judge proper; for appointing the times and places of electing officers; for the admiffion of new members of the faid corporation, and the terms, conditions and manner of fuch admiffions, and the amount of the fums which each member fhall contribute to the funds of the corporation, and the time and manner of, paying the fame, and alfo for the management, difpofition and application of the property, estate, effects and funds of the faid corporation, for the purpofe of carrying into effect the objects thereof, and for fixing the times and places of the meetings of the corporation, and the manner of conducting the proceedings of fuch meetings, and touching the duties and conduct of the officers of the corporation, and for impofing penalties for breaking or violating any fuch bye-laws, rules, ordinances or regulations, and alfo fuch other matters as appertain to the bufinefs, end and purposes for which the faid corporation is by this act.conftituted, and for no other purpofes whatfoever: Provided always, That fuch bye-laws, rules, ordinances and regulations, and the penalties impofed for the violating any of them, be not repugnant to the conftitution and laws of the United States or of this state. VI. And be it further enacted, That whenever any member of a the faid corporation fhall violate and break any of the bye-laws, rules, ordinances and regulations, fo made as aforefaid, or shall become liable to any penalty inpofed by any fuch bye-laws, rules, ordinances or regulations, and fhall neglect or refufe to pay the fame, it shall and may be lawful in every fuch cafe, for the faid corporation to expel fuch member from the faid corporation, or to profecute at law for the recovery of the faid penalty: Provided always, That no member fhall be expelled otherwife than by the votes of two thirds of all the members prefent, at one of the flated meetings of the faid corporation, and when a majority of all the members fhall attend. VII. And be it further enacted, That every member expelled 9 from the faid corporation, fhall for ever thereafter be deprived from having or receiving any benefit or advantage whatsoever from the funds, property or estate of the faid corporation, and that all payments and advances made by fuch member to the funds of the faid corporation fhall be forfeited to the fame. VII. And be it further enacted, That this act is hereby declared to be a public act, and that the fame be conftrued in all courts favorably for every beneficial purpose therein intended. Whereas the chamber of commerce of the city of New-York have, by their refpectful memorial to the legiflature, expreffed apprehenfion that the bill paffed both houfes of the legiflature at the prefent feffion, entitled "An act to restrain unincorporated banking affociations," may be fo conftrued as to fubject individuals to inconvenient restrictions in their ufual commercial bulinefs and purfuits. Therefore, for the removal of those apprehenfions, IX. Be it enacted and declared, That nothing in the faid bill con- 10 tamed, fhall be deemed or conftrued to prevent any perfon, asfociation or company, from tranfacting or pursuing any bufinefs other than fuch as companies or banks, incorporated for the ex 11 prefs purpose of banking, ufually do or tranfact, nor fhall any thing in the faid act contained, be deemed or conftrued in any manner or way to affect the incorporation in the city of New York, created by virtue of an act, entitled "An act for fupplying the city of New-York with pure and whole fome water." 1 Stage Waggons. 4. Fare regulated. CHA P. XXXVII. 9. Passengers, number allowed to be carried at one time. 2. Penalty on persons establishing stages on this route unauthorized. 11. Private Carriages, travelling in, permitted. 1. Right granted, how long to continue. 6. To cease in case of the wilful neglect of the grantees. 5, 7. 8. 10. In what time to perform the route. An ACT granting to Levi Stephens and Jason Parker, the exclusive Right for a certain Term of running Stage Waggons between the Village of Canandaigua and the Village of Utica. I. BE Paffed March 31ft, 1804. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That Levi Stephens and Jafon Parker, their executors, administrators and affigns, fhall have, poffefs and enjoy for the term of feven years, from the first day of June next, the fole and exclufive right of erecting, running and driving during the term aforefaid, fuch and fo many ftage waggons from and to the village of Canandaigua, and the village of Utica aforefaid, on and along the Genefee road or Seneca turnpike, as may be fufficient to accommodate fuch a 2 number of paffengers as may from time to time apply; and that it fhall not be lawful for any other perfon or perfons during the term aforefaid, to erect or establish a stage or line of ftages on faid route, under the penalty of five hundred dollars, to be recovered by the faid Levi Stephens and Jafon Parker, their executors, adminiftrators or affigns to their own ufe, together with cofts, by an action of debt, in any court of record having cognizance thereof. 