which certificate shall further declare the authority derived from the stockholders pursuant to the provisions of the first section of this act, and upon filing a copy thereof in the office of the superintendent of the bank department, with proof that the original is duly recorded in the office of the clerk of the county where any office of such banking association shall be located, such association shall be held and regarded as a banking association under and in pursuance of the laws of this state, and shall be entitled to all the privileges and be subject to all the liabilities of such banking associations; and thereupon all the assets, real and personal, of the said dissolved national banking association, shall immediately, by act of law, and without any conveyance or transfer, be vested in and become the property of such state banking association; and the directors of the dissolved organization at the time of such dissolution shall be the directors of the association created in pursuance hereof, until the first annual election of directors thereafter, and shall have power to take all necessary measures to perfect its organization, and to adopt such regulations concerning its business and management, as may be proper and just, and not inconsistent with the banking laws of this state. 33. Nothing in the banking laws of this state shall be Circulating construed as requiring any banking association or individual notes. banker to issue circulating notes; but every bauking association and individual banker, not having given notice of intention to close the business of banking, and not having made a deposit of cash to redeem its circulating notes, and whose outstanding circulation does not exceed ten thousand dollars, is hereby required to keep on deposit, in the bank department, in addition to the deposit now required to secure the circulating notes of said bank, stocks of this state or of the United States, bearing interest at a rate of not less than six per cent, to the amount of five thousand dollars, and the same shall be held by the superintendent of the bank department as a pledge of good faith and guaranty of compliance with the banking laws of this state, on the part of such banking association or individual banker, and the proceeds of such stock, or the interest thereof, or so much thereof as may be necessary, may be applied by the superintendent to the payment of any penalty incurred by, or the assessment imposed upon the banking association or individual banker, for whom such deposit is held, in lieu of the remedy by suit at law, heretofore given by the banking laws of this state, to the superintendent, for the enforcement of penalties or the collection of lawful assessments. The provisions of section one, chapter two hundred and eighty-one, laws of eighteen hundred and forty-four, relative to depositing securities with the superintendent of the bank department, shall not apply to Deposit. Reports and statements. banking associations or individual bankers that issue no circulating notes. Ante, vol. 4, p. 149. 4. It shall be lawful for the superintendent of the bank department to receive a deposit of cash, pursuant to the provisions of chapter two hundred and thirty-six, laws of eighteen hundred and fifty-nine, and the amendments thereto, without the notice of intention to close the business of banking therein required; but where such notice is not given, the banking association or individual banker making such deposit of cash shall continue to make such reports and statements, and to publish the same, as are or may be required of the banks of this state by the laws thereof, and be in all respects amenable to the banking laws of this state, as in full operation, as a bank of discount and deposit, until due notice and evidence of the discontinuance of such business of banking shall be given to the superintendent, which discontinuance shall require the concurrence of the owners of a majority of the shares of stock in such bank; and this provision shall extend and apply to any bank that has heretofore made such deposit of cash to redeem its outstanding circulation, without having given notice of intention to close the business of banking; and any bank having given such notice, and made the deposit of cash or stocks as required by law, may withdraw such notice at any time within two years after making such deposit, and may thereupon resume the business of banking under its corporate name, and subject to the laws of this state in relation to banking; but such withdrawal shall not affect the redemption of its circulating notes previously issued, according to the terms advertised by the superintendent as required by law, nor shall such bank be entitled to issue any circulating notes until the time for the redemption of its previous issue shall have expired. Ante, vol. 4, p. 188. $5. This act shall take effect immediately. CHAP. 476. AN ACT to amend an act entitled "An act in relation to the Bank Department," passed April eleventh, eighteen hundred and fifty-nine. PASSED April 20, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The first section of the act entitled "An act in relation to the bank department," passed April eleventh, eighteen hundred and fifty-nine, is hereby amended by inserting in the first subdivision of the said section, after the words *assignee or assignees," these words, viz., "administrators, executors, personal representatives or successors." $2. This act shall take effect immediately. Ante, vol. 4, p. 188. CHAP. 480. AN ACT to amend chapter thirty-seven of the laws of eighteen hundred and forty-eight, entitled "An act to authorize the formation of gaslight companies." PASSED April 20, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: cute mortgages. SECTION 1. Any gas company organized under the provisions of the general law, being chapter thirty-seven of the laws of eighteen hundred and forty-eight, entitled "An act May exeto authorize the formation of gaslight companies," may, upon obtaining the written assent of the holders of two-thirds of its stock, mortgage all or any part of its real estate for the purpose of securing the payment of any bonds that may be issued or debt that may be contracted for the extension or improvement of its works. And any company incorporated organizaby special act for the purpose of manufacturing or supplying tion under gas in any city or village, may organize under the act hereby amended by the holders of two-thirds of its capital stock signing, acknowledging and filing a certificate as required by the first section of said act; whereupon, the rights, privileges, franchises and property of such company shall vest in the corporation so organized, subject only to the provisions and restrictions of said act and the acts amendatory thereof. $2. All acts and parts of acts inconsistent with this act are hereby repealed. 