on stock.

Any company receiving such requisition from the comp- Calls when troller shall forthwith call upon its stockholders for such amounts to be made as will make its capital equal to the amount fixed by the charter holders. of the said company, and in case any stockholder of such company shall refuse or neglect to pay such call, after notice personally given or by advertisement, in such time and manner as the comptroller shall approve, it shall be lawful for the said company to require the return of the original certificates of stock held by such stockholder, and in lieu thereof to issue new certificates for such number of shares as the said stockholder may be entitled to in the proportion that the ascertained value of the funds of the said company may be found to bear to the original capital of the said company, the value of such shares for which new certificates shall be issued to be ascertained under the direction of the comptroller and the company paying for the fractional parts of shares, and it shall be lawful for the directors of such company to create new stock and dispose of the same, and to issue new certificates therefor to an amount sufficient to make up the original capital of the company. And it is hereby declared that in the event of any additional losses accruing upon new risks, taken after the comptroller shall have made the requisition aforesaid, and before the said deficiency shall have been made up, the directors shall be individually liable to the extent thereof. And if upon due examination it shall appear to the comptroller that the losses and ex- directors, &c. penses of any company chartered on the plan of mutual insurance under this act, shall during the year have exceeded the premiums, and in consequence thereof that the capital of the company as required in its organization, has become deficient, or from any other cause has become impaired, it shall be the duty of the comptroller to direct the officers of such mutual insurance companies to take the same proceedings as herein required to be taken in case of joint stock companies; and until such directions shall be complied with the directors shall be personally liable to pay all damages occasioned by such neglect, to any person or body corporate which may be injured thereby. Any transfer of the stock of any stock organized under this act, shall not release the party making the transfer from his liability for losses which may have accrued previous to the transfer.

Liability of

respecting

and mutual

§ 14. Any existing joint stock company incorporated by this Provision state for either of the purposes mentioned in the first section of existing this act, may at any time after notice being given for three months joint stock in a newspaper published in the county where such company is companies. located, of such intention and with a written consent of a majority of three-fourths in amount of its stockholders, or if a mutual company with the unanimous consent of its trustees, extend its original charter to the time specified by the provisions of this act by altering or amending the same, so as to accord with the provisions of this act, and filing a copy of the same so altered or amended, together with a declaration under its corporate seal, signed by its president and directors of their desire for such extension, and

Duration of charters.

Suits at law how main

tained.

Companies to be subject

also the written consent of three-fourths of its stockholders, and the unanimous consent of the trustees as aforesaid to such extension, in the office of the secretary of the state, and upon the filing of such consent, declaration and charter, the same proceedings shall be had as are required by the eleventh section of this act, and any of the mutual insurance companies already chartered by the legislature of this state, may, after giving ninety days notice in three of the public papers of the state, change to joint stock companies by proceeding in accordance with and conforming their charter to the provisions of this act.

§ 15. All charters formed or extended under this act shall be of thirty years' duration each, except those of life insurance, but the legislature may at any time alter, amend or repeal this act, or dissolve and provide for the closing up the business and affairs of any company formed under it.

§ 16. Suits at law may be maintained by any corporation formed under this act, against any of its members or stockholders, for any cause relating to the business of such corporation; also suits at law may be prosecuted and maintained by any member or stockholder against such corporation for losses which may have accrued if payment is withheld more than two months in all risks after such losses shall have become due.

§ 17. All companies formed under this act shall be deemed to Revised and taken to be bodies corporate and politic in fact and in name, and shall be subject to all the provisions of the Revised Statutes in relation to corporations so far as the same are applicable.

Statutes.

Restriction about trade.

Liability of

§ 18. No company formed under this act, shall, directly or indirectly, deal or trade in buying and selling any goods, wares, merchandise, or other commodities whatever.

§ 19. The trustees aud corporators of any company organized corporators. under this act, and those entitled to a participation of the profits, shall be jointly and severally liable until the whole amount of the capital raised by the company shall have been paid in, and a certificate thereof recorded, as hereinbefore provided. Notes taken in advance of premiums under this act are not to be considered debts of the company in determining whether a company is insolvent, but are to be regarded as assets of the company.

Dividends.

Provision respecting

panies.

§ 20. No dividend shall ever be made by any company incorporated under this act, when its capital stock is impaired, or when the making of such dividend would have the effect of impairing its capital stock, and any dividend so made shall subject the stockholders receiving the same to a joint and several liability to the creditors of said company to the extent of the dividend so made.

§ 21. In pursuance of this act, it shall be lawful for any mumutual com-tual company, established in conformity with the provisions of the fourth section of this act, to unite a cash capital to any extent, as an additional security to the members, over and above their premiums and stock notes, which additional cash capital shall be left open for accumulation, and shall be loaned and invested as provided in the eighth section of this act, and the company may

allow an interest on such cash capital, and a participation in its profits, and prescribe the liability of the owner or owners thereof to share in the losses of the company, and such cash capital shall be liable as the capital stock of the company in the payment of

its debts.

Chap. 309.

AN ACT to provide for the establishment of Hospitals at Sandy

Hook.

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:

commission

and health

§ 1. The commissioners of the land office, with the health Duty of office of the port of New-York are hereby directed personally to ers of the examine and determine whether in their opinion the promontory land office known as Sandy Hook,in the state of New-Jersey will be a proper officer. and convenient site for the establishment of a marine hopital; and they shall be paid such reasonable sum for traveling expenses, out of the moneys appropriated by this act, as the comptroller may deem proper.

the U. S.

