Monies to be tion of New York. CHAP. XXVI. An ACT to provide for the re-payment of certain sums of money, advanced by the corporation of the city of New-York, for the defence of this state, and for other purposes. Passed October 24, 1814. I. Be it enacted by the people of the state of New-York, rerefunded to presented in Senate and Assembly, That it shall be lawful for the corpora- the comptroller, and he is hereby required to refund to the corporation of the city of New-York, such sums of money as may have been advanced by the said corporation upon the requisition of the governor, to Samuel Edmonds, pay-master of the sea-fencibles, organized for the defence of New-York, and to Richard Platt, commissary of military stores, for the purchase of arms, equipments and other munitions for the state: Provided however, and it is hereby made the duty of the said Samuel Edmonds and the said Richard Platt, respectively, within six months from the passing of this act, to account with the comptroller for the monies so received by them, and the comptroller is hereby authorised and required to examine and audit the accounts of the said Samuel Edmonds and Richard Platt for all bona fide expenditures and advances made by them out of the monies aforesaid. The sum of 35,000 dollars to be paid for II. And be it further enacted, That the comptroller shall pay to the order of the person administering the government of this state mil. stores, for the time being, the further sum of thirty-five thousand dollars, to be applied by the commissary of military stores, in providing further military stores, equipments, and other means of defence, under the direction of the person administering the government of this state. The Gov's ac examined and audited. III. And be it further enacted, That it shall be lawful for the counts to be comptroller to examine and audit the accounts of his excellency the governor, for all bona fide expenditures and advances made by him in the recess of the legislature, for munitions, transportation of militia, equipage for sea-fencibles, and for other measures of defence, and to pay the balance of such account upon receiving satisfactory and regular vouchers therefor; and also to allow and pay the balance of the account of his excellency the governor, for expenditures under and pursuant to those sections of the act entitled "an act further to provide for the defence of the frontiers, and for other purposes," passed the twelfth June, one thousand eight hundred and twelve, where the appropriation has been exceeded, out of any other unexpended appropriation made by law for purposes of defence. Allowance to IV. And be it further enacted, That the adjutant general, when the Adjutant called into actual service, shall be entitled to receive the subsistence Gen. &c. and forage allowed by law to a colonel in the army, in addition to his salary, and that such of the other state staff, including a military secretary of the commander in chief, whom he is hereby authorised to appoint, with the rank of aid-de-camp, shall receive, when in actual service, the same pay and emoluments as officers of the same grade are allowed in the army. CHAP. XXVII. An ACT to appropriate fifty thousand dollars for the completion of the fortifications on Staten Island. Passed October 24, 1814. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That the sum of fifty thousand dollars be, and the same is hereby appropriated, for the completion of the fortifications on Staten Island, and that the treasurer be and he is hereby authorised and required to pay the same to the governor for that purpose, on the warrant of the comptroller, out of any monies in the treasury not otherwise appropriated. CHAP. XXVIII. An ACT relative to the Outlet Bridge in the county of Orange. WHEREAS doubts have arisen in the construction of some part of the act, entitled "an act to raise monies to drain the drowned lands in the county of Orange," passed March 6th, 1807, and also in the construction of the act therein referred to, entitled "an act making provision for draining swamps and bog-meadows in the counties of Orange and Dutchess," passed April 9th, 1814: 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 commissioners of highways of the towns of Goshen and Minisink, in the county of Orange, and their successors in office, to erect a new bridge over the Walkill, at the outlet of the drowned fands in the said county of Orange, at or near the place where the bridge called the outlet bridge now stands, and to re-build the same if necessary, and to keep the same in repair, any thing contained in the acts above mentioned to the contrary thereof in any wise notwithstanding: Provided always, That in the erecting of any new bridge at the outlet aforesaid, the said commissioners shall not be at liberty to place any greater obstructions in the bed of the Walkill than what have heretofore been used for the support of said bridge; nor shall they be at liberty to obstruct either of the ditches or drains which have been cleared out by the commissioners appointed in the aet aforesaid for draining the drowned lands. State tax to 1815-'16. CHAP. XXIX. An ACT authorising the laying and collecting an annual tax for two years, for the use of this state, and to amend the act for the assessment and collection of taxes. Passed October 24, 1814. 1. Be it enacted by the people of the state of New-York, rebe raised in presented in Senate and Assembly, That a tax of two mills upon each dollar of the valuation of the real and personal estates within this state, shall be raised, levied and collected in the years one thousand eight hundred and fifteen and one thousand eight hundred and sixteen inclusive, for the use of this state, which said annual tax shall be raised, levied and collected with, and in like manner as the taxes for defraying the contingent charges of counties and towns are raised, levied and collected. Comptroller their respec taxes &c. II. And be it further enacted, That the comptroller of this state to charge shall, from the annual returns which may be made to him of the vacounties with luations of real and personal estates within the several counties tive quotas of in this state, ascertain and charge the county treasurers respectively with the amount of the state tax to be raised in the counties respectively, crediting them with such sum or sums as they may pay on account of the same, and with the fees of the county treasurers and collectors, and shall also credit them with the amount