money to the people of this State, or to any person other than loan officers, in trust for the people of this State shall be paid to the treasurer, the comptroller shall give a certificate thereof, which being duly proved and minuted on the margin of the registry of such mortgage shall operate as a discharge of such registry.

neglect to

And be it further enacted That it shall also be the duty of the Suits for comptroller, to cause suits to be brought and duly prosecuted against account. all persons who shall refuse or neglect to account for monies received by them belonging to this State, or who shall refuse or neglect to pay any money due to this State; and it shall be the duty of the attorney general of this State for the time being, or either of the assistant attornys general to commence and prosecute all such suits; but no suit shall be commenced for any debt due to this State until six months after the same shall have become due and payable.

ance on

And be it further enacted, That it shall be the duty of the comp- Attendtroller to attend the legislature during their sessions, and all petitions the and applications to the legislature for pecuniary compensation, when legislature. referred to the comptroller to make order, shall be by concurrent resolution, and when referred to him to report thereon, shall be by order of the house in which such petition shall be preferred.

moneys to

And be it further enacted That if at any time in any year there When shall be legal demands on this State and by law directed to be paid be bor and not sufficient money in the treasury to satisfy the same then and rowed. in every such case, it shall be lawful for the comptroller in the name and on behalf of the people of this State to borrow a sum sufficient for that purpose of the bank of New York or bank of Albany at the usual discount and to draw a warrant for the same in favor of the treasurer, and charge him with the amount thereof; but shall take care to draw a warrant on the treasurer for the repayment thereof as soon as there shall be money sufficient for that purpose in the treasury. And be it further enacted That the comptroller shall be allowed as Compensaa compensation for his services and expences including clerk hire office hire and stationary a salary of three thousand dollars a year payable quarter yearly, and it shall be lawful for him to draw warrants on the treasurer for the payment thereof as the same shall become

due.

tion.

And be it further enacted, That this act shall take effect as to When act ap- to take pointment of the comptroller from the passing thereof; but shall effect. not take effect as to the duties to be performed by him, or as to his salary until the first day of May next.

And be it further enacted, That this act shall be and continue in How long force three years from the passing thereof and no longer.

CHAP. 22.

AN ACT for the appointment of commissioners to settle such part of the line of division between the towns of Oyster Bay and Huntington, as is therein mentioned.

PASSED the 17th of February, 1797.

to be in

force.

WHEREAS a controversy has for a long time existed between the Preamble. towns of Oysterbay and Huntington respecting a part of the division line between the said towns; and whereas the said towns have by per

Commis

establish

line.

sons duly authorised and appointed for that purpose united in an application to the legislature for an act appointing commissioners to settle the said controversy: Therefore

Be it enacted by the People of the State of New York, represented in sioner to Senate and Assembly, That Richard Hatfield, Ebenezer Purdy and boundary Elias Newman Esquires, be and they are hereby constituted and appointed commissioners to hear and determine the controversy subsisting between the towns of Oysterbay and Huntington, relative to the western boundary line of the town of Huntington, from the meadow adjoining the South Bay to the Atlantic Ocean; and finally to ascertain, fix and determine the same

Assistants.

Survey of boundary.

Oath to be taken.

Examina

nesses, etc.

And be it further enacted, That each of the towns aforesaid shall furnish such number of assistants as chain-bearers, flag-carriers, and for other services incident to the execution of this act, as the commissioners shall deem requisite, who shall attend upon the said commissioners, and perform the duties enjoined by them.

And be it further enacted, That the commissioners aforesaid shall be and they are hereby authorized and empowered to run and determine the western boundary line of the town of Huntington, from the meadow adjoining the South Bay to the Atlantic Ocean; agreeable to the charters or letters patent, by which the lands, meadow and marsh within the two towns, were granted to the original proprietors or patentees, and according to such just and equitable construction, as the words of those instruments, and the evidence of other ancient and authentic records and documents relative to the premises will authorize; which determination shall be final and conclusive with respect to the jurisdiction of the said towns.

