Proviso. First street. Hoyt street. same lines originally laid down upon the map of the commission- § 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. § 10. All that part of First avenue, as laid down upon said map which lies between Carroll street and Fifth street, is hereby discontinued and closed. First avenue Fourth st. Hammond avenue. Clasove nue. Proviso. A street to from Fulton § 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. § 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. § 13. Clason avenue as laid down on said map, is hereby continued 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 intersection of Kent avenue with Hewes street: provided that no 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. § 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 avenue 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. 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. southerly of § 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 avein continuation of the easterly line of Bond street from Fulton nue. 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. ford Green § 16. All that part of the public square or park laid down on Part of Bedsaid commissioners' map called Bedford Green, which is bounded discontinuand 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. 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 : missioners ings appoint § 1. Arphaxed Loomis, David Graham and David Dudley Three comField, are hereby appointed commissioners further to revise, re- on practice form, simplify and abridge the rules and practice, pleadings, forms and pleadand proceedings of the courts of record of this state, so far as m 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 salary. Repeal. Three com pointed for 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, missioners of are hereby appointed commissioners of the code to perform the he code ap- duties specified in the seventeenth section of the first article of 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 salaries: Each may employ a clerk. Vacancies how filled. Sections to apply. § 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. § 6. Each of the said commissioners last named, may employ 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. § 7. Any vacancy that may occur by the death, removal, resignation 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. § 8. All the provisions of sections three, six and seven, of the act entitled "An act for the appointment of commissioners as required 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. § 9. This act shall take effect immediately. 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: deposited § 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 comp"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. when to associations. § 2. The shareholders or a majority of them in amount, who Comptroller, shall be owners of any incorporated bank continuing the business issue circulaof 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. tion of char § 3. If the shareholders or a majority of them in amount, of Associations, 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 expirathey 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 Provision relative to real estate. Fultonville villages to be 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. § 4. An association heretofore or hereafter formed to take the 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 estate 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. 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: § 1. The villages of Fultonville and Cohoes shall be separate and Cohoes 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, streets, how laid out, &c. § 2. The trustees of said villages shall have power, and it shall 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 |