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TITLE 18 above specified, and shall cause the certificate and affidavit to be filed with their clerk.62

On what vouchers bounty to

$7. Duplicate certificates, stating all the bounties that shall have been allowed by the board at any meeting, shall be made under their be paid by County trea- direction, and after being certified by their chairman and clerk, shall be delivered to the county treasurer, who shall thereupon pay to the several persons named in such certificate, out of any monies in the county treasury, the bounties to them respectively allowed.62

sarer.

One half to

be charged to the state.

Vouchers to be sent to comptroller.

Duty of comptroller;

$ 8. The county treasurer shall charge to the treasurer of the state, the one half of all bounties allowed by the boards of supervisors of their respective counties, and shall transmit an account thereof to the comptroller, accompanied by one of the duplicate certificates received from the board of supervisors. The several county treasurers shall also procure and transmit with such account, a certified copy of the original certificates and affidavits filed with the clerk of the board of supervisors, upon which the bounties mentioned in such account shall have been allowed. 62

39. The comptroller shall examine every account so to be received by him; and if he shall suspect that any such account, or any part may require thereof, ought not to be allowed, he may suspend, either in whole, or in part, as he may think proper, the payment of such account, until satisfactory proof be made to him, by affidavit, or otherwise, of the justice of such account.62

further proof.

of its not be. ing giveu.

Sums allow

ed to be paid to county

treasurer.

Further bounties by

Lies.

$10. If the further proofs produced to the comptroller, shall not be satisfactory to him, he shall reject such portion of the account as shall have been suspended; and his decision thereon shall be final and conclusive.

S 11. Every sum audited and allowed by the comptroller, upon any such account, not exceeding the one half of the bounties allowed by the board of supervisors of the county from which the same shall have been transmitted, shall be paid out of the treasury of this state, to the treasurer of such county.

S 12. The boards of supervisors of the several counties of Allegacertain coun- ny, Broome, Cattaraugus, Clinton, Delaware, Essex, Greene, Jefferson, Herkimer, Oneida, St. Lawrence, Steuben, Sullivan, and Ulster, shall have power, at the expense of their respective counties, to award and allow such other and further bounties, for the destruction of wolves and wolf whelps, and such bounties for the destruction of panthers, as they may think proper; not exceeding ten dollars for each grown wolf, five dollars for each wolf whelp, and five dollars for each Proof requir-panther. The same proof shall be required in such cases, as is herein before prescribed, and such additional bounties, when duly allowed and certified, shall be paid out of the county treasury.63

ed.

(62) Laws of 1822, p. 26, § 1, 2, 3, 4, 5, 8 & 11. (63) Ib. § 12, and laws of 1825, p. 135. § 1.

ART. 1.

Penalty for

$ 13. If any justice of the peace, or other officer, who shall be applied to for a certificate under this Title, shall wilfully give a false certificate in the premises, such justice, or other officer shall be deem- false certified guilty of a misdemeanor, and on conviction thereof, shall be punished by fine, or imprisonment, the fine not to exceed one thousand dollars, and the imprisonment not to exceed two years.64

cates.

TITLE XIX.

OF BROKERAGE, STOCK-JOBBING, AND PAWN-BROKERS.

ART. 1.-Regulations concerning brokers.

ART. 2. Of stock-jobbing.

ART. 3. Of pawn-brokers.

ARTICLE FIRST.

Regulations concerning Brokers.

Sec. 1. Rate of brokage, &c. and fee for making bond, &c. prescribed. 2. Excess over rate, may be recovered back within one year.

3. If neglected for a year, overseers of poor may recover excess. 4. Persons liable to be sued, may be compelled to discover, &c.

5. Persons discovering and returning excess, exonerated from further penalty.

brokage, &c.

$1. No person shall, directly or indirectly, take or receive more Rate of than fifty cents for a brokage, soliciting, driving, or procuring the loan or forbearance of one hundred dollars for one year, and in that proportion for a greater or less sum; nor more than thirty-eight cents, Fee for makfor making or renewing any bond, bill, note or other security given bond, &c. for such loan or forbearance, or for any counter bond, bill, note, or other security concerning the same.65

ing, &c.

