1 raise the additional sum of five thousand dollars by each of the said lotteries, and to pay the same to the regents of the university, for the the endowment of the college of physicians and surgeons of this state. CHA P. X. CONTENTS. 1. Debtors, of a certair description, to be discharged from prison-2. To make affidavit. 6. Discharges under this act, not to affect judgments against goods. 7. False Swearing, to be punished as perjury. 3. Sheriff and Gaoler, penalty on for refusing to discharge debtors-4. To file affidavit. 5. .... If sued for any discharge under this act, may plead the general issue. AN ACT to amend the Act, entitled" an Act for the more speedy Recovery of Debts to the Value of Twenty-five Dollars." BE Passed February 2, 1809. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That any person having a family in this state, and not being a freeholder, at the time of judgment rendered against him, or at any time thereafter, who now is, or hereafter shall be imprisoned, under the act, entitled "an act for the more speedy recovery of debts to the value of twenty-five dollars," and shall have remained in prison for more than thirty days; and any person not having a family, and not being a freeholder at the time of judgment rendered against him, or at any time thereafter, and who now is or hereafter shall be imprisoned under the said act, and shall have so remained in prison for more than sixty days, shall in either case be discharged from prison on the executions issued under the said act. 2 Provided always, That before such person shall be entitled to his discharge he shall make affidavit before one of the justices of the supreme court, or a commissioner authorized to take affidavits to be read therein, or any of the judges or assistant justices of any court of common pleas, or any justice of the peace, (who are hereby requir ed to take such affidavit) that he comes within the provisions of this act, which affidavit shall be taken in presence of such sheriff, or any one of his deputies, or gaoler, who are hereby required to attend for that purpose when called on by such prisoner; and on producing and delivering such affidavit to the sheriff or gaoler of the county where the party shall be imprisoned, such party shall be forthwith 3 discharged from prison; and in case the sheriff or gaoler shall refuse to discharge such person in manner aforesaid, such sheriff or gaoler shall be subject to a penalty of twenty-five dollars, to be recovered by the party grieved, for his own use, with costs, in any court having 4 cognizance thereof; and it shall be the duty of the sheriff or gaoler to file such affidavit in the office of the clerk of the county in which such party shall be imprisoned, whose duty it shall be to file the same 5 without demanding or receiving any fees therefor. And if any sheriff or gaoler shall be sued or prosecuted for or by reason of any discharge under this act, he may plead the general issue, and give this act and the special matter in evidence in full justification and defence. 6 Provided further, That no discharge of any person under this act shall in any wise affect or prejudice any judgment or execution against 7 the goods and chattels of such person. And provided also, That if any person shall wilfully, falsely and corruptly make the affidavit re quired by this act, he shall, on conviction thereof in any court having cognizance thereof, suffer the pains and penalties inflicted on persons guilty of wilful and corrupt perjury, and shall also be subject to be taken in execution at the suit of the party, in like manner as if he never had been discharged under this act. W CHA P. XI. AN ACT to pardon Rufus Hill. Passed February 2, 1809. HEREAS Rufus Hill, at a court of oyer and terminer, held in and for the county of Chenango, on the 6th day of June, 1808, was convicted of the murder of Mary Sisson, aud sentenced to be executed on the 26th day of August then following: And whereas it appears to the legislature, from the message of his excellency the governor, and the report of justice Yates, who presided at the said court, that it is expedient to pardon the said Rufus: Therefore, BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the said Rufus Hill be and he is hereby fully and absolutely pardoned and discharged from the felony and conviction aforesaid, and all execution and forfeitures thereon. AN ACT to annex a Part of the Town of Hurley, in the County of Ulster, to the Town of New-Paltz, in said County. B Passed February 2, 1809. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the passing of this act, all that part of the town of Hurley, in the county of Ulster, included in the following boundaries, viz. beginning in the northwest corner of the New-Paltz patent, and running thence south, fifty degrees east, one hundred and eighteen chains, to the east bank of the Wallkill; thence north, seventy-one degrees and twenty minutes east, one hundred and fifty-four chains to where the east bounds of the town of Hurley intersects the north bounds of the town of New-Paltz, and thence northwesterly along the bounds of New-Paltz patent to the place of beginning, shall be and is hereby annexed to the town of New-Paltz. CHA P. XIII. AN ACT to enable the Corporation of the City of New-York to raise Monies by Tax. I. 1. B Passed February 2, 1809. