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his death in arrear as such manager in a large sum of money : And whereas Jacob Holmes hath sued out letters of administration of the goods, chattels and credits which were of the said Stephen Thorn : And whereas it is represented by the aid administrator that a sum of money hath been deposited in the name of the said Stephen Thorn in the Farmers' bank, which it is believed had been received on account of the said lottery, and that it is probable that other sums of money received on the same account may be deposited in the name of the said Stephen Thorn in other banks within this state ; And further, that 6 teen hundred tickets of the first part of lottery viumber four of the said Union college lottery remained in the hands of the said Stephen Thorn at the time of his death. and that the estate of the said Stephen Thorn is insufficient to pay his debts: Therefore,
I. BE it enacted by the people of the state of New-York, re- Comptroller presented in Senate and Assembly, That the comptroller, by and directed to with the advice and consent of the attorney.general, be and he the adminis. is hereby authorised to settle with the said Jacob Holmes, as ad- Thor
trators of S. ministrator as aforesaid, for the monies in arrear from the said Stephen Thorn as a manager as aforesaid, and to receive from the said administrator all the monies deposited in the name of the said Stephen Thorn in any of the banks within this state, which shall appear to have been received by him as such manager, together with the promissory notes for tickets sold by the said Stephen Thorn on account of the said lottery, and also all the unsold tickets belonging to the said lottery which have come to the hands of the said administrator, and upon receipt of the said monies, promissory notes and unsold tickets, to give a re. ceipt for the same to the said administrator, and forthwith to cause the said promissory notes to be collected and to apply as well the monies arising therefrom as the other monies which may be received from the said administrator, or on account of prizes drawn by any of the unsold tickets, towards the payment of the sum in arrear by the said Stephen Thorn on account of the said lottery.
II. And be it further enacted, That in case any bona fide re- Recoveries covery shall be had against the said administrator by any of the mid alminit. private creditors of the said Stephen Thorn by reason of the trator by pri
vate creditors payment which the said administrator may make to the comp- how to be troller in pursuance of this act, the comptroller is hereby au- par thorised to pay the amount of such recovery out of any monies in the treasury not otherwise appropriated : Provided always, That the said administrator shall give timely notice of any action which may be commenced against him by such private creditors to the attorney-general, and submit the defence thereof to him, and shall furnish the attorney-general with all the testimony within the power of the said administrator to make such defence.
III. And be it further enacted, That it shall and may be law. Efate and ful for the comptroller, if he shall be satisfied after a full and fureties of S.
Thorn how to fair investigation of the account of the said Stephen Thorn with be discharged. this state, an enquiry as to the solvency of his estate and the situation and circumstances of his suretics who entered into the bond to the people of this state for the duc and faithful dis
charge of his trust as such manager as aforesaid, that it will be for the interest of this state to discharge the estate of the said Stephen Thorn and his sureties as aforesaid from any further accountability for any losses the state may sustain by reason of the defalcation of the said Stephen Thorn, and upon receiving such monies and promissory notes as aforesaid, by and with the advice of the attorney-general, to discharge such administrator
and the said sureties from such accountability. Report to be IV. And be it further enacted, That it shall be the duty of courtebe the comptroller to report to the legislature on the first day of.
their next session all his proceedings touching the premises aforesaid.
prepare pub lic laws for
and of this state.
Passed April 12, 1813.
prible and appointed to prepare for the press, and under such heads the press or divisions as they shall think proper, all the public laws of
this state which are general and of a permanent nature, and affecting the community at large, including those of the present sez.
sion, with such marginal notes and references as shall appear A!for the con. best calculated for public information ; and the said William P. che U. States Van Ness and John Woodworth shall prepare for publication
with the said laws the constitution of the United States of America and the constitution of this state : And further, they shall make an index of the matter contained in the said work, and shall correct all errors in the orthography of the laws, and shall in every other respect complete the said work in such manner as to them shall seem to be most useful and proper, and for this purpose they shall have free access to and be permitted to examine any of the public records and papers of this state
without fee or reward. Secretary di II. And be it further enacted, That it shall be lawful for gree with a the secretary of this state to agree with any printer to print the priater.
