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by the common council for publishing the proceedings. The affidavit of the printer or publisher of such newspapers or of their foreman, of the publication thereof, taken before any officer authorised to take or administer oaths and filed with the clerk, or a copy of such affidavits certified by the clerk, under the corporate seal, shall be conclusive proof of such publication, in all courts and places.

Section thirty-eight of the same act is hereby amended so as to read as follows:

The common council shall at the first meeting had on or after the first day of January in each year, designate two newspapers published in the city, in which a copy of the records of its proceedings and all notices and documents, required to be published by this act, shall be printed for the ensuing year. But in case the common council shall fail to designate as aforesaid, said designation may be made at any subsequent meeting; and in case of the discontinuance of either of said papers, or of the refusal of the publisher or publishers to publish as required, then the common council shall designate some other paper or papers. The papers so designated shall be called the official newspapers.

Section forty of the same act is hereby amended so as to read as follows:

Whenever execution shall be issued by the police justice, or justice of the peace, or by any other officer acting as police justice, upon any judgment in favor of the city, the same shall be returned by the officer receiving the same to the officer who issued it, on or before the return day thereof; and if such officer neglect to return the same for twenty days after the return day thereof, the officer who issued it shall report the same to the city treasurer, who shall cause a suit to be brought against the officer for the default. No officer of the city shall receive any penalty or forfeiture due to the city, for the violation of any ordinance or claim, arising under the thirty-fourth section of this act, except the city treasurer, the officer before whom the action has been instituted therefor, or an officer having power by execution to collect it.

§2. This act shall take effect immediately.

Wheat, rye, &c.

Chap. 560.

AN ACT to amend section thirty-six of title two of chapter nineteen of part one of the Revised Statutes, relating to Weights and Measures, as amended by chapter three hundred and seventyfour of the laws of eighteen hundred and thirtysix.

Passed April 15, 1857.

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

SECTION 1. Section thirty-six of title two of chapter nineteen of part first of the Revised Statutes, as amended by chapter three hundred and seventy-four of the laws of eighteen hundred and thirty-six, is hereby amended so as to read as follows:

§ 15. Whenever wheat, rye, indian corn, buckwheat, barley, oats, beans, peas, clover seed, timothy seed, flax seed, or potatoes, shall be sold by the bushel, and no special agreement shall be made by the parties as to the mode of measuring, the bushel shall consist of sixty-two pounds of beans, sixty pounds of wheat, peas, clover seed, or potatoes, fifty-eight pounds of indian corn, fifty-six pounds of rye, fifty-five pounds of flax seed, forty-eight pounds of buckwheat or barley, forty-four pounds of timothy seed, and thirty-two pounds of oats.

§ 2. This act shall take effect immediately.

Chap. 561.

AN ACT to incorporate the Mutual Savings Bank of Troy.

Passed April 15, 1857.

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

tion.

SECTION 1. Jonas C. Heartt, Abram B. Olin, Calvin Corpora Hayner, John P. Albertson, Joseph U. Orvis, Elias Ross, John G. Buswell, James Morrison, Jr., and Nathaniel Potter, Jr., and their successors, shall be, and they are hereby constituted a body corporate and politic, by the name of "The Mutual Savings Bank of Troy," and by that name shall have perpetual succession, and may sue and be sued in any court whatever, and the said corporation shall be located in the city of Troy.

§ 2. The real estate which it shall be lawful for the Real estate said corporation to purchase, hold and convey, shall be:

1. Such as may be requisite for its immediate accommodation for the convenient transaction of its business.

2. Such as shall be mortgaged to it in good faith for money loaned in pursuance of the provisions of this act, and such as shall be embraced in mortgages assigned to it as collateral or further security.

