CERTIFICATE OF DEPOSIT. § 10. All fees for protesting the circulating notes issued Fee of pro FORM (Of the Post Certificate of Deposit in Talmage v. Pell, 3 Selden, 328.) "Samuel F. M Cracken, Daniel Kilgore, and Joseph S. Lake, Commissioners, have deposited in this bank thirteen thousand eight hundred and thirty three 88-100 dollars, payable to their order, on the return of this certificate-on demand after 5th August, 1840." (Of post-notes in Leavitt v. Yates, 4 Edw. Ch. R., 134; and Yates v. Tylee, 3 Barb. S. C. R., 222.) NORTH AMERICAN TRUST AND BANKING COMPANY. "$1,000." "No." "NEW YORK, December 15, 1840." "Thirteen months after date, the NORTH AMERICAN TRUST "D. E. TYLEE, Cashier." "The payment of this obligation, with others, amounting in the aggregate to $600,000, is guaranteed by the transfer of securities estimated at $800,000, under a Deed of Trust executed between the Company and Henry Yates, Thomas G. Talmage, and William Curtis Noyes, Trustees, bearing even date herewith." ONE THOUSAND DOLLARS. paid. testing, how by any banking association or individual banker, shall be paid by the person procuring the services to be performed for which such association or banker shall be liable, but no part of the securities deposited by such association-or banker shall be applied to the payment of such fees. Powers of bank commissioners, associations, &c. §11. Every banking association and individual banker, extended to carrying on banking business, or who shall hereafter carry on banking business, under the act to authorize the business of banking, shall be subject to the inspection and supervision of the bank commissioners, whose powers and duties shall be the same, in respect to said banking association or individual banker, as they are, or may be, in respect to any of the incorporated banks of this State. When and how associa 12. In case any of the said associations or indivitions to be dual bankers shall refuse to submit its books, papers, and FORM (Of "Life and Fire Bonds" in Attorney General v. Life and Fire Ins. Co., 4 Paige, 224; 9 Paige, 471-476; see p 43, ante, note 16.) "THE LIFE AND FIRE INSURANCE COMPANY promise to pay, six months after date, to H. KINGSLAND, or his order, at their office, one thousand dollars, with interest at the rate of six per cent. per annum, from the date hereof; interest payable quarterly." "For the payment whereof, the Company bind themselves and their successors, and have hereunto caused their President and Secretary to subscribe their names. NEW YORK, April 10, 1824.' "M. L. DAVIS, Secretary." (Signed) "H. ECKFORD, President." FORM (Of certificates of deposit in North American Trust and Banking Co. v. Hunt, see note 16, p. 45, ante.) FORM (Of certificates of deposit in New York Life Insurance and Trust Co. v. Beebe, 3 Selden, 364; see note 12, p. 26, ante.) against. concerns to the inspection of said commissioners, or either proceeded of them, or whose officers shall refuse to submit to be examined upon oath touching the concerns of such association or individual banker, by said commissioners or either of them, or which shall be found to have violated any law of this State, binding upon such association or individual banker, such association or individual banker shall be liable to be proceeded against by said commissioners, in the same manner and with the like effect as any incorporated bank may be proceeded against for a violation of its charter. Additional bank com § 13. There shall be appointed one additional bank commissioner, whose style and term of office, powers, du- missioner, ties, compensation and manner of appointment, shall be the same as those of the present commissioners. The salary of such commissioner shall be paid quarterly by the treasurer, on the warrant of the comptroller, and the amount thereof retained by the comptroller and paid into the treasury, out of the interests upon the securities deposited with the comptroller by the said banking associations and individual bankers, in proportion to the amount of securities deposited by each. § 14. Nothing in the act hereby amended shall be construed to prevent any body corporate, which may have power to hold, receive, or transfer, shares of public debt, bank stock, or the like personal property, from also holding, receiving, or transferring any transferable shares of the stock of associations organized under the said act. Former act vent certain owning stock not to pre corporations of associations. 1 ACT OF MARCH 15th, 1841. (LAWS 1841, CHAP. 46, P. 26.) Fourth section of banking act amended. AN ACT to amend the act entitled "An act to authorize the business of banking," passed April 18, 1838. Passed March 15, 1841. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1. The fourth section of the act entitled "An act to the general authorize the business of banking," passed April 18, 1838, shall be modified so as to read as follows: In case the maker or makers of any such circulating note or notes countersigned and registered as aforesaid, shall at any time hereafter, on lawful demand, during the usual hours of business between the hours of ten and three o'clock, at the place where such note or notes is or are payable, fail or refuse to redeem such note in the lawful money of the United States, the holder of such note or notes making such demand may cause the same to be protested for nonpayment by a notary public under his seal of office in the usual manner; and the comptroller, on receiving and filing in his office such protest, shall forthwith give notice in writing to the maker or makers of such note or notes to pay the same; and if he or they shall omit to do so for ten days after such notice, the comptroller shall immediately thereupon (unless he shall be satisfied that there is a good and legal defence against the payment of such note or notes) give notice in the State paper, that all the circulating notes issued by such person or association, will be re deemed out of the trust funds in his hands for that purpose; and the comptroller shall be required to apply the said trust fund belonging to the maker or makers of such protested notes to the payment, pro rata, of all such circulating notes, whether protested or not, put in circulation by the maker or makers of such protested notes, pursuant to the provisions of this act, and to adopt such measures for the payment of such notes as will in his opinion most effectually prevent loss to the holders thereof. § 2. This act shall take effect immediately. ACT OF MARCH 16th, 1841. (LAWS 1841, CHAP. 56, P. 33.) AN ACT respecting suits and legal proceedings by or against banking associations. Passed March 16, 1841. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Actions may be com declaration. § 1. Actions instituted against any association established or to be established under the provisions of the menced by "Act to authorize the business of banking," passed April 18, 1838, or of any act amending the same, may be commenced by declaration, and copies of such declaration may be served on the president or cashier of such association, and in their absence on any director at the usual place of business thereof, or in such other manner as the court in which such action is brought may direct. But all such actions shall nevertheless be commenced only against the |