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The bill entitled "An act to provide for the construction of a rail-road from the village of Malden to Smithbush-kill, in the town of Shandaken, in the county of Ulster," was received from the Assembly, with a message informing that they had passed the same with the amendments therewith delivered.

Thereupon,

Resolved, That the Senate do concur in the amendments of the Assembly to said bill; two-thirds of all the members elected to the Senate voting in favor thereof, as follows, to wit:

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Ordered, That the clerk deliver said bills, and copies of said resolutions to the Assembly.

Two several bills were received from the Assembly, with a message informing that they had concurred in the amendments of the Senate to the same, and had amended the same accordingly, of the following titles, to wit:

"An act to authorize the compact part of the city of Hudson to borrow money, for the purposes therein mentioned:"

"An act to appoint commissioners to lay out a road from Manheim bridge to Cherry-Valley :"

The said amended bills having been examined,

Ordered, That the clerk return the same to the Assembly.

Mr. Edwards asked for and obtained leave to bring in a bill, entitled "An act for the relief of Louisa Troup and others;" which was read the first time, and by unanimous consent was also read a second time, and ordered to be engrossed for a third reading.

Mr. Tallmadge, in pursuance of notice heretofore given, brought in a bill, entitled "An act to amend title fifth, chapter sixth, part third of the Revised Statutes, relative to the sale and redemption of real estate sold under execution;" which was read the first time, and by unanimous consent was also read a second time, and committed to a committee of the whole.

Mr. Paige asked for and obtained leave to bring in a bill, entitled "An act to authorize the proprietors of the Albany pier to increase the

width of the said pier;" which was read the first time, and by unanimous consent was also read a second time, and ordered to be engrossed for a third reading.

On motion of Mr. Wager,

Ordered, That the bill, entitled "An act suspending for a limited time certain provisions of law, and for other purposes," be recommitted to a committee of the whole.

Thereupon,

The Senate then again resolved itself into a committee of the whole on said bill; and after some time spent thereon, Mr. President resumed the chair, and Mr. Seger, from the said committee, reported the same with amendments.

The said report was read in the words following, to wit:

An Act suspending for a limited time certain provisions of law, and for other purposes.

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

1. Every provision of law in force, requiring or authorizing proceedings against any bank in this state, with a view to forfeit its charter, or wind up its concerns, or which requires such bank to suspend its operations and proceedings, in consequence of a refusal to pay its notes or evidences of debt in specie, is hereby suspended for one year.

2. In any suit prosecuted against any such corporation, or individual stockholder, within the period aforesaid, for non-payment of its debts in specie, no costs shall be recoverable by the party prosecuting, unless the amount of the debt or damages recovered shall be such as would entitle the plaintiff to costs were the judgment against a natural person; and every issue of law or fact joined in such suit, shall be brought to trial according to the same rules as apply to other issues joined in the said courts, notwithstanding the provisions of section eleven, of title four, chapter eight, of the third part of the Revised Statutes; and the provisions of sections eight, nine and ten, of title four, chapter eight, of the third part of the Revised Statutes, shall not be applicable to such suits.

§ 3. The amount of notes or bills issued and in circulation of the several banks of this state, shall not hereafter exceed the following amounts respectively: Those having capitals to the amount of one hundred thousand dollars, a circulation of one hundred and fifty thousand dollars; those having capitals to the amount of one hundred and twenty thou-sand dollars, one hundred and sixty thousand dollars; those having capitals to the amount of one hundred and fifty thousand dollars, one hundred and seventy-five thousand dollars; those having capitals to the amount of two hundred thousand dollars, two hundred thousand dollars; those having capitals to the amount of two hundred and fifty thousand dollars, two hundred and twenty-five thousand dollars; those having capitals to the amount of three hundred thousand dollars, two hundred and fifty thousand dollars; those having capitals to the amount of four hundred thousand dollars, three hundred thousand dollars; those having capitals to the amount of five hundred thousand dollars, three

hundred and fifty thousand dollars; those having capitals to the amount of six hundred thousand dollars, four hundred and fifty thousand dollars; those having capitals to the amount of seven hundred thousand dollars, five hundred thousand dollars; those having capitals to the amount of one million dollars, eight hundred thousand dollars; those having capitals to the amount of one million four hundred and ninety thousand dollars, one million dollars; those having capitals to the amount of two million dollars, one million two hundred thousand dollars.

