A certain act continued in force for a od. out by the said commissioners, in the manner in which the said square is reduced and designated by this act. III. And be it further enacted, That the act, entitled "an act further to suspend the collection of the assessments therein limited peri- mentioned," passed 9th April, 1813, be, and the same is hereby continued in force, until the end of the next session of the legislature; and that the report and plan relative to Canal-street, in the said city, referred to in the preamble to the said last recited act, made by certain commissioners, therein referred to, is not confirmed or approved of by this legislature. [Note.-See Appendix.] Recital. Penitentiary CHAP. CLXXVI. An ACT relative to the Alms-House, and Bridewell, and City- Passed April 15, 1814. WHEREAS the mayor, aldermen and commonalty, of the city of New-York, have, by their memorial, represented to the legis lature, that they are now erecting, and have nearly completed, spacious buildings, at Bellevue, in the ninth ward of the city of New-York, one of which buildings is designated by them to be used and employed as an alms-house, and another contiguous thereto, is designated by them to be used and employed as a gaol, for the confinement of such offenders as are to be kept at labor during their imprisonment; and have prayed the legislature, for certain reasons set forth in their said memorial, to establish the said last mentioned building as one of the gaols of the said city, and to enact the herein after contained provisions relative to com mitment of offenders thereto, and to the city-prison and bride well, the prayer of which memorial appears proper to be granted :Therefore, I. BE it enacted by the people of the State of New-York, repre of N. York. sented in Senate and Assembly, That one of the buildings now Who to be confined therein. erecting by the mayor, aldermen and commonalty, of the city of New-York, at Bellevue, in the ninth ward of the said city, as shall be designated by the common council of the said city, shall be and become one of the gaols of the said city, by the name of "The Penitentiary of the city of New-York," whenever and as soon as the common council of the said city shall deem such building sufficiently finished for the safe keeping of prisoners ; and the said building shall thenceforth be and continue the gaol of the said city, for the confinement and safe keeping of all persons convicted of any crime or misdemeanor, and sentenced to confinement therein, by the general sessions of the peace, in and for the city and county of New-York, or any court of oyer and terminer there; and also of all persons committed thereto by the mayor, recorder and aldermen, of the said city, or the special justices for preserving the peace in the said city, for the time being, ( charge. or any two of them; and the said penitentiary shall be under the Penitentiary, charge of the mayor, aldermen and commonalty, of the city of under whose New-York; and the said mayor, aldermen and commonalty, in Keeper to be common council convened, shall, from time to time, appoint some appointed. proper person to be keeper of the same, who shall hold his office during the pleasure of the said common council, and shall be called" the keeper of the penitentiary of the city of New-York ;" and all commitments of offenders to the said gaol shall be to "the keeper of the penitentiary of the city of New-York.' Gaol of the II. And be it further enacted, That the part of the bridewell of the city of New-York, which is now established and used as city. the gaol of the said city, for the confinement and safe keeping of all persons charged with, or convicted of any crime or misdemeanor, except persons sentenced to imprisonment in the stateprison, shall, after the above mentioned building at Bellevue becomes the penitentiary of the said city as aforesaid, continue to be the gaol of the said city, for the confinement and safe keeping of such persons as shall be specially committed thereto, or sentenced to confinement therein, and especially of all persons com- Who to be mitted to prison in the said city for offences against the United therein. States; and the gaol last aforesaid, shall also be under the charge of the mayor, aldermen and commonalty, of the said city; and the common council of the said city shall, from time to time, ap- Keeper to be point some proper person to be keeper of the same, who shall and by whom hold his office during the pleasure of the said common council, and shall be called" the keeper of the city-prison of the city of New-York;" and all commitments of offenders to the gaol last aforesaid, shall be to " the keeper of the city-prison of the city of New-York." confined appointed, III. And be it further enacted, That the keeper of the said Keepers of penitentiary, and the keeper of the said city-prison, shall keep the penitens all persons committed to them respectively in the same manner gaol to retiary and and under the same penalties as the sheriffs of the other counties ceive prisonin the state ought by law to keep in the gaols of the respective counties, the criminals committed to them. ers, &c. be committ IV. And be it further enacted, That it shall and may be law- Disorderly