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PAYABLE FROM THE BANK FUND.

For interest on stock issued on account of the bank fund, Interest on ten thousand dollars.

For redemption of bills, fifty dollars.

stock on account of bank fund. Redemption of bills. Contingent

For contingent expenses, one thousand dollars. For redemption of stock due first of February, eighteen expenses. hundred and fifty-nine, fifty-five thousand eight hundred and of stock due twenty-two dollars and eighty-two cents.

Redemption

Feb., 1859.

Chap. 334.

AN ACT in relation to the jurisdiction of the
Marine and District Courts of the city of New
York, and in relation to the proceedings in
certain actions therein.

Passed April 17, 1858, three-fifths being present.

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

SECTION 1. The district courts of the city of New York shall hereafter have no jurisdiction in actions against the mayor, aldermen and commonalty of the city of New York.

Jurisdiction,

§2. The marine court of the city of New York shall hereafter have no jurisdiction in actions against the mayor, &c. aldermen and commonalty of the city of New York in which the amount claimed by the plaintiff shall exceed two hundred dollars.

§ 3. The service of a notice of appeal to the general term Notice of of the said marine court by the said the mayor, aldermen and appeal. commonalty of the city of New York, within the time required by law, from a judgment rendered by a single justice of said court, or to the court of common pleas for the city and county of New York, from a judgment rendered by the said general term of said marine court, in an action in which the said the mayor, aldermen and commonalty of the city of New York shall be a party, shall operate as a

ceedings.

Stay of pro- stay of all proceedings against the said the mayor, aldermen and commonalty of the city of New York, upon such judgment, until the final determination of said general term of the marine court, or of the said court of common pleas, upon the said appeal; and in no case shall it be necessary for the said the mayor, aldermen and commonalty of the city of New York, upon either of the appeals herein mentioned, to pay to the justice or justices of said marine court, the costs awarded against them upon said judgment appealed from, or to file or execute any undertaking or security whatever, upon such appeal; nor shall the said justices of the said marine court be entitled to demand or receive any fee hereafter, for making a return to the said. court of common pleas of the city and county of New York, upon an appeal taken by the said the mayor, aldermen and commonalty of the city of New York to the said court of common pleas of the city and county of New York, from the judgment of the general term of said marine court, but it shall be the duty of the said justices of the said marine court, in all cases of appeal by the said the mayor, aldermen and commonalty of the city of New York, from a judgment of the general term of said marine court, to make a full return to the said court of common pleas for the city and county of New York, of all proceedings in the action in which said judgment shall have been rendered, and such return may be enforced by attachment.

Appeal by mayor.

Summons, &c.

§ 4. In all actions hereafter prosecuted in the said marine court of the city of New York, against the said the mayor, aldermen and commonalty of the city of New York, a copy of the summons and complaint therein shall be personally served upon the mayor, or the acting mayor of said city, and in addition thereto a copy of such summons and complaint shall be served on the counsel to the corporation in said city, at his office, by leaving the same with said counsel in person, or with a person having charge of his said office during his absence; and no action in the said court against the said the mayor, aldermen and commonalty of the city of New York, shall be deemed to be commenced until such sevice shall have been made as aforesaid.

§ 5. The second subdivision of the third section of chapter three hundred and forty-four, of the laws of eighteen hundred and fifty-seven is hereby amended so as to read as follows: "In an action upon the charter, ordinance or by

law of the corporation of the city of New York, or a statute of this state, where the penalty shall not exceed two hundred and fifty dollars."

§ 6. This act shall take effect immediately.

Chap. 335.

AN ACT to amend an act entitled "An act for the payment of canal damages to Hull and Shipman, caused by the suspension of their work by the State," passed April fifteenth, eighteen hundred and fifty-seven.

Passed April 17th, 1858, three-fifths being present.

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

SECTION 1. Section two of the act entitled "An act for the payment of canal damages to Hull and Shipman, caused by the suspension of their work by the state," passed April fifteenth, eighteen hundred and fifty-seven, is hereby amended so as to read as follows:

§ 2. The treasurer shall pay, on the warrant of the auditor, to said Hull and Shipinan, such sum of money as shall be awarded to them in pursuance of the first section of this act, out of any moneys appropriated or to be appropriated for the completion of the Black River canal.

2. This act shall take effect immediately.

Name and style.

Chap. 336.

AN ACT further to amend an act entitled "An act to incorporate the Lewiston Water Works Company," passed June thirtieth, eighteen hundred and fifty-one.

Passed April 17th, 1858.

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

SECTION 1. The powers, rights and privileges granted by an act of incorporation, passed June thirtieth, eighteen hundred and fifty-one, chapter three hundred and seventeen of the laws of eighteen hundred and fifty-one, and by an amendatory act, passed April fourteenth, eighteen hundred and fifty-five, chapter four hundred and ninety of the laws of eighteen hundred and fifty-five, are renewed, regranted and continued to the corporation thereby created, which shall hereafter be known and called "The Niagara and Lewiston Water Works Company," under which name the acts and doings of the said corporation are hereby confirmed. The directors of said company shall proceed to receive subreceive sub- scriptions to such of its capital stock as has not been subscribed, in such manner as they shall direct.

Directors to

scriptions.

Corporation to hold lands, waters, &c.

Directors

may pur

§ 2. Section thirteen of chapter three hundred and seventeen of the laws of eighteen hundred and fifty-one, is hereby amended. The said company shall also take and hold, for the purposes contemplated by this act, all the lands, waters and real estate which they shall in any way legally enter upon and take by virtue hereof, to them and their successors during the continuance of this act. The directors of such chase lands, Company may purchase such lands, real estate, buildings and other property necessary for their business, and issue stock to the amount of the value therefor; and the stock so issued shall be declared and taken to be full stock, and not liable to any further calls; neither shall the holder thereof be liable for any further payments thereon; but in all statements and reports of the company to be published, this stock shall not be stated or reported as being issued for cash paid

&c.

into the company, but shall be reported in this respect according to the facts.

§3. The first section of chapter four hundred and ninety of the laws of eighteen hundred and fifty-five, is hereby amended and shall read as follows:

The capital stock of said company shall be one million Capital dollars, to be divided into shares of one hundred dollars stock. each

§ 4. The third section of chapter four hundred and ninety of the laws of eighteen hundred and fifty-five, is hereby amended, and shall read as follows:

money.

The said company are hereby authorized to borrow money Borrow to the extent of one-half of the amount of capital of the said company, as determined upon by the directors from time to time, within the amount of said capital as limited by this act, and to issue and dispose of its bonds for any amount so borrowed, and to mortgage its corporate property and franchises to secure the payment of any debts contracted by the company in the prosecution and completion of their works; and the directors may confer upon the holder of any bond issued for the money borrowed as aforesaid, the right to convert the principal due or owing thereon into the stock of said company, at any time not exceeding ten years from the date of the bond, under such regulations as the directors. may see fit to adopt.

5. This act shall take effect immediately.

Chap. 337.

AN ACT to enable John Lewis Ormet-Delisle, Edward Lewis Frederick Steinheil and James Peter Henry Vivien, to take, hold and convey real estate.

Passed April 17th, 1858. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. John Lewis Ormet-Delisle, Edward Lewis Frederick Steinheil, and James Peter Henry Vivien, now

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