2 3 CHA P. XC. AN ACT relative to the Boundaries or Division Line of certain Counties and Towns within this State. W Passed April 3, 1807. WHEREAS the boundary or division line between certain towns and counties in this state consists of a creek or river, and doubts have been entertained how far into such river or creek every such county or town respectively extend, and much inconvenience has resulted therefrom. Therefore, BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That where any counties or towns in this state, are separated from each other by a river or creek, in every such case the middle of the channel of the river or creek shall be and hereby is declared to be the division line between them. CHA P. XCI. 1. New-Berlin, erected from part of Norwich-2. Privileges-3. Poor, &c. how divided. AN ACT to divide the Town of Norwich, in the County of Chenango, and for other Purposes. Passed April 3, 1807. •BE it enacted the fideat. To rented in Senate and Assembly, That from and after the last Tuesday of February, in the year one thousand eight hundred and eight, all that part of the town of Norwich, in the county of Chenango, included within the sixteenth township, together with the three eastern tier of lots of the tenth and fifteenth townships, as far south as the quarter line of the said fifteenth township, be and hereby is erected into a separate town, by the name of New-Berlin; and the first town meeting in said town shall be held at the house of Jeremy Goodrich, in the said town, and all the remaining part of said town of Norwich, shall be and remain a separate town, by the name of Norwich. II. And be it further enacted, That the said towns of Norwich and New-Berlin, and the officers by them to be elected, shall be entitled to the same privileges, and subject to the same penalties, that the other towns in this state are by law entitled and subject to. III. And be it further enacted, That as soon as may be after the first Tuesday in April, one thousand eight hundred and eight, the supervisors and overseers of the poor of the said towns of Norwich and New-Berlin, on notice being first given by the said supervisors for that purpose, shall meet together and divide the money and poor belonging to the town of Norwich previous to the division thereof, agreeable to the last tax list, and that each of the said towns shall for ever thereafter respectively maintain their own poor. С НА Р. XCII. CONTENTS. 1. Hibernian provident society of New-York incorporated-2. Privileges4. Powers. 8. Act declared public-6. To continue 15 years-7. With provisoes-3. Estate. AN ACT to incorporate the Hibernian Provident Society of the City of New-York. I. B Passed April 3, 1807. 1 E it enacted by the People of the State of New-York, represented in Senate and Assembly, That such persons as now are, or hereafter shall become members of the said society, shall be and are hereby ordained, constituted and declared to be a body corporate and politic, in deed, fact and name, by the name of "The Hibernian provident society, in the city of New-York ;" and that by that name, they and their successors shall have succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever; and that they and 2 their successors may have a common seal, and change and alter the same at their pleasurse; and that they and their successors, by the same name, shall be persons capable in law to purchase, take, receive, hold and enjoy, to them and their successors, any real estate, in fee simple or for term of life or lives, or otherwise, and any goods, chattels or personal estate, for the purpose of enabling them the better to carry into effect the benevolent purpose of affording relief to the indigent and distressed, and no other; Provid- 3 ed, The clear yearly value of such real and personal estate shall not exceed the sum of two thousand dollars; and that they and their successors shall have full power and authority to give, grant, sell, lease, demise and dispose of the said real and personal estates, or any part thereof, at their will and pleasure; and that they and their successors shall have power, from time to time, to make, constitute, ordain and establish bye-laws, constitutions, ordinances and regulations, as they shall judge proper, for the election of their of ficers, for the election or admission of new members of the said corporation, and the terms and manner of admission, for the better government and regulation of their officers and members, for fixing the times and places of meeting of the said corporation, and for regulating all the affairs and business of the said corporation: Provided, That such bye-laws and regulations shall not be repugnant to the constitution or laws of the United States or of this state; and for the better carrying on the business and affairs of the said corporation, there shall be such number of officers of the said corporation, and of such denomination or denominations, to be chosen in such manner, and at such time and places, as are now, or shall from time to time be directed by the constitution and bye-laws of the said corporation, made or to be made for that purpose; and that such number and description of members shall be sufficient to constitute a legal meeting of the said corporation, as are now or may hereaf ter be directed by the said constitution and bye-laws of the said corporation. 5 II. And be it further enacted, That this act be and is hereby declared to be a public act, and that the same be construed in all courts and places benignly and favourably for every beneficial purpose therein intended. 6 III. And be it further enacted, That this act shall be and re7 main in full force and virtue for the term of fifteen years: Provided nevertheless, That in case the aforesaid society shall appropriate their or any part of their funds to any purpose or purposes, oth er than that contemplated by this act, and shall be thereof convicted by due course of law, that henceforth the said corporation shall cease and determine, and the estate, real and personal, whereof it may then be seized and possessed, shall vest in the people of this state: And provided further, That nothing herein contained shall be construed to prevent the legislature, at any time in their discretion, within the period aforesaid, from altering or repealing this act. 1 B CHAP. XCIII. AN ACT relative to the City of Schenectady. Passed April 3, 1807. