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or association, shall have the same force and effect as regards the joint rights, property and effects of such joint stock company or association, as if such suits and proceedings were prosecuted in the names of all the shareholders or associates, in the manner now provided by law.

28 B., 665; 23 B., 33; 21 B., 654.

CHAP. VIII.

abate.

$2. No suit so commenced shall abate by reason of the Suits not to death, removal, or resignation of such president or treasurer of such joint stock company or association, or the death or legal incapacity of any shareholder or associate during the pendency of such suit; but the same may be continued by or against the successor of the officer in whose name such suit shall have been commenced.

President

be personal

$3. The president or treasurer of any such joint stock com- and treasupany or association, shall not be liable in his own person or rer not to property, by reason of any suit prosecuted as above provided, ly liable. by or against him, as the nominal plaintiff or defendant therein: provided that such president or treasurer shall not be exempted from any liability to which he may be otherwise legally subject as a stockholder or shareholder in such joint stock company or association.

against

S 4. Suits against any such joint stock company or associa- Suits tion, in the first instance shall be prosecuted in the manner company. provided in the first section of the said act; but after judgment shall be obtained against any such joint stock company or association, as above provided, and execution thereon shall be returned unsatisfied in whole or in part, suits may be brought against any or all of the shareholders or associates, individually, as now provided by law; but no more than one suit shall be brought and maintained against said shareholders at any one time, nor until the same shall have been determined, and execution issued and returned unsatisfied in whole or in part. No death, removal, resignation of officers Death, or shareholders, or sale or transfer of stock shall work a dis- resignation solution of any such joint stock company or association as not to work against the parties suing or being sued by such company, tion. as herein provided, or as against any creditor or person having any demand against such company at the time of any such death, removal, resignation, sale or transfer.

As amended by Laws of 1853, ch. 153.

removal or

of officers

a dissolu

clause.

S 5. Nothing herein contained shall be construed to confer Saving on the joint stock companies or associations mentioned in the first section of this act, any of the rights or privileges of corporations, except as herein specially provided.

PART III

Companies with seven

CHAP. 455.

AN ACT to extend the "act in relation to suits by and against joint stock companies and associations," to companies having a joint or common interest in property. PASSED July 9, 1851.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. The act entitled "An act in relation to suits by and members. against joint stock companies and associations," passed April seventh, one thousand eight hundred and forty-nine, is hereby extended to any company or association, composed of not less than seven persons who are owners of or have an interest in any property, right of action, or demand, jointly or in common, or who may be liable to any action on account of such ownership or interest; and the suits and proceedings authorised by the said act may be brought and maintained in the manner therein provided, as well for any cause of action heretofore existing as for any that may hereafter accrue.

23 B., 33; 21 B., 654.

Sections to apply.

District attorney not to

order of court.

CHAP. 343.

AN ACT relative to the collection of fines and recognizances in the city of New York.

PASSED May 6, 1839.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. All the provisions contained in article second, title sixth of chapter eight of part third of the Revised Statutes, from section sixteen to section forty-second inclusive, shall apply to the several courts of record of the city and county of New York, and sections forty-third, forty-fourth and forty-fifth of the same article are hereby repealed.

$ 2. It shall not hereafter be the duty of the district attorney of the city and county of New York, to prosecute forprosecute feited recognizances, unless by the express order of the court of general sessions, or of the court of oyer and terminer of said city and county; and in all cases where he shall prosecute such recognizance in pursuance of such order, he shall be entitled to costs; but in no other cases of suits on forfeited recognizances shall he be authorized to charge the county any costs.

CHAP. VIII.

CHAP. 333.

AN ACT in relation to fines, recognizances and forfeitures.
PASSED April 25, 1861.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

of fines.

S1. No fine imposed by any court, for any criminal offence, Remission shall be remitted or reduced, except upon an application made in open court, and upon proof that two days' notice in writing, of such application, and copies of the papers upon which the same is founded, have been served upon the district attorney of the county in which the conviction was had, and by an order of the court, entered by the clerk thereof in its minutes.

zances to

$ 2. Every recognizance taken by any court, or by any Recognimagistrate, coroner or other officer, to appear and answer at be filed. any court, and the complaint, inquisition, affidavits and other papers upon which such recognizance is founded, shall be filed in the office of the clerk of the court at which the party is thereby recognized to appear, within ten days after the same is so taken.

York.

$3. The eighth section of the fourth article of an act Section applicable entitled "An act for the establishment and regulation of the to New police of the city of New York," passed May seven, eighteen hundred and forty-four, is hereby declared to be in force, and shall be applicable to the city and county of New York.

CHAP. 482.

AN ACT to provide for the collection of demands against ships and vessels.

PASSED April 24, 1862; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly do enact as follows ·

debt

tackle, &c.

