that designated in the license. If it be desired to remove the office or the place of business to another place in the same county and in the same city, town or village, the supervisor of small loans shall, on application, indorse on the license a transfer to the new office or place of business, with the date of such transfer, and from the time of such indorsement the name and place so designated shall be deemed the place named and designated in the license. No additional fee shall be exacted for such indorsement. § 59-b. General powers and duties of supervisor respecting licenses. The supervisor of small loans shall 1. Have power to investigate all complaints made against every person, firm or corporation licensed pursuant to this article, for the purpose of ascertaining whether the laws of the state in respect to the transaction of such business or regulating the interest chargeable by such licenses are being complied with; 2. Have power to take proof and testimony in relation to any matter subject to investigation by him; 3. Notify the proper prosecuting officer of violations of this article that come to his attention, and act as complainant in the prosecution thereof; 4. Report annually, on or before January fifteenth, to the state comptroller, in relation to the conduct of his office during the preceding calendar year, stating particularly every investigation made by him and every violation of the laws of the state that shall have come to his attention, and recommending such legislation as he deems advisable in respect to the business of persons, firms and corporations subject to investigation by him. $59-c. Loans. A person, firm or corporation, licensed under this article, shall not make a single loan in excess of the amount of two hundred dollars, or more than one loan to any individual, firm or corporation, unless all prior loans made to such individual, firm or corporation shall have been paid in full. At the time a loan is actually made, the person, firm or corporation making the same shall deliver to the borrower a duplicate copy of every assignment, promissory note, chattel mortgage, confession of judgment, power of attorney or other paper or document signed by the borrower, relating to such loan. If this be done an assignment of salary or wages need not be filed with the employer or employers by whom such salary or wages is to be paid. Upon the repayment of a loan in full, every paper signed by the borrower shall be returned to the borrower, destroyed in his pres ence, or his signature torn from each of such papers and returned to him. No assignment of salary or wages or order for the payment thereof shall be valid for a period exceeding one year from the making of such assignment, and not exceeding ten per centum of a borrower's monthly salary or wages shall be collectible under such an assignment or order, if the amount of the loan be not paid in accordance with the terms thereof. § 59-d. Interest on loans; investigation fees. No person, firm or corporation licensed under this article shall, directly or indirectly, charge or receive for the use and sale of his personal credit or for making any advance or loan of money either wholly or partly in anticipation of salary or wages due or to be earned whether secured by a bill of sale or assignment of salary or wages, power of attorney, promissory note, confession of judgment or bona fide chattel mortgage, a greater sum than at the rate of three per centum per month if the amount of the loan be fifty dollars or less; two and one-half per centum per month if the amount of the loan be over fifty dollars and not more than one hundred dollars; two per centum per month if the amount of the loan be over one hundred and not more than two hundred dollars; but such firm, person or corporation may charge a fee for investigating the status of an applicant for such loan or advance to establish his credit or for the examination of valuation of property, the examination of title, drawing, registration and recording papers, acknowledgments, affidavits, insurance or any other expense of any kind connected with such loan, not exceeding one dollar if the loan or advance be twenty-five dollars or less, not exceeding one dollar and fifty cents if the loan or advance be over twenty-five dollars and not to exceed one hundred dollars, not to exceed two dollars and fifty cents if the loan or advance be over one hundred dollars and not to exceed two hundred dollars. If after investigation an application for loan be rejected, one-half of the investigation fee shall be returned to the applicant, upon demand. 59-e. Regulations respecting the making of loans. Interest or charges must not be deducted when a loan is made. It shall not be lawful in any manner or under any pretense whatever to divide or split up a loan, either directly or indirectly, for the purpose of exacting or receiving any charge, cost or expense of any kind in addition to or in excess of that authorized by this article. 