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kill, for ten weeks successively; and that if any stockholder, or any of those who might have become stockholders by the privilege of investment contained in the third section of “an act relative to the Schoharie turnpike road,” passed March 13th, 1807, shall neglect to pay their said assessment or any part thereof, for six months after the time of payment mentioned in the said notice, it shall be lawful for the said president and di. rectors to sell the stock of such delinquent stockholder at public auction, to the highest bidder, first giving six weeks notice of such time and place of sale in one of the public newspapers printed in the city of New York, and the newspaper printed in the county of Greene, and from the proceeds of such sale to pay the tax on said stock sold as aforesaid, and the over plus, if
ary, deliver over to the original holders of said stock. Compensa V. And be it further enacted, That the said commissioners tion of coin. mis'rs and" shall receive the sum of two dollars, and the appraisers the sum appraisers.
of two dollars, for each and every day that they shall be necessarily employed in their respective duties required by this act, payable by the treasurer of the said company.
how to be blled.
• CHAP. CACVIII.
Passed April 13, 1813.
to conduct any lotteries now authorised, or hereafter to be authorised by law, shall have power to adopt such schemes, as to them shall appear proper, to sell the tickets in the manner
herein after mentioned, to superintend the drawing of the same, Vacancies
and the payment of the prizes thereof: And further, that vacancies by death or otherwise shall from time to time be supplied by the person administering the government of this state, who is hereby authorised and empowered to appoint suitable persons to supply such vacancies as may from time to time
occur. They fhall II. And be it further enacted, That each of the said manaBive security gers shall, before he takes upon himself the management of the
said lotteries, enter into a bond to the people of this state, with such sureties as the comptroller of this state for the time being shall approve, in the sum of thirty thousand dollars, conditioned for the faithful and honest discharge of the duties required of him by this act, and for rendering a just and true account of all their proceedings at the next session of the legislature after the drawing of each of the said lotteries : And further, the said managers shall respectively, before they enter on the duties of their appointment, take and subscribe the following oath or af.
firmation before some magistrate competent to administer oaths, Their oath. to wit : “I do solemnly swear (or affirm as the case may
be) that I will well and faithfully execute the trust reposed in mne as one of the managers of the lottery (or lotteries) established by law, without favor or partiality, and that I will not directly or indirectly authorise or permit the sale of any tickets in any such lottery in which sale or sales I, or any person at my instance, or on my behalf, shall be directly or indirectly benefited or interested, or entitled to any profit or advantage whatever thereon :" which oath shall be filed in the office of the secretary of this state ; and if any manager of any such lottery as
Penalty for aforesaid shall violate his said oath, or ask, demand or receive, violating either directly or indirectly, contrary to the true intent and
their vach. meaning of the said oath, any advance on the stated price of lottery tickets which such manager may sell or dispose of, under any pretence whatsoever, shall for each offence forfeit the sum of one thousand dollars, to be recovered in the name and to the use of any person who will sue for the same, with the costs of suit, in any court of record within this state, and shall beides be liable to suffer the pains and penalties of wilful and corrupt perjury, and shall moreover be answerable and liable to the people of this state for all neglects, defaults, misfeasances and other acts of such managers, or any or either of them, in · any action or actions at common law as the case may require :
Provided, That the provisions of this section shall not be so construed as to apply to the managers of lotteries already appointed, and who have before the passing of this act entered into bonds according to law.. : III. And be it further enacted, That it shall not be lawful for They are pro
hibited from any such manager as aforesaid, directly or indirectly, to con
purchasing tract for or be concerned with any company in contracting for tickets. any part or portion of the tickets of the said lottery of which he or they are managers. .- IV. And be it further enacted, That each of the said manag. Monies how ers shall, as often as he shall receive five hundred dollars from directe depan the sale of tickets, pay the same to the treasurer of this state, or to the bank of New York, for the use of this state, and the receipt for the payment of money to the bank shall be immediateJy transmitted to the comptroller. V. And be it further enacted, That the said managers shall, For 60 days
after opening for the space of sixty days after opening any lottery for sale, sell the forcery the tickets therein at the original price, but without giving any tickets to be credit; and the managers shall, at the expiration of the said sixty original price days, or within ten days thereafter, expose to sale at public auc. tion in the city of New York, the tickets remaining in their hands afrer that to unsold, giving notice of such sale at least twice a week in at: 10 atauc.