4. No bank, or officer, or agent of a bank, shall, during the suspension of specie payments by such bank, directly or indirectly, sell, dispose of, or part with at a premium, the specie of such bank, or any gold or silver bullion belonging to such bank; and it is hereby made the duty of the bank commissioners to see that the foregoing provision is faithfully complied with, and in case of the violation thereof, said commissioners are required to make and file with the secretary of state a certificate of such violation; and from thenceforth the bank so certified to have violated the aforesaid provision, shall be deprived of all benefits proffered by this act, and said commissioners shall forthwith proceed to wind up the concerns of such bank.

5. This act shall not take effect in favor of any bank not subject to the act, entitled "An act to create a fund for the benefit of the creditors of certain monied corporations, and for other purposes," passed April 2, 1829, unless such bank shall signify its assent to the provisions of this act, and the provisions of the act last above mentioned and referred to, so far as regards the visitation of the bank commissioners to ascertain the extent of their issues, and their transactions in the sale of specie or bullion; nor unless such bank shall assent that the legislature may hereafter modify or repeal the act incorporating such bank, or any acts in amendment thereof; which said assent shall be given within ten days, by an agreement under its corporate seal, to be deposited with the secretary of state.

§ 6. Notwithstanding the provisions in this act contained, it shall be and is, the duty of the bank commissioners to take prompt and efficient steps according to the law now in force, to forfeit the charter and wind up the concerns of any bank which they shall find to be in dangerous or insolvent circumstances.

§ 7. This act shall take effect immediately, and shall continue in force for one year, excepting the third and fifth sections thereof.

Mr. President put the question on agreeing to the said report, and it was decided in the affirmative.

The yeas and nays being moved and seconded, were as follows, to wit:

Mr. Armstrong
Mr. J. Beardsley

Mr. L. Beardsley

FOR THE AFFIRMATIVE.

Mr. J. P. Jones

Mr. Lacy
Mr. Lawyer

Mr. Seger
Mr. Spraker
Mr. Sterling

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Ordered, That said bill be engrossed for a third reading.

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The Senate then resolved itself into a committee of the whole, on the bill from the Assembly, entitled "An act concerning the sale of real estate by mortgages ;" and after some time spent thereon, Mr. President resumed the chair, and Mr. Seger, from the said committee, reported that they had passed the same with amendments.

Mr. Tracy moved to lay the said report on the table.

Mr. President put the question on agreeing to said motion, and it was decided in the negative.

The yeas and nays being moved and seconded, were as follows, to wit:

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Thereupon,

Mr. President put the question on agreeing to said report, and it was decided in the affirmative.

The yeas and nays being moved and seconded, were as follows, to wit:

Mr. Powers

Mr. Armstrong
Mr. J. Beardsley
Mr. L. Beardsley
Mr. Downing
Mr. Edwards

FOR THE AFFIRMATIVE.

Mr. J. P. Jones

Mr. Lacy

Mr. Livingston
Mr. McLean
Mr. Mack

Mr. Seger

Mr. Sterling

Mr. Tallmadge

Mr. Wager

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Ordered, That the amendments be engrossed, and the bill to a third reading.

The bill from the Assembly, entitled "An act to repeal the charter of the Lockport Bank," was read the third time.

Ordered, That said bill be laid on the table.

The engrossed bill, entitled "An act suspending for a limited time certain provisions of law, and for other purposes," was read the third

time.

Mr. President put the question on the final passage of the said bill, and it was decided in the affirmative.

The yeas and nays being moved and seconded, were as follows, to wit:

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Ordered, That the clerk deliver said bill to the Assembly, and request their concurrence to the same.

The bill from the Assembly, entitled "An act concerning the sale of certain real estate by mortgage," with the engrossed amendments, was read the third time.

Mr. President put the question on the final passage of said bill, and it was decided in the affirmative.

The yeas and nays being moved and seconded, were as follows, to wit:

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