said work upon such terms as he may think proper, having a reasonable regard to economy therein, which laws so printed and published shall be evidence in all courts of justice whatsoever ; and the said printer shall deliver at least one thousand copies of the said work, completely bound in calf skin, to the said secretary, to be by him retained subject to the order of the legis
lature, Necessary ex. III. And be it further enacted, That the treasurer of this
state, on the warrant of the comptroller, shall pay to the said William P. Van Ness and John Woodworth such sums as it may appear to the comptroller are necessary from time to time for defraying the expense of preparing the said work for the press, and for paying the compensation herein after allowed to the said William P. Van Ness and John Woodworth.
IV. And be il further enacted, That the said William P. Van tion to the revisers, Ness and John Woodworth shall seyerally be and they are here.
rected to a
pense to be allowed.
by allowed for their services aforesaid, the sum of one thousand dollars. V. And be it further enacted, That the present members of Members of
the legisla. the legislature shall be entitled to receive one set of the said ture to re. Jaws so deposited in the secretary's office, and the said secretary ceive one fer shall deliver the same to them, or their order. VI. And be it further enacted, That it shall be the duty of State printer
to be paid for the state printer to cause the laws enacted at each session of binding ler. the legislature to be bound in boards, and that the expense
boards. thereof and of stitching the journals of the two houses, shall be paid to him by the treasurer, on the warrant of the comptroller, who shall audit the account of the same.
fion laws in
Passed April 12, 1813. WHEREAS James Denison, John Topping, Norman Squires Preamble. and Edward A. Cook, and others, by their petition presented to the legislature, have represented that they have associated for the purpose of procuring a fire-engine by their voluntary contributions, and forming a fire company to protect the property of the inhabitants of the village of Lansingburgh from the ravages of fire, and the better to effect the object of their association, have prayed to be incorporated : Therefore, I. BE it enacted by the people of the state of New York, rep.,
J. Denison resented in Senate and Assembly, That the said James Denison, and others John Topping, Norman Squires, Edward A. Cook, and their as- incorporated. sociates, be and are hereby constituted a body politic and corporate, by the name and description of “ The Eagle Volunteer Their stule Fire Company," and by that name shall have perpetual suc. &c. cession, sue and be sued, defend and be defended in all actions, matters and things whatsoever, have a common seal and change the same at pleasure, purchase, take, hold and convey any estate, real or personal: Provided such estate at the time of ac- Proviso, quiring the same shall not exceed in value one thousand dollars, and shall be necessary to effect the object of said incorporation ; and shall have power and authority from time to time to pass, make and ordain all such by-laws and ordinances for regulating the concerns of the said company, the conduct and duty of their members, officers, agents and servants respectively, the manner of making transfers of the stock of said company, convening and holding meetings of said company, and all other matters relative to the said company, and the management of the property thereof, as to them seem proper, and shall not be inconsistent with the constitution and laws of this state or of the United States; that the stock of said company shall be deem- Stock. ed personal property, and sball consist of twenty. shares of fifty doilars each, and one share and no more of the same shall be owned and held by each of the members of said company, and be paid into the hands of the treasurer of said company in such proportions and at such times as the majority of the members of said company at any meeting of said company shall
determine and require, upon pain of forfeiture of such share and all previous payments thereon ; that said share shall be transferrable, but no member of said company shall transfer the share by him held in the stock of said company, except to some person who shall be approved of by a majority of the members of said company, at a public meeting of said company, and tho person to whom the same is so transferred shall by virtue of such transfer become and be a member of said company in the room and stead of the person so transferring the same, which transfer shall be duly recorded in a book for that purpose to be kept by the secretary of said company : Provided the persons named in this section as members of the Eagle volunteer fire company be approved of by the trustees of the village of Lansingburgh, and that the said irustees, or a major part of them, be and they are hereby
authorised to appoint all future members thereof. Company to II. And be it further enacted, That the said volunteer fire confiit of 20 company shall consist of twenty members, and no more, who members.
