AN ACT to direct the Secretary to procure a State Standard of Long Measure, and for other Purposes. 1 I. 2 B' Passed April 11, 1808. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That as soon as may be after the passing of this act, it shall be lawful for the secretary of this state, and he is hereby directed, to procure two steel, brass or copper rods, of the same length of a certain brass standard three feet rod, English measure, belonging to the corporation of the city of New-York, one of which rods he is hereby directed to retain in his own hands, as a state standard, and the other he shall deliver to the assistant state sealer of weights and measures. II. And be it further enacted, That the treasurer, on the warrant of the comptroller, shall pay to the secretary the costs of procuring said rods. 3 III. And be it further enacted, That the board of supervisors of the several counties of this state, shall at the cost of each respective county, procure a like rod, for a county standard, within nine months after the passing of this act, which rod shall be delivered to the county sealer of weights and measures, but in such county as hath no county sealer, it shall be delivered to the county treasurer, to be used as a county standard. 4 5 6 IV. And be it further enacted, That the said county sealer or county treasurer shall be paid six cents, for comparing and making each yard stick or rod, that shall be presented to him for that purpose, over and above his reasonable costs, for making such rod to compare, if it does not compare when brought to him for that purpose. V. And be it further enacted, That the said state standard rods shall be marked with the letters N. Y. and the said county standards shall be marked by the secretary or assistant state sealer in such other way as the said secretary shall direct. VI. And be it further enacted, That no surveyor shall for any surveys made after one year after the passing of this act, give evidence in any court of record in this state, in any cause where the title of lands is in dispute as a surveyor, respecting the lines of said land, unless said surveyor can swear his chain, when measuring said land, was conformable to the standard measure of this state. AN ACT to amend an Act, entitled "An Act relative to the Lots of Land reserved for the Support of the Gospel and Schools, and for the Promotion of Luerature in the Military Tract in the County of Onondaga," passed March 23, 1798. I.BE Passed April 11, 1808. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the monies arising from the annual rents and profits of the gospel lots, in each township, shall be equally divided by the supervisor and commissioners appointed in each township, between the several religious societies legally organized in such township; and that the monies arising from the annual rents and profits of the several school lots shall be distributed among the schools kept in each respective township by teachers to be approved of by the supervisor and commissioners constituted by the act to which this is an amendment, or a majority of them in said township, in proportion to the aggregate number of days which the scholars in each respective school shall have respectively attended such schools in the year immediataly preceding such division. II. And be it further enacted, That the powers. privileges and restrictions contained in the first mentioned act, passed 23d March, 1798, shall be and the same are hereby extended to all the townships in this state wherein any lot or lots of land are reserved for the support of the gospel and schools; Provided nevertheless, That wherein any of the aforesaid townships the lots are already leased according to the vote of the people of any such township, in legal town meeting assembled, in pursuance of the provisions of the act aforesaid, such lease or leases shall be deemed to be good and valid in law, any thing in the aforesaid act to the contrary notwithstanding. AN ACT in addition to an Act concerning Fines and Recoveries of Lands and Tenements. B Passed April 8, 1808. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That in all cases of fines and recoveries hereafter to be levied or suffered, the original writ and the proceedings had thereon, shall, instead of the general terms heretofore used, contain an accurate description of the lands and tenements intended to pass, enure or be conveyed by such fine or recovery by the actual metes and bounds and situation thereof, or in such way that persons not parties may know with convenient certainty, what is intended so to be passed or conveyed; and it is hereby made the duty of the court, before such fine or recovery shall be levied or suffered, to examine the description of the property, and if the same does not correspond with the true intent and meaning hereof, the parties shall not be permitted further to proceed therein. II. And be it further enacted, That in all cases of fines and proclamations, hereafter to be levied, the parties shall publish a notice thereof, five weeks successively, in one of the newspapers printed in the city of New-York, and in the newspaper printed by the printer to the state, which notice shall contain the names of the parties, the description of the property and the time of levying the fine; and that the last proclamation shall not be made until the court is satisfied that notice has been given as aforesaid. CH A P. CCXXI. AN ACT to prevent the Obstructions in the Streams and Waters therein WH mentioned. Passed April 11, 1808. THEREAS it is represented, that the settlers adjoining sundry streams and rivulets, in the counties of Cayuga and Seneca, are in the practice of felling trees, and otherwise discharging wood into said waters, whereby the same may become obstructed, to the great damage of others; For remedy whereof, I. BE it enacted by the People of the State of New-York, representedin Senate and Assembly, That if any person shall, from and after the first day of June next, cut down or cause to be cut down, any tree or trees into the waters herein after named; or shall discharge into the same, any logs, branches of trees, slabs or other timber, which may obstruct the free and natural passage of the said waters, in any part of their extent herein after described, such person shall for each and every such offence, forfeit the sum of five dollars, to be recovered, with costs, in any court having cognizance thereof, for the benefit of the poor of the town in which such offence shall be committed. II. And be it further enacted, That the waters of Fall creek, in the towns of Dryden and Ulysses; the waters of the Cascadilla creek, in the town of Ulysses; the waters of the Six-mile creek, from Cantine's mills to its junction with the stream called the Cayuga inlet, and the waters of the said Cayuga inlet from its first forks in the county of Tioga to the Cayuga lake, shall be and hereby are declared subject to. the provisions of this act. AN ACT to repeal a Part of an Act for establishing and improving- WH THEREAS a petition hath been presented to the legislature, by the company and directors of the western inland lock navigation, signed by the president, John Murray, under the seal of their corporation, offering to surrender that part of their grant west of the Oneida lake; Therefore, BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the said surrender is hereby accepted; and that the powers of the said company shall henceforth and for ever cease and be void, so far as it respects their grant west of the Oneida lake, and is hereby vested in the people of this state, and the said company shall be and hereby is discharged of all duties imposed on them, by the above recited act, so far as they relate to waters lying west of the Oneida lake. CHAP. CCXXIII. AN ACT respecting the American Citizens who perished in the Jersey BE Passed April 11, 1808. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the surveyor-general is hereby authorized and required under the directions of the commissioners of the land-office, to lay out so much of the unappropriated lands of the state, as will in his estimation produce a sum not exceeding one thousand dollars, and from and after two years from the passing of this act to sell the said lands, in lots or otherwise, at public auction, and to ap 1 propriate, under the direction of the person administering the government of this state, the proceeds of said sale, not exceeding the sum aforesaid, towards the interment at the Wallabout, on Long-Island, of the relics of those American citizens, who perished in the Jersey prisonship during the revolutionary war, and towards the erection of a suitable monument, commemorating their merits and sufferings in the cause of their country. CHA P. CCXXIV. AN ACT concerning the Interest of the People of this State, to the Patents therein mentioned. Passed April 11, 1808. HEREAS it appears, from a representation of the surveyor of Glen's patent, is probably included in the Royal-Grant, and belongs to the people of this state; and whereas it would induce considerable embarrassment to enforce the said claim; Therefore, BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That all the right, title and interest of the people of this state, to the said narrow strip of land, be and the same is hereby granted and released to, and vested in the respective proprietors of the adjoining lots in Glen's patent, and to each of them respectively, as far as the said narrow strip of land adjoins his respective lot as aforesaid, CHA P. CCXXV. AN ACT for the further Encouragement of Steam-Boats, on the Waters of this State, and for other Purposes. I. Passed April 11, 1808. BE it enacted by the People of the State of New York, represented in Senate and Assembly, That whenever Robert R. Livingston and Robert Fulton, and such persons as they may associate with them, shall establish one or more steam-boats or vessels, other than that already established, they shall, for each and every such additional boat be entitled to five years prolongation of their grant or contract with this state: Provided nevertheless, That the whole term of their exclusive privileges shall not exceed thirty years, after the passage of this act. II. And be it further enacted, That no person or persons, without the licence of the persons entitled to an exclusive right to navigate the waters of this state, with boats moved by steam or fire, or those holding a major part of the interest in such privilege, shall set in motion or navigate upon the waters of this state, or within the jurisdiction thereof, any boat or vessel moved by steam or fire; and the said person or persons, so navigating with boats or vessels moved by steam or fire, in contravention of the exclusive right of the said Robert R. Livingston and Robert Fulton, and their associates, or legal representatives, shall forfeit such boat, or boats and vessels, together with the engine, tackle and apparel thereof, to the said Robert R. Livingston and Robert Fulton, and their associates. III. And be it further enacted, That the penalties so incurred may be sued for and recovered within any court of record of this state, having cognizance thereof. IV. And be it further enacted, That if any persons shall combine, for the purpose of injuring or destroying any boat, sloop or other ves sel navigating the waters of this state; and if any person shall wilfully, and with the express intention to destroy or injure such boat, sloop or other vessel, and thereby put in danger the lives of the passengers, or people navigating such boat, sloop or other vessel; the persons so combining, or the person so wilfully attempting to injure or destroy such boat, sloop or other vessel, shall respectively be considered guilty of a misdemeanor, and on conviction, shall be fined in a sum not exceeding two thousand dollars, or imprisonment for a time not exceeding twelve months, or both in the discretion of the court before whom such conviction takes place. B CHA P. CCXXVI. AN ACT for the Punishment of Public Defaulters. Passed April 11, 1808. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That if any officer of this state, entrusted with public monies by virtue of such office, shall fraudulently or corruptly apply any of the same to any purpose or purposes incompatible with the duties of his office, whereby the people of this state shall sustain any loss, the officer so acting, shall be considered guilty of a high misdemeanor, and on conviction thereof, shall be fined in a sum not exceeding ten thousand dollars, or imprisoned for a term not exceeding ten years, or sentenced to confinement at hard labor, in the state-prison, for a term not exceeding five years, in the discretion of the court having cognizance thereof, according to the nature and aggravation of the offence. 3. 2. ...... .... CONTENTS. 1. Recorder, of the city of Albany, vetted with certain powers in relation to infolvency. In what cafe may tax bills of coit, and fign judgment rolls of fup. court. Of the city of Hud fon, vetted with certain powers in relation to infolvency. 4. Clerk of the fup. court at Albany, in absence of recorder, to perform certain duties, at New York, in abfence of recorder, to perform certain duties. 5. AN ACT to vest certain Powers in the Recorders of the Cities of Albany and Hudson, and for other Purposes. 1 I. BE Passed April 11, 1808, E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the powers vested in, and the duties enjoined on the recorder of the city of New-York, as a commissioner, ex officio, by the act, entitled "an act concerning the supreme court;" by the act, entitled "an act for relief against absconding and absent debtors;" by the act, entitled "an act to prevent unjust imprisonment, by securing the benefit of the writ of habeas corpus ;" and by the act, entitled" an act for giving relief in cases of insolven |