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of this state, by and with the advice and consent of the A.D. 1811. council of appointment, to appoint in such of the coun- Commisties of this state (the counties of New York, Colum- siorers to be bia, Albany, Oneida and Ontario excepted,) as they in except in

me certain their discretion shall think reasonable and proper, some fit and proper person (being of the degree of counsellor at law of the supreme court,) to be a commissioner under this act for any one county, (and in which county he shall reside,) who shall be and is hereby authorised and required within such county to execute and perform all and singular the powers and duties required by this act; and each commissioner so to be appointed, before he enters upon the duties of his office, shall take and subscribe before the clerk, or any of the judges of the court of common pleas of the county for which such commissioner shall be appointed, an oath or affirmation well and truly to perform the duties prescribed by this act, which oath or affirmation shall be filed in the clerk's office of such county; and as often as need be all vacancies which may be occasioned by the removal of any commissioner out of the county for which he shall have been appointed, or by death, resignation or otherwise, may be filled in like manner as aforesaid: Provided al-When the ways, That in case any recorder of any city shall be in- of terested as either debtor or creditor to any insolvent, may exe

cute this or in case of any vacancy in any such office, and also act. where in any county there shall be no commissioner authorised to perform the several duties required by this act, or where such commissioner shall be interested in manner aforesaid, then and in every or either such case, it shall be lawful for the first judge of such counties respectively to execute and perform within their counties respectively, the several powers and duties requir- Suitson ed by this act: Provided always, That nothing in this contract

se only reliev act contained shall be construed to apply to any case able by this of imprisonment or prosecution, except cases arising act. on contract express or implied.

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this state.

222 LAWS OF NEW YORK, 34th Session, A. D. 1811.

An ACT to authorise the persons therein named to
purchase and hold real estates.

Passed April 3d, 1811.
W H EREAS it appears satisfactorily to the legis-

W lature that the aliens herein after named re. side in the United States, and intend to become cit. izens thereof: Therefore,

I. Be it enacted by the people of the state of New. liens au. York, represented in Senate and Assembly, That Israel hold real

ato Harris, Lewis Charles D'Espinville, Jean Jaques Faut estate in Hyde De Neuville and Theresa Delphina D’Espin

ville, his wife, and George William Fertherstonhaugh, William Mullock, Alexander M'Donell, an infant un. der age of twenty-one years, son of John M'Donell, late of Glengary, in the province of Upper Canada, deceased, John Polly, Lewis D’Espinville, William Johnson, and Hannah Johnson his wife, Thomas Johnson, Mary Ann Johnson, Henry Johnson and Cecil Johnson, their children, John Davenport, John Gabaudan, Edward Dismond, John M'Ginnis and William Brown, shall be and hereby are enabled to take real property in this state, either by descent or purchase, and to hold or dispose of the same in fee simple or othwise in like manner as natural born citizens : Provided always, That nothing herein contained shall be construed to confer on them any other rights appertaining to citizens, except those of taking, holding and dispos. ing of real property within this state.

II. And be it further enacted, That all acquisitions Their real of real estate heretofore made by any of the aliens above secate sull named, and all incumbrances, liens and grants by them the effects or any of them heretofore made and charged thereon, of law of that of citi- shall be as good and effectual in law as if they had been

natural born citizens of this state. J. Coltman III. And be it further enacted, That it shall be law. authorised to hold real ful for John Coltman, an alien, residing in the province

of Lower Canada, to purchase and hold real estate within this state : Provided, That the said John Coleman shall bona fide, within two years, become a resident of this state.

IV. And be it further enacted, That it shall and may




land and

hers au

hold real

for Eleanor Mulholland and Thomas Derby- A. D. 1811. shire, Nancy Sherwood and Daniel Mulholland, sever- E. Mulholally to take and hold by purchase or descent, lands, tene- bas ments and hereditaments within this state respectively, to thorised to have and to hold the same to them and to their respec- estate tive heirs and assigns forever, as fully to all intents and purposes as any natural born citizens may or can do, and that no lands, tenements or hereditaments heretofore purchased by them shall escheat to the people of this state by reason or on account of their alienism at the time of such purchase, but all such lands, tenements and hereditaments shall be understood as having vested in them, any law, usage or custom to the contrary notwithstanding.

An ACT to remedy mistakes in the sale and location
of certain lands granted by the people of this state.

