W CHAP. LVI An ACT for the relief of the purchasers of land in the A. D. 1811. principal ditions. Be it enacted by the people of the state of New-York, Time for represented in Senate and Assembly, That the payment payment of of the principal due to the people of this state from extendedor the said mortgagors, their assigns or grantees, who certain conare actual settlers on the mortgaged premises, be and the same is hereby suspended for four years, upon condition nevertheless, that all the interest which shall be due on the said mortgages on the first Tuesday in July next, shall be paid in four equal instalments, the first on the first Tuesday in July, one thousand eight hundred and twelve, and the remaining instalments on the first Tuesday of July in cach succeeding year, until the whole be paid; and that the mort. gagors, their heirs and assigns, shall, on or before the first day of July next, pay the costs accrued on the prosecution of the said mortgages. of this act holding eer II. And be it further enacted, That all purchasers Privileges of lands in said reservations who have not given extended to mortgages of the lands purchased, but hold certifi- P cates of their purchases given by the surveyor-gene- tificates. ral, shall have the privilege and benefits of this act extended to them. A. D. 1811. to give security. CHAP. LVII. An ACT relative to the offices of Constable and Collectors of Taxes. Passed March 22, 1811. I. E it enacted by the people of the state of New Constables each and every person who shall hereafter be elected or appointed a constable in any town in this state shall, before he enters upon the duties of his office, together with one or more freeholders of such town, to be approved of by the supervisor of such town, execute under their hands and seals before such supervisor, and cause to be filed in the office of the clerk of such town, an instrument in writing, by which such constable and his sureties shall jointly and severally agree to pay to each and every person, such sum of money as the said constable shall become liable to pay for or on account of any execution which shall be delivered to such conTo be ap- stable for collection; and on which instrument the proved by supervisor. supervisor of such town shall indorse that he approves of the sureties therein named. Constables for monies II. And be it further enacted, That such constable and his sureties shall jointly and severally be responand suret es sible to each and every person to whom such constaresponsible ble shall become liable to pay any sum of money for which con. Or on account of any execution which shall be deliveris liable to ed to such constable for collection, in the same manner as such constable would have been responsible had this act not been passed. pay. To give se curity with III. And be it further enacted, That if any such conin a limited stable shall not within ten days after his election or appointment give such security as aforesaid, his neglect shall be deemed a refusal to serve. time. Copy of instrument of dence. III. And be it further enacted, That a copy of such security cer instrument, certified by the clerk of such town, shall tified by town clerk, be prima facie evidence in all courts of the execution to be evi- of such instrument by such constable and his sureties. IV. And be it further enacted, That each person Collectors who shall hereafter be appointed or elected a collector give securi- of any town in this state, shall, before he enters upon the duties of his office, execute to the supervisor of such town a bond in double the amount of the taxes of taxes to ty. be approved sor. In what case bond given to be prose to be collected by such collector, and conditioned for A.D.1811. VI. And be it further enacted, That if any such collector shall not within eight days after he shall receive notice from the supervisor of the amount of the tax list, give such bond as aforesaid, such neglect shall be deemed a refusal to serve. VII. And be it further enacted, That no person hereafter to be elected or appointed a constable or collector in any town in this state, shall incur any penalty by such refusal to serve as is herein before mentioned. CHAP. LVIII. An ACT to provide for the building of a court-house and gaol in the county of Sullivan, and for other pur I. poses. B Passed March 22, 1811. E it enacted by the people of the state of New York, represented in senate and assembly, That it shall be the duty of the supervisors of the county of Sullivan, annually to cause to be taxed, levied and collected of and from the freeholders of the said county, such sums of money as in their opinion shall be deemed sufficient and necessary to be applied towards the building of a court-house and gaol in the said county, on the lot or site selected and fixed by the commissioners heretofore appointed for that purpose. Provided, That the Money rece vered, how Neglect to deemed a re give bond, fusal to serve No penalty incurred by serve. Supervisors to mo