3 11. And be it further enacted, That the faid Levi Stephens and Jaton Parker, their executors, administrators and affigns, fhall furnish and provide at least four good and fufficient covered ftage waggons or fleighs, with fufficient horfes, to run between the places aforefaid; and that the fare to be paid by each paffenger, thall not exceed five cents for every mile, with the liberty to every fuch paffenger of taking with him in fuch carriage fourteen pounds weight of baggage, and that for every one or hundred and fifty pounds weight of baggage over and above fuch fourteen pounds weight of baggage as aforefaid, the fum of five cents for every mile fhall be paid, and fo in proportion for any greater or lefs quantity; and that such stage waggon, waggons or fleighs, fhall proceed at least twice in every week, during the faid term on the line aforefaid: Provided always, 6 That if the faid Levi Stephens and Jafon Parker, their executors, administrators or afligns, fhall wilfully neglect or refufe to perform the duties aforefaid, according to the true intent and meaning of this act, that in fuch cafe this act fhall ceafe, and the right and privilege hereby granted fhall be null and void. III. And be it further enacted, That the faid Levi Stephens 7 and Jafon Parker, their executors or administrators, fhall uniformly start the faid ftage, and proceed upon days ftated and. appointed for that purpofe; and fhall for all the time in each year, between the first day of June, and the first day of October, perform and accomplish the faid route between the villages aforefaid, within forty-eight hours (unavoidable accidents excepted) from and after the time fo as aforefaid appointed and ftated, for the starting and proceeding of the said stage; and 9 that they shall not take into the said stage at any one time, more than feven grown paffengers with their ufual travelling baggage, to be conveyed upon the faid road without the unanimous confent of the faid feven paffengers; and whenever a 10 greater number of perfons than feven fhall apply for paffage, and cannot be accommodated as aforefaid, if to the number of four grown perfons, the faid Levi Stevens and Jafon Parker, their executors or adminiftrators, fhall immediately fit out and start an extra ftage, covered and convenient for the conveyance and accommodation of ftage paffengers, and which faid extra ftage shall be subject to all the rules and regulations of the faid principal stage; and if at any time any perfon or number of perfons lefs than four, who cannot be accommodated by a paffage in the faid principal ftage, and fhall apply for an extra paffage for any distance more than ten miles upon the faid road, and fhall at any ufual stage houfe in the faid villages of Utica. and Canandaigua, offer the fare for four paffengers at fix cents per mile, then and in fuch cafe it fhall be the duty of the proprietors of the faid ftage, immediately to fit out and ftart an extra Aage as aforefaid, for the accommodation of the faid perfon or perfons applying for paffage as aforefaid: Provided al ways, IV. And be it further enacted, That nothing herein contained 11 fhall be conftrued to prevent or reftrain any perfon or perfons from travelling upon the faid road in private carriages. Bb Banks. CHA P. XXXIX. CONTENT S. 1. Comptroller, to invest certain monies in state bank stock. 6. ---- Authorized to borrow monies. 2. Dividends, compt. to draw warrants in favor of the treasurer for. 8. Governor, his duty in case of a vacancy in the office of treasurer. 3. Shares, to be subscribed on behalf of the state, number limited. 9. Transfer of stock in the state bank, how to be made. 7. Treasurer, his office becoming vacant, who to perform his duties. 10. Certain parts of acts relative to the office of, repealed. 5. Treasurer's Accounts with state bank, monthly statements of, to be procured by the comptroller. 4. State Bank, a deposit for monies received into the treasury. An ACT to authorize the Comptroller to subscribe on the Part of this State, to the Stock in the New-York State Bank, and for other Purposes. I. BE Paffed March 31ft, 1804. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the amount of fuch fums of money as have been paid into the treafury fince the eighth day of January, one thoufand eight hundred and three, and fhall hereafter be paid into the treasury by perfons indebt. ed to the people of this ftate by mortgage, for or on account of principal money due thereon; and alfo the amount of all fuch fums as fhall be paid on account of principal and interest of monies loaned by virtue of an act paffed the eighteenth of April, one thoufand feven hundred and eighty-fix, fhall, from time to time, be invefted by the comptroller, on behalf of the people of this ftate, in the ftock of the New-Yoak ftate bank; for which purpose he is hereby authorized and required, at fuch times as he hall deem expedient, to fubfcribe, in the name and on behalf of the people of this ftate, for fo many fhares of the faid flock as the monies fo paid fhall amount to, and to draw warrants on the treasurer, who fhall pay the fame out of any 2 monies in the treafury: And it is hereby made the duty of the comptroller, from time to time, to draw warrants in favour of the treasurer for the dividends and profits of the faid fhares : 3 Provided, That the number of fhares to be fubfcribed by virtue of this ac fhall not exceed four hundred. 4 II. And be it further enacted, That the New-York state bank fhall be the place of depofit for all monies which may at any time hereafter be in the treafury of this ftate, except fuch fums as may be depofited to the credit of the treasurer in the bank of 5 New-York, any law to the contrary notwithstanding: And it fhall be the duty of the comptroller to procure from the books of the faid bank, monthly ftatements of the monies which shall be received into and paid out of the fame on account of the treafurer of this state. III. And be it further enacted, That the comptroller be and 6 he is hereby authorized to borrow monies of any of the banks of this ftate in which the ftate fhall hold flock, whenever the fituation of the treafury fhall render it neceffary, to fatisfy legal demands on this state, and which by law are directed to be paid; and he shall draw his warrant on the treasurer for the amount of fuch loans, and the interest thereon, to be paid out of the first unappropriated money which fhall be in the treasury. IV. And be it further enacted, That in cafe of the death or in- 7 ability of any treasurer to execute his office during the recefs of the legislature, or in cafe the perfon adminiftering the government of this ftate fhall declare the office of treasurer vacant, purfuant to the second section of the act entitled "An act to appoint a treasurer, and to amend the act, entitled "An act relative to the office and duties of the treasurer of this ftate," paffed 8th February, 1803, then and in fuch cafe it fhall be lawful for the prefident, directors and company of the New-York ftate bank to execute the office of treasurer in respect to the receiving and paying money, in the fame manner as the treasurer of this ftate is or fhall be authorized and directed to do by law, until other provifion be made; and the perfon adminiftering the government of & this ftate fhall, by proclamation, give public notice of fuch death, inability or vacancy. V. And be it further enacted, That no transfer of stock in the 9 New-York ftate bank, hereafter to be made, fhall be valid or effectual until fuch transfer fhall be entered or registered in a book or books to be kept for that purpose by the directors, and unles the perfons making the fame fhall previously discharge all debts due by him or her to the faid corporation which exceed in amount the refiduary stock of fuch perfon. VI. And be it further enacted, That the third fection, and fo 10 much of the fifth fection of the act, entitled "An act relative to the office and duties of the treasurer of this ftate," paffed 20th March, 1801, as relates to the bank of Albany, and the third fection of the act, entitled "An act to appoint a treasurer," and to amend the act, entitled "An act relative to the office and duties of the treasurer of this ftate, and for deftroying certain bills of credit," paffed 8th February, 1803, and fo much of the fecond fection of the faid laft mentioned act as refpects the execution of the duties of the treasurer by the prefident, directors and company of the bank of Albany, fhall be and hereby are repealed. 1. CHA P. CXVII. An ACT to restrain unincorporatet Banking Associations. B E it enacted by the People of the State of New-York, represen ted in Senate and Assembly, That from and after the paffing of this act, no perfon unauthorized by law fhall fubfcribe to or become a member of any affociation, inflitution or company, or proprietor of any bank or fund for the purpofe of iffuing notes, |