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mortgage.

able to J. Van Ingen

Saratoga

of Lysander, in the county of Onondaga, except fifty acres survey; and it shall be the duty of said trustees, in case they shall sell the same, to loan the money arising op such sale, on landed security of double the value, and apply the interest arising from such loan forever to the support of instruction in said academy,

and for no other purpose. Attorney

XXVII. And be it further enacted That the attorney-general Reneral to be, and he is hereby directed, to suspend all prosecutions for the secuting a recovery of the principal and interest due on a mortgage executCertain

ed by Jacob Knights, to the people of this state, of a lot of land in Brothertown, so called for the term of three years, from the

first day of January next. Monies pays XXVIII. And be it further enacted, That the treasurer shall

on pay, on the warrant of the comptroller, to James Van Ingen, and J. F. clerk of the house of assembly, the sum of twenty-four dollars, Bacon.

for the like sum paid by him to John F. Bacon, for services rendered by him as deputy clerk of the house of assembly, subsequent to the death of Samuel North, late clerk of said house, and prior to, and on the first day of the session of the legislature, in the year one thousand eight hundred and thirteen.

XXIX. And be it further enacted, That the court of comoom. pleas February, mon pleas and general sessions of the peace, which is provided torm altered te January. by law to be held in the county of Saratoga on the first Tuesday

of February, shall, instead of that day, be hereafter holden on

the last Tuesday of January in each year. Oath of s XXX. And be it further enacted, That in addition to the form pervisors, town clerks,

iks, of the several oaths of office, to be administered after the first day assessors, &c. of March next, to be taken by the supervisor, town clerk, as

sessors, commissioners of highways and overseers of the poor of the several towns in this state, the following words shall be inserted, to wit: “ And that I am a citizen of the United States, and that I am a freeholder, and an actual resident of the town of (here insert the name of the town in the county of (here insert

the name of the county.)” Clerk of the XXXI. And be it further enacted, That it shall be lawful for city of Hud Son May the clerk of the city of Hudson, to administer all oaths which by administer law the clerks of the respective counties are authorised to admisaths.

nister. Albany com. XXXII. And be it further enacted, That it shall be lawful for

the common council of the city of Albany, to regulate and license very stables owners of livery stables, and to regulate and license the owners

and keepers of hackney coaches, and of horses, phaetons, chairs, sleds, waggons, and carriages of every description, used for hire, or reward, in the said city, and to inflict penalties for the violation of such regulations, not exceeding twenty-five dollars, besides

costs, on any one person for any one offence. Certain trus. XXXIII. And be it further cnacted, That the trustees authotees to give

ve rised by an act passed at the last session of the legislature, to be

elected in the town of Manlius, in the county of Onondaga, for the purpose of selling the gospel and school lots in said town, and disposing of the money arising therefrom, shall, before they cnter on the duties of said office, give such security for the faithful perform

comcil to regulate lj

and backs.

security.

wards.

ance thereof as the supervisor and town clerk of said county may require.

XXXIV. And be it further enacted, That from and after the students in passing of this act, it shall not be lawful for any person reeiding or Union Colin being in the first or second wards of the city of Schenectady, ex- ted from cept the steward of Union college, or such other person as the in the first trustees thereof may authorise, knowingly, to furnish for compen. and second

wards of sation, any student or students thereof, with any wine or spirit- Seheneonadt. ous liquors, of any sort, nor to furnish for them a room or festival entertainment, or to allow them to attend the same by wbomseever furnished.

XXXV. And be it further enacted, That it shall not be lawful Theatrical for any theatrical exhibitions, or for any puppet-show, wire-dance, exhibitions: seats of horsemanship, or any such like idle shows of any sort, to ted in those be performed or exhibited within the aforesaid limits, nor shall it wa be lawful for any owner or occupant of any house, or out-house, or yard, to furnish accommodation therefor, and for each and every offence against either of the provisions of this and the preeeding section of this act, the person or persons so offending shall forfeit the sum of twenty-five dollars, with costs, to be recovered Penalıy. in an action of debt, in any court having cognizance thereof, the one moiety to the use of the poor in the city of Schenectady, and the other to the benefit of the person prosecuting therefor.

And whereas, By the act, entitled “ an act for the endowment Recital. of Union College," passed in the year 1805, the number of the trustees thereof was reduced from twenty-four to twenty-one: Therefore,

XXXVI. Be it further enacted, That the number of trustees Quorum of requisite for forming a quorum for the transaction of business, be trustees of reduced from fourteen to eleven, and for adjournment from day to lege. day, from seven to five. XXXVII. And be it further enacted, That judgments may be

Tridgments hereafter entered in the courts of common pleas, in the several pleas and counties of this sate, upon bonds and warrants of attorney in term court or vacation, in the same manner as judgments are entered in the

bonds, &e. supreme court.

