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way invalidate the proceedings of any court of common pleas and general sessions of the peace, which is by the said act authorized to be held in the said county of Franklin.

XLVII. And be it further enacted, That at the next election the 51 seat of one of the senators to be elected in the western district, shall be considered as belonging to the third class, in the room of Joseph C. Yates, esquire, whose seat in that class has become vacant by his acceptance of the office of a justice of the supreme court.

PUBLIC LAWS

OF THE

STATE OF NEW-YORK,

PASSED AT THE THIRTY-SECOND SESSION OF THE LEGISLATURE, BEGUN AND HELD AT THE CITY OF ALBANY,

NOVEMBER 1st, 1808.

CHA P. I.

AN ACT to amend the Act, entitled "An Act to vest certain Powers in the Freeholders and Inhabitants of the Village of Johnstown, in the County of Montgomery."

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Passed November 8, 1808.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the freeholders and inhabitants of the village of Johnstown, in the county of Montgomery, may, on the first Tuesday in December next, choose five trustees, in the same manner, as by an act, entitled "an act to vest certain powers in the freeholders and inhabitants of the village of Johnstown, in the county of Montgomery, passed the first day of April last," they the said freeholders and inhabitants were authorized to have done on the third Tuesday in May last; and the said trustees, when so chosen, and the freeholders and inhabitants of said village, shall have and enjoy the same rights and powers as they would have had, had such trustees been chosen on the day last aforesaid.

CHA P. III.

AN ACT appropriating the further Sum of Two Hundred Dollars for completing the Gaol in the County of Broome.

I.

BE

Passed November 8, 1808.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the treasurer of the county of Broome, be and he is hereby authorized and required to pay over to the commissioners heretofore appointed by the supervisors of said county, to superintend the building of a gaol, in said county, the further sum of two hundred dollars, out of any monies in the treasury of said county, not otherwise appropriated, for the purpose of completing said gaol; and it is hereby made the duty of the said commissioners, to ac-count with the said supervisors for the money which they shall receive by virtue of this act, when thereunto required.

II. And be it further enacted, That as soon as the said gaol shall be completed, it shall be the duty of the judges of the said county, or a majority of them, to examine and ascertain the sufficiency of said gaol, and whenever the said judges shall have pronounced the same sufficient, it shall from thenceforth be the gaol of said county, and the

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sheriff thereof shall be and hereby is authorized, immediately thereafter, to remove any prisoners he may have in confinement in the gaol of the county of Tioga, to the said gaol in the county of Broome.

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AN ACT to revive an Act, entitled "An Act to amend an Act, entitled "An Act to regulate Sales by Public Auction, and to prevent Stock Jobbing."

BE

Passed November 8, 1808.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the act entitled "an act to amend an act, entitled an act to regulate sales by public auction and to prevent stock jobbing," shall be and hereby is revived, and shall be deemed to have been revived, from the first day of March last, and shall continue and remain in force until the first day of March, which will be in the year 1812, and no longer.

CHA P. VI.

AN ACT to amend the Act, entitled "An Act to improve the Road from the Town of Chester to the Town of Canton."

BE

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Passed November 8, 1808.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the surveyor-general be and he is hereby authorized and required, as soon as may be after the surveys thereof can be completed, to sell and convey the lots directed by the said act to be sold in the manner and upon the terms and to apply the proceeds of the said sales as therein is directed, any specification of time in the said act to the contrary notwithstanding.

CHA P. VIII.

CONTENTS.

3. Fish, act for inspection of not to apply to fish imported-4. Casks may be made of pine. 1. Flour and Meal, sect. of a former act respecting, repealed-2. And another sect. revived. 5. Lands to be granted to Pierre Ayotte. 6. Wharfage, rates of, at public wharves.

AN ACT relative to the Inspection of Flour and Fish, and for other

T.

B

Purposes.

Passed November 8, 1808.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the first section of the act, enti tled "an act to amend the act, entitled an act for the inspection of flour and meal," passed the fourth day of March, 1808, shall be and the same is hereby repealed.

II. And be it further enacted, That the third section of the act, entitled "an act for the inspection of flour and meal," passed the third day of April, 1801, shall be, and the same is hereby revived and declared to be in full force and effect, as if the section hereby repealed had not been passed.

III. And be it further enacted, That the act, entitled "an act for the inspection of fish," passed the nineteenth day of March, 1808,

shall not apply to fish put up and packed in foreign countries imported into this state.

IV. And be it further enacted, That every barrel or half barrel, in 4 which pickled fish shall be packed for inspection, under the act mentioned in the next preceding section, may be made of pine, as well as of any of the other kinds of wood mentioned in the said act.

V. And be it further enacted, That it shall and may be lawful for 5 the commissioners of the land office to grant letters patent in fee simple to Pierre Ayotte, a Canadian refugee, for five hundred acres of land in the tract set apart for satisfying the claims of Canadian refugees, in the county of Clinton, agreeable to the act of the eleventh day of May, 1784.

VI. And be it further enacted, That the person to be appointed to 6 receive the profits arising from the wharves, piers, or other accommodation for shipping, which have been erected, or hereafter may be erected, belonging to this state, in pursuance of the act, entitled "an act making further provision for improving the navigation between the villages of Troy and Waterford, and for other purposes," passed the nineteenth day of March, 1805, shall receive such rates for wharfage as are usually received for wharfage at the port of Sag-Harbor; and shall annually account with the comptroller for the monies received by him for such wharfage.

С Н А Р. IX.

CONTENTS.

1. Land in New-York, two certain gores of, governor authorized to dispose of.
2. College of Physicians and Surgeons, money to be raised by lottery for endowment of.

AN ACT making further Provision for the Erection of an Arsenal in the City of New York, and for other Purpose8.

W

Passed November 8, 1808.

HEREAS in consequence of a cession by the commissioners appointed for that purpose of a part of the public ground in the vicinity of the government house, in the city of New-York, to the United States, for an arsenal, and of another part to the corporation of the said city, for the extention of Bridge-street, two small gores of land have been seperated from the public ground connected with the government house and whereas the said corporation have assented that the said gores should be disposed of and used for private purposes

:

I. BE it therefore enacted by the People of the State of New-York, represented in Senate and Assembly, That the person administering the government of this state is hereby authorized and empowered to sell the said gores of land, and to give a conveyance therefor, in fee simple, to the purchaser or purchasers, in behalf of the people of this state, and to apply the proceeds of the said sale to the payment of all expenses which have arisen or may arise from the completion of the buildings contemplated in the act, entitled "an act for the erection of a state arsenal in the city of New-York," and the surplus of such proceeds, if any, shall be paid into the treasury.

II. And be it further enacted, That the managers appointed to draw the lotteries for the endowment of Union college be authorized to

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