directed to

low certain

is hereby authorised and required to allow and credit the afore- Comptroller said sum of four thousand and fifty-two'dollars and seventy-four credit and alcents, being the amount due for principal and interest on the accounts. said judgment, towards the satisfaction of any quit rents due to the people of this state from the heirs of the said John Thurman, deceased, and that upon the payment into the treasury of the balance remaining due on such quit rents after crediting the said sum of four thousand and fifty-two dollars and seventy-four cents, the comptroller shall give a certificate of the discharge of the said quit rents, and the aforesaid lands belonging to the heirs of the said John Thurman, deceased, now chargeable therewith, shall be therefrom exonerated and discharged accordingly.

dollars to be

rents.

II. And be it further enacted, That the sum of five thousand Five thousand dollars, appropriated by the act entitled "an act to lay out and paid out of improve a road from Hadley landing, to intersect the great road certain quit leading from Glen's Falls to the Schroon lake," passed February twelfth, one thousand eight hundred and thirteen, shall be paid by the treasurer, on the warrant of the comptroller, in the manner directed by the said act, out of the first monies arising from the arrears or commutation for quit rents due, and hereafter to grow duc, to the people of this state.

CHAP. CXXVIII.

An ACT relative to Union College Lottery.

Passed April 5, 1813.

I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall and may be lawful for the present managers of Union college lottery to make use of the surplus monies in their hands (being the proceeds of sales of tickets signed by them in the first class of Union college lottery number four) towards the payment of prize tickets signed by Stephen Thorn, since deceased, and which may still remain unpaid, in Union college lottery number three, and the first class of number four, and that they render an account to the comptroller within six months of the amount of prizes so paid by them.

II. And be it further enacted, That the attorney-general and the comptroller be and they are hereby authorised to settle and adjust the accounts of Stephen Thorn, deceased, with his legal representatives, relating to lottery number three, and the first class of number four, and to apply the monies received from them to the repayment of the sums so expended by the managers in the payment of the said prizes signed by Stephen Thorn.

CHAP. CXXIX.

An ACT relative to the Court of Probates and the Office of Surrogate.

Passed April 5, 1813.

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That in case of the death, resig nation, or removal from office of any judge of probate or surro

gate, it shall be lawful for his successor in office to complete the unfinished business pending before such judge of probate or surrogate at the time of his death, resignation or removal.

Governor may hold

CHAP. CXXX.

An ACT authorising the Governor to hold Treaties with the Indian Nations and Tribes within this state, and for other purposes.

Passed April 5, 1813.

I. BE it enacted by the people of the state of New-York, rep. resented in Senate and Assembly, That it shall and may be lawtreaties with ful for the person administering the government of this state

the Oneida

Indians.

for the time being, or his agent or agents, to hold a treaty or treaties on the part of the people of this state with the Oneida nation of Indians, or the Christian and Pagan party thereof, or any other of the Indian nations or tribes within this state, for the purpose of extinguishing their claim to such part of their lands lying within this state as he may deem proper, for such sums and annuities as may be mutually agreed upon by the parties. II. And be it further enacted, That it shall and may be lawsand dollars ful for the person administering the government of this state for that purpose. the time being, to draw from the treasury such sum or sums of money as may be necessary to defray the expense of such treaty or treaties, and for paying such part of the purchase money for the said lands as may be necessary, not exceeding three thousand dollars.

Three thou

allowed for

Pagan party allowed

the use of a

III. And be it further enacted, That that portion of the Oneida Indians known or distinguished by the name or appellation of certain lot. the Pagan party, shall be entitled to retain for their own exclusive use and occupation, all that certain lot of land belonging to the state, situated on the southwest side of Oneida creek, and extending from the mouth of Mud creek to the division line between the Pagan and Christian parties so called, containing about four hundred and twenty-eight acres, until other disposition of said lot shall be made by law.

Oneida grand

ders on Indian lands,

IV. And be it further enacted, That it shall be the duty of the juries to be justices who may hereafter hold any court of oyer and terminer, charged to present intru- or of the general sessions of the peace, in and for the county of Oneida, to charge the grand jury to prevent any person or persons, other than Indians belonging to the said Pagan party, who shall intrude, occupy or settle on, or who are now in posAnd attorney session of any part of said lot; and it is hereby made the duty to profecute. of the attorney of the Oneida Indians to prosecute all and every

offender against the provisions of this act, who shall on conviction be subject to the like penalties mentioned in the sixtyfourth section of the act entitled "an act for the payment of certain officers of government," passed the 19th day of June,

1812.

CHAP. CXXXI.

An ACT for the Preservation of the Fishery in certain Waters therein mentioned.

Passed April 5, 1813.

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall not be lawful for any person to draw any seine, set any net or make any weir in any of the small streams within the towns of Mexico, Richland and Scriba, or in Nine mile creek, Red creek, and the two branches of Sodus creek, leading into Lake Ontario, or within fifty rods from the mouth thereof, to divert salmon in their usual course in going up the said streams, and every person offending therein shall for every such offence forfeit ten dollars, besides the value of the salmon he may take by such seine, net or weir, to be recovered with costs of suit in any court having cognizance thereof, the one half of which forfeitures when recovered shall be paid to the prosecutor, and the other half to the overseers of the highways of the town where such recovery shall be had, to be applied to the repairing of the roads in such town.

CHAP. CXXXII.

An ACT for the Relief of John Fleming.

Passed April 6, 1813.