shall reside in the village of Lansingburgh. Annual meet. III. And be it further enacted, That the several members of ing to incore said company shall annually, on the first Tuesday of May in
each year, at such place in the village of Lansingburgh as the majority of them shall direct, by plurality of votes, elect one of their members to be the captain of the said company, one other of their members to be treasurer, and one other of their members to be secretary of said company, who shall severally continue in office for one year; and the captain so chosen shall have power to call meetings of the said company whenever ho shall think proper, for any purposes connected with the objects
of said corporation. How to be go. IV. And be it further enacted, That the said volunteer fire verned in con pany shall in uime of fire be subject to and regulated by the
by-laws of the trustees of the village of Lansingburgh made to regulate the duty and conduct of the fire company of said vil
lage. Conditions, V. And be it further enacted, That the grant, provisions, and
every thing in this act contained are upon the express condition, that the said Eagle volunteer fire company shall and do at their own expense, on or before the first day of September next, pro. cure and keep in the village of Lansingburgh, a good and sufficient fire engine, with its necessary tackle and apparatus, to aid in the extinguishment or prevention of such fires as may happen in said village ; and in case the same company shall not procure such fire engine before said day, or shall not for the space of six months at any time have and possess at some suitable place in said village a good and sufficient fire engine with its necessary tackle and apparatus, in good and sufficient repair, prepared to aid in the extinguishment of such fires as may happen in said village, the said incorporation shail be ipso facto dissolved, and the powers, privileges and exemptions hereby granted cease and be null and void, any thing in this act
to the contrary contained notwithstanding. Certificate of . VI. And be it further enacted, That a certificate under the the captain to common seal of said company, signed by the captain thereof,
shall be deemed and taken in all places as competent evidence that the person to whom it is given is a member of said com,
pany, and entitled to all the privileges and exemptions in and by this act granted to the members of the same company.
| CHAP. CacvII. An ACT relative to the Eastern Branch of the Schoharie Turn
Passed April 12, 1813. WHEREAS the president and directors of the said turnpike
la turnpike Preamble. road have by their petition represented to the legislature, that it is highly necessary as well for the good of the public as for the interest of the company, to allow some alterations to be made in the route of their said road, between the east end thereof and the village of Freehold, so as to avoid some of the worst hills ; and that it is also necessary to reduce others, so as to render them of more gradual and easy ascent; that the amount of the stock has all been paid in, and that a tax on the stockholders is absolutely necessary to effect the same: Therefore,
1. BE it enacted by the people of the state of New-York, refire- Alterations sented in Senate and Assembly, That Teunis Whitbeck, Nicholas how to be
made in the 1. Van Loon and Joseph Groom be and they are hereby ap- route. pointed con missioners, whose duty it shall be, or any two of them, on notice and request of the said president and directors for the time being, to survey, lay out and direct such alterations in the route of the said road within the limits aforesaid (and of the width of four rods) as they or a majority of them shall judge to be for the good of the public and for the interest of the said company.
II. And be it further enacted, That when the said several Lards how to alterations are marked out and designated, it shall be lawful for be taken. the president and directors aforesaid to enter and take possession of the same, paying the owner or owners such compensation as shall be agreed on between the parties by an exchange of those parts of the present route as shall be rendered useless to the said company, or otherwise ; and in case of disagree. ment, or if the owner or owners shall be feme covert, under age, or out of the county, the damages, if any, shall be appraised by three judicious freeholders, not interested in said road or the lands to be appraised, to be appointed by the court of common pieas for the county of Greene, and paid for when the same shall be legally demanded.
III. And be it further enacted, That when the said president And when and directors shall have completed the said alterations in the velleil in the
company. form and manner pointed out in their original act of incorpora." tion, the same is hereby declared to be vested in the said company as part of their said turnpike road.
IV. And be it further enacted, That in order to enable the stock to be president and directors aforesaid to accomplish the afore men. increased tioned objects, that a sum not exceeding one dollar and fifty cents may be assessed by the said president and directors on each share of the whole capital stock the said company is entitied to hold, payable at such iines and places as the said president and directors shall appoint by a notice to be inserted in one of the newspapers printed in New York, Albany and Cats