tion, and on least three of the purlic newspapers published in the city of credit. New-York, and in at least two published in the city of Albany ; and the said tickets to be so sold at auction shall be sold in parcels not exceeding fifty, and on credit, payable twenty days after the drawing of the lottery, with interest at the rate of three per cent per annum, and the said tickets shall not be sold for a less sum than the original price of such tickets ; and the secu. Security to
betalen fir rities to be taken for the payment of the said tickets so sold on the payment. credit shall be taken in the name of the managers present at the sale, and of the comptroller of this state, and be approved by the said comptroller and a majority of the said inanagers ; and it shall be the duty of all the managers and of the cumptroller to attend at every such sale. and the said securities shail be placed for safe keeping and for collection, either in the bank of New York, or in the New York state bank, and when collected, the amounts shall be placed to the credit of the treasurer of
this state, and notice be given to the comptroller of the pay.
ment. Treasurer to VI. And be it further enacted, That within thirty days afpay torprizes ter the completion of the drawing of any lottery, the tickets of
which shall have been sold in pursuance of the directions of this act, the treasurer shall, on the warrant of the comptroller, pay to the managers respectively such sum as shall appear to be the amouni of the prizes drawn to the tickets signed by them res. pectively, and shall also pay on a like warrant, to the persons entitled thereto, the avails of such lottery, and the managers shall furnish the comptroller within twenty days after the draw. ing of any lottery with a statement, shewing the amount of
prizes in such lottery payable by each manager: Statement of VIL And be it further enacted, That the managers shall, prize to be
e within ten days after the expiration of sixty days after the exhibited to the comptrol. drawing of each lottery, exhibit to the comptroller a statement
of the prizes signed by them respectively, remaining unpaid, and pay the amount of such prizes into the treasury of this state, and the said prizes shall thereafter be paid by the treasurer, on
the warrant of the comptroller. Comptroller VIII. And be it fiurther enacted, That whenever it shall apdirected to report mana. pear satisfactorily to the comptroller, that any manager has not gers for neg. of dues paid the monies arising from the sale of tickets agreeably to
law, it shall be lawful, and it is hereby made the duty of the comptroller, to report the same to the governor of this state, who shall thereupon appoint some other person in the room of such delinquent, to perform the duties of a manager as aforesaid: and the comptroller shall forthwith, after discovery of such delinquencies, cause a suit or suits to be instituted against such delinquent manager, for the recovery of the sum received
by him, as well as to account generally for his management. Managers to IX. And be it further enacted, That on the final settlement be allowed is per cent on' of the accounts of the several lotteries hereafter to be drawn in ra fed.
this state, the comptroller shall allow filleen per cent on the sum raised by each lottery to the said managers, in lieu of all compensation for services and expenses in conducting and
drawing the same. Copy of
X. And be it further enacted, That the managers, whenever tranfmitted
de they agree on the scheme of any lottery, and on the number of to the comp. iickets which they are respectively to sign, shall transmit to the
comptroller a copy of their scheme and an account of the number of tickets which they are to sign respectively.
Passed April 13, 18:3. 1. BE it enacted by the people of the state of New York, reprited for presented in Senate and Assembly, That the commissioners of of literature the land-office are hereby authorised and required to cause all in the milita- the land heretofore appropriated for the promotion of literature rected to be in this state, and situate in the military tract, or in either of the
counties of Chenango or Broome, and now remaining unsold or
1 in is appro
ry tract di.
not disposed of, to be surveyed and sold in the manner directed in and by the act entitled “ an act for the sale of the unappropriated lands, and for other purposes," and to vest the proceeds in such manner as they may deem best calculated to secure the principal sum, and the regular payment of the interest thereon annually; and the regents of the university shall make such Proceeds how
to be vetted. distribution of the annual income amongst the several incorpo- to rated academies of this state as in their judgment shall be just and equitable, taking into calculation all former or present endowments made by the legislature of this state, except lot number twenty-four, in the town of Ulysses, in the county of Seneca, lot oumber thirty-six, in the town of Aurelius, in the county of Cayuga, and lot number eighty-five, in the town of Homer, in the county of Cortland, which lots are hereby appropriated to the support of academies in each of the said respective counties in which the said lots severally lie, to be regulated in such manner as the legislature shall hereafter direct.