53. This act shall take effect immediately. Ante, vol. 3, p. 849. CHAP. 483. AN ACT to prevent injury and loss of life to persons on railroad cars, and in relation to a uniform for the employees thereof. PASSED April 22, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows: the act. SECTION 1. It shall be the duty of every railroad company or Platforms corporation in this state, and every railroad company or cor- to cars. poration running, or that may hereafter run its passenger cars in this state, to cause the platforms upon the ends of all passen officers. ger cars to be so constructed that when said cars shall be coupled together, or made up into trains and in motion, danger of injury to persons or loss of life between the ends of said cars by falling between the platforms of said cars while passing from one car to another, shall, so far as practicable, be avoided. It shall be the duty of every railroad company operating a railroad in this state by the power of steam, to designate and Uniform for prescribe such peculiar uniform or external apparel to be worn by its officers, agents and employees, engaged in or about its passenger offices or stations, or on or about its trains upon its tracks, as shall plainly, to all travelers, distinguish all such persons; and such uniform or apparel shall also plainly indicate or distinguish the position or rank of the wearer in the employment of such company. It shall be the duty of every such person to provide and wear such apparel or uniform when employed as aforesaid. And every such company that shall fail to designate and prescribe such apparel or uniform, and to also cause the same to be generally worn by all such persons from and after six months from the passage of this act, shall forfeit to the people of this state, and be liable to pay to the treasurer of this state, on the first day of January next following the expiration of said six months, and on every first day of January thereafter, the sum of ten thousand dollars. It shall be the duty of the. attorney-general of this state, in the name of the people thereof, to sue for and recover said penalties for the benefit of the state. And in case of the refusal or omission of any person aforesaid to wear said uniform or apparel, as contemplated by this act, or to obey any reasonable rule or regulation of any such company relative to the same, or the wearing thereof, it shall be the right and duty of every such company to deduct and retain the amount of five per cent of the agreed or accustomed compensation of such delinquent person during the period of such neglect or refusal. And every person who shall advise or use any persuasion to induce any person being an officer, agent or employee of any such company, to leave the service of such company by reason of any such apparel or uniform being required to be worn, or to refuse to wear the same, or any part thereof, every person who without authority shall wear such uniform or apparel, and every person being an officer or agent in any company aforesaid who shall use any inducement with any person aforesaid to come into the employment of any other such company, by reason of any apparel or uniform so required or designated to be worn, shall severally, by reason thereof, be guilty of a misdemeanor and be liable to be punished for such offense. § 2. Each and every violation of this act by any railroad company or corporation shall, on conviction, be punished by a fine of not less than fifty dollars nor more than five hundred dollars, to be sued for and collected in the name of the people of the state of New York by the attorney-general, and the moneys, when collected, to be paid into the general fund of the state. 3. This act shall not operate or be construed to exempt railroad companies or corporations from liability for damages to persons who may be injured or sustain loss or damage by or through any neglect to comply with the provisions of this act. § 4. Time shall be allowed to all railroad companies or Time for corporations to comply with the provisions of this act as fol- complying lows, to wit: One quarter of all the said cars of each of said companies or corporations shall be made to conform to the requirements of this act within three months from and after the passage of this act, one other quarter thereof within six months, one other quarter thereof within nine months, and the remaining one quarter thereof within one year from and after the passage of this act. $5. This act shall take effect immediately. CHAP. 494. AN ACT to amend an act entitled "An act to amend the PASSED April 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. Section five of "An act to amend the Revised Statutes in relation to trials by jury," passed April thirteenth, eighteen hundred and sixty-one, is hereby amended so as to read as follows: 5. All acts and parts of acts inconsistent with this act are hereby repealed; but nothing in this act contained shall be construed to repeal or in any wise affect sections fifty-four and fifty-five of article four, title four, chapter seven, of part three of the Revised Statutes. S2. This act shall take effect immediately. Ante, vol. 4, p. 649., vol. 2, p, 437. |