859-f. Actions, where brought. An action brought to enforce a contract, assignment or a note, given by a borrower for money loaned by licensee under this article shall be brought within the 859-h. Penalties. Any violation of this article shall be a misdemeanor punishable by a fine not to exceed one hundred dollars and any loan or loans made in connection with such violation shall be void and unenforceable. If a licensee be convicted of a second offense his license shall be deemed revoked from the date of such conviction, and any loan or loans made in connection with such second violation shall be void and unenforceable and another license shall not be issued to the same person, firm or corporation within one year. The discounting or indorsing of notes by a person, firm or corporation, not exempt from the provisions of this article, engaged in such business without a license, or receiving or exacting a greater interest, charge. fee or remuneration than six per centum on loans of less than two hundred dollars shall be deemed an evasion of the provisions of this article and constitute a misdemeanor, punishable by a fine of not more than one hundred dollars, and any such loan or loans made in connection therewith shall be void and unenforceable. A loan or advance upon security of an assignment of salary or wages either earned or to be earned, or made on chattels, promissory note, bill of sale or confession of judgment after the sixtieth day from the date when this article takes effect by any person, firm or corporation, engaged in the business of loaning money in sums less than two hundred dollars, at a rate exceeding the legal rate of six per centum per annum shall be null and void, unless such person, firm or corporation shall have procured a license as required by this article; and such unlicensed money lender shall forfeit both the principal and the interest on such loan or advance. § 59-i. False statements by borrower. If an applicant for a loan or advance from a licensee under this article makes a false statement in writing to the licensee in reference to the amount of salary or wages received by him or in reference to his title to personal property mortgaged to secure such loan or advance, he shall be guilty of a misdemeanor, punishable by a fine of not more than one hundred dollars, or six months' imprisonment or both. § 59-j. Application of article. This article shall not apply to licensed pawnbrokers, nor to personal loan associations authorized to transact business under article ten of the banking law, nor to individual or private bankers, or corporations incorporated under or subject to the banking law, nor to any transactions with such bankers or corporations, nor to loans made by manufacturers or merchants to their customers and secured by chattel mortgages or conditional sale agreement. 59-k. Limitation of usury law. The provisions of any other statute limiting the amount chargeable for the loan or forbearance of money or loan of credit, or prescribing the punishment for exacting, demanding or receiving usurious interest shall not apply to any person, firm or corporation licensed under this article. § 2. This act shall take effect immediately. Chap. 580. AN ACT to amend chapter five hundred and seventy of the laws of nineteen hundred and nine, entitled "An act to establish the city court of Buffalo, defining its powers and jurisdiction. and providing for its officers," in relation to trial by jury. Became a law May 17, 1913, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: L. 198, Section 1. Section forty-one of chapter five hundred and seventy of the laws of nineteen hundred and nine, entitled "An act to $41. amended. establish the city court of Buffalo, defining its powers and jurisdiction and providing for its officers," is hereby amended to read as follows: 41. Jury trial; demand of; waiver of. At the time of the joinder of an issue of fact, or upon the first adjourned day thereafter, either party may demand a trial by jury, and unless so demanded, a jury trial is waived. The party demanding the trial by jury shall forthwith pay to the clerk, the sum of five dollars. Either party may demand a jury of twelve men and shall forthwith pay to the clerk the sum of ten dollars. In default of such payment the court shall proceed as if no demand for trial by jury had been made. In all actions where the original trial was had by jury all subsequent trials shall be by jury without the payment of a jury fee. When a jury trial is demanded, the trial of the case may be adjourned by the court for such time as it deems reasonable and proper. The party paying to the clerk the sum required to secure a jury trial shall have the same returned to him by said clerk whenever the case is disposed of without summoning a jury. 1 § 2. This act shall take effect immediately. L. 1909, ch. 570, § 55 amended. Chap. 581. AN ACT to amend chapter five hundred and seventy of the laws of nineteen hundred and nine, entitled "An act to establish the city court of Buffalo, defining its powers and jurisdiction and providing for its officers," in relation to appeals. Became a law May 17, 1913, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section fifty-five of chapter five hundred and seventy of the laws of nineteen hundred and nine, entitled "An act to establish the city court of Buffalo, defining its powers and jurisdiction and providing for its officers," is hereby amended to read as follows: 1 Following sentence new. |