And be it further enacted, That each of the said commissioners before he enters upon the execution of the duties enjoined by this act, shall take an oath before one of the justices of the supreme court of this State, or before one of the judges of the court of common pleas of any county of this State, faithfully and impartially to the best of his skill and judgment to perform the trust hereby reposed in him. And be it further enacted, That the said commissioners or any two tion of wit of them thall be and they hereby are empowered to summon any person or persons to appear before them, when and as often as they shall think proper, to be examined concerning the said matters in controversy, and to bring with them all such books, papers and other written evidence as the said commissioners or any two of them shall think necessary, and it shall and may be lawful for the said commissioners or any one of them to administer an oath or affirmation to the witnesses to be examined before them, to declare the truth touching the matters in question; and if any person or persons being summoned by writing subscribed by any two or more of the said commissioners and duly served upon such person or persons, at least three days before the time required by such summons, for his, her or their attendance, and shall refuse or neglect to give such attendance, or to be examined on oath or affirmation, or to bring or produce such written evidence, as shall be required by the said commissioners, or any two of them, every such person so refusing or neglecting, not having a lawful and reason'able let or, impediment to the contrary, and having been paid or tendered according to his or her degree or calling, such reasonable sums of money for his or her costs and charges as, having regard to the distance of the place, is necessary to be allowed in that behalf, shall forfeit for every such refusal or neglect the sum of fifty dollars, to be recovered with costs of suit in any court of record having cognizance

thereof, by action of debt to be brought in the name of the person or persons at whose request such witness was summoned.

tion, filing

And be it further enacted That the determination of the said com- Determinamissioners, or any two of them as aforesaid being duly acknowledged of." or proved before a judge of the supreme court of this State, or a mas ter in chancery in the same manner as deeds and other writings are proved and acknowledged, shall be entered of record in the office of the secretary of this State, and the same or a record thereof, or an exemplification of such record, shall be good evidence of such determination in all courts both of law and equity.

allowed.

And be it further enacted That the determination aforesaid shall One year be made within one year after the passing of this act.

how paid.

And be it further enacted That all the expences, costs and charges Expenses, which shall arise or accrue in running and determining the boundary line aforesaid, or on account of any thing respecting the execution of the trust herein before specified, shall be audited and allowed by the commissioners, and shall be equally paid and borne by the said parties, that is to say, one half by the town of Oysterbay, and the other half by the town of Huntington.

CHAP. 23.

AN ACT to render the funds of this State more productive of

revenue.

PASSED the 17th of February, 1797.

WHEREAS Certain monies belonging to this State in the funds of the Preamble. United States are made payable by installments in small sums: And whereas this State will be liable to inuch loss and embarrassment from annual provisions for reloaning the said installments: And whereas economy requires that the public monies should be placed in the most productive situations: Therefore

States

the banks

Be it enacted by the People of the State of New York represented in Sale of Senate and Assembly, That it shall be lawful for the treasurer of this United State to sell and transfer to the president directors and company of stocks to the Bank of New York, and that it shall be lawful for the said corpo- of New ration to buy all the stock of the United States bearing a present in- York. terest of six per cent usually denominated six per cent stock, and all the stock to bear an interest of six per cent after the year one thousand eight hundred, usually denominated deferred stock & held by him as trustee for this State, on the following terms, that is to say,that the price of the said stocks shall be the nominal value thereofthat the purchase money shall be payable on the second Tuesday of May which will be in the year one thousand eight hundred and nine-that the purchase money for the six per cent stock, shall bear a present interest at the rate of six per cent per annum, payable half yearly; and the purchase money for the deferred stock shall bear a like inter est after the year one thousand eight hundred. That the said corporation may sell the said stocks again in like manner as their other estate or property-that on the purchase of the said stocks, the total amount of the debts which the said corporation may at any time owe, may exceed the amount to which they are at present restricted, in the

Approval of gover

nor or at

torney general.

Treasurer

tor of bank.

proportion which the aggregate sum of the nominal value of the said stocks, added to a million of dollars shall exceed the said sum of one million dollars-that as often as payments shall be made by the United States on account of the principal of the six per cent stock, the said corporation may from time to time buy stocks of the United States, to the nominal amount of the said payments, any thing in the act incorporating the stockholders of the said bank, to the contrary thereof notwithstanding-And that whenever during the period aforesaid the legislature shall deem the occasion to require it, the said corporation shall make loans to the State, to bear a like interest, and otherwise on such terms as shall be reasonable, and to such amount as the exigencies and circumstances of the said bank shall on each respective occasion, in the judgment of the directors thereof for the time being, permit.

