending at the time this act takes effect.

§ 4. This act shall take effect immediately.

retary of

state,

actions,

CHAPTER 138
AN ACT to amend the insurance law, in relation to agents' certificate of

authority.
Became a law March 16, 1925, 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 ninety-one of chapter thirty-three of the laws L 1909, of nineteen hundred and nine, entitled “An act in relation to $ 91 insurance corporations, constituting chapter twenty-eight of the amended. consolidated laws," as amended by chapter three hundred and one of the laws of nineteen hundred and nine and by chapter two hundred and sixty of the laws of nineteen hundred and twentythree, is hereby amended to read as follows:1

§ 91. Business to be accepted from licensed agents only; agents' certificate of authority. i. No life insurance corporation doing business within this state, or agent thereof, shall pay any commission or other compensation to any person for services in obtaining new insurance, unless such person shall have first procured from the superintendent of insurance a certificate of authority to act as an agent of such company as hereinafter provided. No

1 Division into subdivisions new.

person shall act as agent, sub-agent or broker, in the solicitation or procurement of applications for insurance, or receive for services in obtaining new insurance any commission or other compensation from any life insurance corporation doing business in this state, or agent thereof, without first procuring a certificate of authority so to act from the superintendent of insurance, which must be renewed annually on the first day of January, or within six months thereafter.

2. Such certificate shall be issued by the superintendent of insurance only upon the written application of persons desiring such authority, such application being approved and countersigned by the company such person desires to represent, and shall be upon a form approved by the superintendent of insurance, giving such information as he may require. The superintendent of insurance shall have the right to refuse to issue or renew any such certificate in his discretion. No such certificate shall be valid, however, in any event after the first day of July of the year following the issuing of such certificate. Renewal certificates may be issued upon the application of the company. Such certificate of authority shall be executed in triplicate; one copy thereof shall be filed in the office of the superintendent, and two copies thereof shall be issued to such agent, sub-agent or broker, one of which copies such agent, sub-agent or broker shall, within thirty days after such certificate is issued, cause to be filed in the office of the county clerk of the county in which such agent, sub-agent or broker resides, or, if a nonresident, in the office of the county clerk of the county in this state in which he has an office for the transaction of business. Provided that in the case of an agent, sub-agent or broker residing in any of the counties of Suffolk, Nassau, Queens, Kings, New York, Bronx, Richmond, Westchester, or Rockland, or of a resident of another state having an office for the transaction of business in any such county, such certificate of authority shall be executed in duplicate and no copy thereof shall be required to be filed in the office of the clerk of the county in which such resident agent, sub-agent or broker resides, or such nonresident has an office for the transaction of business.

3. Agents operating solely for companies transacting industrial or prudential insurance on the weekly payment plan of insurance are exempted from the provisions of this section, and nothing contained herein shall be construed as prohibiting any corporation transacting industrial or prudential insurance on the weekly payment plan from accepting business on that plan from unlicensed agents.

4. Any person or corporation violating the provisions of this section shall, in addition to any other penalty, forfeit to the state the sum of five hundred dollars.

5. An agent's certificate of authority may be revoked by the superintendent of insurance if, after due investigation and a hearing either before himself or before any salaried employee of the

2 Words “in addition to any other penalty,” new.

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insurance department designated by him whose report he may adopt, he determines that the holder of such certificate has violated any provisions of the insurance law, or has violated any law in the course of his dealings as an agent, or has made a material misstatement in the application for such certificate, or has been guilty of fraudulent or dishonest practices.

6. No individual whose certificate of authority is so revoked shall be entitled to any certificate of authority under this section for one year after such revocation, or, if such revocation be reviewed by certiorari proceedings, for one year after the final determination thereof affirming the action of the superintendent in revoking such certificate. The action of the superintendent of insurance in granting or refusing to grant or renew a certificate of authority or in revoking or refusing to revoke such certificate under this section shali be subject to review by writ of certiorari, at the instance of the applicant for such certificate, the holder of a certificate so revoked or the holder of any certificate or the person aggrieved. If the superintendent of insurance shall revoke or shall refuse to renew the certificate of authority of any agent issued under this section and such agent shall apply for a writ of certiorari to review such action, the certificate of authority of such agent shall be deemed to be in full force and effect for all purposes including the right to renewal until the final determination of such certiorari proceedings and all appeals therefrom.

$ 2. This act shall take effect immediately.

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CHAPTER 139

AN ACT abolishing the office of coroner of the county of Westchester and

creating the office of county medical examiner, and prescribing his powers
and duties.

medical examiner

Became a law March 16, 1925, 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. The office of coroner in and for the county of West. Coroners

abolished; chester is hereby abolished and the office of county medical exam county iner is created.

§ 2. The board of supervisors of the county of Westchester shall created. appoint a county medical examiner who shall be a duly qualified County practitioner of medicine and surgery and who shall have had at examiner ; least five years' actual experience in the practice of his profession bent, and who is a skilled pathologist and microscopist and who shall be qualifica

tions, fore entering upon the duties of his office take the constitutional oath of office. The term of office of such medical examiner shall be three years and such medical examiner shall receive an annual salary to be fixed by the board of supervisors of Westchester county to be paid in the same manner as other county salaries are paid. Such medical examiner shall receive in addition thereto all of his actual

term, etc.

Duties.

and necessary expenses incurred in the performance of his official duties, to be audited and paid in the same manner as other charges against said county. The board of supervisors of the county of Westchester shall provide and furnish the necessary office or offices for such medical examiner.

§ 3. The said medical examiner shall make examinations by view of the dead bodies of such persons only as are supposed to have come to their death in the county of Westchester, due to unlawful act or criminal neglect, and in such cases issue and file the proper death certificate. If upon such examination, the said medical examiner is of the opinion that death was due to unlawful act or criminal neglect, he shall at once notify the district attorney and the police of the city, town or village within said county of Westchester in which the body lay when found and if on view thereof and inquiry into the cause and manner of death, he deems a further investigation necessary he shall upon being authorized by the district attorney of the county of Westchester, make an autopsy and carefully reduce, or cause to be reduced to writing, every fact and circumstance tending to show the condition of the body and the cause and manner of death, and, for the purpose of such inquiry, the medical examiner shall have power to subpoena and examine witnesses under oath in the same manner as a magistrate would in holding a court of special sessions, which examination may be in private, in which case any or all persons other than those required to be present may be excluded from the place where such examination is held and such examiner may also direct witnesses to be kept separate so that they cannot converse with each other until they have been examined. The district attorney, or some person designated by him may attend and examine all witnesses.

§ 4. It shall be the duty of any citizen who may become aware of the death of any such person to report such death forthwith to the

office of the medical examiner, or to a police officer who shall forthViolations with notify the medical examiner. Any person who shall wilfully

neglect or refuse to report such death or who without written order from medical examiner shall wilfully touch, remove or disturb the body of any such person, or wilfully touch, remove or disturb the clothing, or any article upon or near such body, shall be guilty of a misdemeanor.

§ 5. If the said medical examiner finds that the person or persons causing causing such death by unlawful act or criminal neglect be not in procedure. custody, he must issue a warrant, signed by him with his name of

office, in one or more counties, as may be necessary, for the arrest of the person charged, which warrant may be served in any county; and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information; except, that when served in another county, it need not be endorsed by a magistrate of that county, and when such defendant is brought before said medical examiner, he may hold the defendant to answer or discharge him therefrom, in the same manner in all respects as upon a warrant of arrest on an information.

Duty of citizens to report deaths.

Arrest of persons

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