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and others,

to excute a

deed.

СПАР. 49.

AN ACT for the relief of Louisa Troup, and others.
Passed May 16, 1837.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

Lonisa Troup 1. Louisa Troup, Jennet Troup, James L. Brinkerhoff and Charlotte Brinkerhoff, are hereby authorized to convey to George Pettit a tract of laud in the town of Fabius bounded and described as follows, to wit: Being part of lot number thirty-three in the original military township of Fabius, beginning at the southwest corner of a tract of fifty acres, sold for defraying the expense of surveying the said lot number thirty-three, and running thence along the said fifty acres, north twenty-two chains and thirty-six links; and east twenty-two chains and thirty-six links; thence north nine chains and twenty-seven links; thence west thirty-one chains and sixty-three links; thence south thirty-one chains and sixtythree links; and thence east nine chains and twenty seven links, to the place of beginning, containing fifty acres. as the same was atcuted by the state to Robert Troup, deceased, by letters patent, bearing date the sixteenth day of Septem ber, seventeen hundred and ninety-five; by a good and sufficient deed in pursuance of the contract entered into on the fourteenth day of August, in the year eighteen hundred and thirty-three, between Robert R. Troup, Louisa Troup, James L. Briukerhoff, Charlotte Brinkerhoff and Charles G. Troup, of the first part, and George Pettit, of the second part, for the sale and conveyance of the said premises, which deed shall be as valid and effectual in ali respects to convey the title to the said land, as it would have been had it been executed by the original parties to the said con

Art to take effect.

tract.

§ 2. This act shall take effect on the passage thereof.

CHAP. 450.

AN ACT suspending for a limited time certain provisions of law, and for other purposes.

Passed May 16, 1837.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

Provisions of § 1. Every provision of law in force, requiring or au thorizing proceedings agamst any bank in this state, with a view to forfeit its charter, or wind up its concerns, or which

law suspend ed for one year.

requires such bank to suspend its operations and proceedings, in consequence of a refusal to pay its notes or evidences of debt in specie, is hereby suspended for one year. But such suspension shall not apply to any bank which shall, during said time, refuse to receive in payment of debts due to such bank the bills or notes of any other bank subject to the provisions of this act, and against which an injunction has not been granted.

costs.

2. In any suit prosecuted against any such corporation, Amount of or individual stockholder, within the period aforesaid, for non-payment of its debts in specie, no costs shall be recoverable by the party prosecuting, unless the amount of the debt or damages recovered shall be such as would entitle the plaintiff to costs were the judgment against a natural person; and every issue of law or fact joined in such suit shall be brought to trial according to the same rules as apply to other issues joined in the court where the suit is pend ing, notwithstanding the provisions of section eleven of title four, chapter eight of the third part of the Revised Statutes; and the provisions of sections eight, nine and ten of title four, chapter eight of the third part of the Revised Statutes, shall not be applicable to such suits.

bills or notes

lated.

§ 3. The amount of notes or bills issued and in circula- Amount of tion of the several banks of this state, shall not hereafter to be issued exceed the following amounts respectively: those having and circu capitals to the amount of one hundred thousand dollars, a circulation of one hundred and fifty thousand dollars; those having capitals to the amount of one hundred and twenty thousand dollars, one hundred and sixty thousand dollars; those having capitals to the amount of one hundred and fifty thousand dollars, one hundred and seventy-five thousand dollars; those having capitals to the amount of two hundred thousand dollars, two hundred thousand dollars; those having capitals to the amount of two hundred and fifty thousand dollars, two hundred and twenty-five thousand dollars; those having capitals to the amount of three hundred thousand dollars, two hundred and fifty thousand dollars; those having capitals to the amount of four hundred thousand dol lars, three hundred thousand dollars; those having capitals to the amount of five hundred thousand dollars, three hundred and fifty thousand dollars; those having capitals to the amount of six hundred thousand dollars, four hundred and fifty thousand dollars; those having capitals to the amount of seven hundred thousand dollars, five hundred thousand doilars; those having capitals to the amount of one million of dollars, to eight hundred thousand dollars; those having capitals to the amount of one million four hundred and ninety thousand dollars, one million of dollars; those having capitals to the amount of two millions of dollars, one million two hundred thousand dollars. But in all cases where a

Dividends.

Specie not to be sold

balks.

bank has a branch located at another place, that portion of the whole capital actually employed at each place of business, shall be taken and deemed the capital thereof, under the provisions of this section.

§4. No such corporation shall, directly or indirectly, divide or pay to or among its stockholders, or to any person for them, any dividends, interest or profits whatever, until it shall resume the payment of its notes, and evidences of debt, in specie.

§ 5. No bank, or officer or agent of a bank, shall, during baby the suspenson of specie payments by such bank, directly or indirectly, seil. dispose of or part with at a premium, the specie of such bank, or any gold or silver bullion belonging to such bank, and it is hereby made the duty of the bank commissioners to see that the foregoing provision is faithfully complied with; and in case of the violation thereof, said commissioners are required to make and file with the secretary of state a certificate of such violation, and from thenceforth the bank so certified to have violated the aforesaid provision shall be deprived of all benefits proffered by this act, and said commissioners shall forthwith proceed to wind up the concerns of such bank.

