Accounts to be exhibited

to firft judge of Ontario

county.

If the funds

are mifap. plied, the

corporation

to be dissol ved.

This a public

ast.

Charter of the Mer. chant's and

extended.

the said corporation any payments towards increasing the funds of the said corporation or for any other purposes, exceeding the sum of one dollar from each of the said members in any one year.

And to the end that the funds of the said corporation may never be diverted to any other than the charitable and benevolent ends and purposes of its institution,

VII. Be it further enacted, That the corporation shall once in every three years exhibit to the first judge of the county of Ontario a full and particular account of all the estate, real and personal, vested in the said corporation, attested by the oath of the treasurer thereof that the same is a true and perfect account together, with a particular account of all monies by the said corporation expended in the preceding three years, specifying the particular purposes to which they have been applied; and if it shall appear that any monies, except for necessary purchases or repairs of any buildings which may belong to the said corporation applicable solely to the uses in and by this act expressly mentioned and prescribed, or for other charges incidental to the management of the funds thereof, have been applied by the said corporation to any use other than for the support of indigent members of the said corporation, or the widows or children of any person having been a member thereof, or for the establishment and support of the school in and by this act contemplated to be erected and maintained for the instruction of the children of the members of the said corporation, he shall direct the district attorney for the district including the county of Ontario, ex-officio, to file an information against the said corporation in the court of general sessions of the peace in and for the said county of Ontario, and if upon a traverse the said corporation shall be found guilty and judgment shall pass thereupon, that thenceforth the said corporation shall cease and become null and void, and the estate, real and personal which it may then possess shall vest in the people of this state.

VIII. And be it further enacted, That this act be and is hereby declared to be a public act, and that the same be construed in all courts and places, benignly and favorably for every beneficial purpose therein intended.

CHAP. XCVIII.

An ACT extending the Time, and continuing in force for a limited Period, certain Banking Incorporations in this state, and for other purposes.

Passed April 2, 1813.

I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the act entitled "an State bank act to incorporate the stockholders of the Merchant's Bank in the city of New-York," and the act entitled " an act to incorporate the stockholders of the New-York state bank, and for other purposes," shall be and hereby are respectively extended and continued in force until the first Tuesday of June, one thousand eight hundred and thirty-two.

Comptroller II. Provided always, and be it further enacted, That it shall to fubferibe and may be lawful for the comptroller of this state, and he is flock of each, hereby authorised and required to subscribe to the capital stock

600 fhires to

thares.

fhares.

of each of the said banks, six hundred shares, in the name of the people of this state, for the use of the common school fund, to be paid for out of the said fund; and that the treasurer of Union Union colcollege shall and may subscribe for the use of the said college, lege 400 four hundred shares to the capital stock of each of the said banks, and the capital stock of each of the said banks are hereby accordingly increased one thousand shares; and that the treasurer of Hamilton Hamilton college shall and may subscribe for the use of the said college 400 college, four hundred shares to the capital stock of each of the said banks, and the capital stock of each of the said banks is hereby increased accordingly: Provided always, That the trustees of the said colleges shall not vote upon the said shares so to be Proviso. subscribed: Provided always, That on the shares so to be subscribed shall be paid into the said bank a sum not exceeding the amount paid by the former stockholders, and in like manner from time to time as calls may be made by the directors of said bank. III. And be it further enacted, That upon loans to be made by any of the banks within this state, other than to the people of this state, for periods exceeding six months, it shall be lawful for them to demand and receive interest at the rate of seven per centum per annum.

IV. And be it further enacted, That the respective acts incor- Charters of porating the bank of New-York, the bank of Albany, the bank of certain banks Columbia, the Farmer's bank, and the bank of Hudson, and the several acts continuing and extending the same, or any of them, shall be and hereby are extended and continued in force until the first Tuesday of June, in the year one thousand eight hundred and thirty-two.

