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ART. 3.

bond, bill, note or other security given for such loan or forbearance, or for any counter bond, bill, note, or other security concerning the same.

The provisions of this Title, with some variations, are taken from 1 R. L.,

65, § 3 & 4; 6 B., 178. $ 2. Every person who shall pay, deliver, or deposit any Excess may monty, property, or thing in action, over and above the rate bd Bacho aforesaid, and his personal representatives may, within one year after such payment, delivery or deposit, sue for and recover the same of the person so taking or receiving such money, property, or thing in action, or of his personal representatives.

$ 3. In case such suit shall not be brought within the time When overabove prescribed, in good faith, or in case it shall be discon- poor may tinued, or wilfully delayed, then the overseers of the poor excess. of the city or town where the offence was committed, may, within one year after such neglect, discontinuance, or delay, sue for and recover the money, property, or thing in action, so received, delivered, or deposited, from the person receiving the same, or his personal representatives, for the use of the poor of the county.

S 4. Every person who shall be liable to be sued by virtue Discovery, of the foregoing provisions, shall be obliged and compellable pelled. to answer upon oath, any bill that shall be preferred against (710) him in the court of chancery, for discovering the money, property or thing in action so illegally received, and may be compelled by the decree of such court to return the same.

$ 5. Upon the discovery of the money, property, or other Discovery: thing so illegally received, and the repayment and return onerato thereof, with the payment of the costs of such suit, the person ther pop

alty. making such discovery and return shall be acquitted and discharged from any other punishment, forfeiture or penalty, which he may have incurred by reason of having so illegally received such money, property, or other thing so discovered and returned.

ARTICLE SECOND.

OF STOCK-JOBBING.
Soc. 6, 7, 8, constituting the whole of this article repealed by Laws of 1858, ch. 134. Post,
vol. 4, p. 110.

ARTICLE THIRD.

OF PAWNBROKERS.
SEC. 9. Pawnbroking for more than legal interest, unless licensed, prohibited.

10. When search warrant to issuo for property pledged with pawnbroker.
11. Posters of constable in executing such warrant.

[711] 12. Property seized to be restored, or delivered to claimant on giving bond. 13. Penalty and condition of bond to be given by claimant.

$ 9. No person shall carry on the business of a pawnbroker, Pawnbroby receiving goods in pledge for loans at any rate of interest hibited.

except in cities.

Search war. rants for property pawned.

How to be executod.

TITLE 20. above that allowed by law, except in those cities where by

their charters the corporations have the power of licensing such pawnbrokers. A violation of this provision shall be deemed a misdemeanor.

$ 10. Whenever any person shall make oath before any justice of the peace, police justice or assistant justice, that any property belonging to him has been embezzled or taken without his consent, and that he has reason to believe and suspect, and does suspect that such property has been pledged with any pawnbroker, such justice, if satisfied of the correctness of such suspicions, shall issue his warrant, directed to any constable of the city or place, commanding him to search for the property so alleged to have been embezzled or taken, and to seize and bring the same before such justice.

$ 11. The constable to whom any such warrant shall be directed and delivered, shall have the same power to execute the same, and shall proceed in the same manner as in the case

of a search warrant issued upon a charge of larceny. Property

$ 12. Upon any property so seized by virtue of such wardisposed of. rant, being brought before the magistrate who issued the

same, he shall cause such property to be delivered to the person so claiming to be the owner thereof, on whose application the warrant was issued, on his executing a bond as herein after directed; and if such bond be not executed within twentyfour hours, such justice shall cause the said property to bo

delivered to the person from whose possession it was taken. Bond to be $ 13. Such bond shall be in a penal sum equal to double the given by claimant. value of the property claimed, with such surety as the justice

shall approve, to the person from whose possession the property was taken, with a condition that the person so claiming the same will on demand pay all damages that shall be recovered against him in any suit to be brought within thirty days from the date of such bond, by the pawnbroker from whose possession the said property was taken.

seized, how

TITLE XX.
OF UNAUTHORISED BANKING, AND THE CIRCULATION OF CER-

TAIN NOTES OR EVIDENCES OF DEBT ISSUED BY BANKS.
Sec. 1. Associations for certain banking purposes, prohibited.