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the mayor, recorder and aldermen of the city of New-York, as supervisors of the city and county of New-York, or a majority of them, of whom the mayor or recorder shall be one, shall be and hereby are empowered, as soon as conveniently may be after the first day of May next, to order and cause to be raised by a tax upon the estates both real and personal of the freehold ers and inhabitants of and situate within the said city, and to be collected, a sum not exceeding seventy thousand dollars, to be apapplied to the support and maintenance of the poor of the said city and county, the support and repair of the bridewell of the said city, the support and maintenance of criminal persons, repairing and taking care of other public buildings in the said city, belonging to or under the custody and care of the mayor, aldermen and commonalty of the city of New-York; the making, regulating, repairing and improving the public streets and roads in the said city and county; the defraying other contingent expenses arising within and properly chargeable to the said city and county, and for defraying the expenses which the mayor, aldermen and commonalty of the city of New-York may sustain or be put to in exercising the powers vested in them by an act, passed the 2d day of April, 1803, entitled "an act to invest the mayor, aldermen and commonalty of the city of New-York with adequate powers in relation to certain objects of importance to the police and health of the said city," and for supplying the deficiencies of former taxes upon any and every of the wards of the said city, owing to the insolvency or inability of the collectors, any or either of them or others, and fees of collection not heretofore provided for; such deficiencies, however, to be assessed on the estates real and personal of the freeholders and inhabitants of and situate within the said wards respectively, where they shall happen as aforesaid. And also, a further sum of sixty thousand dollars, by a tax on the estates real and personal of the inhabitants of and situate within the said city to the southward of a line beginning at the North-river, at a place called De Klyne's ferry, a little to the northward of the state-prison, thence eastwardly in front of the new banking house to the road commonly called the sandy-hill road, thence along the sandy-hill road to the northward of Potter's field and the house of William Nelson, to the bowery road, thence across the bowery road to a street commonly called Stuyvesant-street, and through the middle thereof to the East-river, to be applied to the payment of so many watchmen as the mayor, aldermen and commonalty of the city of New-York, in common council convened, shall appoint and employ, for watching and guarding the said city, to the purchasing of oil, providing lamps and putting up the same, and repairing, cleansing and lighting those which now are or hereafter may be erected within that part of the city last described; to the digging, cleansing, making and repairing public wells and pumps in the said city, and to defray the other contingent expenses arising in and properly chargeable to that part of the city to the southward of the line aforesaid, as the mayor, aldermen and commonalty, in common council convened, may from time to time direct, and for the supplying deficiencies of former taxes upon the same part of the said city last described, owing to insolvencies and fees for collection not heretofore provided for; such deficiencies, however, to be assessed on the estates real and personal of the freeholders and inhabitants of and situate within those parts of the said city to the southward of the line aforesaid. II. And be it further enacted, That the said several sums of money shall be assessd in the manner directed by the act, entitled "an act for the assessment and collection of taxes," and each person's tax in one ward shall be collected in one payment, and the money so collected paid into the hands of the treasurer or chamberlain of the said city, at such time, after the first day of May next, as the said mayor, recorder and aldermen, as supervisors of the city and county of New-York, or a majority of them, of whom the mayor or recorder shall be one, shall appoint and direct. III. And be it further enacted, That it shall be lawful for the collectors of the first, second and third wards of the said city to retain in their hands three cents in each dollar by them collected; the collectors of the fourth, fifth, sixth, seventh and tenth wards of the said city to retain in their hands four cents in each dollar by them collected; and the collectors of the eighth and ninth wards of the said city to retain in their hands five cents in each dollar by them collected, and no more, as a full compensation for their trouble in collecting and paying to the said treasurer or chamberlain the monies which shall be raised by virtue of this act. CHAP. XIV. AN ACT to appoint Commissioners to lay out a Road from Sherburne, in the County of Chenango, to Cazenovia, in the County of Madison. Passed February 2, 1809. