for the fixed by the corporation of the said city for the ground A. D. 1811. at that place, and on such wall erect a suitable wooden fence; and they are also authorised to erect a drain to carry under ground the stream of water passing through the said lot, and the treasurer, on the warrant of the g700 apcomptroller, is hereby directed to pay to the said secre-propriated tary and surveyor-general, such sum or sums for defraying the expense of said erections as they may require, not exceeding seven hundred dollars; and the said secretary and surveyor-general shall account with the comptroller for the expenditure of the monies to be by them so as aforesaid received. same for com XXXIX. And be it further enacted, That the trea- $4000 apsurer pay, on the warrant to the comptroller, to the com propriated missioners appointed for erecting the Capitol in the city pleting the of Albany, such sum as the said commissioners may Capitol require, not exceeding four thousand dollars, for the purpose of finishing the said Capitol and the out houses necessary thereto. XL. And be it further enacted, That the treasurer J. V. Ingen shall, on the warrant of the comptroller, pay to James to receive Van Ingen, former clerk of the assembly, thirty dollars for his attendance previous to and on the first day of the present session, and also the amount of his account for incidential expenses, to be audited by the comptroller. XLI. And be it further enacted, That it shall be the duty of the secretary of this state to cause the acts gress, how of the Congress of the United States which now are or may hereafter be received at his office, to be distributed in the same manner as the laws of this state are now by law or concurrent resolution of the senate and assembly directed to be distributed. Acts of con distributed Parsonage shocon may be sold XLII. And be it further enacted, That the elders and deacons, and their successors, mentioned in the fourth lands in Asection of the act entitled "An act to enable the trustees of the several churches and congregations therein mentioned to sell their respective parsonage lands for the purposes therein mentioned," passed the 5th of April instant, shall be deemed and taken as applying and having reference to the elders and deacons of the reformed protestant Dutch church, at Ashocon, in Marbletown, Ulster county. tion of New monies A. D. 1811. XLIII. And be it further enacted, That it shall be Corpora- lawful for the mayor, aldermen and commonalty of the York to pay city of New-York, to pay to the trustees of the concertain gregation of Shearith Israel, in the city of New-York, the like sum as was paid to the other religious congregations respectively by virtue of the act entitled "An act directing certain monies to be applied to the use of free schools in the city of New-York," and the act entitled "An act respecting the free school of St. Peter's church in the city of New-York," the monies so paid to be applied according to the directions of the first mentioned act, and the treasurer of this state is hereby directed to pay to the said mayor, aldermen and commonalty of the city of New-York, the sum so paid by them out of the unappropriated money arising from the duties on sales at auction in the said city. cers may read in courts of common XLIV. And be it further enacted, That the several Certain offi- and respective first judges and judges of the several take affida- courts of common pleas, and the several mayors and revits to be corders of the respective cities in this state, shall be and are hereby authorised and empowered to take and certify affidavits to be read in all the said courts of common pleas and mayor's courts respectively, and that the said affidavits shall have the same credit and effect as if the same were taken before a judge or mayor or recorder of the court in which the same shall be required to be used, and no further or other effect. pleas and mayor's court. Remission of certain XLV. And be it further enacted, That all persons quit rents who shall appear to have made actual purchases and im provements within the periods mentioned in the third section of the act concerning quit rents on lands in Harpersfield, shall be entitled to the remission of arrears contemplated by the said section, whether the vendor shall appear to be bound to pay such arrears or not. Private acts printed by the state be read in XLVI. And be it further enacted, That all private printer may acts passed or to be passed by the legislature and printevidence ed by the printer of the state, shall and may be read in evidence in all cases and in all courts in this state from scized of an the printed statute book, any law or usage to the contrary notwithstanding. Persons estate in remainder may maintain an action of waste or 110spass XLVII. And be it further enacted, That it shall and may be lawful for any person or persons seized of an estate in remainder or reversion, to maintain an action of waste or trespass for any injury done to the inheri. A. D. 1811. tance, notwithstanding any intervening estate for life or for years. Mayor of may sus state prison XLVIII. And be it further enacted, That it shall New-York be lawful for the mayor of the city of New-York, at any pend the time in his discretion, on the representation of the in-captain of spectors of the state-prison that the public interests re- guards. quire the measure, to suspend the captain of the stateprison guard from the execution of the duties of his office, which suspension may continue until the sense of the council of appointment shall be had thereon. Whereas the book for the registering of deeds that were deposited in the office of the clerk the city and county of Albany by virtue of an act entitled "An act for registering deeds and conveyances relative to the military and bounty lands," passed 8th January, 1794, still remains in the office of the clerk of the said city and county. And whereas great inconvenience arises to