And be it further enacted and it is hereby provided That no obligation or covenant concerning the premises shall be passed or executed between the treasurer and the said corporation until the same shall have been approved by the person administering the government of this State for the time being, or by the attorney general thereof, together with one or more of such counsel learned in the law as the person administring the government of this State, shall for that purpose appoint.

And be it further enacted, That if the said sale and transfer to the said to be direc- corporation shall be made, then and in such case, the treasurer of this State for the time being, shall ex officio be one of the directors of the said corporation, in addition to the number of directors already prescribed by law; and that this provision shall continue until the purchase money aforesaid shall have been paid to the State: Provided however, that if the office of comptroller should hereafter be established, then the treasurer shall cease to be by this act a director, and the comptroller for the time being shall ex officio be one of the said directors.

Proviso as to comp

troller.

Statements to be made to governor.

Banks of

public

And be it further enacted, That it shall be the duty of the director by this act appointed on the part of this State, to furnish to the person administring the government of this State, as often as he may require a statement of the amount of the capital stock of the said corporation, and of the debts due to the same; of the monies deposited therein; of the notes in circulation and of the cash on hand; any bye law, ordinance, or regulation of the said corporation to the contrary thereof notwithstanding.

And be it further enacted, That the Banks of New York and Albany depot for shall be the places of deposit for all or such part of the public monies at any time in the treasury of this State, as the treasurer shall deem adviseable to deposit in bank for safety or convenience.

moneys.

Accept-
ance of
act by
Bank of
New York.

And be it further enacted That the acceptance of the aforesaid transfer by the said president directors and company of the Bank of New York shall be deemed and taken to be a full and complete acquiescence in, and consent on their part to, all and every the provisions contained in this act.

CHAP. 24.

AN ACT to authorize the comptroller of this State to subscribe to the Bank of Albany.

PASSED the 24th of February, 1797.

WHEREAS by the act entitled "An act to incorporate the stock- Preamble. holders of the Bank of Albany," it is enacted, that this State shall have a right to subscribe any number of shares to the said bank not exceeding in the whole, the number of fifty at any time when they shall by law authorize any person or persons for that purpose; and the State shall have a right to increase the number of shares and stock which the said corporation may hold to the amount of the number of shares so to be subscribed, if the number of shares therein limited shall be subscribed before such subscription shall take place on the part of the State. And whereas the number of shares limited to the said corporation have been already subscribed, and it is conceived proper, that this State should subscribe fifty shares to the said bank: Therefore

tion by

Albany.

Be it enacted by the People of the State of New York, represented in SubscripSenate and Assembly, That it shall and may be lawful for the comp- State to troller of this State, and he is hereby authorized and directed, as soon Bank of as conveniently may be, to subscribe for and on behalf of the people of this State, fifty shares to the said bank, and to draw a warrant on the treasurer to pay for the same, out of the monies lately received by him on account of principal stock of the United States, which then stood in his name and the treasurer is hereby directed, to receive the certificates to be given for the said shares, and keep them in the treasury, subject to the direction of the legislature.

ler to vote

And be it further enacted, That it shall and may be lawful for the Comptrolcomptroller of this State for the time being, from time to time to for direcvote for directors of the said bank for and in respect to the said fifty tors, etc. shares, for and in behalf of this State, and from time to time to draw warrants in favor of the treasurer for the dividends and profits of the said shares, who shall receive and keep the same in the treasury of this State until disposed of by law.

bank in

And be it further enacted, That the shares in the said bank shall Stock of be and hereby are increased from six hundred, being the number lim- creased. ited by said act to six hundred and fifty shares; and that the stock of the said bank shall be and hereby is increased twenty thousand dollars, being the sum to be paid for the said fifty shares to be subscribed for this State as aforesaid.

CHAP. 25.

AN ACT to confirm the proceedings of the last courts of common pleas and general sessions of the peace held in the county of Onondaga.

PASSED the 24th of February, 1797.

WHEREAS by an act passed at the present sessions of the legislature Preamble. it is enacted, that the courts of common pleas and general sessions of the peace, next thereafter to be holden in the county of Onondaga