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That Joseph Dixon, John Niles and Aaron Daniels, be appointed commissioners, and they or any two of them are hereby authorized and empowered to lay out a public road, four rods wide, in the most direct and best route that the face of the country will admit, beginning near the west meeting house in the town of Sherburne, thence running in a northwest direction by John Niles's, in the town of Lebanon, to or near the lake at Cazenovia village. II. And be it further enacted, That when the said commissioners shall have laid out any part of the road aforesaid, a copy of the route shall be entered of record in the town clerk's office in the town where such road shall be laid out; and the said road shall for ever thereafter be kept in repair agreeable to the act, entitled "an act to regulate highways." III. And be it further endcted, That when any part of said road shall be laid out in pursuance of this act through any inclosed lands, the owner or owners thereof shall be paid such damages as they may respectively sustain by reason thereof, which damages shall be determined and assessed agreeable to the directions of the act, entitled "an act to regulate highways;" and each and every town shall bear and pay their own expenses where such road is laid out. IV. And be it further enacted, That the said commissioners shall 'be allowed the like compensation as is by law allowed to commissionérs of highways, and the respective supervisors of the towns through which the said road shall be laid shall levy, raise and pay the same, as other town expenses are by law provided for; and the said commissioners shall, by writing under their hands, certify what part of the aforesaid expense each town shall pay. V. And be it further enacted, That the commissioners of highways in the several towns where such road shall be laid out by the commissioners appointed in and by this act, are hereby authorized and direct 1 ed without delay to open the road in their several towns, and cause the same to be worked in like manner as if the said road had been laid out by the said town commissioners respectively. VI. And be it further enacted, That every commissioner appointed in and by this act shall take and subscribe an oath before they enter upon the duties of their office, in the following form: “I do solemnly and sincerely swear, that I will in all things, to the best of my knowledge and abilities, well and faithfully execute the trust reposed in me as a commissioner, without favor or partiality :" and a certified copy thereof shall be entered of record in the town clerk's office in the town where such commissioner resides. CHA P. XVI. AN ACT to provide Compensation for the Electors of this State for the Election of a President and Vice-President of the United States. Passed February 2, 1809. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That each elector of this state for the election of a president and vice-president of the United States, who shall, at any election of those officers, attend and give his vote at the place appointed by law, shall be entitled to receive, as a compensation for his services, three dollars and fifty cents for every day of his attendance and for every day of his travelling to and from such place, computing his travelling to and from his place of residence, by the most usual road, at the rate of twenty miles for a day, which compensation shall be paid by the treasurer on the warrant of the comptroller. II. And be it further enacted, That the provisions of this act shall be in all respects applicable to the electors of this state for the last election of a president and vice-president of the United States. .... CHA P. XVII. CONTENTS. 1. Land in Richmond county, governor authorized to purchase 20 acres near the Narrows. 5. Persons employed on the fortifications, exempt from certain duties. AN ACT relative to the Fortifications erecting under the Authority of I. 1.BE this State. Passed February 3, 1809. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for the person administering the government to purchase on account of this state, as much land (not exceeding twenty-five acres) adjacent to the public lands at the Narrows, in Richmond county, as he may deem useful for the purpose of the fortifications erecting there, and to draw on the 2 treasurer for the payment of the same; and in case he shall not be able to agree with the owner or owners thereof respectively, or in case the owner or owners thereof shall be under age, non-compos mentis, or out of the state, then it shall be lawful for him to obtain 1 |