$1. Whenever a debt, amounting to fifty dollars or up- When de wards, as to a sea going or ocean bound vessel, or amounting vessel, to fifteen dollars or upwards, as to any other vessel, shall be contracted by the master, owner, charterer, builder or consignee, of any ship or vessel or the agent of either of them within this state, for either of the following purposes:

1. On account of work done or materials or other articles furnished in this state for or towards the building, repairing, fitting, furnishing or equipping such ship or vessel.

PART III.

When debt

a lien.

2. For such provisions and stores furnished within this state as may be fit and proper for the use of such vessel, at the time when the same were furnished.

3. On account of the wharfage and expenses of keeping such vessel in port, including the expense incurred in employing persons to watch her.

4. On account of loading or unloading, or for advances made for the purpose of procuring necessaries for such ship or vessel, or for the insurance thereof.

5. Or whenever a debt amounting to twenty-five dollars or upwards shall be contracted as aforesaid, within this state, on account of the towing or piloting such vessel, or on account of the insurance or premiums of insurance of or on such vessel, or her freight. Such debt shall be a lien upon such vessel, her tackle, apparel and furniture, and shall be preferred to all other liens thereon, except mariners' wages.

5 H., 34; 20 W., 177; 13 W., 390, 601; 5 W., 510, 564; 1 W., 557.

§ 2. Such debt shall cease to be a lien at the expiration of ceases to be six months after the said debt was contracted, unless at the time when said six months shall expire such ship or vessel shall be absent from the port at which such debt was contracted, in which case the said lien shall continue, until the expiration of ten days after such ship or vessel shall next return to said port; and, in all cases, such debt shall cease to be a lien upon such ship or vessel, whenever such ship or vessel shall leave the port at which such debt was contracted, unless the person having such lien shall, within twelve days after such departure, cause to be drawn up and filed specifications of such lien, which may consist either of a bill of particulars of the demand or a copy of any written contract under which the work may be done, with a statement of the amount claimed to be due from such vessel, the correctness of which shall be sworn to by such person, his legal representative, agent or assigns.

Specifica

tion of lien

in county clerk's

6 H., 494.

S3. Such specification shall be filed in the office of the to be filed clerk of the county in which such debt shall have been contracted, except that when such debt shall have been contracted in either of the counties of New York, Kings or Queens such specification shall be filed in the office of the clerk of the city and county of New York.

office.

When warrant may issue to enforce

lien.

S4. Any person having a lien upon any ship or vessel for any debt contracted for any of the purposes herein before specified, may make application to any officer authorized by law to perform the duties of a justice of the supreme court at chambers in the county within which such ship or vessel shall then be, for a warrant to enforce the said lien, and to collect the amount thereof.

20 W., 181.

S5. Such application shall be in writing, and shall exhibit and specify:

1. By whom and when such debt was contracted, and for what ship or vessel.

2. The items composing such debt.

3. The amount claimed, and that the same is justly due to the person in whose behalf the application is made, over and above all payments and just deductions.

4. Any assignment or transfer of such debt, if any such has taken place since the same was contracted.

5. When and where the specification of such debt was filed. Such application shall be verified by the affidavit of the creditor, or of the person making the application, or of his or their agent in that behalf.

CHAP. VIII. Application for warrant.

S6. The officer to whom such application shall be made Warrant. shall thereupon issue a warrant to the sheriff specifying the amount of the claim, and the names of the persons making such claim, and commanding him to attach, seize and safely keep said ship or vessel, her tackle, apparel and furniture, to satisfy such claim, if established, to be a lien upon such vessel, according to law, and to make return of his proceedings under such warrant to the officer who issued the same within ten days after such seizure. Such sheriff shall also, in his return, state whether he has seized said ship or vessel by virtue of any other warrant or warrants, and specify in whose behalf, and for what sums such other warrants have been issued, respectively, and the time of his reception thereof.

S7. Such warrant shall not be issued unless the person Underapplying therefor shall deliver to the officer to whom the taking. application is made to be filed by him, an undertaking to the effect that if the said applicant do not within the time hereafter specified in section eleventh of this act prosecute any bond which may be given upon the discharge of such warrant, or if the said applicant in any action brought upon such bond be finally adjudged not to have been entitled to such warrant, the parties giving such undertaking will pay all costs that may be awarded against such applicant, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars, and any damages that may be sustained by reason of the seizure of such vessel under such warrant, not exceeding the sum of fifty dollars. The undertaking required by this section shall be executed by the applicants or one of them, or their agent, and at least one surety, who shall be a resident and householder within this state. Such undertaking shall be approved by the said officer.

sheriff.

8. Any sheriff to whom such warrant shall have been Duty of directed and delivered shall forthwith execute the same, and shall keep the said vessel, her tackle, apparel and furniture, to be disposed of as is herein directed.

issuing

S9. The person applying for such warrant shall, within Notice of three days after the issuing thereof, cause a notice to be pub

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