said who shall belong to such church or chapel intended to be set apart and who shall attend a meeting to consider of such separation after at least ten days notice previously given for that purpose in the said church or chapel, during or immediately after divine service. And such separation so assented to, shall take effect according to the terms agreed upon between the parties, and the members of the congregation of such church or chapel so separated shall immediately thereafter cease to be members of the corporation of Trinity Church above mentioned, and may proceed to incorporate themselves according to law as a separate congregation of the said Protestant Episcopal Church, and being so incorporated may receive from the said corporation of Trinity Church any grant, conveyance or gift of any chapel or other real or personal estate for its separate use, and may hold and enjoy the same accordingly, as fully and beneficially as any such religious corporation can hold and enjoy its temporalities, howsoever the same may be acquired, to ventory unless v.1.342.8.9. V.N. & W.v.g VI. And be it further enacted, That in every case where a No religious society bound church or religious society which has been or may be duly incor- file an inporated shall have exhibited such account and inventory as is specified in the ninth section of the act entitled, “An Act to provide for the incorporation of religious societies," it shall not be necessary for such church or society again to exhibit any account and inventory unless the said church or society subsequently to such exhibition shall have purchased or acquired any lands, tenements or hereditaments within this state, any act, law or usage tó the contrary notwithstanding, Provided always, that nothing in this act contained, shall be construed to affect, or defeat the right of any person or persons or of any body corporate to the estate real or personal now held, occupied or enjoyed by the corporation of Trinity Church. [Note. This act passed the Senate on the 25th March, 1813, by 21 votes to 9, and the Assemby on the 2d April, 1813, by 66 votes to 23-It was transmitted to the Council of Revision at that session, where it remained without any decision on it, until the first day of the session of 1814 [Jan. 25th, 1814.] when no objections being returned by the council, it became, by the constitution, a law of this state and as such is filed in the secretary's office. The bill before the council of revision had been referred to Chancellor Lansing, who had reported objections to its becoming a law, and on the question being taken in the council thereon, Jan. 25, 1814, the council were equally divided.-The Governor, Mr. Justice Spencer, and Mr. Justice Yates being in favor of the objections, and Chancellor Lansing, Chief Justice Kent, and Mr. Justice Van Ness against the objections [Mr. Justice Thompson being absent]-consequently no objections could be returned by the council to the bill and it became a law as before stated.-Possessors of the new revised laws, would do well to note in Vol. 2, page 217, §. 10, that a material alteration has been made in that section, by the lust section of this law, which though it speaks of the 9th section of the act "To provide for the incorporation of religious societies," vide K. & R. v. 1. 342, yet in fact applies to the 10th section of the revised act of April 5, 1813, which has a similar title and incorporates the 9th section of the former act. This results from the fact that the revised act was passed subsequent to the law under consideration; having been sent to the council of revision.-The merits of this bill, were ably discussed and considered in a pamphlet published by Robert Troup, Esq. one of the vestry of Trinity Church, about the time the bill was before the council of revision.] Circuit Courts &c. when to be held in bany. V. N. & W. v. 1. 335. CHAP. II. An ACT relative to the time for holding the circuit courts and courts of oyer and terminer in and for the county of Albany. Passed February 4, 1814. BE it enacted by the people of the State of New-York represented in Senate and Assembly, That hereafter there shall be held in the county of Albany, two Circuit Courts in each year at least, one of which shall commence on the second Tuesday of April, and the other on the first Tuesday of October, Provided nevertheless, that the Justices of the Supreme Court shall have power, as occasion may require, during any term of the said court to alter the times above appointed for such circuits to any other days in the months of April and October, so that the same be done two terms. at least previous to the circuit intended to be altered. [Note The revised act of April 5, 1813, concerning the Circuit Courts, &c. [see Vol. 1. 335. had placed Albany on the same footing with those counties in which Circuits were appointed at the pleasure of the Supreme Court.-This act is intended to remedy this defect.] how distribu CHAP. III. An ACT directing the distribution of the revised laws of this State. BE it enacted by the people of the State of New-York represented Revised Laws in Senate and Assembly: That the Secretary of this State, be auted. V.N.