ful for the mayor, recorder and aldermen, of the said city of New- persons may York, and the special justices for preserving the peace in the ed to the pe said city, for the time being, or any two of them, to commit any six months. nitentiary for person who may be deemed and adjudged a disorderly person, within the meaning of the act, entitled 16 an act for apprehending and punishing disorderly persons," to the above mentioned peni- There to be tentiary, to be kept at hard labor, or any work or employment kept at hard therein, for any period not exceeding six months. labor. Common York may alms-house, V. And be it further enacted, That it shall be lawful for the mayor, aldermen and commonalty, of the city of New-York, in council of N common council convened, from time to time, to appoint such appoint offi other officers as they may deem proper for the government of the cers over the said alms-house, bridewell and city-prison, and penitentiary, and bridewell and to make and ordain such ordinances and regulations as they shall city prison, and regulate deem necessary for the better government of the said alms-house, the same by bridewell and city-prison, and penitentiary, and the keepers, offi- &c. cers and servants thereof: Provided, Such ordinances and regu ordinances, Proviso. Superintend ent of the alms-house to be ap the common council. lations be not contrary to the law and constitution of this state. or of the United States. VI. And be it further enacted, That it shall be lawful for the said mayor, aldermen and commonalty, of the city of New-York, in common council convened, from time to time, to appoint such pointed by discreet and suitable person, as they may think proper, to be superintendent of the said alms-house, with such powers and duties To hold his as they may, from time to time, by their ordinances, regulations or bye-laws, ordain and prescribe, and to hold his office for the term of seven years, if he shall so long be of good behaviour, and removable during that period for corrupt or mal-conduct, or disability, solely, and for no other cause. office for 7 years, unless sooner re moved for mal-conduct only. [Note.-See Appendix.] Recital. 6. Bardin administra. tor of T. Bardin to CHAP. CLXXVII. An ACT for the relief of Erastus B. and Abner Woodworth. WHEREAS Otis Bardin, administrator, and Olive Bardin, administratrix, together with the heirs of Thomas Bardin, of the town of Seneca and county of Ontario, deceased, have by their petition set forth to the legislature, that in the life-time of the said Thomas, deceased, he did agree with Erastus B. and Abner Woodworth, of the town of Benton, in the county aforesaid, that on the payment of a certain sum of money, he would convey unto them lot number sixty, in township number eight, in the first range of Phelps and Gorham's purchase, containing by estimation two hundred acres; and the said Thomas in his life-time did, by request of the said Erastus and Abner, execute unto Aaron Dean, a deed for one hundred and fifty acres of said lot; but, that fifty acres of said lot still remains in fee in the heirs of the said Thomas Bardin, deceased, who is unable to convey the same, agree able to the contract aforesaid, to the great damage of the said Erastus and Abner, who are ready to fulfil their part of the contract, therefore pray legislative aid in the premises. BE it enacted by the People of the state of New-York, represent ed in Senate and Assembly, That it shall be lawful for Otis Bardfulfil a cer- in, administrator of the said Thomas Bardin, late of the town of Seneca, in the county of Ontario, deceased, to fulfil the contract cuting a cer- made by the said Thomas in his life-time with Erastus B. and tain convey. Abner Woodworth, by executing unto them, their heirs and as tain contract and his exe ance. Effect and operation thereof. signs, a conveyance in fee simple, of fifty acres of land in lot number sixty, in township number eight, being the residue and remainder of said lot number sixty, not conveyed by the said Thomas in his life-time, and when so conveyed, as aforesaid, shall be as effectual both in law and equity as if the said Thomas Bardin had in his life-time done the same, any law, usage, or custom to the contrary notwithstanding. Vote. This act requires no remark.] CHAP. CLXXVIII, An ACT for opening and making a road from or near the house of Almon Phillips, in the town of Essex, to the upper falls, near the outlet of Lake George, in the town of Ticonderoga. Passed April 15, 1814. lay out a cer 1. Be it enacted by the People of the state of New-York, represent- Commiss'rs ed in Senate and Assembly, That Ransom Noble, Charles Hatch appointed to and Levi Thompson, be, and they are hereby appointed commis- tain road, sioners for laying out, opening and improving a road from or near the dwelling-house of Almon Phillips, in the town of Essex, in the most convenient and practicable route, near the lake shore, to or near the upper falls, in the town of Ticonderoga, who shall, be fore they enter upon the duties of their appointment, execute a and to exe bond to the people of this state, in the sum of ten thousand dol- cute bonds. lars, with sureties, to be approved of by the comptroller, conditioned for the faithful