§ 2. If the commissioners and health officers named in the pre- When to neceding section or a majority of them shall deem Sandy Hook a gotiate with proper and convenient site for such hospital it shall be the duty and Newof the commissioners of the land office to enter into a negotiation and Jersey for with the government of the United States, and if necessary with the state of New-Jersey, for such cession of so much and such parts of the promontory known as Sandy Hook, as may be selected by the said commissioners for the erection of hospitals for the purposes hereinafter mentioned.

erected.

§3. The commissioners immediately after such cession is made, Hospitals shall transfer the same to the commissioners of emigration who when to be shall proceed to erect a hospital for infectious and contagious diseases, and such other buildings and improvements thereon, and on the land under water adjoining the same, as may be necessary for the comfort and accommodation of patients sick of infectious or contagious diseases and who now are by law received into the quarantine hospitals on Staten Island: provided, however, that the whole cost of the said hospital, other buildings and improvements so to be erected, shall not exceed the sum of fifty thousand dollars.

removed to

§ 4. Immediately after such hospitals are erected and ready Patients for use, the commissioners of health shall forthwith, but with due when to be regard to the condition of the sick, cause all patients afflicted with the new hos contagious or infectious diseases in the marine hospital to be re- pitals. moved to the said hospitals at Sandy Hook the expense thereof to

to be pro

cured.

be paid out of the moneys appropriated by the eighth section of this act; and persons afflicted with such diseases, and diseases suspected to be infectious or contagious, and who by the existing laws are entitled to be received into the marine hospital, shall in future be sent to such hospital, at Sandy Hook, and shall not be received into the marine hospital; and all the police regulations of the hospitals at Staten Island shall be held to apply to the hospitals at Sandy Hook.

Burial place § 5. The commissioners of emigration shall as soon as practicable after the passage of this act procure a suitable place on Staten Island or elsewhere remote from the premises of the marine hospital for the burial of patients who may die in said hospital.

Moneys

drawn how reimbursed.

Warrants

§ 6. All sums of money drawn pursuant to the provisions of this act, shall be reimbursed to the treasury out of any surplus moneys which by the laws of this state the commissioners of health, or the commissioners of emigration are or may be entitled to receive and which in the opinion of said commissioners of emigration will not be required for other necessary disburse

ments.

§ 7. The comptroller is hereby authorised to draw his warrant when drawn in favor of the commissioners named in the first section, and upon their requisition, not exceeding however in the whole, the amount in this act appropriated.

Appropria tion of $50,000.

Governor

district at

statements.

§ 8. The sum of fifty thousand dollars, or as much thereof as may be necessary is hereby appropriated for the purposes of this act, to be paid by the treasurer on the warrant of the comptroller.

§ 9. This act shall take effect immediately.

Chap. 310.

AN ACT in relation to pardons.

Passed April 10, 1849.

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

§ 1. Whenever an application shall be made to the governor may call on for a pardon, he may require the district attorney of the county torneys for in which the conviction of the person for whom the pardon is asked was had, and it shall be the duty of such district attorney to furnish the governor immediately on such requisition being made with a concise statement of the case as proved on the trial together with any other facts or circumstances which might have a bearing on the question of granting or refusing a pardon.

Notice when served on dist. atty.

§ 2. Before any application for a pardon shall be presented to the governor, written notice thereof shall be served upon the district attorney of the county in which the conviction shall have been had, and proof of the due service of such notice shall be

presented to the governor before any such application for a pardon shall be acted on.

lished.

§ 3. Notice of such application, unless in the opinion of the Notice when governor justice requires that it shall be dispensed with, shall be to be pubpublished for four weeks in the state paper, and also in a county paper, printed in or nearest the town in which the conviction was had; and in cases of crimes committed in the city of New-York, in a paper to be designated by the governor, having respect to the largest circulation.

§ 4. This act shall take effect immediately.

Chap. 311.

AN ACT to alter the commissioners' map of the city of Brooklyn

Passed April 10, 1849.

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

Bevoise

§ 1. All that part of De Bevoise street, as laid down upon the Parts of De map made by the commissioners appointed to lay out streets, ave- street disnues and squares in the city of Brooklyn, which lies between De continued. Kalb avenue and Fulton avenue, is hereby discontinued and closed; and all that part of De Bevoise street which lies north of Willoughby street, as laid down on said map, is hereby discontinued and closed.

§ 2. All that part of Prince street, as laid down upon said Part of commissioners' map, which lies between Fleet street and Fulton Frince street. avenue, is hereby discontinued and closed.

§ 3. The public square or park laid down upon said commisson- Fulton ers' map, called Fulton square, situated between Fulton, Brook- square. lyn and Hudson avenues, is hereby declared to be discontinued and closed, and the owner or owners of the lands lying within the limits of the same, may improve, build upon, and occupy the same in the same manner as if the same had never been designated as a public square or park.

§ 4. All that part of the square or park called city park, as city park. laid down on said commissioners' map, which extends east of the . limits of said park as the same as now opened and graded, is hereby discontinued and closed.

5. A new street fifty feet wide is hereby laid out and estab- Park street. lished in said city, to be called Park street; said street shall extend from Park avenue to Flushing avenue, as the same are laid down on said map, and shall be bounded on the west line thereof by the city Park, as now opened and graded.

eune.

§ 6. All that part of Hamilton avenue which lies between Hamilton avSmith street and Third avenue of said city, is hereby laid out, established, fixed and declared to be, upon a straight line with that portion of said Hamilton avenue already opened, and upon the