2. Penalty for subscribing, becoming member or interested. 3. Unauthorized corporations prohibited from banking. 4. Penalty for violating last section. 5. Loans made contrary to former sections, void. 6 & 7. Penalty on unauthorised persons engaging in banking operations. 8. Circulation of bank bills under one dollar, prohibited. 9. Penalty, low and in what time to be sued for. 10. Bank bills payable otherwise than in money, not to be circulated. 11. Penalty, in what time and how to be sued for. 12. Bank bills receivable for debts, to be deemed promissory notes. 13. Penalties, how to be sued for and applied. $1. No person unauthorised by law, shall subscribe to, or

(712)

Associations for

TITLE 20. certain

become a member of, or be in any way interested in, any association, institution or company, formed, or to be formed banking for the purpose of receiving deposits, making discounts or prohibited. issuing notes or other evidences of debt, to be loaned or put in circulation as money; nor shall any person unauthorized by law, subscribe to or become in any way interested in, any bank or fund created, or to be created for the like purposes, or either of them.

2 R. L., 234, § 2; sce Laws of 1837, ch. 20; 4 N. Y., 463; 17 B., 378;

9 W., 351; 4 W., 500; 3 W., 296, 583; 1 San. Ch., 280; 4 Ed., 170,

334; 4 H., 442; 19 J. R., 1; 14 J. R., 206. Post, vol. 4, p. 112. S 2. Whoever shall subscribe to or become a member in any Penalty such company, or interested in any such bank or fund, shall forfeit one thousand dollars.

4 N. Y., 463. S 3. No incorporated company, without being authorised Prohibiby law, shall employ any part of its effects, or be in any way authorised interested in any fund that shall be employed, for the purpose tions. of receiving deposits, making discounts or issuing notes or other evidences of debt, to be loaned or put into circulation as money.

15 N. Y., 58; 12 N. Y., 505; 9 W., 392. $ 4. Any director, or other agent or officer, of any incorpo- Penalty. rated company, who shall violate any provision of the last section, shall forfeit one thousand dollars.

S 5. All notes and other securities for the payment of any Notes, &c., money or the delivery of any property, made or given to den loans, any such association, institution or company, that shall be void. formed for the purpose expressed in the first section of this Title, or made or given to secure the payment of any money loaned or discounted by any incorporated company or its officers, contrary to the provisions of the third section of this Title, shall be void.

19 J. R., 5. S 6. No person, association of persons or body corporate, Persons up except such bodies corporate as are expressly authorised by not to culaw, shall keep any office for the purpose of receiving deposits, tal bank or discounting notes or bills, or issuing any evidences of debt, ing operato be loaned, or put in circulation as money: nor shall they issue any bills or promissory notes or other evidences of debt as private bankers, for the purpose of loaning them, or putting them in circulation as money, unless thereto specially authorised by law.

Laws of 1818, 242, § 1 & 2; see Laws of 1837, ch. 20; 16 N. Y., 511;

15 N. Y., 58; 14 N. Y., 93; 4 N. Y., 479; 2 B. Chi, 301; 6 H.,
217; 5 H., 490; 25 W., 648; 20 W., 390; 17 W., 170; 4 W., 498;

6 Cow., 293; 1 S. Ch., 280; Cl. Ch., 432; 2 J. C. R., 371. Post, vol. $ 7. Every person and every corporation, and every mem- Penalty. ber of a corporation, who shall contravene either of the

4, p. 112

TITLE 20.

be circula

in whit time and how to bo sued for.

Bank bills

otherwiso than in money.

provisions in the last section, or, directly or indirectly, assent
to such violation, shall forfeit one thousand dollars.

Soe Laws of 1837, ch. 20; 1 Hilt., 98; 2 B. Ch., 301. Psot, vol. 4, p. 112. (713) S 8. No person shall pay, give, or receive in payment, or Bank bills in any way circulate, or attempt to circulate, any bank bill, dollar not to or promissory note, check, draft, or other evidence of debt, ted.

issued by any banking company within this state, or else-
where, which shall purport to be for the payment of a less
sum of money than one dollar.

