*676 Agree to dismiss appeal, unless tlie appellant within ninety-days procures a concise statement of the facts and of the question of law arising thereon, and of the determination of these questions by the General Term, to be prepared and settled and annexed to the judgment-roll, and a certified copy thereof transmitted to the clerk of the Court of Appeals, pursuant to the provisions of section 1339 of the Code of Civil Procedure, and pay fifty dollars costs.

All concur.

Ordered accordingly.