court-house Provise P A.D.1811. sum so to be assessed in any one year, shall not be less ers to pe building, a rintend the pointed. than five hundred, nor more than two thousand dollars, besides the fees for collection and treasurer's fees, and that the whole amount shall not exceed four thousand five hundred dollars. II. And be it further enacted, That Malachi Foot, Comissions David Hammond, John Newkirk, Darius Martin and John Lindsley, of the said county of Sullivan, shall be commissioners to superintend the building of the courthouse and gaol in the said county, on the site established as aforesaid, on such plan and construction as they or a majority of them shall think best; and the said commissioners, or a major part of them, are hereby invested with full power and authority for the purpose aforesaid, and may proceed in the premises in such manner, and at such time, as they may think proper. be filled by III. And be it further enacted, That in case of the Vacancies to death, removal or neglect of either of the said commisthe governor sioners for the space of three months, at any one time, to act in the premises, it shall be the duty of the governor of this state, and he is hereby authorised to appoint so many freeholders and inhabitants of the said county as may be necessary for supplying the vacancy or vacancies which may occur as aforesaid. Commission rer. to from IV. And be it further enacted, That the said comCry author missioners, or a major part of them, may from time to sedio draw time, draw upon the treasurer of the said county for the the treasu- whole or any part of such sum or sums to be annually collected as aforesaid, and the said treasurer is hereby directed to discharge such order as far forth as he has monies for that purpose; and it is hereby made the duty of the said commissioners to account with the superviTo account sors of the said county for the monies drawn on their with the snpervisors. order as aforesaid when thereunto required, and if it shall at any time appear that the said commissioners or any one or more of them shall have in hand any part of the said monies unexpended or unaccounted for, he or they shall be held liable for the same at the suit of the treasurer, as for so much money had and received to Liable to be the use of the said county of Sullivan; and if any of the for unexpen said commissioners shall die, having in his hands any part of the said monies not expended, his or their re prosecuted ded monies. when gaol is presentatives shall also be held liable as aforesaid, and A.D.1811. in such case the said demand shall be considered and settled for by such representatives as a debt of record. V. And be it further enacted, That as soon as the said commissioners, or a major part of them, shall be of opinion that the building to be erected as aforesaid for a Their duty gaol is sufficiently compleat for the reception and secu- completed. rity of debtors and criminals, they shall so certify under their hands, and file such certificate in the office of the clerk, and cause a copy thereof to be delivered to the sheriff of the said county, or one of his deputies, and such place from thenceforth shall be held and deemed the gaol of the said county of Sullivan, and the sheriff shall within two weeks thereafter, remove unto the the county, said new gaol all persons he may have confined in the present gaol of the said county. Building considered as when to be the gaol of Compensa commission VI. And be it further enacted, That the said commissioners shall be allowed for their services such compensation as the supervisors of the said county shall tion to the from time to time allow to be reasonable and which ers. shall be raised and levied as a part of the contingent charges of the said county. VII. And be it further enacted, That the sheriff's mileage fees be computed in the said county from the place appointed by law for holding the courts in the said county. Mileage fees to be compu from whence ted Votes where ed. VIII. And be it further enacted, That the inspectors of elections in the said county shall within four days after the closing of the polls in the several towns, return the votes taken at any election for governor, lieu- to be return tenant-governor, senators, members of assembly and d representatives in congress, to the clerk of the said county of Sullivan, and the said clerk enter the same of record, and within six days thereafter forward transcripts thereof to the clerk of the county of Ulster, in the man- clerk's duty ner directed by law, for the forwarding and delivery in relation to thereof by the several clerks of counties in this state, to votes. the secretary of the said state, and that the said clerk or the messenger appointed by him, shall be paid at the rate of twenty-five cents for each mile in going, only to compensa be computed from the clerk's office of the said county clerk for re of Sullivan to the clerk's office of the county of Ulster, returns of tion to the turning votes |