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mode in which they shall be assessed, within thirty days after the decision of the judges shall have been filed with the town clerk."] Original note. "New, but partly founded on the decision of the supreme court in 16 Johns. Rep. 61."

[$ 84. Same as § 92 R. S.] Original note. “New: to provide for a case which may frequently occur, especially if no time is prescribed within which the judges shall proceed."

"ARTICLE V.—Regulations and penalties concerning the obstruction of highways, and encroachments thereon."

[S 94. Same as § 102 R. S.] Original note. "See 1 J. R. 349. The mode of collecting the penalty is hereinafter provided for."

[S 95 to 100. Same as § 103 to 108 R. S.] Original note. "The foregoing six sections are intended as a substitute for the 26th section of the act of 1813, (2 R. L. 277,) which seemed to require considerable amendment. See 9 Johns. Rep. 359, and 13 Johns. Rep. 460."

[S 101, 102. Same as § 109, 110 R. S.] Original note. "Partly new. Rivers omitted, being sufficiently provided for in § 104 below."

[S 103, 104. Same as § 111, 112 R. S.] Original note. "The streams mentioned in the original are omitted; and as many others have been since declared public highways, it has been thought best to make the provision general."

[S 105 to 110. Same as § 113 to 118 R. S.] "New." To § 109. "Chiefly new.”—To § 110.

Original note to § 108. "Penalty varied."

"ARTICLE VL—Of the erection, repairing, and preservation of bridges." [Enacted as reported.] Original note to § 124 R. S. "New. By the act of the 13th of April, 1827, (Laws of 1827, p. 234, § 3,) persons guilty of burning or destroying bridges, are made liable to imprisonment in the state prison not exceeding 14 years; a provision which is referred by the Revisers to the penal laws.

"ARTICLE VII.—Miscellaneous provisions of a general nature.”

[Same as S 117 R. S.] Original note. "In some cases it has been decided that two of the commissioners may make an order, provided the three met and deliberated. See 9 Johns. Rep. 360. By the 9th section of the act of 1826, (Laws of 1826, p. 229,) any two commissioners are authorized to lay out roads, &c., provided it appear that all were notified. The above section is intended to embrace the cases mentioned in the decision referred to, and in the act of 1826, and also all analogous cases.”

[S 124. Same as § 131 R. S.] Original note. "Several special provisions made general. The summary mode of proceeding has not been retained by the Revisers, except for the collection of fines for not working on the highway. In all other cases, it is conceived that the ordinary remedy by suit will be sufficient."

Original note to the Title. "The acts regulating highways in the county of Suffolk, Queens, Kings and Richmond, and the acts amending them, the acts declaring certain waters public highways, and the various local and special regulations concerning highways in particular parts of the state, will be collected and published in the fifth part. It was at first the intention of the Revisers to have included some or

all of these acts in this chapter; but on further examination and reflection, it is thought best to adopt the course above suggested."

new:

"CHAPTER XVII."

"OF THE REGULATION OF TRADE IN CERTAIN CASES."

"TITLE I.— Of sales by auctioneers."

[S 1, 2. Same as enacted. The following words in § 2 reported as "But this section shall not be construed to render valid any sale that would otherwise be deemed fraudulent and void."] Original note to § 2. "It has been frequently determined that the secret bidding at a public auction of the owner or some person in his behalf, is fraudulent, and vitiates the sale; but the terms of the original law seem by implication to sanction this practice, and unless it is meant to be legalized, the addition made by the Revisers seems indispensable." IS 3, 4, 5, 6. Same as enacted.] Original note. "§ 6 expresses definitely what seems to be implied in the existing law."

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[S 27. Same as § 26, except the following concluding words omitted by the legislature: "Every such memorandum shall be received in all courts as sufficient evidence of a contract binding on the parties whose names are specified therein."] Original note. "New. Sales at auction, it is now settled, are within the provisions of the statute of frauds; but any memorandum made by the auctioneer, (who is considered the agent of both parties,) and containing the terms of the sale, and the names of the parties, is held to be sufficient evidence of a written contract signed by the parties. It is however deemed useful not only to declare this rule of law, but to make it the duty of the auctioneer to make the necessary memorandum, for the double purpose of protecting the rights of the vendor and vendee, and of securing to the state the duties which accrue whenever the goods are actually struck off, although the sale may not be completed.