Banks to make monthly re

turns.

Bank fund.

Condition as

to certain banks.

Duty of bank

commissioners.

6. Each of the said banks shall transmit monthly to the bank commissioners, at the office of the secretary of state, a statement of its condition, in such form as they shall prescribe, abstracts of which statements shall be published by said commissioners in the state paper.

§ 7. No part of the income of the "bank fund” shall be paid by the comptroller to the corporations by which the said fund was created, until they shall have resumed the payment of their debts in specie.

8. This act shall not take effect in favor of any bank not subject to the act, entitled "An act to create a fund for the benefit of the creditors of certain moneyed corporations, and for other purposes," passed April 2, 1829, unless such bank shall signify its assent to the provisions of this act, and the provisions of the act last above mentioned and referred to, so far as regards the visitation of the bank commissioners to ascertain the extent of their issues; and their transactions in the sale of specie or bullion; nor unless such bank shall assent that the legislature may hereafter modify or repeal the act incorporating suck bank, or any acts in amend inent thereof; which said assent shall be given within ten days, by an agreement under its corporate seal, to be deposited with the secretary of state.

§ 9. Notwithstanding the provisions in this act contained, it shall be and is the duty of the bank commissioners to take prompt and efficient steps, according to the law now in force, to forfeit the charter and wind up the concerns of

any bank, which they shall find to be in dangerous or insolvent circumstances

effect.

§ 10. This act shall take effect immediately, and shall Act to take continue in force for one year, excepting the third and eighth sections thereof, which shall continue in force until repealed.

CHAP. 451.

AN ACT in relation to the canals.

Passed May 16, 1837.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

engineers.

§ 1. Either of the acting canal commissioners may draw Drafts for upon the commissioners of the canal fund for any sum to be payinent of advanced to an engineer to meet the expenses of the engineer department; and if the bond of said engineer shall have been duly filed in the office of the comptrolier, and a receipt of the engineer for such draft shall also be filed in the same office, it shall be the duty of the commissioners of. the canal fund to pay the draft; provided the advances to an engineer unaccounted for, shall at no time exceed the sum of five thousand dollars.

execute

bond.

§ 2. Before any advance shall be made to an engineer, he Engineer to shall execute and file in the office of the comptroller, a bond to the people of this state, for the faithful expenditure of the moneys which shall be entrusted to him, in such penalty and form as the canal board shall direct, and with such sureties as the comptroller shall approve: upon which said bond the said engineer and his suretics shall be responsible to the state for moneys advanced to him as aforesaid.

once in 90

days.

§3. Such engineer shall, as often as once in ninety days, To account render his account to the comptroller, who shall audit the same; and if he shall omit to render his account, or his accounts as rendered be not satisfactory, the comptroller shall notify the canal commissioners and the commissioners of the canal fund thereof; and no further advances of money shall be made to such engineer.

be certified

er.

§ 4. Before any engineer's account for expenditures shal. Accounts to be presented to the comptroller, the canal commissioner by a canal having charge of that part of the canal on which such en-commissiongineer is employed, shall certify on such account that he has examined the same; that the several disbursements spccified therein were made under his direction on the canal, or for payments necessary to be made thereon; and that he believes such disbursements to be proper and reasonable, and to have been made as charged.

Canal board may

penalties.

nals evi

to land.

§ 5. The canal board shall have power to modify or reDeduce any of the penalties imposed by article seven, of chapter nine, title nine of the first part of the Revised Statutes. Maps of ca. 6. The original maps of the canals of this staic, which dence of title purport to have been made and completed under and in virtue of the first article of title nine chapter nine of the first part of the Revised Statutes, which said maps are now filed in the office of the comptroller; and such maps of said canals as hereafter shall be made, completed, approved, signed, certified and filed under and in virtue of the act referred to, are hereby declared to be presumptive evidence that the lands indicated on said maps as belonging to the state, have been taken and appropriated by the state as and for the canals; and a transcript from any such maps, certified as required by the act referred to, shall be of equal effect with the original.

dent to make estimate.

Superinten. § 7. Before any advance of money shall be made to a superintendent of canal repairs by the commissioners of the canal fund, he shall make out a detailed statement, in such form as the said commissioners shali prescribe, of the soveral anticipated objects of expenditure on the line of canal under his charge.

To be certified and filed

Act to take effect.

Land released to Mary Cook and

§ 8. If the said estimate shall be filed in the office of the comptroller, with the certificate thereon of the acting canal commissioner, stating that in his opinion, the whole amount or if less than the whole amount, what portion of the said estimate should be advanced, the commissioners of the canal fund may make advances on the same, in such sums, and as often as they may deem necessary: provided such advances shall not exceed the amount certified by the commissioner.

§ 9. This act shall take effect on the

CHAP. 452.

passage thereof.

AN ACT for the relief of Mary Cook and Sally Cook.

Passed May 16, 1837.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. All the right, title and interest of the people of this state to the following described lands, which were conveyBally Cook. ed to Robert Cook, late of the town of Villanovia, in the county of Chautauque, decensed, to wit: The southwest part of lot number eleven, in the fifth township and tenth range of townships, according to certain maps and surveys made for the Holland land company, by Joseph Ellicott, excepting one acre and eight rods on the southwest corner of said

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