XXXVIII. And be it further enacied, That the agreement certain of the commissioners of fortifications for leasing during the war, a lease of the

commission piece of ground in the vicinity of the forts on Staten Island, and ers of fortis

fications on which an outwork has been erected, shall be, and the same is a

confirmed, hereby confirmed, and that the treasurer is hereby authorised to etc. pay, annually, the sum of two hundred and fisty dollars, being the Fent therefor, during the period aforesaid.

XXXIX. And be it further enacted, That the sum of fifty thou- 50,000 dolls. sand dollars to be expended by the commissioners of fortifications appropriated with the approbation of the person administering the government, ing a certain be, and the same is hereby appropriated to complete the fort on Laland, ete. Staten Island, or to be applied to such other works of defence in that quarter as may be deemed best calculated to promote the public security, and that the said money shall be drawn on the application of the person administering the government.

XL. And be it further enacted, That the death of either party Death of: after a plea of confession, signed by the defendent or his attorney, signing a

mayor's

may be en tered in va

fort on Statou error ete.

sections

confession when a suit was pending during the life of such defendant, shall alledged for not be assigned for error in any writ of error, hereafter to be

brougbt, so as judgment be entered up in two terms aster the time

of signing such plea of confession. 5000 dollars XLI. And be it further enacted, That it shall and may be law. baned w T. ful for the comptroller of this state, to loan out of any monies beMorse.

longing to the common school fund, to Timothy Morse and his associates, a sum not exceeding five thousand dollars, for a term not exceeding five years, with interest, at the rate of seven per cent per annum, payable annually; and also, to Daniel Johnson, the like sum, and on the like rate of interest, on security of real estate, of at least double the value of the money loaned over and

above the buildings thereon. A certain XLII. And be it further enacted, That it shall be lawful for the room in the city hall in common council of the city of New York, to cause the room in New York 20 to furs the new city-hall, of the city of New York, set apart by the cornished at the poration of the said city for the use and accommodation of the expense of tre state.

person administering the government of this state, to be furnished in a suitable manner, and that the treasurer on the warrant of the comptroller pay the amount of the expenses thereof, not exceed

ing one thousand dollars. Certain XLIII. And be it further enacted, That the third, fourth and repealed.

fifth sections of the act, entitled “ an act further to provide for

the internal navigation of this state," passed June 19, 1812, be, Rroviso

and the same are hereby repealed: Provided, That nothing herein contained shall be construed to affect or annul any acts of the said commissioners, done in pursuance of the said sections hereby

repealed. Recital And whereas, It is suggested to the legislature, that there are a

number of original wills remaining in the office of the surrogate of the county of Westchester, which were proved before the late Philip Pell, deceased, formerly surrogate of the said county, but have not been recorded, and that many of the records of the said

office are incomplete: Therefore, Duty of the XLIV. Be it further enacted, That it shall be lawful for the surrogate of Westchester surrogate of the said county of Westchester, for the time being, in comple and he is hereby required, to record the said original wills, and to ting certain records. complete the records, which remain in his office in an imperfect

and unfinished state, and that the said records shall be as valid and effectual in all respects as if made or completed by the said former surrogate, and that the accounts of the said surrogate for recording the said wills, and completing the said records, in cases where the fees for the record thereof may have been already paid to the former surrogate, be audited by the board of supervisors, who shall allow him such compensation therefor, as they may

think proper, to be raised in like manner as other contingent Proviso.

charges of the said county are by law directed to be raised : Provided, That the monies paid to the said Philip Pell, deceased, for the fees payable for recording the said unrecorded wills, and entereing the said unfinished records, may be recovered by the trea. surer of the said county, from the heirs or devisees of the said Philip Pell, to whom sufficient assets or estate may have descended, or some or any of them, or from his executors or admi

Cornpensa tion.

histrators, if possessed of suficient assets to answer the same, in an action of debt, or on the case as for so much money had and received, in any court having cognizance thereof, with costs of suit.

XLV. And be it further enacted, That the treasurer shall pay, Monies to be on the warrant of the comptroller, to the commissary general of paid to the this state, the sum of five hundred dollars, as an additional com- general. pensation for his services for one year, commencing on the first day of January last, payable quarter yearly.

XLVI. And be it further enacted, That the treasurer shall To assistant pay, on the warrant of the comptroller, to the assistant-commissa. commissary ry of the Western district, the sum of six hundred and fifty dol- ern district. lars, as an additional compensation for his services for one year, commencing on the first day of January last, payable quarter yearly.

XLVII. And be it further enacted, That the treasurer shall To assi pay, on the warrant of the comptroller, to the assistant-commis- commissary

of eastern sary of the Eastern district, the sum of three hundred and fifty district. dollars, as an additional compensation for his services for one year, commencing on the first day of Jangary last, payable quarter yearly.