[S 35, 36, 37. Same as § 34, 35, 36 R. S.] Original note to § 36. "Laws 1817, p. 329, § 68. Slightly varied to remove an ambiguity." To $37. "Ib. 9, varied to include partners and clerks. Is not the penalty too large ?"

"CHAPTER XVIII."

"OF INCORPORATIONS."

"TITLE I.-Of religious corporations."

[This Title, consisting of five articles, contained a revision of the act of the 5th of April, 1813, "for the incorporation of religious societies," with various amendments and new provisions, which were illustrated by notes. The Title not being enacted, the act of 1813 was not repealed by the general repealing act, but was left in force.] "TITLE II. Of the incorporation of library societies."

[This Title contained a revision of the acts of April 1st, 1796, chap. 43, and March 3, 1825, chap. 19, but not being enacted, those acts were not repealed.]

TITLE III. Of the incorporation and powers of medical societies, including regulations concerning the practice of physic and surgery in this state." [Title altered to "General regulations concerning the practice of physic and surgery in this state," and so much of the Title as related to that subject, being from § 12 to 19, 28 to 35, and 37 to 42, enacted substantially as reported, and transferred to chapter XIV. as title VII. of that chapter. So much of the Title as contained a revision of the existing laws authorizing the incorporation of medical societies not being enacted, those laws were not repealed.]

Original note to Title. "The uniform experience of every civilized country has shown the wisdom and policy of regulating the practice of the healing art, so as to secure the community against the impositions of ignorance and quackery. The profession of physic and surgery is one of the very few employments which can not with safety be left by the government exclusively to individual sagacity and private interest, to determine the qualifications of its practitioners. It was with this view that the colonial legislature passed an act in the year 1760, regulating the practice of physio and surgery in the city of New-York.

"In 1797, an act was passed, which provided the first general regulation on this subject extending throughout the state, and authorized the chancellor, a judge of the supreme court or common pleas, or a master in chancery, to license physicians and surgeons, on evidence of their having studied two years, &c. (Greenl. vol. 3, p. 417, 419.) This act was re-enacted, with some modifications, in the revision of 1801. (Kent & Radcl. vol. 1, p. 449.) On the 4th of April, 1806, an act was passed, repealing the former laws on the subject, and establishing county medical societies, and a state medical society; to which, and the different incorporated colleges of physicians and surgeons, the general superintendence of medical education and practice in this state. has been since confided by the legislature. This act was incorporated into the revision of 1813, and together with the different amendatory laws which have been subsequently passed, forms the basis of the present revision."

[S 12 to 18. Same as enacted § 1 to 7 R. S. title VII. of chap. XIV.] Original note to $13-$ 2 R. S. "The last two sections are intended as a substitute for § 7 of the act of April 20th, 1818, which, from the want of any sanction or penalty, is represented to the Revisers to be wholly inoperative."

Original note to S 18-§ 7 R. S. "The last five sections are new, but are believed to be important, and even necessary. Under the present law, the county societies have the right of expelling their members; but it does not appear, unless by implication from the 7th section of the act of April 20th, 1818, that such expulsion draws after it any loss of the professional privileges of the member expelled. It is certainly desirable, and seems to have been the intention of the legislature, that the county societies should possess an effectual control over the conduct of the physicians in their respective counties; but to render such control effectual, the provisions proposed, or others, similar in their effects, are believed to be indispensable. The members of the other learned professions may, by summary proceedings

be suspended or permanently degraded from their professional privileges; and the community have surely an equal interest in preventing the injuries, that may result from the ignorance, or vices, of unskilful or unworthy physicians."

[S 28 to 35. Same as enacted § 8 to 15, title VII. of chap. XIV.] to S 32-§ 12 R. S. "Laws of 1819, p. 306, § 2, interpreted according to the existing practice, and the understanding of the medical profession." to $33-13 R. S. "Supposed to be agreeable to the present law, and intended to prevent an abuse which is represented to be frequent and serious."

to $35-$ 15 R. S. "New, but thought necessary to supply an important defect in the present law."

"TITLE IV. Of manufacturing corporations."

[This Title, consisting of two articles, contained a revision of the existing laws authorizing incorporations for manufacturing, but not being enacted, those laws were left unrepealed.]

"TITLE V. Of turnpike corporations."-[Enacted as Title 1 R. S.] "ARTICLE I. Of the mode of incorporating turnpike companies, and of the choice and powers of the directors."

