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Proviso.

Hoyt street,

same lines originally laid down upon the map of the commissioners appointed to lay out streets, avenues and squares in the city of Brooklyn; and it shall be lawful for the mayor and common council of the city of Brooklyn to open said Hamilton avenue between Smith street and Third avenue, as said Hamilton avenue was originally laid down upon said commissioners's map, provided that nothing in this act contained shall be so construed as to impair any of the vested rights of the company or corporation

known as the “ Brooklyn and Gowanus Toll Bridge Company." First street.

$ 7. First street as laid down upon said commissioners' map, is hereby so altered, that upon Smith street the centre line of said First street shall be equi-distant from Carroll street and Second street, and said First shall be and extend from said Smith street in a straght line, so as to strike Second avenue where it strikes the same as laid down on the said map.

$ 8. Hoyt street is hereby continued and extended from its present termination on said map, southerly in a straight line and on

the same course to Sixth street. Bond street: $ 9. Bond street is hereby continued and extended from its

present termination on said map, southerly on a course parallel

with Second avenue until it strikes the centre of Gowanus creek. First avenue $ 10. All that part of First avenue, as laid down upon said map

which lies between Carroll street and Fifth street, is hereby dis

continued and closed. Fourth st.

§ 11. All that part of Fourth street, as laid down on said map, which lies between Second avenue and Bond street as said Bond

street is hereby extended, is hereby discontinued and closed. Hammond

§ 12. All that street or avenue called Hammond avenue, as laid down upon the commissioners' map of said city, is hereby discontinued and closed, and the owners of lands lying within the limits of said Hammond avenue and all other streets and avenues hereby closed, may use, build upon and occupy the said lands in the same manner as if said streets and avennes had never been

laid down on said map. Clason pave- $ 13. Clason avenue as laid down on said map, is hereby con

tinued and extended from its present termination at River street, in a course which shall be a straight and direct continuation of the line and boundaries of said avenue at said termination, to the in

tersection of Kent avenue with Hewes street: provided that no Proviso.

proceedings shall be taken by the mayor and common council to open the said portion of said avenue hereby extended, until the consent, in writing, of a majority of the persons to be assessed for the improvement shall be first presented to the said Common

Council. A street to $ 14. The mayor and common council of the city of Brooklyn be laid out shall be authorised to open and lay out, or take by cession a street to Flatbush extending from Fulton arenue to Flatbush avenue as said Fulton

avenue and Flatbush avenue are laid down on the map made by the commissioners for laying out streets, &c., the same to be made northerly side thereof five hundred and forty-five feet, southerly

avenue.

nue.

from Fulton

avenue.

of and parallel with De Kalb avenue as laid on said map and to be eighty feet wide; and the said mayor and common council of said city shall have and possess all the powers in relation thereto as if said street had been laid out by the commissioners on the city map.

$ 15. All that triangular piece or parcel of land bounded on the Triangular north by the southerly side of De Kalb avenue, on the south by the piece of land northerly side of Fulton avenue, and on the east by a line drawn De Kalb avoin continuation of the easterly line of Bond street from Fulton hue. avenue to De Kalb avenue is hereby designated and laid down on the said commissioners' map as a public street or space, to be opened, graded and paved in the same manner as the other public streets in said city, and all the provisions of law relating to streets, avenues and squares as the same are laid down on said commissioners' map, shall apply to said parcel of ground.

$ 16. All that part of the public square or park laid down on Part of Bedsaid commissioners' map called Bedford Green, which is bounded . and included by and between Fulton, Franklin, Jamaica and Bed-ed. ford avenues, is hereby declared to be discontinued and closed, and the owner or owners of lands lying within said limits may use, occupy and enjoy the same in the same manner as if the same had never been laid out as a public square or park. The remainder of said Bedford Green is to remain a public park as heretofore.

$ 17. This act shall take effect immediately.

ord Green discontinu

Chap 312.

AN ACT to appoint Commissioners further to revise, reform,

simplify and abridge the rules, practice, pleadings, forms and proceedings of the Courts of Record of this State, and Commissioners of the Code,pursuant to the seventeenth section of the first article of the Constitution.

Passed April 10, 1849, “ three-fifths being present.” The People of the State of New York, represented in Senate and Assembly, do enact as follows :

§ 1. Arphaxed Loomis, David Graham and David Dudley Three comField, are hereby appointed commissioners further to revise, re-missioners form, simplify and abridge the rules and practice, pleadings, forms and pleadand proceedings of the courts of record of this state, so far as id they deem advisable, and to report thereon to the next legislature on the first day thereof, subject to the action of such legislature ; such report shall be printed by the state printer, under the direction of the commissioners, before the same is presented.

$ 2. The said commissioners shall take the oath of office and Tenure of hold their offices as such until the thirty-first day of December office and next, when the same shall cease, and each shall receive as his

on practica

ings appoint

lary.

Repeal.

nes:

compensation therefor, at and after the rate of two thousand dollars per year for the time spent by him, to be paid by the treasurer on the warrant of the comptroller, out of any moneys not otherwise appropriated.

§ 3. All former laws and parts of laws appointing or continuing the persons aforesaid as such commissioners, or relating to their powers and duties as such, are hereby repealed, but without prejudice to their right to receive any compensation for their services to which they may now be entitled.