fubfcribe to

of Union col

V. Provided always, and be it further enacted, That it shall Comptroller and may be lawful for the comptroller of this state, and he directed to is hereby authorised and required to subscribe the sum of fifteen their flock. thousand dollars to the capital stock of the bank of New-York, and the sum of five thousand dollars to the capital stock of the bank of Albany, in the name of the people of this state, for the use of common schools, to be paid for out of the common school fund; and also that the treasurer of Union college for and in behalf of Treasurer the trustees of said college, be and he is hereby authorised to sublege scribe the sum of twenty thousand dollars to the capital stock of the bank of New-York, and the sum of twenty thousand dollars to the capital stock of the bank of Albany, the sum of five thousand dollars to the capital stock of the Farmer's bank, and the sum of five thousand dollars to the capital stock of the bank of Hudson; and also that the treasurer of Hamilton college, for and in behalf And of Hamof the trustees of the said college, be and he is hereby authorised ilton college to subscribe the sum of fifteen thousand dollars to the capital fcribe. stock of the bank of New-York, and the sum of fifteen thousand dollars to the capital stock of the bank of Albany, five thousand dollars to the capital stock of the Farmer's bank, and ten thousand dollars to the capital stock of the bank of Columbia, and five thousand dollars to the capital stock of the bank of Hudson; and the capital stock of the said banks is hereby respectively increased to an amount equal to the sums authorised by this act to be subscribed on behalf of the people of this state, and the trustees of Union college and the treasurer of Hamilton college: Provided always, That the trustees of Union college and the trustees of Hamilton

may fub.

Trustees of Columbia college may Subscribe.

fervices done

ollege shall not be entitled to vote for directors upon the shares to be subscribed for the use of the said colleges.

VI. And be it further enacted, That it shall be lawful for the trustees of Columbia college, with the consent of the directors of the banks mentioned in this act, to subscribe to the capital stock of each of the said banks to the extent hereby authorised and granted to the trustees of Union college, and in case such subscription shall be made, the capital stock of the banks where it is made shall be increased to the amount of such subscription : Provided always, That the trustees of Columbia college shall not be entitled to vote for directors on such subscriptions.

CHAP. XCIX.

An ACT to amend an act entitled "an act concerning the Clerks of the Supreme Court of this state, and for other purposes.” Passed April 2, 1813.

I. BE it enacted by the people of the state of New-York, repreNotice to be sented in Senate and Assembly, That the comptroller of this published rejative to state be and he is hereby directed forthwith to publish a notice debts due for in a newspaper printed in each of the great districts, once in a by clerks of week for six weeks successively, requiring all persons indebted fup. court. to the people of this state for fees on account of services done by either of the clerks of the supreme court, to pay the sums in which they are respectively indebted to the treasurer of said state within twelve weeks from the date of said notice, which notice and demand shall be deemed a sufficient notice and demand, and an affidavit of such publication accompanying a copy thereof by the several printers who shall publish the same, taken before a commissioner authorised to take affidavits to be read in the said court, shall on the trial of any cause for the recovery of fees for services by the said clerks respectively, be received as conclusive evidence of the making such demand and publishing of such notice; and the said comptroller is further directed to publish the like notice and demand forthwith after each return made to him by said clerks, in conformity to the second section of the act hereby amended.

Penalty for

neglecting to pay after

fuch notice.

Comptroller directed to profecute for monies due.

Return of clerks evi

II. And be it further enacted, That if any person indebted as aforesaid shall not pay the amount due to the treasurer of this state within the time limited therefor by any notice hereafter to be published by the comptroller, shall be liable thereafter to pay to the said people interest thereon at the rate of seven per cent per annum.

III. And be it further enacted, That the comptroller be and he is hereby directed to cause actions to be prosecuted for all monies which shall be unpaid for the services before mentioned, the accounts of which are now in his office, immediately after the expiration of the time limited in his first notice, and for all other monies becoming due at the expiration of every year thereafter: Provided, such account, with interest, shall amount to twenty-five dollars.

IV. And be it further enacted, That the several returns made by the respective clerks of said court, stating the amount dence of fer- due from each person named therein, or the certificate of the comptroller stating the amount due from any person therein

vices per

formed.

mentioned, shall be prima facie evidence of the services performed and the amount due at the time such amount is returned to the comptroller: And further, That in any action prosecuted for the recovery of any such demand, the venue therein shall be laid in the county of Albany.

CHAP. C.

An ACT concerning the Gospel and School Lots.

Passed April 2, 1813.

be elected to

lots.