of all arrears of taxes on the lands of non-residents, which they may respectively return to his office according to law; and in case the returns of unpaid taxes on lands of non-residents from any county shall exceed the amount of the state tax in such county, it shall be his duty to pay the surplus to the treasurer of such county. County trea pay state tax es, &c. III. And be it further enacted, That the several county treasursurers, when ers within this state shall, on or before the first day of March in each and how to and every year during the continuance of said tax, pay to the treasurer of this state, the amount of state tax raised and paid over to them respectively, retaining in their hands for their services, one cent upon every dollar so paid over to them; or they may pay the same to the bank of New-York, or to the New-York state bank, to the credit of the treasurer of this state; and in case of such payment to either of said banks, the county treasurer making it shall forthwith transmit the receipt of the said bank to the comptroller of this state, to be filed in his office, and the comptroller shall thereupon certify such payment to the treasurer, and charge him with the amount thereof. IV. And be it further enacted, That the comptroller shall, on the Comp. on the first day of May in every year, during the continuance of said tax, 1st of May to state the accounts of the said county treasurers, and in every case with county in which any part of the said tax shall from the said accounts ap state accounts treasurers, &c. pear to remain unpaid, he shall transmit a copy of the account of every county treasurer against whom a balance shall be found, to such county treasurer by mail, requiring him to pay such balance within thirty days; and if any such county treasurer shall neglect or refuse within the said thirty days to pay the balance so as aforesaid found against him, the comptroller shall forthwith, unless it shall be made satisfactorily to appear to him that such county treasurer با county trea hath not received such balance, and that he hath taken all the ne- Delinquent Loeses sus lectors and whom V. And be it further enacted, That all losses which may be tained by de sustained by the default of the collector of any town or ward, shall fault of colbe chargeable on such town or ward; and all losses which may be County treat sustained by the default of the treasurer of any county, in the dis-surers to charge of duties imposed by the act for the assessment and collec- chargeable. tion of taxes, shall be chargeable on such county, and the board of supervisors shall add such losses to the taxes of the next year of such town or county. be sold. VI. And be it further enacted, That the lands hereafter to be Lands, for sold for arrears of taxes, shall be sold only for such arrears of tax- what taxes to es, interest and charges as subject such lands to be advertised for sale agreeably to the provisions of the sixteenth section of the act entitled " an act for the assessment and collection of taxes." VII. And be it further enacted, That the thirty-ninth section 39th sec. of of the act, entitled "an act for the assessment and collection of the tax law taxes" be, and the same is hereby repealed. repealed. authorised to VIII. And be it further enacted, That it shall be lawful for the Comptroller comptroller, in the name of and in behalf of the people of this state, borrow mo from time to time, as the demands of the treasury may render it hey, and how necessary, to loan from the different banks in this state, and from such individuals or other incorporated bodies as shall be willing to loan the same, at the usual bank discount, such sum or sums as may be necessary to discharge such demands, and to draw his warrant for the same in favor of the treasurer, and charge him with the amount thereof. IX. And be it further enacted, That if the sums necessary to meet such demands on the treasury of this state can be seasonably obtained from the ordinary revenues and resources of the state, and from loans that may be obtained under the last preceding section of this act, or the twenty-first section of the act, entitled "au act re Taxes pledg payment of money borrowed with interest. lative to the office and duties of the comptroller of this state," it shall not be lawful for the comptroller to demand from the bank of America, nor from the city bank, the loans which they are respectively bound to make to this state; but in case a part only of the sum necessary shall be obtained in pursuance of the first section of this act, that then it shall be the duty of the comptroller to require the said banks last mentioned to loan the residue, and that it shall be the duty of the said banks to make the said loan as is directed by law. X. And be it further enacted, That the faith of this state be and ed for the re- the same is hereby pledged to appropriate the avails of the taxes directed to be raised by this act, to the payment of the interest which may grow due on the said loans, or as much thereof as may be necessary for that purpose; and further, that the legislature will as often as it may become necessary for the payment of the said interest, and for the re-payment of the principal, before the expiration of the charter of such banks as may so loan respectively, provide therefor either by a continuance of the taxes imposed by this act, or the imposition of other and further taxes. CHAP. XXX. An ACT in addition to the act relative to the next term of the Supreme Court, and to postpone the November sittings in the city of New-York. Passed October 24, 1814. I. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That all process issued previous to the passing of the said act, returnable on the third Monday of October, or on any other day in the October term, shall be as valid as if the term had been holden under the former law, and that all defaults entered and assessments made in pursuance of the law as the same existed previous to the passing the said act, shall be also valid: Provided nevertheless, That any person against whom a default has been entered, shall have liberty to apply to have such default set aside, at any time during the term to be held under the said act. II. And be it further enacted, That the court of sittings for the trial of issues appointed to be holden in and for the city and county of New-York, upon the second Monday of November next be, and the same is hereby postponed until the further order of the said supreme court. |