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That upon the trial of any issue or upon the taking of any inquest, or making any inquisition, or upon the judicial investigation of any facts whatever, in which issue, inquest, inquisition or fact, the mayor, aldermen and commonalty of the city of Schenectady, or the common council, of the first and second wards of the said city, shall or may be a party, or interested, no person shall be deemed an incompetent witness for the reason that such person is an inhabitant, freeholder or freeman of the city of Schenectady. CHA P. XCIV. 1. Mortgages given to attainted persons, operation of a clause respecting unjust. 2. ...... 3. Clause respecting, repealed. Suits commenced on, attorney-general may discharge-4 His compensation. AN ACT to repeal the 37th Section of the Act, entitled "An Act for the Payment of certain Officers of Government and for other Purposes," passed the 10th of April, 1805. Passed April 3, 1807. WHEREAS by the thirty-seventh section of the act for the payment of certain officers of government, and for other purposes," passed the tenth day of April, one thousand eight hundred and five, the attorney-general was authorized and directed to take such legal measures, as he might deem necessary, to recover the suns due on mortgages, given to attainted persons, which re main on record in the offices of the clerks of counties in this state, uncancelled: And whereas, the mortgages so remaining on record, were so recorded before or during the late American war, and the mortgagers in most cases being either dead or absent, and the property mortgaged, being in the possession of innocent purchasers, without notice of such uncancelled records, by reason whereof, the operation of the said section of the aforesaid act has been found to be unjust and oppressive. Therefore, 3 I. BE it enacted by the People of the State of New-York, repre- 2 sented in Senate and Assembly, That the said thirty-seventh section of the act aforesaid, be and the same is hereby repealed: Provided, That the attorney-general may discharge the mortgages upon which suits have heretofore been commenced, and discontinue the said suits upon such terms as he may deem equitable and just. II. And be it further enacted, That the comptroller be and he is 4 hereby authorized to audit the account of the attorney-general, for carrying into effect the said thirty-seventh section of the said recited act, and the amount so audited may be retained by him out of any money that may be recovered on the mortgages, given to attainted persons. W XCV. AN ACT to amend an Act, entitled "An Act to annex Part of the Town of Philips to the Town of Fishkill, in Dutchess County. Passed April 3, 1807. HEREAS by the act, entitled "An act to annex part of the town of Philips to the town of Fishkill, in Dutchess county," passed the fourteenth day of March, one thousand eight hundred and six, no provision was made for dividing the poor and money belonging to the said town of Philips. Therefore, BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That as soon as may be after the first Tuesday of April next, the supervisors and overseers of the poor of the said town of Philips and Fishkill, on notice being first given by the said supervisors for that purpose, shall meet together and divide the money and poor, which belonged to the town of Philips previous to the division thereof, agreeable to the tax list, in the year one thousand eight hundred and five; and that each of the said towns shall for ever thereafter respectively support their own poor, and it is hereby made the duty of the overseers of the poor of the town of Fishkill, to pay to the overseers of the poor of the town of Philips, so much money as would have been raised for the support of the poor for the year one thousand eight hundred and six, en such section of the town of Philips as was by the above recited act annexed to the town of Fishkill. I. BE XCVI. Dean and others. Passed April 3, 1807. State of New-York, repre E it enacted by the People of the the land-office may, and they are hereby directed, to issue letters patent to Moses Dean, his heirs and assigns, for two hundred and fifty acres of land in the tract set apart for the line of this state, serving in the army of the United States, as a gratuity to the said Moses Dean, for his services during the late revolutionary war. II. And be it further enacted, That the commissioners of the land-office be, and they are hereby directed, to issue letters patent to the legal representatives of John Bishop, for two hundred acres of land in the tract set apart for the use of the line of the army of this state, serving in the army of the United States, for the servi ces of the said John Bishop during the late war: Provided always, That, previous to the issuing of the letters patent, the said patentees shall pay into the treasury of this state the fees for surveying the land in such letters patent mentioned, and produce to the said commissioners a receipt thereof. CHA P. XCVII. AN ACT for the Relief of the Widow and Representatives of Guysbert Williams, deceased. Passed April 3, 1807. HEREAS Lois Williams, widow and administratrix of Guys W bert Williams, deceased, hath presented her petition to the legislature, setting forth, that the said Guysbert, in his life time, to wit, on the twenty-fifth day of February, one thousand eight hundred and four, entered into an agreement with Morgan Lewis, Esquire, for the purchase of the premises hereinafter mentioned; and that the said Morgan Lewis, by an agreement, under his hand and seal, bearing date on the said twenty-fifth day of February, did promise and agree to convey unto the said Guysbert a farm of land purchased of Mr. Isaac Rowland, lying in the town and county of Saratoga, consisting of two hundred and twenty-five acres or thereabouts, upon the said Guysbert's paying to him, the said Morgan, five hundred and seventy-one dollars, with interest from the date thereof, and that the said Guysbert is since deceased, leaving her, his widow, and eight infant children, (viz.) Peter Williams, Jeremiah Williams, Thomas Williams, Nicholas Williams, Palmer Williams, Lany Williams, Gilbert Williams and Eliza Williams, and praying that a law may be passed, authorizing the said Lois to pay unto the said Morgan Lewis all monies due on the said contract, and to take and receive from him a deed of conveyance for said lands, in her name and in the name of her said children. 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 Lois Williams to pay off and discharge all monies due on the said agreemeent unto the said Morgan Lewis, and to take and receive from him a deed of conveyance for the said farm in her own name and in the name of her said children, to hold the same to them, their heirs and assigns: And further, That the said Morgan Lewis, upon executing such deed, shall be deemed to have per |