CHAP. IX. 1869, Ch. 742. Suppression and punishment of bribery...... 280 SEC. 1. Receiving of valuable considerations by public officers for official acts, deemed felony; punishment thereof. 2. Persons offering bribe if accepted, not to be liable therefor. 3. Penalty for attempting to bribe public officer. 4. Proof thereof. 5. Accused may testify in his own behalf. 6. Expense of prosecutions, to be charged against the State. 7. Liability of directors or officers of corporations for use of money in violation hereof. 8. Persons not excused from testifying; testimony not to be used against witness in civil or criminal action. 9. Conviction to be had only on corroborated testimony. 1870, Ch. 151 - Proceedings by injunction regulated....... SECS. 1, 2 and 3. (Repealed.) 4. Punishment for concealing injunction notice. ... 280 Согро rations,how created. Debts of corporations. Corporations defined. ARTICLE I.- CREATION OF CORPORATIONS. 1846-Extract from the Constitution of the State of New York.Article VIII. ADOPTED November 3, 1846. SECTION 1. Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts, passed pursuant to this section, may be altered from time to time, or repealed. Mosher v. Hilton, 15 Barb. 657; Syracuse City Bank v. Davis, 16 id. 188; Rochester v. Barnes, 26 id. 657; Matter of Taxpayers of Kingston 40 How. 444; People v. Brown, 21 N. Y. 517; People ex rel. v. Boston and Albany Railroad Co., 70 id. 569. § 2. Dues from corporations shall be secured by such individual liability of the corporators, and other means, as may be prescribed by law. 3. The term corporations, as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue and shall be subject to be sued in all courts in like cases as natural persons. Matter of Empire City Bank, 18 N. Y. 199. CHAP. IX. Art. I. 1828, R. S. Part I, Ch. VII, Title III - Of applications to the [154] legislature. SEC. 1. Persons intending to apply for new county, etc., to give notice of their ap- 2. Notice to be given of applications for acts of incorporation, etc. 4. Contents of the notice in the case of corporations. 5. Contents in other cases. Notice of apply to to the legisla SECTION 1. All persons applying to divide or alter the bounds intention to of any county, city or village; or to erect a new county; or incorporate a new city or village : And all persons applying for the removal of any court-house, or the imposing of a tax for making or improving a road, or for any other local purpose in any county, where all or any of the inhabitants of such county are proposed to be taxed: Shall give notice of such intended application by advertisement to be published for at least six weeks successively, immediately before such application, or before the first day of the session at which the same is to be made, in a newspaper printed in the county or in each of the counties where the objects of such application are intended to be carried into effect, and also in case of intended application for the imposition of any tax as aforesaid, in the State paper. Smith v. Helmer, 7 Barb. 416. (1 R. L. 268; Laws of 1818, p. 121.) ture for passage of certain laws to be published. of notice by sociations. § 2. Every association intending to apply to the legislature for Publication an act of incorporation, and every corporation intending to apply certain asfor an alteration, amendment or extension of its charter, shall cause the like notice of such application to be published in the State paper, and also in a newspaper printed in the county in which such corporation is intended to be, or shall have been established. (1 R. L. 268; Laws of 1818, p. 121.) of notice, §3. If no newspaper be printed in a county in which any Publication notice is required to be published, such notice shall be published how made. in like manner, in the place nearest thereto in which a newspaper shall be printed. (1 R. L. 268; Laws of 1818, p. 121.) notice. § 4. If the application be for an act of incorporation, the notice Contents of shall specify the amount of the capital stock requisite to carry the objects of such incorporation into effect; and if the application be for an alteration in any charter already granted, the notice shall state specifically the alteration intended to be applied for. (1 R. L. 268; Laws of 1818, p. 121.) CHAP. IX. ARTICLE II.-TAXATION OF CORPORATIONS, JOINT STOCK [414] 1828, R. S. Part I, Ch. XIII, Title IV — Regulations concerning the assessment of taxes on incorporated companies, and the commutation or collection thereof. Companies liable to taxation. Officers to deliver SEC. 1. Moneyed corporations deriving income or profit, liable to taxation. 2. Officers of such company to deliver statement annually to assessors; con tents. 3. A like statement to be delivered to comptroller. 4. Foreiture of $250, for omitting to furnish such statement. 5. If company prosecuted therefor, terms on which suit may be discontinued. 6. Assessors to enter such companies and their property in assessment roll. 7. (Repealed.) 8. Value of stock may be reduced by affidavit. 9-14. (Repealed) 15. Assessments on companies to be set down in fifth column of corrected roll. 16. Supervisors to send names of companies liable to taxation to comptroller, etc. 17. Taxes on companies to be demanded of president, etc. If not paid, how collected. 18. To be paid out of the funds of the company. 19. If collector cannot collect tax, to return same to county treasurer, etc. 22. Chancellor to order sequestration of property, etc., to satisfy taxes and 23. Attorney-general may also recover by action at law such tax with costs. SECTION 1. All moneyed or stock corporations deriving an income or profit from their capital, or otherwise, shall be liable to taxation on their capital in the manner hereinafter prescribed. People v. Supervisors of Niagara, 4 Hill, 22; Farmers' Loan & Trust Co. v. The Mayor, etc., of New York, 7 id. 261; Supervisors of Niagara v. The People, id. 504; The Ontario Bank v. Bunnell, 10 Wend. 186; Bank of Watertown v. Assessors of Watertown, 25 id. 685; The Columbia Manufacturing Co. v. Vanderpoel, 4 Cow. 556; The Sun Mutual Insurance Co. v. The City of New York, 5 Sandf. 