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reserved or taken, any greater suí, or greater value, for the loan or forbearance of any moncy, goods or other things in action, than is above prescribed, shall be void; but this act shall not affect such paper as has been made and transferred previous to the time it shall take effect.

§ 2. Whenever in an action at law the defendent shall witnesses. plead or give notice of the defence of usury, and shall verify the truth of his plea or notice by affidavit, he may, for the purpose of proving the usury, call and examine the plaintiff as a witness, in the same manner as other witnesses may be called and examined.

§ 3. Every person offending against the provisions of the offenders said title, or of this act, may be compelled :o answer on oath pealed.com any bill that shail be exhibited against him, in the court of swer chancery, for relief, or discovery, or both.

$ 4. Whenever any borrower of money, goods, or things Bills in in action, shall file a bill in chancery for relics or discovery, or both, against any violation of the provisions of the said title or of this act, it shall not be necessary for him to pay or offer to pay any interest or principal on the sum or thing loaned; nor shall'any court of chancery require or compel the payment or deposite of the principal sum or interest, or any portion thereof, as a condition of granting reliet or compelling or discovering to the borrower in any case, usurious loans forbidden by said title or by this act.

§ 5. Whenever it shall satisfactorily appear by the ad- Power or missions of the delendant, or by proof, that any bond, bill, chancery. note, assurance, pledge, conveyance, contract, security, or any evidence of debt, has been taken or received in violation of the provisions of caid title or of this act, the court of chancery shall declare the same to be void, and enjoin any prosccution thereon, and order the same to be surrendered and cancelled.

$ 6. Any person who shall directly or indirectly receive Punishment. any greater interest, discount or consideration than is prescribed in the said title, and in violation of the provisions of said title or of this act. shall be deemed guilty of a misde. meanor, and on conviction thereof, the person so offending shall be punished by finc not exceeding one thousand dol. lars, or imprisonment not exceeding six months, or both.

$7. It shall be the duty of all courts of justice to charge Courts to the grand jury especially to inquire into any violations of grand juries the provisions of the said title or of this act.

$ 8. Every plaintiff examined as a witness pursuant to Punishment the provisions of this act, or any defendant under the pro- swearing visions of this act, who shall swear falsely, shall upon conviction thereof suffer the pains and penalties of wilful and corrupt perjury; but the testimony given by any plaintiff, or the answer of any defendant, made pursuant to the said title or of this act, shall not be used against such person be

such person.

Repeal

fore any grand jury, or on the trial of any indictment against

$ 9. So much of title third, chapter fourth and part second of the Revised Statutes, as is inconsistent with the provisions of this act, is hereby repealed.

§ 10. This act shall take effect on the first day of July next.

Act to take effect.

Block to be assessed.

CHAP. 431. AN ACT to subject moneyed or stock corporations to assessment for highway labor.

Passed May 15, 1837. The People of the State of New York, represented in Senate and Assembly, do enacl as follows:

$ 1. In making the estimate and assessment of the residue of the highway labor to be performed in their town, after assessing at least one day's work upon each of the male inhabitants therein, above the age of twenty-one years, as provided in the sixteenth chapter of the first part of the Revised Statutes, entitled “Of highways and bridges," the commissioners of highways shall include among the inhabitants of such town, among whom such residue is to be apportioned, all moneycd or stock corporations, which shall appear on the last assessment roll of their town to have been

assessed therein. Notice to be § 2. Such corporations shall be notified to furnish the given to corporalivus. amount of highway labor assessed to them in the same man

ner as individuals residing in such town, by giving oral or written notice to the president, cashier, agents, treasurer, or secretary of such corporation, or any clerk or other officer thereof, at the principal office or place of transacting the business or concerns of the said company: which labor shall be perforined in such district or districts as the commissioners of highways of the town shall direct, and any number of days' work, not exceeding fifty, may be required

to be perforined, by any such corporation, in any one day. Corpora. § 3. Every such corporation may commute for the high

way labor assessed upon it, in the same manner and at the same rate as is allowed by law to individuals, or by paying such commutation to a commissioner of highways of the town: and the commutation money so paid may be expended by the commissioners of highways upon any district or districts in the town; and for that purpose the said commissioners shall be entitled to demand and receive from the overseers, to whom any such commutation may have been paid, the whole or any portion thereof; but in every case where any such corporation shall be located in any city, village or town, where by law the road tax is now payable

tions may commute.

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collected

in moncy, the road tax imposed on any such corporation
shall be paid in money, according to the provisions of the
several laws affecting said city, village or town.

§ 4. Such corporations shall be liable to the same penal- Penalties.
ties for every day's work required, and for every default of
any substitute sent by them, as is provided by law in the
case of individuals required to work on highways, which
shall be collected in the same manner, and paid over to the
commissioners of highways of the town, by the constable
collecting the same, and may be expended by them in the
same manner as herein provided for the commutation money
received from any such corporation. The summons issued
by any justice according to ibis act, may be for any number
of penalties incurred by any such corporation previous
thereto, and may be served in the manner provided by law
for the service of writs or summons issuing out of courts
of record against corporations.

