Office.

Business

when to commence.

Annual re

port.

Investiga

tion.

stockholder, to his own use, in any court having jurisdiction to that amount; but such suit shall be commenced within thirty days after the annual election of directors of said company.

S 11. The office for the transaction of the business of said company, shall be located in the city of New-York, and not elsewhere.

$ 12. It shall not be lawful for the said corporation to commence any business under this act, until the president and secretary of said corporation shall have made a deposition in writing, before the mayor or recorder of the city of New-York, and filed the same in the office of the clerk of the city and county of New-York, that the capital stock of the said corporation has been paid in, or secured to be paid, according to the provisions of this act; and every person guilty of wilful false swearing in the premises shall be subject to all the pains and penalties of perjury.

$ 13. It shall be the duty of the president and secretary of said company, on the first Monday of January in each year, to make a report of the state and situation of said 'company, shewing the amount of capital stock paid in, and the manner in which the same is invested or secured; how much thereof has been consumed and expended in the payment of losses sustained by said company, and how much is safe and unimpaired; the amount of liability incurred by said company, and of debts owing by them; the amount of premiums received, of dividends made, and of losses sustained during the preceding year; and the amount of surplus on hand, and the manner in which the same shall be invested or secured; which report shall be signed and sworn or affirmed to by said president and secretary, and filed in the office of the assistant register in chancery in the first circuit.

$ 14. It shall be lawful for the chancellor, or vice-chancellor, of the first circuit, whenever it shall appear proper, to cause the affairs and situation of said company to be examined into, and reported to said chancellor, or vicechancellor, by a master in chancery, or such other person as the said chancellor, or vice-chancellor, shall appoint; the expense whereof shall be determined by said chancellor, or vice-chancellor, who, in his discretion, may direct such expense to be paid by the company; but the provisions of this section shall not apply to any case of a complaint by any individual not being a stockholder in said company.

$15. The person thus appointed to make such exami- On oath. nation, shall have power to examine, under oath, the president and secretary, or other officers of said company, and the books, papers and vouchers thereof, in such manner as will best advance the purposes of such investigation. S 16. If, upon such investigation, it shall appear that the Duty of chansaid company have, in any respect, exceeded the powers hereby granted, or violated the provisions of this act, it shall be the duty of the chancellor, or vice-chancellor, to exercise toward said company the same powers and authority as are now by law conferred on the chancellor, in regard to banking incorporations.

cellor.

served.

$ 17. The legislature may at any time hereafter, alter, Rights re modify or repeal this act, or any of its provisions.

CHAP. 221.

AN ACT to renew the act for the preservation of the public health.

Passed April 25, 1833.

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

ed.

S 1. The act entitled "An act for the preservation of Act continuthe public health," passed the twenty-second day of June, one thousand eight hundred and thirty-two, is hereby renewed and continued in force for one year; but nothing herein contained shall be considered as imperative upon the officers mentioned in the fourth section of said act to organize a board of health, unless the public health shall require the same.

$ 2. All expenses incurred under the said act in the suppression or removal of nuisances which are strictly local, and which are at all times under the orders or control of the police of the several cities, incorporated villages and towns, shall be borne exclusively by such cities, villages and towns, but no allowance shall be made to the board of health, or any other person or persons in towns or incorporated villages, for the erection or rent of any building, except such as shall be erected or occupied for temporary purposes.

Expenses.

Saving

S3. Nothing contained in the said act shall be construed as a repeal of the Revised Statutes relating to the clanse. health officers of the cities of Albany and Hudson.

Let to be sold to cer.

CHAP. 222.

AN ACT authorising the commissioners of the land-office to sell the missionary lot (so called) in Westmoreland, Oneida county.

Passed April 25, 1833.

