TITLE 20. except in cities. Search warrants for property pawned. How to be executed. Property above that 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. $10. Whenever any person shall make oath before any justice of the peace, police justice or assistant justice, that any property belonging 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. S 11. The constable to whom any such warrant shall be directed 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 $ 12. Upon any property so seized by virtue of such wardisposed of rant, being brought before the magistrate who issued the same, he shall cause 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 twentyfour hours, such justice shall cause the said property to be delivered to the person from whose possession it was taken. $ 13. Such bond shall be in a penal sum equal to double the value of the property claimed, with such surety as the justice shall approve, 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. Bond to be given by claimant. [712] Associa tions for TITLE XI. OF UNAUTHORISED BANKING, AND THE CIRCULATION OF CER- SEC. 1. Associations for certain banking purposes, prohibited. 2. Penalty for subscribing, becoming member or interested. 3. Unauthorized corporations prohibited from banking. 4. Penalty for violating last section. 5. Loans made contrary to former sections, void. 6 & 7. Penalty on unauthorised persons engaging in banking operations. 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 TITLE 20. purposes, become a member of, or be in any way interested in, any 2 R. L., 234, § 2; see Laws of 1837, ch. 20; 4 N. Y., 463; 17 B., 378; S2. Whoever shall subscribe to or become a member in any Penalty. such company, or interested in any such bank or fund, shall forfeit one thousand dollars. 4 N. Y., 463. tion of un corpora $3. No incorporated company, without being authorised Prohibiby law, shall employ any part of its effects, or be in any way authorised interested in any fund that shall be employed, for the purpose tions. of receiving deposits, making discounts or issuing notes or other evidences of debt, to be loaned or put into circulation as money. 15 N. Y., 58; 12 N. Y., 505; 9 W., 392. 54. Any director, or other agent or officer, of any incorpo- Penalty. rated company, who shall violate any provision of the last section, shall forfeit one thousand dollars. on forbid $ 5. All notes and other securities for the payment of any Notes, &c., money or the delivery of any property, made or given to den loans, any such association, institution or company, that shall be vold. 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. 19 J. R., 5. authorised gage in cer tions. $6. No person, association of persons or body corporate, Persons unexcept such bodies corporate as are expressly authorised by not to en• law, shall keep any office for the purpose of receiving deposits, fam bankor discounting notes or bills, or issuing any evidences of debt, ing operato 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. Laws of 1818, 242, § 1 & 2; see Laws of 1837, ch. 20; 16 N. Y., 511; S7. Every person and every corporation, and every mem- Penalty. ber of a corporation, who shall contravene either of the TITLE 20. except in cities. Search warrants for property pawned. How to be executed. Property seized, how above that 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. $10. Whenever any person shall make oath before any justice of the peace, police justice or assistant justice, that any property belonging 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. S11. The constable to whom any such warrant shall be directed 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. $12. Upon any property so seized by virtue of such wardisposed of. rant, being brought before the magistrate who issued the same, he shall cause 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 twentyfour hours, such justice shall cause the said property to be delivered to the person from whose possession it was taken. $ 13. Such bond shall be in a penal sum equal to double the value of the property claimed, with such surety as the justice shall approve, 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. Bond to be given by claimant. [712] Associa tions for TITLE XI. OF UNAUTHORISED BANKING, AND THE CIRCULATION OF CER- SEC. 1. Associations for certain banking purposes, prohibited. 2. Penalty for subscribing, becoming member or interested. 3. Unauthorized corporations prohibited from banking. 4. Penalty for violating last section. 5. Loans made contrary to former sections, void. 6 & 7. Penalty on unauthorised persons engaging in banking operations. 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 TITLE 20. purposes, become a member of, or be in any way interested in, any certain 2 R. L., 234, § 2; see Laws of 1837, ch. 20; 4 N. Y., 463; 17 B., 378; S2. Whoever shall subscribe to or become a member in any Penalty. such company, or interested in any such bank or fund, shall forfeit one thousand dollars. 4 N. Y., 463. tion of un corpora S3. No incorporated company, without being authorised Prohibiby law, shall employ any part of its effects, or be in any way authorised interested in any fund that shall be employed, for the purpose tons. of receiving deposits, making discounts or issuing notes or other evidences of debt, to be loaned or put into circulation as money. 15 N. Y., 58; 12 N. Y., 505; 9 W., 392. 54. Any director, or other agent or officer, of any incorpo- Penalty. rated company, who shall violate any provision of the last section, shall forfeit one thousand dollars. on forbid void. S 5. All notes and other securities for the payment of any Notes, &c., money or the delivery of any property, made or given to den loans, 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. 19 J. R., 5. authorised gage in cer tions. $6. No person, association of persons or body corporate, Persons unexcept such bodies corporate as are expressly authorised by not to en⚫ law, shall keep any office for the purpose of receiving deposits, tan bankor discounting notes or bills, or issuing any evidences of debt, ing operato 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. Laws of 1818, 242, § 1 & 2; see Laws of 1837, ch. 20; 16 N. Y., 511; $ 7. Every person and every corporation, and every mem- Penalty. ber of a corporation, who shall contravene either of the Penalty, in and how to provisions in the last section, or, directly or indirectly, assent to such violation, shall forfeit one thousand dollars. See Laws of 1837, ch. 20; 1 Hilt., 98; 2 B. Ch., 301. S8. No person shall pay, give, or receive in payment, or in any way circulate, or attempt to circulate, any bank bill, or promissory note, check, draft, or other evidence of debt, issued by any banking company within this state, or elsewhere, which shall purport to be for the payment of a less sum of money than one dollar. 2 R. L., 235, § 2. S9. Whoever shall offend against any provision of the last section, 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 offence. § 10. No person shall give, pay, or receive in payment, or in any way circulate, or attempt to circulate, any bank bill, or any promissory 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. Laws of 1824, 303. $ 11. Every person offending against any provision of the what time, last section, shall forfeit the nominal amount or value of be sued for 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. Certain bills de S 12. All bills, notes, or other instruments which shall be clared to be issued by any banking company, purporting to be receivable promissory in payment of 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. Penalties, how to be sued for and applied. Laws of 1816-17, 12. S 13. The penalties prescribed in this Title, where no other provision is made, shall be recovered by suits in the name of the people of this state, to be prosecuted by the district attornies of the counties respectively where the offences may be committed. All penalties herein prescribed, when col |