§ 5. In case any such penalty cannot be collected as herc- How to be in provided, the commissioners of highways of the town may file a bill in the court of chancery against any such delinquent corporation for the discovery and sequestration of its property; whereupon the same proceedings shall be had as are provided by law for the collection of county taxes assessed against incorporated companies; and the chancellor shall possess the like powers in respect to the same: and the said com.nissioners may also recover such penaltics, or any number of them that may have been incurred, with costs, from such delinquent company in any court of record in this state.

$ 6. Whenever the assessors of any town shall have omissions omitted to assess any inhabitant or property in such town, rectified the commissioners of highways shall assess the persons and property so omitted, and shall apportion highway labor upon such persons or property in the same manner as if they had been duly assessed upon the last assessment roli.

$7. When by law the powers and duties of commission. Powers of ers of highways are conferred and imposed upon other offi- ers of highcers, they shall possess all the powers and perform all the ways. duties in this act conferred or enjoined upon such commissioners, and the assessments under it for the present year shall be made before the first day of July next, by the commissioners of highways.

$ 8. This act shall take effect imrnediately on its passage. Afi eo take

created

CHAP. 432.
AN ACT to provide for the construction of the Erie and

Cattaraugus rail-road.

Passed May 15, 1837. The People of the State of New York, represented in Se

nate und Assembly, do enact as follows : Corporation § 1. A!l persons who shall become stockholders pursuant

to this act, shall be, and they are hereby constituted a body corporate and politic, for the term of fifty years, by the name of “The Erie and Cattaraugus Rail-Road Company," for the purpose of constructing and maintaining a rail-road from the termination of the Aurora and Buffalo rail-road, in the village of Auroraville, Erie county, to some point on the Genesee and Cattaraugus rail-road, at or near the town of Yorkshire, Cattaraugus county, on such route as a majority of the directors of said company shall deem to be best adapted to the public accommodation; and may take, transport, carry and convey property and persons upon the same, by the power and force of steam, of animals, or any

mechanical power, or of any combination of them. Time limited § 2. If the said corporation shall not, within three ycars

from the passage of this act, commence the construction of the said road, and expend at least the sum of twenty thousand dollars thereon, and shall not, within six years from the passage of this act, finish the said road and put the same in operation, then the said corporation shall thenceforth forever cease, and this act shall be null and void.

3. The capital stock of the said company shall be two hundred thousand dollars, which shall be divided into shares of fifty dollars each; which shares shall be deemed personal property, and be transferred in such manner as the said corporation shall in its by-laws direct; and J. T. Lyman, Emery Wood, Lewis Gould, Richard Thornton, Lewis Marsh, E. M. Wasson, P. M. Vosburgh, G. W. Baker, Siephen Holmes, Martin Taber, P. P. Whitney and Rensselaer Lamb, shall be commissioners to receive subscriptions and distribute the stock.

§ 4 The corporation hereby created, shall possess and enjoy all the privileges and provisions which are granted to. and made in favor of, the corporation created by the act entitled “ An act to provide for the construction of a railroad from Attica to Buffalo," passed May 3, 1836, except so much as relates to taking lands without the consent of the owner or owners thereof, and shall be subject to all the conditions and restrictions which, by the act aforesaid, are imposed upon the corporation therein referred to, except as herein provided.

Block

General powers.

to vice-chancellor.

$5. Any application to be made to a vice-chancellor un- Application der this act, shall be made to the vice-chancellor of the circuit in which the land proposed to be taken shali be situated: All notices and meetings required in the act above referred to, shall be published and held in one of the counties through which the said rail-road hereby authorized, is to be made.

§ 6. The said corporation may receive a sum not exceed- Rate per ing five cents per mile, for the transportation of any passenger and his ordinary baggage.

inile.

CHAP. 433.
AN ACT for the relief of Keyes P. and Hyman J. Cool.

Passed May 15, 1837. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§. 1. The treasurer sha!! pay on the warrant of the comp- Damages to troller, to Keyes P. and Hyman J. Cool, the sum of four hundred and ninety-eight dollars, in full of their claim against the state, for damage done to their canal boat and cargo, in one of the locks on the Glen's-Falls feeder, on the fourth day of June, eighteen hundred and thirty-six

§ 2. This act shall take effect immediately on the pas- Act to take

sage thereof.

CHAP. 434. . AN ACT to provide for the construction of a rail-road from Coisackie to Schenectady.

Passed May 15, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. All persons who shall become stockholders pursu-, Corporation ant to this act, shall be and they are hereby constituted a bod v politic and corporate for the term of fifty years, by the name of the “Coxsackie and Schenectady Řa:l-Road Company,” for the purpose, of constructing and maintaining a rail-road either with a single, double or quadruple rail-road or way, between Coxsackie-and the city of Sche, nectady; to commence at a point upon the Hudson river, in the town of Coxsackie, in the county of Greene, between the ship-yard of William Mahew and Cuyler's point, in said town, and terminate in the city of Schenectady, on

created

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