persons interested in said lands in not having the book in which the deeds and conveyances of those lands are thus registered in the clerks office of the county in which such deeds and conveyances are now deposited: Therefore, Albany to XLIX. Be it further enacted, That it shall and may Clerk of be lawful for the clerk of the city and county of Albany deliver to to deliver to the clerk of the county of Cayuga, or to his the lerk of order, the book in which the deeds and conveyances tain books were registered by virtue of the aforesaid act. Whereas it is not provided by any law of this state to punish any delinquencies in the horse artillery organized under the act entitled "An act to organize the militia of this state:" Therefore, Cayuga cer of registry horse artil L. Be it further enacted, That the delinquencies of Delinquen any officer, non-commissioned officer or private, for eier in the non-attendance on any parade or otherwise, shall be lery, how punished in the same manner as is provided for the of punished ficers, non-commissioned officers and privates of the artillery of this state. LI. And be it further enacted, That no company of No compahorse artillery of this state shall be dissolved by virtue ny to be dis of the said act, if such company shall within one year ing 30 men after they are organized have thirty men equipped ac solved hav 1 A.D. 1811. cording to the said act, any thing in any former law to the contrary in anywise notwithstanding. stores au thorised to tain lands LII. And be it further enacted, That the commisCommisary of military sary of miltary stores, under the direction of the person administering the government of this state, and upon lease cer- such terms and conditions as he shall approve, may lease the public lands contiguous to the arsenal in the city of Albany, which may not be required for immediate public use, for a term or terms not exceeding seven years from the passing of this act, and that such leases when made, be deposited with the comptroller, who is hereby authorised and required to collect the rents as they become due, agreeably to the tenor of such leases. $500 to be LIII. And be it further enacted, That the annual paid the re- sum of five hundred dollars granted to the trustees of university Columbia college during the pleasure of the legislature by the act entitled "An act respecting Union college, and for other purposes therein mentioned," shall be in future paid to the Regents of the University for the benefit of the college of physicians and surgeons in this gents of the common state. LIV. And be it further enacted, That it shall and may be lawful for the person administering the governSystem for ment to appoint five commissioners to report at the next meeting of the legislature, a system for the organization and establishment of common schools, and the distribution of the interest of the school fund among the common schools in this state. schools to be reported Governor's and taxes to ner's con penses LV. And be it further enacted, That the treasurer house, rent shall, on the warrant of the comptroller, pay the rent and be paid taxes of the house occupied by his Excellency the Gov$750 for ernor; and that a sum not exceeding seven hundred and the gover fifty dollars be paid on the order of the governor for tingent ex- contingent expenses in administering the government. LVI. And be it further enacted, That it shall be lawAmerican ful for the American fur company, for the better manmay issue agement of their trade and commence, to issue promissory notes in their corporate name, signed by the president and countersigned by the secretary, which shall be binding and effectual as bonds under their seal, but the amount of such notes shall never exceed at any one Proviso time more than one hundred thousand dollars: And fur compa notes provided also, That no notes shall be issued made payable to bearer, nor for any sum less than one thousand dollars; and that it shall not be lawful for said company to employ any part of its capital in any banking business, or in any trade or commerce prohibited by the charter of said incorporation. A. D. 1811. or town clk. ty from con LVII. And be it further enacted, That it shall and Supervisors may be lawful for either the supervisors or town clerk to take cerof any town in this state to receive and take from all the tain securiconstables elected in their several towns, the security stables. required in and by the fourth section of the act entitled "An act relative to the office of constables and collectors of taxes," passed March 22d, 1811, any thing contained in the said section or act to the contrary notwithstanding. Proceeds of certain land applicable LVIII. And be it further enacted, That the proceeds to the dis of the lands lately purchased from the Oneida Indians, charge of or shali be and hereby are made applicable to the discharge mands on of the ordinary demands on the treasury. CHAP. CCXLVII. An ACT to incorporate the Tioga turnpike road com pany. Passed April 9th, 1811. dinary de the treas❜iy I. E it enacted by the people of the state of New- Tioga turn B York, represented in a company in John Cantine, Levi Slater, Christian Hart and all such corporated. other persons as shall associate with them for the purpose of making a good and sufficient turnpike road, to begin where the Jerico and Bath turnpike crosses the line of the counties of Tioga and Cayuga, thence running southerly till it intersects the Owego and Ithaca turnpike, a distance of about ten miles, to be laid out by commissioners on the most direct and practicable route, shall be and hereby are created a body politic and corporate, in fact and in name, by the name and style of "the president, directors and com- Their style pany of the Tioga turnpike company," and by that and corpo name they and their successors shall and may have continual succession, and shall be in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and rate rights |