2 R. L., 235, 2.
Penalty, $ 9. Whoever shall offend against any provision of the last

section, shall forfeit the nominal amount of the bill, promis-
sory note, check, draft, or other evidence of debt su given,
paid, received, circulated, or attempted to be circulated, to
any person who will sue for the same, in the name of the
overseers of the poor of the town where the offence is com-
mitted, with their consent, and under their direction, in an
action to be commenced within thirty days after the commis-
sion of the offence.

S 10. No person shall give, pay, or receive in payment, or payable

in any way circulate, or attempt to circulate, any bank bill,
or any promissory note, bill, check, draft, or other evidence
of debt, issued by any banking company whatever, which
shall be made payable otherwise than in lawful money of the
United States.

Laws of 1824, 303.
Penalty, in $ 11. Every person offending against any provision of the
and how to last section, shall forfeit the nominal amount or value of
bo sued for. such bill, note, or other evidence of debt so given, paid,

received, circulated, or offered, to any person who will sue
for the same, in the name of the overseers of the poor of the
town where the offence shall be committed, with their con-
sent and under their direction, in an action to be commenced,
within sixty days after the commission of the offence.

$ 12. Ali bills, notes, or other instruments which shall be Clared to be issued by any banking company, purporting to be receivable promissory in payınent of debts due to such company, shall be deemed

and taken to be promissory notes for the payment, on demand,
of the sum or value expressed in such instrument; and such
sum shall be recoverable by the holder or bearer of such
instrument, in like manner as if the same were a promissory
note.

Laws of 1816–17, 12.
Penaltics,

$ 13. The penalties prescribed in this Title, where no other kuced tobena provision is made, shall be recovered by suits in the name of applicd. the people of this state, to be prosecuted by the district

attornies of the counties respectively where the offences may
be committed. All penalties herein prescribed, when col-

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Certain bills de

TITLE 31.

lected, shall be paid to the county treasurer of the county,
for the use of the poor thereof.
See Laws of 1830, ch. 295; 1837, ch. 20; 1830, ch. 243; 1833, ch. 315.
Post, vol. 4, pp. 112, 110, 111.
TITLE XXI.

(714) OF INSURANCES ON PROPERTY IN THIS STATE MADE IN FOREIGN

COUNTRIES, AND BY INDIVIDUALS AND ASSOCIATIONS UNAU

THORISED BY LAW.
Sec. 1. Insurances by foreigners or their agents, prohibited.

2. Penalty, and application thereof.
3. Premium to be paid by agents of companies of other states.
4. Persons uot to act as agents without giving bond.
5. Penalty for making, &c., insurance, without having given bond.

6. Penalties how collected and applied. $ 1. No person, association, or company of persons, residing Certain inin any foreign country, and no incorporation established in a foreigners foreign country, nor any person in behalf of them or any of prohibited. them, shall directly or indirectly make any contract of insurance, or by way of insurance, against loss or injury by fire, upon any house, building or goods, situated or being in this state.

Laws of 1814, 52, ch. 49, SS 1 & 2. S 2. Whoever shall offend against the foregoing provision, Penalty. shall forfeit one thousand dollars, for the use of the poor of the county where such illegal contract shall be made.

$ 3. There shall be paid into the treasury of this state, on Premium to the first day of February in each year, by every person who agents of shall act as agent for any individuals or associations of certain inindividuals not incorporated and authorised by the laws companies of this state to effect insurances against losses by fire, or states. against marine losses and risks, although such individuals or association may be incorporated for that purpose by any other state, or country, the sum of two dollars upon the hundred dollars, and at that rate upon the amount of all premiums, which, during the year ending on the preceding first day of September, shall have been received by such agent or any other person for him, or shall have been agreed to be paid, for any insurances effected, or agreed to be effected or procured by him as such agent against loss or injury by fire, or against marine losses and risks.

Laws of 1824, 340; 1837, ch. 30. Post, vol. 4, p. 198. Laws of 1849,

ch. 178. Post, vol. 4, p. 202. S 4. No person shall, as agent for any individuals or asso- Bond to be ciation, effect or agree to effect any insurances, upon which agents. the duty above mentioned is required to be paid, or as agent or otherwise procure such insurance to be effected, until he shall have executed and delivered to the comptroller a bond to the people of this state, in the penal sum of one thousand dollars, with such sureties as the comptroller shall approve, with a condition that he will annually render to the comptroller, on the first day of February in each year, a just and

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