&W. thorised to deliver to the Govenor and Lieutenant Govenor, the → 2. 555. §. 2. Chancellor, each of the Judges of the Supreme Court and Judge of the court of Probates and Surrogates, the Attorney General, Surveyor General, Treasurer, Comptroller, Secretary, the sever al District Attornies, County Clerks, Clerks of Towns, and Cities, Supervisor's Clerks within this state, one copy, and to the executive of each of the United States three copies of the Revised Laws and to such other persons, bodies, or for such other purposes as the two houses of the Legislature have or may by concurrent resolution order or direct. [Note.-Although the publishers of the revised laws were required to furnish the state a certain number of copies [and which requision had been complied with,] yet no provision by law was made for their distribution.-This act makes the necessary provision.] CHAP. IV. AnACT to extend the time for producing specimens of Woollen Cloth agreeable to an act entitled “An Act for the encouragement of manufacturers of Woollen Cloth and for other purposes," Passed 19th June, 1812. Passed February 4, 1814. extended. Ch. 250. I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the time limited in and by Time, & the first section of the said recited act for the production of the Sess. 35, best specimens of woollen cloth of uniform texture and quality, w... to the society for the promotion of useful arts, at the city of Albany, shall be, and the same is hereby extended to the fifteenth day of March next. Pleas may II. And be it further enacted, That in cases where but two of the Judges of the court of Common Pleas in any county of this When two of the Judges state, have attended or shall hereafter attend, to examine speci- of the Com. mens of woolen cloth under the second section of the said recited certify act, the certificate of such two Judges shall have the same effect, and shall entitle the persons producing them, to the premiums awarded by the said act, in the same manner, as if more than two Judges had attended, or the Clerk of the county had been associated with them, any thing in the said recited act to the contrary notwithstanding, [Note-The act extended and explained by this law, is not to be found in the res vised laws. It was no doubt omitted because it was considered as a temporary and not a permanent act. The importance of it however will not be disputed, and those desirous of examining all its provisions will find it in session 35, Ch230. CHAP. V., An ACT relative to the recording of deeds of lands in the Military Tract. Passed February 4, 1814. for bounty lands not to recorded un 371. BE it enacted by the people of the state of New York, represented in Senate and Assembly, That no deed, conveyance or writing, Certain deeds relating to the title or property of any lands granted by this state, as bounty lands, to the officers and troops of this state who serv- less, &c. V. N. ed in the army of the United States, executed on or before the & W. v. 1. first day of May one thousand seven hundred and ninety seven, shall hereafter be registered or recorded, unless the same be acknowledged or proved according to the provisions of the first sec tion of the act entitled "An Act concerning deeds," passed the 12th day of April 1813, any thing in the seventh section of said act or any law to the contrary notwithstanding. [Note.-The 7th scction referred to, is to be found in the V. N. & W. vol. 1. 371, and this law it would be well there to note. To professional gentlemen it is needless to observe, that landed estate in the military tract may be deeply affected by this provision, as the death of witnesses, &c. may prove insurmountable obstacles in the way of proving old deeds according to the existing laws, though the proof or acknowledgment of deeds under the former law had often opened, it cannot be disputed, a door to the greatest iniquity and fraud.] LAWS-S. 37. 2 Recital. The 5 direc tors required Waterford, may be cho to reside at sen from any part of the State. CHAP. VI. An ACT relative to the directors of the bank of Troy. WHEREAS the President and Directors of the Bank of Troy by their petition have requested that the charter incorporating said bank may be so altered as to authorise the directors of said bank in the village of Waterford to be elected and appointed in any part of this state, Therefore; BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the five directors of the bank of Troy directed by the act of incorporation to be elected and appointed from stockholders residing in the village of Waterford, may whenever any vacancy or vacancies shall happen, be elected and appointed, in the manner prescribed by said act, from the stockholders residing in any part of this state, any thing in the said charter, to the contrary notwithstanding. [Note-The bank of Troy was incorporated March, 22, 1811. [Sess. 34. Ch. 66.3 directing 17 directors to be elected and chosen-3 