WHEREAS John Fleming, of the town of Salem, in the county of Washington, hath by his petition represented, that he being then an alien did in the year one thousand eight hundred and ten, purchase of Patrick Fleming, then also being an alien, a tract of land in the town of Salem aforesaid, containing about cighty acres, without a knowledge of his incapacity to receive a legal conveyance for the same, and praying that the said purchase may be confirmed: Therefore,

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the said John Fleming shall be and he is authorised and empowered to hold and enjoy the said tract of land so purchased of the said Patrick Fleming, as fully and absolutely to him, his heirs and assigns, as he or they might have held and enjoyed the same had he been a natural born citizen of this state at the time of the said purchase: Provided always, That nothing herein contained shall be construed to confer on the said John Fleming any other rights appertaining to natural born citizens, except those of taking, holding and disposing of the said tract of land: sind provided also, That nothing in this act contained shall be so construed or taken as to impair or defeat the lein created by virtue of any judgment of any court of record in this state, or of any mortgage, recognizance or other security obtained against the said Patrick Fleming, which would have been chargeable upon the said tract of land, in the like manner as if the said Patrick Fleming had at the time of the filing of the record of such . judgment, or making, or executing, or acknowledging such other security, or at any time thereafter, been qualified to re

ceive a conveyance of the said tract of land as a natural born citizen of this state, any thing in this act contained to the contrary thereof in any wise notwithstanding.

CHAP. CXXXIII.

An ACT for the Relief of the Heirs of John Devendorf, deceased. Passed April 6, 1813.

WHEREAS Margaret Devendorf, widow and administratrix of John Devendorf, late of the town of German-Flatts, in the county of Herkimer, deceased, Peter G. Helmer, one of the administrators of the said deceased, Rudolph Devendorf, one of the administrators of the said deceased, and guardian of Elizabeth Devendorf, Margaret Devendorf, Polly Devendorf, Christina Devendorf, John Devendorf, Jacob Devendorf and Abraham Devendorf, infant heirs of the said John Devendorf, deceased, and Henry Dygert, of the town of Frankfort in said county, have by their joint petition presented to the legislature set forth, that the said John Devendorf, deceased, during his life time, by articles of agreement bearing date the seventh day of January, in the year one thousand eight hundred and thirteen, did under his hand and seal, covenant and agree for himself, his heirs, executors and administrators, to and with the said Henry Dygert, to give to him the said Henry, on the first day of April, instant, a warrantee deed of a part, and a durable lease subject to the usual rents, of the remainder of a certain lot of land, bought by the said John of Timothy Campbell, lying in the town of German-Flatts, in said county, adjoining lots of Jand the one owned by Philip Crane, the other by Peter G. Helmer, containing about eighteen acres, and that in consideration of the premises, the said Henry Dygert, for himself, his heirs, executors and administrators, in the same articles of agreement, under his hand and seal, covenanted and agreed, to and with the said John, his heirs, executors and administrators, to pay to him the said John, his heirs and assigns, the sum of seven hundred and seventy-five dollars, with interest, at the times, and in the manner in the said articles of agreement mentioned and prescribed, and that the said Henry has paid part thereof, and is desirous that the said covenants and agreements should be carried into effect on the said first day of April, or at any time within sixty days thereafter, and that in the opinion of the said petitioners, the same would be advantageous to the heirs of the said deceased, and praying the aid of the legislature in the premises: And whereas no person is legally authorised to convey the said land: Therefore,

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall and may be lawful for the said Margaret Devendorf, Peter G. Helmer, and Rudolf Devendorf, administrators of the said John Devendorf, deceased, to release and convey by deed of warranty, the said one part, and by a durable lease subject to the usual rents, set to and farm let, unto the said Henry Dygert, his heirs and assigns, the remaining part of the said lot of land, according to the tenor and effect of the said articles of agreement, on the first day

of April, instant, or at any time within sixty days thereafter; and further, that the said deed and lease, by the said administrators made and delivered to the said Henry Dygert, at the time, or within the period last aforesaid, shall have the same effect and force as though the same were made, executed and delivered to the said Dygert by the said John Devendorf, and Margaret Devendorf, his wife, on the said first day of April: Provided always, That such conveyance shall not conclude the heirs of the said John Devendorf, deceased, unless the chancellor of this state shall indorse on the same a certificate that he is satisfied with the form of such conveyance, and that the same so made was necessary to fulfil an existing and valid contract, entered into by the said John Devendorf in his life time: And provided further, That the said administrators, before such sale shall be made and considered valid, shall execute a bond with two sufficient sureties, to be approved by the chancellor, in such sum as the chancellor shall direct, conditioned for the faithful execution of the trusts and duties vested in them by this act, which bond shall be filed in the office of the register of the court of chancery, for the benefit of all persons interested in the above sales to be made.

CHAP. CXXXIV.

An ACT to amend an act entitled " an act to establish a Turnpike Corporation for improving and making a Road from the house of John Roof, in Canajoharie, in Montgomery county, to intersect the Great Western Turnpike, between the house of William Sloan, and the church in Duanesburgh.”

Passed April 6, 1813.

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the time limited for completing the road mentioned in the act hereby amended, shall be extended to the first day of February, one thousand eight hundred and fifteen, any thing in the said act to the contrary notwithstanding.

CHAP. CXXXV.

An ACT authorising William Doty and others to erect a Dam across the Susquehannah River.

Passed April 6, 1813.

BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That William Doty and his associates, are hereby authorised to erect a dam across the Susquehannah river, directly between lots number forty on the south, and number one hundred and twenty on the north side of the said river, in Wallace's patent, for the purpose of erecting mills: Provided, That the dam so to be erected shall not exceed three feet in height: And provided further, That the said William Doty and his associates, shall erect an apron in said dam, of such construction as to render the passage safe and easy, for all