expenditure of all the money which shall come into their hands, pursuant to this act, according to the true intent and meaning thereof, and to account with the comptroller To account for the expenditure whenever thereto required, which bond shall comp be filed in the comptroller's office. with troller. for the pur Commiss❜rs II. And be it further enacted, That for the purpose of laying 5000 dollars out, opening and improving of the said road, the sum of five thou- appropriated sand dollars be appropriated, and the commissioners of the land- pose. office shall without delay, sell in such manner and for such price, of land office as they may deem proper, so much of the lands belonging to the to sell cer people of this state in the eastern district, as will be sufficient to satisfy the said appropriation, which when received into the treasury of this state, shall be paid on the warrant of the comptroller, to the order of the said commissioners, named in the first section of this act, or a majority of them. tain lands. III. And be it further enacted, That the said commissioners Compensa. shall be entitled to two dollars per day, and no more, for their to commis services and expenses whilst necessarily employed in the duties this act. of their appointment. sioners under [Note. This road is through a tract of country rapidly settling, and was much required for the convenience of the inhabitants.-The legislature has extended to it their fostering arm and have liberally contributed 5000 dollars to the promotion of this interesting object.] CHAP. CLXXIX. An ACT to authorise the sale of certain real estate whereof Passed April 15, 1814. WHEREAS it is represented to the legislature by the petition of Nicholas Governeur Rutgers, that Anthony A. Rutgers, Recital J. Rhea of authorised to sell and convey certain real estate of A. A. Rutgers. deceased, late of the county of Essex, in the state of New-Jersey died seised of certain rights, lots, or tracts of land in the town of Rochester, in the county of Ulster and state of New-York; and also, of certain lots at Lansingburgh, in the county of Rensselaer, in the last mentioned state, and that he the said Anthony A. Rutgers, in and by his last will and testament, bearing date the fifth day of October, in the year of our Lord one thousand seven hundred and seventy-five, by him duly made and executed in the manner by law required to pass real estate, thereby did constitute and appoint his wife Gertrude Rutgers, Nicholas Gouverneur, Leonard Lispenard, Lewis Ogden, and Isaac Ogden, executors of his said last will and testament, directing and giving them full power and authority to sell and convey all or any part of his real estate whatsoever and wheresoever, except what is therein excepted, and the money arising from such sales to be divided among his children: And whereas, It is further represented, that all the said executors except Isaac Ogden have since died without selling the said rights, lots, or tracts of land, or any part thereof, and that the said Isaac Ogden is a subject of the king of the United Kingdom of Great-Britain and Ireland; that he resides at Montreal in Canada, and hath never proved the said will or taken upon himself the execution thereof, and is incapable of proving the same or acting thereon: And whereas, It is further represented, that all the devisees of the said Anthony A. Rutgers, deceased, excepting the said Nicholas G. Rutgers, are also deceased, and have left children, the greater part of whom are infants, under the age of twenty-one years; And whereas, The said petitioner by his said petition, hath prayed, that Jonathan Rhea, Esquire, of Trenton, in the state of New-Jersey, may be authorised to sell and dispose of the said lands, and dispose of the money arising from the sales thereof, agreeably to the directions of the said last will and testament of the said Anthony A. Rutgers, deceased: And whereas, The said request appears to be just and reasonable; therefore, I. BE it enacted by the people of the state of New-York, repreNew Jersey sented in Senate and Assembly, That Jonathan Rhea, of Tren ton, in the state of New-Jersey, be, and he is hereby authorised and empowered to sell and dispose of all the lands and real estate in the counties of Ulster and Rensselaer, in this state, whereof the said Anthony A. Rutgers died seised, and which now remain unsold, and to make and execute proper conveyances therefor; to vest the same and the whole estate and interest of the said Anthony A. Rutgers therein at the time of his death, in the respective purchaser or purchasers thereof, as fully and effectually, to all intents and purposes, as the said executors might or could have done were they all now living and capable of acting therein: And further, That it shall be the duty of the said Jonathan Rhea, to dispose of the monies to arise and be received from the said sales, agreeably to the directions and true intent of the said last will and testament of the said Anthony A. Rutgers, deceased: Provided, That before the said Jonathan Rhea shall take upon himself, or proceed to the execution of the powers vestgive bonded in him by virtue of this sct, he shall execute to the people of Proceeds of sale how to be disposed of. J. Rhea to |