$2. Every person who shall pay, deliver, or deposit any money, Excess may property, or thing in action, over and above the rate aforesaid, and his back. personal representatives may, within one year after such payment, delivery, or deposit, sue for and recover the same of the person so taking or receiving such money, property, or thing in action, or, of his personal representatives.

seers of poor

excess.

$3. In case such suit shall not be brought within the time above When overprescribed, in good faith, or in case it shall be discontinued, or wilfully may recover delayed, then the overseers of the poor of the city or town where the offence was committed, may, within one year after such neglect, discontinuance, or delay, sue for and recover the money, property, or thing in action, so received, delivered, or deposited, from the person receiving the same, or his personal representatives, for the use of the poor of the county.

S4. Every person who shall be liable to be sued by virtue of the Discovery, foregoing provisions, shall be obliged and compellable to answer led.

(64) Laws of 1822, p. 26, § 12, and Laws of 1825, p. 135, §1. (65) The provisions of this Title, with some variations, are taken from 1 R. L. p. 65, § 3 & 4.

&c.compel

TITLE 19. upon oath, any bill that shall be preferred against him in the court of chancery, for discovering the money, property or thing in action so illegally received, and may be compelled by the decree of such court to return the same.

Discovery,
&c. to oxon-
erate from

further pe

nalty.

$5. Upon the discovery of the money, property, or other thing so illegally received, and the repayment and return thereof, with the payment of the costs of such suit, the person making such discovery and return shall be acquitted and discharged from any other punishment, forfeiture or penalty, which he may have incurred by reason of having so illegally received such money, property, or other thing so discovered and returned.

ARTICLE SECOND.

Of Stock-Jobbing.

Contracts for sale of stocks)

seller own the

stock.

SEC 6. Contracts for sale of stocks void, unless seller own the stock.

7. Wagers concerning prices of stocks, &c. void.

8. Money, &c. delivered upon contracts or wagers, to be recovered back.

$6. All contracts, written or verbal, for the sale or transfer of any void, unless certificate or other evidence of debt due by or from the United States or any separate state, or of any share or interest in the stock of any bank, or of any company incorporated under any law of the United States or of any individual state, shall be absolutely void, unless the party contracting to sell or transfer the same shall, at the time of making such contract, be in the actual possession of the certificate or other evidence of such debt, share or interest, or be otherwise entitled in his own right, or be duly authorised by some person so entitled, to sell or transfer the said certificate or other evidence of debt, share or interest so contracted for.66

Wagers upon price of stock void.

any

S7. All wagers concerning the price or prices, present or future, of any part of debt due by or from the United States or any separate state, or of any share or interest in the stock of any bank or other company incorporated under the laws of the United States or any individual state, or of any certificate or other evidence of any such debt or part of such debt, or of any such share or interest, shall be void.66 $ 8. Every person who shall pay or deliver any money, goods or may be reco. thing in action, by way of premium or difference, in pursuance of any contract or wager in the two last sections declared void, and his personal representatives, may recover such money, goods or other thing in action, of and from the party receiving the same, and his personal representatives. 66

Money. &c. delivered,

vered back.

ARTICLE THIRD.

Of Pawnbrokers.

SEC. 9. Pawnbroking for more than legal interest, unless licensed, prohibited.
10. When search warrant to issue for property pledged with pawnbroker.

(66) 2 R. L. p. 187, § 18.

SEC. 11. Powers of constable in executing such warrant.

12. Property seized to be restored, or delivered to claimant on giving bond. 13. Penalty and condition of bond to be given by claimant.

TITLE 20.

prohibited,

cities.

$9. No person shall carry on the business of a pawnbroker, by Pawnbroking receiving goods in pledge for loans at any rate of interest above that except in allowed by law, except in those cities where by their charters the corporations have the power of licensing such pawnbrokers. A violation of this provision shall be deemed a misdemeanor.

Search war

rants for pro

$10. Whenever any person shall make oath before any justice of the peace, police justice or assistant justice, that any property belong-perty pawned ing to him has been embezzled or taken without his consent, and that he has reason to believe and suspect, and does suspect that such property has been pledged with any pawnbroker, such justice, if satisfied of the correctness of such suspicions, shall issue his warrant, directed to any constable of the city or place, commanding him to search for the property so alleged to have been embezzled or taken, and to seize and bring the same before such justice.

executed.

