Compenfa. tion of comis'rs and 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 directors 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 overplus, if any, deliver over to the original holders of said stock. V. And be it further enacted, That the said commissioners shall receive the sum of two dollars, and the appraisers the sum apprailers. 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. Power of the managers. Vacancies how to be filled. They fhall CHAP. CXCVIII. An ACT relative to the Managers of Lotteries. Passed April 13, 1813. I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the managers appointed 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, and the payment of the prizes thereof: And further, that vacancies by death or otherwise shall from time to time be sup plied 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. II. And be it further enacted, That each of the said managive fecurity 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 affirmation before some magistrate competent to administer oaths, to wit: "I do solemnly swear (or affirm as the case may be) that I will well and faithfully execute the trust reposed in me 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 Their oath. Penalty for their oath. 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 aforesaid shall violate his said oath, or ask, demand or receive, violating either directly or indirectly, contrary to the true intent and 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 be ides 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. They are pro hibited from purchafing III. And be it further enacted, That it shall not be lawful for any such manager as aforesaid, directly or indirectly, to contract 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. to be depo 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 fired. 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 immediately transmitted to the comptroller. be tion, and un 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 lottery the tickets therein at the original price, but without giving any tickets to b 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 auction in the city of New-York, the tickets remaining in their hands After that to unsold, giving notice of such sale at least twice a week in at bellat aucleast three of the public 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 soid in par cels 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 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 managers; and it shall be the duty of all the managers and of the comptroller to attend at every such sale, and the said securities shall 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 be taken for Treasurer to pay for prizes Statement of exhibited to ler. this state, and notice be given to the comptroller of the pay. ment. VI. And be it further enacted, That within thirty days af 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 amount of the prizes drawn to the tickets signed by them respectively, 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 drawing of any lottery with a statement, shewing the amount of prizes in such lottery payable by each manager. VII. And be it further enacted, That the managers shall, prizes to be within ten days after the expiration of sixty days after the 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 directed to gers for neg. VIII. And be it further enacted, That whenever it shall apreport mana pear satisfactorily to the comptroller, that any manager has not fect of duty, 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 be allowed 15 per cent on the fums raifed. Copy of fcheme to be IX. And be it further enacted, That on the final settlement of the accounts of the several lotteries hereafter to be drawn in this state, the comptroller shall allow fifteen 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. X. And be it further enacted, That the managers, whenever tranfmitted they agree on the scheme of any lottery, and on the number of to the comp tickets 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. troller. Ian is appro prom tion СНАР. СХСІХ. An ACT to authorise the Sale of Lands appropriated for the Passed April 13, 18:3. I. 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 ry tract di fold. to be vefted. 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 distribution of the annual income amongst the several incorporated 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 number 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. Camillus to 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 granted to grant by letters patent, to the trustees of Pompey academy, and Pompey acad their successors, in fee simple, lot number fifteen, in the township of Camillus, in the county of Onondaga, any law to the contrary notwithstanding. emy. trustees rela III. And be it further enacted, That it shall be the duty of Duty of the the trustees of the aforesaid academy, whenever they shall sell tive to the said lot, or any part thereof, to loan the money arising from faid lot. 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. CHAP. CC. An ACT to authorize the sale of the real Estate of George 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 200 acres to 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 legislature to be reasonable: 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 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. CHAP. CCI. An ACT for the Relief of James Bradley and others. Passed April 13, 1813. I. BE it enacted by the people of the state of New-York, repbe granted to resented in Senate and Assembly, That it shall be lawful for the J. Bradley. 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 R. Waddle. 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 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 |