3. Such as shall be purchased at sales upon judgments or decrees obtained or rendered for money so loaned; and the said corporation shall not purchase, hold or convey real estate in any other case, or for any other purpose; and all such real estate as is described in the second and third subdivisions of this section, shall be sold by the said corporation, within five years after the same shall be vested in it, by purchase or otherwise; and the said corporation shall not, directly nor indirectly, deal or trade in buying or selling any goods, wares or commodities whatever, except in cases where it is authorized so to do by the terms of this act, and except such personal property as may be requisite for its immediate accommodation for the convenient transaction of its business.

Manage

ment.

Objects, &c

§ 3. The trustees of said corporation shall not, directly nor indirectly, receive any pay or emolument for their

services.

§ 4. The business of said corporation shall be managed and directed by a board of nine trustees, who shall elect from their number a president and such other officers as they may see fit; five of said trustees shall form a quorum for the transaction of business; and the assent of at least five members shall be requisite in making any order for, or authorizing the investment of any moneys, or the sale or transfer of any stock or securities belonging to the corporation, or for the appointment of any officer or officers receiving any salary therefrom.

§ 5. The persons named in the first section of this act shall be the first trustees of the said corporation; and all vacancies by death, resignation or otherwise, in the said board of trustees, shall be filled by the board, or a majority of it, by ballot, without unnecessary delay, and at least a majority of the board of trustees shall be necessary for the election of any trustee. The said trustees shall hold regular meetings, at such times as the board of trustees, or a majority of it, shall agree upon, to receive the reports of their officers as to the business and affairs of the corporation, and to transact such business as may be necessary; and any trustee omitting to attend the regular meetings of the board for six months in succession, may thereupon, at the election of said board, be considered as having vacated his place, and a successor may be elected to fill the same. The supreme court may at any time for due cause, remove any trustee, on proper notice to such trustee, and affording him an opportunity to be heard in his defence.

§ 6. The general business and object of the corporation hereby created, shall be to receive on deposit such sums of money as may be from time to time offered therefor, by mechanics, farmers, tradesmen, clerks, merchants, laborers, females, married or unmarried, minors and others, in such sums and on such terms as are allowed by this act, with power to invest the same in the securities or stocks of this state, or of the United States, or in the stocks or bonds of the cities of Troy or Albany, authorised to be issued by the legislature of this state, or

to loan the same on the securities of the said stocks or bonds, and also upon bonds secured by mortgage on improved unincumbered real estate, situate in this state, worth at least double the amount secured thereby, exclusive of the value of any erection or perishable improvements thereon, but no such loan on bond and mortgage shall be for a larger sum than five thousand dollars, or in such other manner as is authorised by this act, for the use, interest and advantage of the said depositors and their legal representatives. In all cases of loans upon real estate, a sufficient bond, or other satisfactory personal security, shall be required of the borrower, and all expenses of searches, examinations and certificates of title, and of drawing perfecting and recording papers, shall be paid by such borrower; and the said corporation shall receive as deposits, from the persons of the descriptions above mentioned, all sums of money which may be offered for the purpose of such deposit, but shall not receive or hold or deposit from any person a larger sum than two thousand five hundred dollars, which sums of money shall, as soon as practicable, be invested as in this act provided, and shall be repaid to such depositor when required, at such times, with such interest, and under such regulations as the board of trustees shall from time to time prescribe, which regulations shall be put in some public and conspicuous place in the room where the business of said corporation shall be transacted, or a copy thereof be delivered to each of the depositors in said corporation. § 7. The board of trustees of the said corporation shall Rules and have power, from time to time, to make, construct, ordain and establish such by-laws, rules and regulations, as they shall judge proper for the election of their officers; for prescribing their respective functions and the mode of discharging the same; for the regulation of the times of meeting of the officers and trustees; and generally for the transacting, managing and directing the affairs of the corporation; provided, such by-laws, rules and regulations are not repugnant to this act, to the constitution or laws of this state or of the United States. No president, vice president, trustee, officer or servant of said corporation, shall, directly or indirectly, borrow the funds of said corporation, or its deposits, or in any manner use

regulations

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