I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall be lawful for Truffees to the freeholders and inhabitants of the several towns in the difpofe of county of Cortland, of the towns of Ulysses, Ovid, Hector, Ro- certain fchool mulus, Junius and Fayette, in the county of Seneca, of the towns of Dryden, Genoa, Locke, Sempronius, Aurelius, Owasco and Brutus, in the county of Cayuga, of the towns of Fabius, Camillus, Manlius, Pompey and Tully, in the county of Onondaga, and the town of Windsor, in the county of Broome, which have lands assigned to them for the support of the gospel and schools, at their annual town meetings, to elect three trustees, being inhabitants and freeholders of the town, whose duty it shall be to take the charge of the said lands belonging to such town, and receive and appropriate the rents, issues and profits, or the proceeds arising from the sale thereof, to the uses and for the purposes herein after mentioned.

truflees,

II. And be it further enacted, That the like notice shall be Power of the given of the election of the said trustees, and the election conducted in the same manner as the election of other town officers; and that the said trustees shall have full power and authority to demise or grant, bargain, sell and convey, the said lands upon the best terms or for the best price which can be had therefor, in such a manner as the said trustees shall deem most beneficial to their respective towns: And further, That the said trustees shall, for the purposes expressed in this act, be a body politic and corporate, by the name and style of the trustees of the town of (inserting the town) in the county of (inserting the county) and shall have a common seal, and by the name and style aforesaid, may sue and be sued in any court of law or equity for any matter or cause relating to the aforesaid lands, or the proceeds thereof.

be fold an a

years.

III. And be it further enacted, That it shall not be lawful for Lands not to the said trustees, or their successors, to sell the said lands on a credit shortshorter credit than twenty years; and it shall be lawful for the er than 20 said trustees to receive at the time of such sale one fourth part of the sum or sums arising therefrom; and that the said trustees shall loan the monies arising from such sales at lawful interest, to be secured by bonds and mortgages on lands of double the value of the sums loaned, and clear of all incumbrances. IV. And be it further enacted, That the rents, issues and Proceeds profits of the aforesaid lands, and the annual interest of the monies arising from the sale thereof, shall be applied by the said trustees for the time being, to the support of the gospel and schools in their several towns, in such manner as the freeholders and inhabitants of the towns respectively, at their annual

how to be

applied.

lowed cer. tain cofls.

town meeting, shall order and direct, or as the legislature shall prescribe by law.

Trustees al V. And be it further enacted, That the said trustees shall be allowed the costs of surveying said lands into small lots, to be levied, collected and paid as other town expenses usually are.

Accounts

how to be rendered.

Trustees of
Ovid.

VI. And be it further enacted, That it shall be the duty of the trustees of the several towns who are entitled to gospel and school lands, to render a just and true account of their proceedings in respect to the sale of said lands, together with the rents and interest in their hands remaining, and an account of what has been appropriated or expended, to the supervisors and justices of the peace of their respective towns on the last Tuesday next preceding the annual town meeting in each year; and it shall be the duty of the supervisors, or one of the aforesaid justices, to report to the people at the annual town meeting in each year the amount of rent or interest then due and to be appropriated for the support of the gospel or schools; and when other trustees shall be chosen the former trustees shall deliver over to their successors all the money, books, notes, bonds, mortgages or other papers relating to the sale of said lands, for the security of any sum or sums of money arising therefrom, either for interest, rent, or principal, then remaining in their hands, and take a receipt for the same, which receipt shall be filed in the clerk's office of said town; and in case any of the trustees aforesaid shall wilfully neglect or refuse to deliver over as aforesaid all the money, books, notes, bonds, mortgages, or other papers, to their successors as aforesaid, shall forfeit and pay twenty-five dollars, to be recovered, with costs of suit, be fore any justice of the peace in and for the county in which such offence shall be committed, in an action of debt, by any person who shall prosecute for the same to effect.

VII. And be it further enacted, That James Van Horne, Minor Thomas and Rynear Covert be trustees for the town of Ovid, in the county of Seneca, to take charge of and to make sale of the gospel and school lot in said town, until the first Tuesday in April next, or until others be chosen by the freeholders and inhabitants of said town of Ovid agreeable to this act; and it shall be the duty of the said trustees to cause to be surveyed out nearly in the centre of said lot number thirty, in Four acres to said town of Ovid, four acres of land, as near square as may be, be fold to the so as to contain the meeting house and burying ground, and to convey the same to the trustees of the first Dutch reformed church in Ovid, on being secured agreeable to the third section of this act, for the amount of the average price of said lot; Trustees of and that Elijah Smith, Lemuel Badger and Anselm Cole be trustees for the town of Windsor aforesaid, until their next annual town meeting.

Dutch reformed church ia Ovid.

Windfor.

Preamble.

CHAP. CI.

An ACT for the Relief of the Heirs and Representatives of Ebenezer Proudfit, deceased.

Passed April 2, 1813. WHEREAS the widow and relatives of Ebenezer Proudfit, late of Salem, in the county of Washington, deceased, have re