[S 1, 2. Same as enacted. In § 2, the words "unless one-sixth of the whole number of shares shall be sooner subscribed," reported as new.] [S 3. Same as enacted.] Original note. "1 R. L. p. 228, § 2. Phraseology slightly altered."

"ARTICLE IV. — General provisions embracing corporations now existing."

[S 39, 40. Same as enacted, except in § 40, the words following "is made," added by the act of December 10, 1828.] Original note to § 39. "Modified." To § 40. "Altered to remove ambiguities."

[$ 41. Same as enacted, except the words following "thrown open," which were added by the legislature.]

[ 42. Same as enacted.]

[S 43, 44, 45, 46. Same as § 44, 45, 46, 47 R. S.] Original note to $ 46. "This provision seems defective in not directing the application of the fine; and the punishment would probably be more effectual if imposed on the directors personally, instead of the corporation." The following words, " or having placed one or more of the gates thereon in a situation contrary to law, shall be fined in a sum not exceeding two hundred dollars," new.

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[S 47, 48, 49. Same as § 48, 49, 50 R. S.] Original note. "The words in § 49, liable to the payment of toll,' are introduced in conformity to the decision of the supreme court. 2 Johns. Rep. p. 410; 16 do. p. 74."

[$ 54, 55. Same as enacted.] Original note to § 54. "1 R. L. p. 234, § 8, made general: and the words, in addition to the damages resulting from his wrongful act,' new.”

"TITLE VII. Of moneyed corporations."-[Enacted as Title II.]

“ARTICLE I.—Regulations to prevent the insolvency of moneyed corporations, and to secure the rights of their creditors and stockholders."

[S1. Same as enacted, except sub. 9, which was added by the legislature.] Original note. "Laws 1825, p. 448, § 2, enlarged."

[$ 2 to 9. Same as enacted, except in § 9, the words "judgment suffered, lien created, or security given," and "lien, security," inserted by the legislature.] Original note to § 9. "Laws 1825, p. 450, § 6, modified."

[S 20, 21. Same as enacted.] Original note to § 21. "Several of the existing banks are required to make a statement of their affairs, but the statements required, by no means contain all the facts necessary for the information of the legislature and the public, and as they exhibit the affairs of the institution only on the day on which they are dated, and are not required to be made on the same day, there are obvious means of rendering the whole proceeding illusory. From such statements no inferences as to the credit and solvency of the institutions by which they are furnished can safely be drawn. In the two last sections the Revisers have endeavored to remedy these defects, and by making the provisions general, an additional security against an evasion of the intent of the legislature is provided."

[S 22 to 28. Same as enacted, except in § 28, the words "or any officer of such corporation," which were inserted by the legislature.] Original note to $28. "Laws 1825, p. 452, § 16, modified."

IS 29, 30, 31. Same as enacted.] Original note. "Provisions similar to those of the three last sections will be found in nearly all the charters granted in 1825. Laws 1825, p. 143, 147, 162, 177, &c., &c. It seems expedient that they should be made general and permanent." "ARTICLE II.-Regulations concerning the election of directors in moneyed corporations." [S 34 to 50. Same as enacted.] Original note to § 36. "Laws 1825, p. 452, § 11, modified."

"ARTICLE III. Of the construction of this Title."

[$ 52 as first reported and enacted. "$ 52. The provisions of this Title shall be construed to apply to every such corporation, that shall hereafter be created, and to every such corporation now existing, whose charter is subject to alteration by the legislature, or whose charter shall be renewed or extended." [By § 15 of the act of the 10th December, 1828, "concerning the Revised Statutes," § 52 R. S. was substituted on the recommendation of the Revisers, in lieu of the foregoing.]

Original note to substituted section. "In consequence of some alterations made in this Title, during its passage, doubts have arisen respecting the construction of the section referred to. That proposed above, is believed to conform to the intentions of the legislature and the general understanding of persons interested in existing corporations. It seems highly necessary to declare explicitly the operations of the Title.

"In connection with this subject, it is proposed to retain the provisions of the act of 1825, in reference to corporations existing before the first of January, 1828, excepting those sections which relate merely to remedies, and which are consolidated and revised in the fourth title of chapter eight, of the third part. The following is submitted to attain that object." [Then followed sub. 17, of § 15, of the act of the 10th December, 1828.]

Original note to Title. "This Title is intended by the Revisers as a

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