to be chosen by the Governor and council of appointment, (of these 3 one was to reside at Lansingburgh, another at Troy, and the third at Waterford ) and the other 14 to be elected by the stockholders, 6 of which directors were required to reside at Troy, 4 at Lansingburgh, and 4 at Waterford. On the 12th March, 1813, [Sess. 36. Ch. 61.] the bank was authorized to establish a branch, (for discount and deposit,) at Waterford. On the 9th April, 1813, [Sess. 36. Ch. 153.7 further provision by law was made, declaring that the 5 directors to be elected and appointed and to reside at Lansingburgh might be elected or appointed from the stockholders residing in Rensselaer or Saratoga counties. This act now makes further provision by allowing the 5 directors heretofore required to reside at Waterford to be chosen and appointed from any part of the state.] CHAP. VI. An ACT for the relief of the Rector, Church Wardens, and Vestry of the Protestant Episcopal Church of St. Marks, in the Bowery, in the City of New-York. Passed February 4, 1814. WHEREAS the Rector Church Wardens and Vestry of the Protestant Episcopal Church of St. Marks, in the Bowery, in the city of New-York, have by their petition represented to the le gislature that by reason of the alteration of the streets in the said city, made in pursuance of the act of the legislature, entitled" an act relative to improvements, touching the laying out of streets and roads in the city of New-York and for other purposes," passed April 3d, 1807, they sustain great injury in the present shape, boundaries and dimensions of the ground on which the said church is erected, in the ninth ward of the said city, and also the ground used by the said corporation for a cemetery in the said ninth ward, and also the ground on which the parsonage house is erected, belonging to the said corporation in the tenth ward of the said city } that the present shape, boundaries and dimensions of the same were derived from streets that are in part abolished by the opera THIRTY-SEVENTH SESSION. tions of the said act; and that an alteration in the same cannot be effected unless the said corporation are legally authorised to convey to the several proprietors of the lands adjoining the same, parts or parcels of the said premises, which by virtue of their ti tles to the same they are incapacitated from doing; and it appearing reasonable to the legislature that relief in the premises ought to be granted: Therefore, with the cons chancellor, may convey for ertain purposes. Be it enacted by the people of the state of New-York, represented Corporation in Senate and Assembly, That it shall be lawful for the rector, sent of the church wardens and vestry of the Protestant Episcopal Church of e St. Marks, in the Bowery in the city of New-York, with the con- certain estate sent of the chancellor of this state, to grant and convey to the proprietor or proprietors of the adjoining lands, such part or parts of the ground belonging to them on which the said church is erected, in the ninth ward of the city of New-York; and also part or parcel of the piece of ground belonging to and used by them for a cemetery, situate in the said ninth ward of the said city; and also part or parcels of the ground belonging to them and on which their parsonage house is erected in the tenth ward of the said city, as may be necessary for carrying into effect the purposes mentioned in the recital to this act; and that any lands received by the said corporation in lieu of such grants and conveyances, shall be held by them for the specific purposes and uses for which they now hold their lands that they may so grant and convey and no other. [Note The recital sufficiently explains the nature of the evil and the remedy to be applied. The 4th section of the act" to provide for the incorporation of religious societies,"-2 vol. V. N. & W. 215, permitting only a religious incorporation" to demise, lease and improve" its real estate, renders applications to the legislature for authority * to grant and convey” upon other conditions necessary.] $6 'CHAP. VIII. An ACT altering the time and place of holding the Courts of Common Pleas and General Sessions of the Peace of the county of Niagara, and for other purposes. Passed February 4, 1814. 1. Be it cracted by the People of the State of New-York, represented in Senate and Assembly, That the next term of the court of common pleas for the county of Niagara, shall be held on the third Tuesday of March next, at the school house near Asa P. Harris's, in the town of Clarence, and thereafter at such placeas the judges of the said court shall direct; the clerk of the county giving public notice thereof, at least six weeks previous to the sitting of the said court, II. And be it further enacted, That all writs returnable on the third Tuesday of February, at which time the court of common pleas of said county of Niagara was to have been held, shall be returnable on the third Tuesday of March next, and be as valid as if the same had been returned on the said third Tuesday of February, |