$ 11. The constable to whom any such warrant shall be directed How to be and delivered, shall have the same power to execute the same, and shall proceed in the same manner as in the case of a search warrant issued upon a charge of larceny.

seized, how

S 12. Upon any property so seized by virtue of such warrant, be- Property ing brought before the magistrate who issued the same, he shall cause disposed of. such property to be delivered to the person so claiming to be the owner thereof, on whose application the warrant was issued, on his executing a bond as herein after directed; and if such bond be not executed within twenty-four hours, such justice shall cause the said property to be delivered to the person from whose possession it was taken.

given by

$ 13. Such bond shall be in a penal sum equal to double the value Bond to be of the property claimed, with such surety as the justice shall approve, claimant. to the person from whose possession the property was taken, with a condition that the person so claiming the same will on demand pay all damages that shall be recovered against him in any suit to be brought within thirty days from the date of such bond, by the pawnbroker from whose possession the said property was taken.

TITLE XX.

OF UNAUTHORISED BANKING, AND THE CIRCULATION OF CERTAIN
NOTES OR EVIDENCES OF DEBT ISSUED BY BANKS.

SEC. 1. Associations for certain banking purposes, prohibited.

2. Penalty for subscribing, becoming member or interested.

3. Unauthorised corporations prohibited from certain banking operations.

4. Penalty on officers, &c. for violating last section.

5. Notes, &c. on loans made contrary to former sections, void.

6 & 7. Penalty on unauthorised persons engaging in banking operations.

TITLE 20.

Associations

for certain

poses, pro

hibited.

SEC. 8. Circulation of bank bills under one dollar, prohibited.

9. Penalty, how and in what time to be sued for.

10. Bank bills payable otherwise than in money, not to be circulated.

11. Penalty, in what time and how to be sued for.

12. Bank bills receivable for debts, to be deemed promissory notes.
13. Penalties, how to be sued for and applied.

$ 1. No person unauthorised by law, shall subscribe to, or become banking pur- a member of, or be in any way interested in, any association, institution or company, formed, or to be formed, for the purpose of receiving deposits, making discounts or issuing notes or other evidences of debt, to be loaned or put in circulation as money; nor shall any person unauthorised by law, subscribe to or become in any way interested in, any bank or fund created, or to be created for the like purposes, or either of them.67

Penalty.

Prohibition of unauthorised

S2. Whoever shall subscribe to or become a member in any such company, or interested in any such bank or fund, shall forfeit one thousand dollars.67

$ 3. No incorporated company, without being authorised by law, corporations. shall employ any part of its effects, or be in any way interested in any fund that shall be employed, for the purpose of receiving deposits, making discounts or issuing notes or other evidences of debt, to be loaned or put into circulation as money.

Penalty.

Notes, &c. on forbidden

$ 4. Any director, or other agent or officer, of any incorporated company, who shall violate any provision of the last section, shall forfeit one thousand dollars.

$5. All notes and other securities for the payment of any money loans, void. or the delivery of any property, made or given to any such association, institution or company, that shall be formed for the purpose expressed in the first section of this Title, or made or given to secure the payment of any money loaned or discounted by any incorporated company or its officers, contrary to the provisions of the third section of this Title, shall be void.67

Persons unauthorised

in certain

rations.

$6. No person, association of persons or body corporate, except not to engage such bodies corporate as are expressly authorised by law, shall keep banking ope. any office for the purpose of receiving deposits, or discounting notes or bills, or issuing any evidences of debt, to be loaned, or put in circulation as money: nor shall they issue any bills or promissory notes or other evidences of debt as private bankers, for the purpose of loaning them, or putting them in circulation as money, unless thereto specially authorised by law.68

Penalty.

$7. Every person and every corporation, and every member of a corporation, who shall contravene either of the provisions in the last section, or, directly or indirectly, assent to such violation, shall forfeit one thousand dollars.68

(67) 2 R. L. 234, § 2. (68) Laws of 1818, p. 242, § 1 & 2.

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