Privileges of in his own name, in any court having cognizance thereof; and if any person who shall pass either of the said gates, shall refuse to inform the collector of tolls of the distance he or she has travelled on the said road, every person so offending shall forfeit for each offence to the said company five dollars, to be recovered in action of debt by the treasurer, in his own name, in any court having cognizance thereof. VIII. And be it further enacted, That the companythe company hereby incorporated shall have and enjoy all the rights, privileges, powers and immunities, which are given and granted in and by the before recited act, and shall be subject to all the conditions, provisions, restrictions and regulations, contained in the same, saving and excepting where the same are contrary to the provisions. of this act. CHAP. XXXVIII. An ACT appointing Commissioners to lay out the Road therein mentioned from Canandaigua to the mouth of Genesee river. Passed March 20, 1812. 1. BE it enacted by the people of the state of New.. York, represented in Senate and Assembly, That John Brocklebank, Asa Hickox and Samuelt Felt, be, and they are hereby appointed commissioners to lay out a road from the upper end of main street, in the town of Canandaigua, on the most direct and eligible route to Rufus Dryers, in the town of Bloomfield; from thence in the most direct and eligible route to the mouth of Genesee river, in the town of Boyle; and that the Same, when laid out, shall be deemed and considered a public highway, and shall be worked and kept in repair by the several towns through which the same shall pass. II. And be it further enacted, That each of said commissioners shall be allowed for his services as aforesaid, two dollars per day; and it shall be the duty of the supervisors of the county of Ontario to make provision for such compensation as soon as may be after the per-. formance of the service hereby required. CHAP. XXXIX. An ACT to amend the act, entitled "an act for the relief of George Brown, executor of Arnold Potter, deceased." W Passed March 20, 1812. HEREAS it is represented to this Legislature Preamble: that John Nicholas, one of the trustees appointed in and by the act, entitled "an act for the relief of George Brown, executor of Arnold Potter, deceased," has wholly refused and declined to act in the premises as such trustee: And whereas Sarah Potter, widow of the said Arnold; and John Clark, guardian of the infant heirs of said Arnold, have, by their petition, prayed for the appointment of John C. Spencer as a trustee, and for certain amendments to the act herein before recited: Therefore, Spencer ap pointed a room of John trustee in the Nicholas, I. Be it enacted by the people of the state of New York, represented in Senate and Assembly, That John John C. C. Spencer, of the town of Canandaigua, in the county of Ontario, be, and he is hereby appointed a trustee in the room and place of the said John Nicholas, to do and perform all the duties by the act aforesaid required to be performed by the said John Nicholas, in conjunction with Nathaniel W. Howell and George Brown; and that the assent of all the said trustees shall be necessary to the sale of any part of the estate of the said Arnold Potter, for the payment of his debts, to the execution of deeds, in pursuance of such sales, and also in pursuance of contracts entered into by the said Arnold Potter in his life time, any thing in the act hereby amended to the contrary notwithstanding: Provided Proviec however, That the said John C. Spencer shall execute a bond to the infant children of the said deceased, in the manner prescribed in and by the third section of the act hereby amended, before entering upon the execution of the trust vested in him by this act. the governor II. And be it further enacted, That in case any va- vacancies to cancy shall be occasioned by the death, inability or re- be filled by fusal to serve, of the said trustees, or any of them, it shall and may be lawful for the person administering the government of this state to appoint some other fit and Proviso. Fourth sec tion of the amended re pealed. discreet person or persons to supply any such vacancy, which person or persons so appointed shall have the like power and authority as the trustee or trustees in whose place he or they may be appointed, and shall be subject to the like duties and restrictions as are provided for such trustees by this act, and the act hereby amended! Provided, That the trustee or trustees so to be appointed shall execute a bond, in the manner prescribed in and by the third section of the act hereby amended, before he or they shall enter upon the trust vested in him or them. III. And be it further enacted, That the fourth secact hereby tion of the act hereby amended be, and the same is hereby repealed; and that the monies which shall arise from the sale of lands, and from the granting of conveyances, pursuant to this act and the act hereby amended, shall be applied by the trustees now appointed, or hereafter to be appointed, to the payment of the debts of the said deceased, according to the legal order of payment, as in the case of executors; and that the trustees shall annually, on the first of January in each and every year, upon their oath, render to the surrogate of the The truetees County of Ontario a just and true account, in writing, account of of all sales made by them, whether for the payment of debts, or in pursuance of contracts, of the application of all monies arising from such sales, and of all their proceedings in the premises; and the trustees for their trouble in and about the said business, shall be allowed to deduct and retain one per cent from the amount of the monies arising from such sale. to render an sales made to the surrogate of Onta rio. G. Brown N. W. an account IV. And be it further enacted, That it shall be the ell to render duty of the said George Brown and Nathaniel W. of all sales Howell, two of the trustees appointed in and by the them hereto act hereby amended, to render to the surrogate of the surrogate county of Ontario, on oath, a just and true account, in made by fore to said writing, of all sales made by them pursuant to the act hereby amended, and of the application by them, or either of them, of the monies arising from such sales, on or before the first day of June next; and that a refusal or neglect by them, or either of them, to render such account, and the refusal or neglect of the trustees to render the account prescribed by the preceding section of this act, shall in either case be deemed a refusa! to serve and execute the trust vested in them by this act, and the act hereby repealed. State. The Legislator pe [NOTE.-The foregoing act, having been considered as a revised act, was not numbered in the order of its passing as it was intended that the revised acts should have a numerical arrangement, distinct from the general laws of the session.] I. 1812. Passed May 21st, 1812. B York, represented in senate and assembly, That E. it enacted by the pe ple of the state of New-Jer Inspectors meet. Supreme &c. to the public building erected in the city of New-York for II. And be it further enacted, That the inspectors shall have the charge and custody of the prison, and prisoners therein, and they may appoint and emplo under them a principal keeper, a deputy keeper, and as for the ga vernment of the prison. spectors. Inspectors to have charge of and to ap cer many assistant keepers as they shall deem proper: and whenever there shall happen to be no principal keeper, all the duties and power of principal keeper shall devolve and be executed by the deputy keeper, until a principal keeper shall be appointed and all writs of habeas corpus to be granted in behalf of any person to confined in the said prison shall be directed to and returned by the keeper of the said prison for the time being. Writs of d be return ed by the keeper. ors to ap point an agent. His duty. III. And be it further enacted, That it shall and may The Inspect be lawful for the inspectors of the state prison to appoint an agent, who shall, previous to his entering on the duties of his office, give such security for the faithful performance thereof as the said inspectors shall require, and whose duty it shall be, under the direction of the said inspectors, to attend daily at the said prison, to view and superintend all the business thereof, to examine whether the keepers have been careful and vigilant, and to enquire generally into the state of the prison, as well as the health, conduct and safe keeping of the prisoners; and to employ them in useful work, in such manner as will be most beneficial to the public, and suitable to their various capacities; to purchase their provisions, and articles for their clothing and bedding, and the provision for the keepers; and also to purchase the tools and implements necessary for the convicts, and all the raw materials to be manufactured; of all which he shall render a weekly account for the examination of the inspectors, or visiting committee. And it shall also be the duty of the said agent to superintend all the manufacturing and mechanical business that is or may be carried on within the said prison, and receive the articles so manufactured, and dispose of the same for the benefit of the state, under the direction of the said inspectors. And that the said inspectors shall appoint one or more clerks to keep the books and accounts of the state prison, and to assist the agent in the performance of his duty. All contraets to be made in IV. And be it further enacted, That all the contracts the name of and dealings on account of the said institution, shall the agent. be transacted by and in the name of the agent of the |