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

$1. The commissioners of the land-office are hereby tain persons. authorized to sell to Andrew I. Bell, Israel F. Goodwin, Abraham Hall, Gershom Wood, Joseph P. Cushman, Hart Gates and Dorothy Markham, according to the respective shares and proportions now owned or possessed by them, the missionary lot, so called, situate in Westmoreland, Oneida county, containing about three hundred and twenty acres, which said lot was granted by the state by an act passed May 5, 1786, to Samuel Kirkland, then a missionary among the Oneida tribe of Indians, in trust for any minister of the gospel who might thereafter for the time being be employed by the said Oneida Indians to preach the gospel among them, and which, in pursuance of an act of the legislature, passed February 4, 1822, was leased to the said Andrew I. Bell and others, upon such terms as the said commissioners shall think proper, but not for a less sum than the interest of which shall amount to at least the rents of said lot as now leased.

Saving clanse.

Oath by

$ 2. This act shall not be construed to alter or affect the rights of the said Indians, or of the people of this state.

CHAP. 223.

AN ACT authorizing the oaths of executors, administrators and collectors to be taken by officers other than the surrogate of the county of Suffolk.

Passed April 25, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

S1. The oaths required to be taken by an executor, by whom laken. the thirteenth section of article first, title second, chapter

sixth, part second, of the Revised Statutes, by an adminis trator or collector, by the forty-first section, article second of the same title, and by an executor or administrator, by the sixteenth section, article first, title third of the same chapter of the Revised Statutes, may be severally

taken and subscribed before any officer authorised to administer oaths, which oaths shall be filed in the office of the surrogate.

taken.

$ 2. No executor, administrator or collector shall be When to be authorised to act in any case until said oath of office shall be duly filed with said surrogate.

$ 3. The provisions of this act shall apply only to the suffolk. county of Suffolk.

CHAP. 224.

AN ACT altering the time of holding the court of common pleas and general sessions of the peace in the county of Warren.

Passed April 25, 1833.

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

S 1. The April term and sessions of the courts of com- April and mon pleas and general sessions of the peace of the county September of Warren shall be holden on the second Tuesday of April, and the September term and sessions of said courts shall be holden on the second Tuesday of September.

$ 2. An additional term of the said court of common February. pleas shall be holden on the second Tuesday of February, and another term of said court of common pleas shall be holden on the last Tuesday of June; but no jury shall be drawn or required to attend the said terms mentioned in this section.

of.

S3. This act shall take effect from the passage there- To take of

fect.

CHAP. 225.

AN ACT authorizing the appointment of an additional supreme court commissioner in the county of Westchester.

Passed April 25, 1833.

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

$1. There shall be appointed, in the manner now prescribed by law, an additional supreme court commissioner in the county of Westchester, who shall possess the powers of

a supreme court commissioner, as defined and limited in the second article of the second title of the third chapter of the third part of the Revised Statutes.

of.

$ 2. This act shall be in force from the passage there

Lot to be purchased.

Publie steck

CHAP. 226.

AN ACT for the erection of a court-house and jail in the county of Kings.

Passed April 25, 1833.

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

$1. A court-house and jail in and for the county of Kings, shall be erected in the village of Brooklyn, in said county; and Losee Van Nostrand, Joseph Moser and Peter Canover, shall be, and are hereby appointed commissioners to purchase or procure a suitable site or sites in said village, for the same; the title for which shall be taken in the name of the supervisors of the said county: A majority of said commissioners are authorised to act in the premises, and shall report their proceedings to the said supervisors, by whom they shall be paid for their services.

$ 2. For the purpose of erecting the said buildings, the to be created. said supervisors are hereby authorised to create a public stock to the amount of twenty-five thousand dollars, bearing an interest of five per cent per annum, transferable only on the books of the said supervisors: said stock shall be in shares of fifty dollars each, and the sum of two thousand dollars in addition to an amount sufficient to pay the interest of said stock shall be assessed, levied and collected annually, in said county, in the same manner and at the same time with other taxes, for the purpose of redeeming and paying off the said stock and the interest thereof, until the same shall be paid off and satisfied: and the credit and the public property of the said county, shall be, and is pledged for the payment of the said stock and the interest thereof, as aforesaid.

Building

S3. The said supervisors of said county, and the precommittee. sident and trustees of the said village of Brooklyn, or a majority of them, in a board assembled for that purpose, shall, within sixty days after the passage of this act, appoint a building committee consisting of five persons;