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$8. No person shall pay, give, or receive in payment, or in any TITLE 20. way circulate, or attempt to circulate, any bank bill, or promissory Bank bille note, check, draft, or other evidence of debt, issued by any banking under one company within this state, or elsewhere, which shall purport to be be circulated. for the payment of a less sum of money than one dollar.70

dollar not to

what time &

how to bo

sued for.

$9. Whoever shall offend against any provision of the last section, Penalty, in shall forfeit the nominal amount of the bill, promissory note, check, draft, or other evidence of debt so given, paid, received, circulated, or attempted to be circulated, to any person who will sue for the same, in the name of the overseers of the poor of the town where the offence is committed, with their consent, and under their direction, in an action to be commenced within thirty days after the commission of the of fence.70

payable oth

in money.

$10. No person shall give, pay, or receive in payment, or in any Bank bills way circulate, or attempt to circulate, any bank bill, or any promis-erwise than sory note, bill, check, draft, or other evidence of debt, issued by any banking company whatever, which shall be made payable otherwise than in lawful money of the United States."1

$ 11. Every person offending against any provision of the last section, shall forfeit the nominal amount or value of such bill, note, or other evidence of debt so given, paid, received, circulated, or offered, to any person who will sue for the same, in the name of the overseers of the poor of the town where the offence shall be committed, with their consent and under their direction, in an action to be commenced, within sixty days after the commission of the offence.71

Penalty, in

what time,

and how to

be sued for..

declared to

ry notes.

S 12. All bills, notes, or other instruments which shall be issued Certain bills by any banking company, purporting to be receivable in payment of be promisso debts due to such company, shall be deemed and taken to be promissory notes for the payment, on demand, of the sum or value expressed in such instrument; and such sum shall be recoverable by the holder or bearer of such instrument, in like manner as if the same were a promissory note.72

sued for and

S 13. The penalties prescribed in this Title, where no other pro- Penalties, vision is made, shall be recovered by suits in the name of the people how to be of this state, to be prosecuted by the district attornies of the counties applied. respectively where the offences may be committed. All penalties herein prescribed, when collected, shall be paid to the county treasurer of the county, for the use of the poor thereof.

(70) 2 R. L. p. 235, § 2. (71) Laws of 1824, p. 3803. (72) Laws of 1816-17, p. 12.

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TITLE 21.

Certain in-
Aurances by

prohibited.

Penalty.

Premium to be paid by

taininsurance

other states.

TITLE XXI.

OF INSURANCES ON PROPERTY IN THIS STATE MADE IN FOREIGN
COUNTRIES, AND BY INDIVIDUALS AND ASSOCIATIONS UNAUTHO-
RISED BY LAW.

SEC. 1. Insurances against loss by fire, by foreigners or their agents, prohibited.

2. Penalty, and application thereof.

3. Premium to be paid by agents of certain insurance companies of other states.

4. Persons not to act as agents without giving bond.

5. Penalty for making, &c. insurance, without having given bond.

6. Penalties how collected and applied.

$1. No person, association, or company of persons, residing in any foreign country, and no incorporation established in a foreign country, nor any person in behalf of them or any of them, shall directly or indirectly make any contract of insurance, or by way of insurance, against loss or injury by fire, upon any house, building or goods, situated or being in this state.73

S2. Whoever shall offend against the foregoing provision, shall forfeit one thousand dollars, for the use of the poor of the county where such illegal contract shall be made.73

$ 3. There shall be paid into the treasury of this state, on the first agents of cer- day of February in each year, by every person who shall act as agent companies of for any individuals or associations of individuals not incorporated and authorised by the laws of this state to effect insurances against losses by fire, although such individuals or association may be incorporated for that purpose by any other state, the sum of ten dollars upon the hundred dollars, and at that rate upon the amount of all premiums, which, during the year ending on the preceding first day of September, shall have been received by such agent or any other person for him, or shall have been agreed to be paid, for any insurances effected, or agreed to be effected or procured by him as such agent against loss or injury by fire.74

Bond to be given by agents.

$ 4. No person shall, as agent for any individuals or association, effect or agree to effect any insurances, upon which the duty above mentioned is required to be paid, or as agent or otherwise procure such insurance to be effected, until he shall have executed and delivered to the comptroller a bond to the people of this state, in the penal sum of one thousand dollars, with such sureties as the comptroller shall approve, with a condition that he will annually render to the comptroller, on the first day of February in each year, a just and true account of all premiums which, during the year ending on the first day of September preceding such report, shall have been received by him or by any other person for him, or agreed to be paid for any insurance against loss or injury by fire, which shall have been effected by him or agreed to be effected as such agent, or which shall have been procured by him from any individuals or association not autho

(73) Laws of 1814, p. 52, ch. 49, § 1 & 2. (74) Laws of 1824, p. 340.

rised as aforesaid; and that he will annually, on the first day of Feb- TITLE 21. ruary in each year, pay into the treasury of this state, ten dollars up- Its penalty

on the hundred dollars, and at that rate, upon the amount of such miums.75

and condi

pre- tion.

S 5. Every person who shall effect, agree to effect, or procure any Penalty. insurance specified in the preceding third section of this Title, without having executed and delivered such bond, shall forfeit five hundred dollars, for the use of the poor of the county where the offence shall be committed.75

how collect

$6. The penalties imposed in this Title shall be collected in the Penalties name of the people of this state, by the district attorney of the county ed and apwhere the offence shall be committed, for the use of the poor thereof.

(75) Laws of 1824, p. 340.

plied.

[The preceding twenty Chapters, constituting the FIRST PART OF THE REVISED STATUTES, were finally passed as one Act, by the Senate and Assembly, on the 3d of December, 1827, and were on the same day approved and signed by DE WITT CLINTON, Governor of the State.]

REVISED STATUTES

OF THE

STATE OF NEW-YORK.

PART II.

AN ACT

Concerning the acquisition, the enjoyment and the transmission of property, real and personal; the domestic relations, and other matters connected with private rights.

WHEREAS it is expedient that the several statutes of this state, relating to the acquisition, the enjoyment and the transmission of property, real and personal; the domestic relations, and certain matters connected with private rights; should be consolidated and arranged in appropriate chapters, titles and articles; that the language thereof should be simplified; and that omissions and other defects should be supplied and amended: Therefore,

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

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Of Real Property, and of the Nature, Qualities and Alienation of Estates therein.

TITLE 1. Of the tenure of real property, and the persons capable of holding and conveying estates therein.

TITLE 2. Of the nature and qualities of estates in real property,

the alienation thereof.

TITLE 3. Of estates in dower.

and

TITLE 4. Of estates for years, and at will, and the rights and duties of

landlords and tenants.

TITLE 5.-Miscellaneous provisions of a general nature.

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