10; Sandford v. The Board of Supervisors of New York, 15 How. 172; The People v. Commissioners of Taxes, 20 id. 182; The People v. Assessors of Barton, 29 id. 371; The Sun Mutual Ins. Co. v. The Mayor, etc., of New York, 8 Barb. 450; The People v. Board of Supervisors of New York, 20 id. 81; International Life Assurance Society v. Commissioners of Taxes, 28 id. 318; The People v. Commissioners of Assessments, 32 id. 509; The People v. Assessors of Barton, 44 id. 148; The People v. Assessors of Brooklyn, 16 Hun, 196; Mutual Ins. Co. of Buffalo v. Supervisors of Erie Co., 4 N. Y. 442 ; Sun Mutual Ins. Co. v. The Mayor, etc., of New York, 8 id. 241; The People v. Board of Supervisors of New York, 16 id. 424; Oswego Starch Factory v. Dolloway, 21 id. 449; The People v. Commissioners of Taxes and Assessments, 23 id. 192; The People v. Dolan, 36 id. 59; The People v. Cassity, 46 id. 46; The People v. Barker, 48 id. 70% § 2. The president, cashier, secretary, treasurer, or other proper statements officer, of every such incorporated company, shall, on or before CHAP. IX. sessors. the first day of July in each year, make and deliver to the assessors, or one of them, of the town or ward in which such company to asis liable to be taxed, according to the provisions of the sixth section of the second title of this chapter, a written statement specifying 1. The real estate, if any, owned by such company, the towns or wards in which the same is situated, and the sums actually paid therefor. 2. The capital stock actually paid in and secured to be paid in, excepting therefrom the sums paid for real estate, and the amount of such capital stock held by the State, and by any incorporated literary or charitable institution; and 3. The town or ward in which the principal office or place of transacting the financial business of such company is situated; or if there be no such principal office, the town or ward in which [415] its operations are carried on, or in which it is liable to be taxed, under the provisions of this chapter. People v. Shields, 6 Hun, 556; People v. City of Oswego, 6 T. & C. 673; International Life Assurance Co. v. Commissioners of Taxes, 17 How. 206; S. C., 28 Barb. 318; Oswego Starch Factory v. Dolloway, 21 N. Y. 449; People v. Assessors of Brooklyn, 39 id. 81; People v. Cassity, 46 id. 46. comp § 3. The president, or other proper officer of every such com- And to pany, shall also deliver to the comptroller, on or before the first day troller. of July in each year, a written statement containing the same matters required by the foregoing section, to be specified in the statement to be delivered to the assessors. The statements required by this and the preceding section of this title shall be certified under the oath of the said president or other proper officer, to be in all respects just and true. People v. Commissioners of Taxes, 76 N. Y. 64. $4. If the statements above required, or either of them, shall Penalty. not be furnished by any company to the assessors and to the comptroller, within thirty days after the time above provided, the company neglecting to furnish such statements, or either of them, shall forfeit to the people of this State, for each statement omitted to be furnished, the sum of two hundred and fifty dollars; and it shall be the duty of the comptroller to furnish the attorney-general with an account of all companies that shall neglect to render such lists, that he may prosecute for the penalties hereby imposed. 85. If any company, that shall be prosecuted for any such Suit therepenalty, shall pay the costs of prosecution and furnish the state for. CHAP. IX. Art. II. Companies how as sessed. ment required, the comptroller, if he shall be satisfied that the omission was not willful, may, in his discretion, discontinue such suit. §6. The assessors shall enter all incorporated companies from which such statements shall have been received by them, and the property of such companies, and the property of all other incorporated companies, liable to taxation in their respective towns, in their assessment rolls, in the following manner: 1. They shall insert in the first column of their assessment rolls, the name of each incorporated company in their respective towns or wards, liable to taxation on its capital, or otherwise; and under its name, they shall specify the amount of its capital stock paid in, and secured to be paid in; the amount paid by such company for real estate, then belonging to such company, wherever the same may be situated, the amount of all surplus profits or reserved funds, exceeding ten per cent of their capital, after deducting therefrom the said amount of said real estate, and the amount of its stock, if any, belonging to the State, and to incorporated literary and charitable institutions. [As amended by Laws of 1853, chap. 654, § I.] 2. In the second column, they shall enter the quantity of real estate owned by such company, and situated within their town or ward; and in the third column, the actual value thereof, estimated as in other cases. 3. In the fourth column, they shall enter the amount of the capital stock of every incorporated company, paid in, and secured [416] to be paid in, and of all such surplus profits or reserved funds as aforesaid; after deducting the sums paid out for all the real estate of such company, wherever the same may be situated, and then belonging to it, and the amount of stock, if any, belonging to the people of this State, and to incorporated literary and charitable institutions. [As amended by Laws of 1853, chap. 654, § 1.] Utica Cotton Manufacturing Co. v. Supervisors of Oneida County, I Barb. Ch. 432; Bank of Utica v. City of Utica, 4 Paige, 401; Mohawk and Hudson R. R. Co. v. Clute, id. 384; Farmers' Loan and Trust Co. v. Mayor, etc., of New York, 7 Hill, 261; Albany and Schenectady R. R. Co. v. Osborn, 12 Barb. 223; Manufacturers' Bank v. Mayor, etc., of Troy, 24 How. 250; People v. Shields, 6 Hun, 556; Oswego Starch Factory v. Dolloway, 21 N. Y. 449; People v. Board of Assessors of Brooklyn, 39 id. 81; People v. Cassity, 46 id. 46; People v. Barker, 48 id. 70; People v. Commissioners of Taxes of New York, 76 id. 64; People v. Board of Assessors of Brooklyn, 76 id. 202. (Section 7 was repealed by Laws of 1853, chap. 654.) |