$ 4. John C. Spencer, Alvah Worden and Seth C. Hawley, Three commissioners or are hereby appointed commissioners of the code to perform the he code ap- duties specified in the seventeenth section of the first article of pointed for two years. the constitution, from and after the eighth day of April, eighteen

hundred and forty-nine, and shall continue in office for the term of two years from the passage of this act, but may be sooner removed by concurrent resolution of the Senate and Assembly, for

cause to be specified in said resolution. Their sala- $ 5. Each of the said commissioners last mentioned, shall be

allowed at the rate of two thousand dollars a year for the time during which he shall be actually employed in performing his duties as such commissioner, to be paid quarterly by the treasurer on the warrant of the comptroller, out of any moneys not

otherwise appropriated. Each may

$ 6. Each of the said commissioners last named, may employ employ 2' a clerk or clerks, but the total expense thereof shall not exceed

two hundred dollars per annum, for each commissioner, and the said expense shall be certified by the commissioner employing said clerk or clerks, and paid out of the treasury upon the warrant of

the comptroller. Vacancies $7. Any vacancy that may occur by the death, removal, resig

nation or refusal to serve, of any of said commissioners last named, may be filled by the governor, whenever such vacancy shall occur during the recess of the legislature, and whenever such vacancy shall occur during the session of the legislature, it may be filled by a concurrent resolution of the Senate and Assembly, to be passed by a majority of all the members elected to

each branch of the legislature. Sections to $ 8. All the provisions of sections thrée, six and seven, of the apply. act entitled “An act for the appointment of commissioners as re

quired by the seventeenth section of article first, and the twentyfourth section of article sixth of the constitution, passed April 8, 1847, shall apply to the three last named commissioners appointed by this act.

8 9. This act shall take effect immediately.

[graphic]

how filled.

deposited

when to

Chap. 313.
AN ACT amendatory of the act entitled An act to authorise

the business of banking," passed April 18, 1838, and the acts
amending the same.

Passed April 10, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$1. The stocks which banking associations, or individual bankers ? Stocks to be now or hereafter to be organized under the provisions of the act with comp6. To authorize the business of banking," passed April 18, 1838, troller. and the amendments thereto, shall hereafter deposit with the comptroller, shall be New-York state stocks, in all cases to be or to be made to be equal to stock producing six per cent per annum, or at least one half the amount so deposited shall be in the stocks of the state of New York, as before mentioned, and not exceeding one half in stocks of the United States, in all cases to be or to be made to be equal to a stock producing an interest of six per cent per annum; and it shall not be lawful for the comptroller to take such stocks at a rate above their par value or above their current market value.

§ 2. The shareholders or a majority of them in amount, who Comptroller, shall be owners of any incorporated bank continuing the business is

issue circula. of banking until the expiration of their charter, and who shall ting notes to have associated themselves for the purpose of banking, under the provisions of the “ Act to authorise the business of banking,” passed April 18, 1838, and the amendments thereto, shall be entitled to receive from the comptroller, who is hereby authorized to issue to the association so formed, circulating notes in amounts of not less than ten thousand dollars, upon the deposit of securities of the kind described, required by the provisions of the abovementioned act and the amendments thereto, to an amount equal to the circulating notes so issued. But if such banking association so formed shall not have deposited with the comptroller during the three years next following the date of their articles of association an amount equal to that now required by law of banking associations as security for circulating notes previous to commencing the business of banking, the comptroller is hereby empowered to retain the interest accruing upon securities so deposited until such association has complied with the provisions of the act above recited in relation to the amount of security to be deposited in the office of the comptroller.

§ 3. If the shareholders or a majority of them in amount, of any incorporated bank, within one year of the expiration of its how formed charter shall file with the president thereof a notice in writing that after expira they intend to avail themselves of the provisions of the second ter. section of this act to associate for the purpose of banking, it shall be lawful for the directors of said bank to purchase and hold such

associations.

Associations, Provision re

ostate.

stock and other securities as the comptroller is or may be authorized to receive for circulating notes under the provisions of the act to authorize the business of banking, passed April 18th, 1838, and the various acts amending the same, to such an amount as they shall deem for the interest of the shareholders thereof.

i $ 4. An association heretofore or hereafter formed to take the lative to real

place of an incorporated bank whose charter has expired or is about expiring may, where all the stockholders of such incorporated bank have assented to its organization under the act to authorize the business of banking, take and hold in addition to such real estate as is prescribed by the twenty-fourth section of the act to authorize the business of banking—such other real es. tate as at the time of the transfer of the property of the incorporated bank, having been received by it in payment of debts previously contracted to said bank or purchased by it under judgments, or decrees in chancery in favor of said incorporated bank, according to law.

and Cohoes villages to be

Chap 314.
AN ACT to amend the act entitled An act to provide for the

incorporation of villages," passed December 7, 1847, so far as
relates to the villages of Cohoes and Fultonville.

Passed April 10, 1849, “ three-fifths being present.” The People of the State of New York, represented in Senate

and Assembly, do enact us follows : Faltonville $ 1. The villages of Fultonville and Cohoes shall be separate

s road districts, and the trustees thereof respectively shall be comroad districts missioners of highways exclusively for said villages, and shall

possess and exercise all the powers of commissioners of highways of towns, in repairing, altering, and laying out streets and highways, within the limits of the said villages, and in laying out the money raised for highway and bridge purposes ; and said trustees may, when directed by a vote of any regular village meeting, lay out any moneys so directed upon any highway leading from said

villages and beyond the limits thereof. Highways, 8 2. The trustees of said villages shall have power, and it shall laid out, &c. be their duty, to prescribe the manner of repairing highways,

streets, and alleys, and of altering and laying out the same, and of erecting and repairing bridges in said villages and laying out the money raised for highway and bridge purposes therein ; and shall exercise all the powers and perform all the duties of commissioners of highways, within the limits of said villages respectively exclusively, in like manner and with the like effect as commissioners of highways of towns: and are hereby authorized to assess upon each male inhabitant of said villages of the age of

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