Passed April 3d, 1811,
D E it enacted by the people of the state of New.

D York, represented in Senate and Assembly, That it shall be lawful for Simeon De Witt, surveyor-general of this state, to settle with the heirs, executors, or other legal representatives of William Cooper, late of the county of Otsego, deceased, all the differences between the people of this state and the said William Cooper, which may have arisen in consequence of any mistake in the sale and grant of part of the township of Sidney, in the now county of Broome, to Robert Morris, deceased, under whom the said William Cooper held the same, and also all differences that have arisen between the people of this state and the said William Cooper by means of mistakes committed by the said William Cooper in the location of the school and gospel lots in the township of De Kalb, in the county of St. Lawrence; and also all differences relating to a tract of land granted to Jeremiah Van Rensselaer and others, in the town of Masena, in said county of St. Lawrence, lying between the grass river and the river St. Lawrence aforesaid, upon such terms and in such a manner as the surveyor-general aforesaid shall deem just and reasonable, and to execute and interchange releases

Powers of

the co

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A. D. 184, with the said heirs, executors or legal repres i ves

for the purpose of carrying such settlements into full
and complete effect, and that such releases shall be final
and conclusive between the people of this state and the
said heirs and legal representatives of the said William

An ACT to amend the act entitled An act to incor-

porate the stockholders of the Commercial Insurance

Company of New York.Passed April 3d, 1811.
I. D E it enacted by the people of the state of New-

D Jork, represented in Senate and Assembly, That o it shalland may be lawful for the commercial insurance ration en company of New York, for the term of twenty years insurance. from the time of passing this act, in addition to the

business of marine insurance now carried on by them, to make insurance of any kind against fire, all kinds of insurance on the inland transportation of goods, wares and merchandizes, and insurance upon a life or lives, by way of tontine or otherwise, and to lend money upon bottomry and respondentia, and generally to do and perform all matters and things relating to the said objects; and all policies for any of the said purposes shall and may be made, and the losses thereon adjusted and paid in like manner as the policies on marine insurance are directed to be made, and the losses thereon adjusted and paid in and by the act hereby amended, and shall be in all respects of like force and

effect. Capital II. And be it further enacted, That the better to enStorke reag, able the said corporation to extend their business as ed to the a- aforesaid it shall and may be lawful for the said comonount of 9250,000. pany at any time, and from time to time, whenever

the president and directors thereof shall think it neces. ary, to increase the capital stock of the said corporation to any amount not exceeding one thousand shares, each share to be two hundred and fifty dollars, for which purpose subscriptions may be opened at such time and place as the board of directors of the said corporation shall-appoint, and under the inspection of



such person or persons as they shall designate, and sub- A. D. 1811. ject to such rules and regulations as they shall prescribe, so that the whole amount of the stock, estate and property which the said corporation shall be authorised to hold shall not exceed five hundred thousand dollars.

III. And be it further enacted, That any person being St a citizen of this state and a stockholder of the said ing 6 shares

eligible as corporation, holding in his own right at least six shares directors. of the said stock, shall be eligible as a director of the said corporation, any thing in the act thereby amend. ed notwithstanding : Provided, That no person shall be so eligible who is a director of any other marine insurance company, or who does not hold in his own right at least the aforesaid number of shares; and that if any director shall cease to hold in his own right six shares of the said stock, he shall cease to be a director, and his office shall become vacant.

IV. And be it further enacted, That this act shall be This a pube and is hereby declared to be a public act, and that the lic act. same be construed in all courts and places benignly and favorably for every beneficial purpose herein intended.

2. Lewis

An ACT establishing and regulating a ferry across

Lake Champlain, in the town of Moriah, in the

county of Essex. Passed April 3, 1811. I. D Ě it enacted by the people of the state of New

D York, represented in Senate and Assembly, That it shall and may be lawful for Robert Lewis, of the authorized

to keep a town of Moriah aforesaid, and his assigns, to set up, ferry. keep and maintain a ferry across lake Champlain, trom the land or farm of the said Robert Lewis to the town of Addison, in the state of Vermont, for and during the term of ten years, to be computed from the first day of September next. II. And be it further enacted, That if the said Robert

To erect a Lewis or his assigns shall set up a ferry as aforesaid, doek for the then it shall be their duty, and they are hereby requir-ne coon maed to erect a convenient dock or landing place, if not said ferry. already erected, on such part of the land of the said

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