XLVIII. And be it further enacted, That on the final sette- Capitol in ment of the accounts of the commissioners appointed for building Albany.com

mitted to its the capitol in the city of Albany, the comptroller shall deliver con. council,

and certain to them the bonds by them severally executed, and that in fu- bonds to be ture, the custody and care thereof be committed to the corpora- given up $2

the conm'rs. tion of the city of Albany; and that the comptroller, in settling the accounts of said commissioners, shall allow them one per cent on the monies by them expended, as a compensation fof their services in the erection of said building.

XLIX. And be it further enacted, That the comptroller be, Comptroller and is hereby authorised and directed to subscribe the stock re- to subscribe served for the state to subscribe in any of the banks in this state, bank stock. and that the comptroller horrow such sum as may be necessary for the purpose of paying the same, from the bank of America, or any other bank obliged by law to loan money to this state, unless there shall be funds in the treasury not otherwise appropriated, in such case, the same to be paid out of such funds. L. And be it further enacted, That the right of the people of certain land

vested in this state shall be, and herehy is vested in the present rightful certain ownholders, under lawful conveyances derived from John Winne, of ers under

Join Winar. and in lot number fifteen, in the township of Galen, in the tract of land set apart for the use of the troops of the line of this state in the army of the United States, drawn to the name of the said John Winne, as a compensation for his services in the late rerolutionary war, except the one hundred acres intended as an equivalent for the United States bounty, and it is hereby declared that the said lands so granted, shall be deemed to have been vested in the said John Winne in fee, on the twenty-seventh day of March, one thousand seven hundred and eighty-three.

LI. And be it further enacted, That the managers to be ap- 12.000 dolls. pointed in compliance with the act, entitled “an act instituting by lottery for

9) the historicot a lottery for the promotion of literature, and for other purposes,"

society in N. LAWS. 37.

33

York,

lege to sub

stock.

after the payments are completed according to the several provi sion contained in said act, be and hereby are directed to raise the additional sum of twelve thousand dollars, in the manner directed in and by the aforesaid act, which sum, when so raised, shall be paid to the historical society in the city of New York, for the purpose of procuring books, manuscripts and other materials, to illustrate the natural, literary, civil and ecclesiastical history of America.

LII. And be it further enacted, That it shall and may be lair. 'Trustees of Union Col- ful for the trustees of Union College to subscribe a sum equal in scribe for amount to the charity funds belonging to said institution, or any certain bank part thereof, to the capital stock of any bank or banks in this

state, the consent of the directors thereof being obtained for such Proviso.

subscription: Provided always, That no right of voting on any stock subscribed by virtue of this act, shall be conveyed to the said trustees or their assigns; and the capital stock of any bank consenting to such subscription, on filing the same in the office of the secretary of this state, shall be encreased to the amount se

subscribed: And provided further, That no larger sum than ten Further proviso. thousand dollars be subscribed to the capital stock of any one

bank. Kecital. And whereas, It appears that a majority of the judges of the

court of common pleas of the county of Queens, on the eighteenth day of January last, under and pursuant to the second section of the act, entitled “an act for the encouragement of the manufactures of woollen cloth, and for other purposes," passed 19th June, 18!2, did adjudge and certify, that Joseph Onderdonk was entitled to a premium of thirty-five dollars, although it also appears, that the cloth upon which they awarded him the said premium, was wholly manufactured in a factory in said county: And whereas, That decision appears to this Legislature to have been made from a misconstruction of the said section of the said act, and contrary to the true intent thereof, which was evidently to encourage the manufacture of woollen cloth in fumilies, and not in factories: Now, therefore,

LIII. Be it further enacted, That the treasurer, on the warA certain premjum to rant of the comptroller, pay the said premium to such other per be paid, and

son as shall appear by the certificate of at least two of the judges of the court of common pleas of said county, to be entitled there. to, by having fully complied with the requirements of said section of said act.

low.

Note. This is the act which is termed the Supply-bill, and usually contains much matter of different descriptions, and having no affinity at all to each other. It was formerly more important than at present, owing to the salaries of most of the public officers being now permanently fixed by law, and not being dependent on the pleasure of the Senate and Assembly alone at each session. Before the salaries of the Chancellor and Judges of the Supreme Court had become perma nent, the Legislature would sometimes use their power in the passage of this law, in such a manner as almost to coerce the Council of Revision --For if the Council rejected the bill on account of some objectionable clauses, then they lost with it, their salories for the year ensuing. This difficulty is however now removed.

The first five sections require no remark. The 6th encreases the salary of the Adjutant General, (Solomon Van Rensselaer, Esq.) from 1250 to 1500 dollars.It is sufficient to mention, that this gentleman was the hero who so nobly distin

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