II. And be it further enacted, That the commissioners of the Lot No. 15 in land-office be and they are hereby authorised and required to be prineslom grant by letters patent, to the trustees of Pompey academy, and Pompey acad
emy. their successors, in fee simple, lot number fifteen, in the town." ship of Camillus, in the county of Onondaga, any law to the contrary notwithstanding. III. And be it further enacted, That it shall be the duty of Dary of the
troftecs rela. the trustees of the aforesaid academy, whenever they shall sell tive to
said lot, the said lot, or any part thereof, to loan the money arising from hic such sale, on landed security to double the value of the sum so loaned, and on the payment of any such loan, again to reloan the same, for ever, and appropriate the interest arising from such loans for ever to the support and maintenance of instruction in said academy.com
Passed April 13, 1813. . WHEREAS Archibald M'Intyre and Charles R. Webster, executors of the last will and testament of George Klinck, deceased, have presented their petition to the legislature, representing in substance, that the said George Klinck, by his last will and testament by him duly made and published, and executed in such manner as to pass real estate, thereby devised all his real and personal estate to the petitioners, who were appointed executors of the said will in trust for the maintenance and support of his wife and children out of the rents and profits of his said estate ; and further representing that the rents and profits of the testator's said estate are wholly inadequate to enable them the petitioners to carry into effect the intention of the said testator, and to fulfil the trust specified in his said will; and further representing that the widow of the testator is infirm and entirely helpless, and that several of his children are infants, and praying that they the petitioners may be authorised by law, with the consent and under the direction of the chancellor of this
state, to sell and dispose of the whole or such part of the testator's said real estate as shall be necessary for the purpose of enabling them to fulfil the trust created by the said will, and to render the income of the said estate more productive : And whereas the prayer of the said petitioners appears to the legis. lature to be reasonable : Therefore,
BE it enacted by the people of the state of New York, repre. sented in Senate and Assembly, That it shall and may be lawful for the said Archibald M'Intyre and Charles R. Webster, the said executors of the said George Klinck, deceased, or the survivor of them, with the consent and under the direction of the chancellor of this state, to sell and dispose of the whole or such part or parts of the real estate whereof the said George Klinck died seised, as the chancellor may at any time or times authorise or direct, and that the monies arising from the sales thereof be placed out at interest or invested in public stocks, or otherwise secured, under the direction of the court of chancery, and the interest and income thereof, with so much and such parts of the principal as may be necessary for the purpose, shall and may be, from time to time, applied in and about the maintenance and support of the widow and children of the said George Klinck until a division or distribution of the said trust premises shall be made and take place according to the said trust : Provided, That in order to bar the dower of the widow of him the said George Klinck, deceased, in the real estate so to be sold and disposed of, her consent in writing thereto shall be first obtained: And provided further, That the said Archibald M·Intyre and Charles R. Webster, before they make any such sale, shall execute to and file with the register of the said court of chancery, a bond, with such surety and in such penalty as the chancellor may direct, with conditions thereunder written for the faithful performance of their duties under this act.
Passed April 13, 1813. 200 acres to I. BE it enacted by the people of the state of New-York, rep. be granted to resented in Senate and Assembly, That it shall be lawful for the
commissioners of the land-office, and they are hereby required to grant letters patent to James Bradley, late a soldier in the line of this state in the army of the United States, in the same manner as has been granted to soldiers serving in the line of this state, for two hundred acres of land in the tract set apart for the use of the line of this state, to have and to hold the
same to the said James Bradley, his heirs and assigns for ever. 200 acres to II. And be it further enacted, That it shall be lawful for, and the heirs of the commissioners aforesaid are required to grant letters patent R. Waddle.
to William Waddle, Mary Hilleguest, Margaret Boss, Isaac Waddle, Jane Kidney and Elsie Landers, children and heirs at law of Robert Waddle, deceased, late a soldier in the army of the United States, in the line of this state, for two hundred acres of land in the tract set apart for the use of the line of this state, as