whole, and the same to alter at pleasure, but not oftener than once in 5 any one year, and the liberties of the gaol of the said city and county, as now established by the said court, are hereby ratified and confirmed, and are declared to have been legal and correct, and the same shall remain the liberties of the gaol of the said city and county, until otherwise altered. 6 V. And be it further enacted, That the powers granted to and vested in the mayor's court of the city of New-York, by the next preceding section, shall be and hereby are granted to and vested in the several courts of common pleas in this state. CHA P. CLI. AN ACT to amend the Act, entitled "An Act for the Relief of Debtors with respect to the Imprisonment of their Persons. B Passed March 29, 1809. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the proceedings in favor of debtors confined in gaol upon executions for sums to the amount of two thousand five hundred dollars, in the fourth and fifth sections of the act, entitled "an act for the relief of debtors with respect to the imprisonment of their persons," shall be extended to every debtor so confined in gaol, notwithstanding such debts shall exceed the sum of two thousand five hundred dollars, and that it shall and may be lawful for the courts of common pleas in those counties in which the supreme court shall sit to execute the several provisions of the said act, and the amendments thereto, with respect to persons charged in execution issuing out of the said supreme court, in like manner as the several courts of common pleas in the other counties of the state. CHA P. CLII. CONTENTS. 1. Bonds and mortgages given under the act for loaning monies, declared to be valid. 2. Interest, from what time to be exacted. 3. Southern district, counties in, to apply for money by the first Monday in July. AN ACT to amend the Act, entitled "An Act authorizing a Loan of 1 I. 2 B Passed March 29, 1809. E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the bonds and mortgages executed to the people of this state in pursuance of the act, entitled " an act authorizing a loan of monies to the citizens of this state," shall be deemed and adjudged to be valid, notwithstanding any misrecital of the title or other parts of the said act in the said bonds or mortgages. II. And be it further enacted, That the commissioners for loaning money in the several counties of this state, shall exact interest on the monies loaned by virtue of the said act, from the day of the date of the respective mortgages. 3 11. And be it further enacted, That such of the counties in the southern district, including the city of New-York, as shall neglect to apply to the comptroller for the sums of money authorized to be loaned to them by virtue of the first section of the said recited act, on or before the first Monday of July next, are hereby declared to have forfeited all right and benefit given therein respectively, by the said first section of the act aforesaid. IV. And be it further enacted, That the comptroller be authorized 4 and required to have procured at the expense of this state, new books with blank forms and printed mortgages, whenever the same shall become necessary, and shall deliver the same to the loan officers and commissioners for loaning money in the different counties in this state, whenever the same shall be required by them respectively. V. And be it further enacted, That the comptroller may in his dis- 5 cretion take separate bonds and sureties from each of the commissioners for loaning money, who now are or may be appointed by virtue of the said act, conforming in all other respects as far as may be practicable to the above recited act, with respect to the form and condition of the said bond and sureties to be taken, and that such bonds may be put in suit by the direction of the comptroller, in such manner and for the purposes expressed in the above recited act, with respect to the bonds thereby prescribed and required. CHA P. CLIV. CONTENTS. 1. Russell, Elmore, authorized to build a dam across Susquehannah-river. 2. ...... To make a lock through his dam-3. And a sluice-way through the same. 4. Penalty for not complying with the provisions of this act. AN ACT authorizing Elmore Russell to build a Dam across the Susquehannah-River in the Town of Windsor, in the County of Broome. Passed March 29, 1809. 1. BE E it enacted by the People of the State of New-York, represented 1 in Senate and Assembly, That it shall be lawful for Elmore Russell, his heirs or assigns, to build and maintain a rolling dam across the Susquehannah-river, near the mill now owned by the said Elmore Russell, in the town of Windsor, in the county of Broome, not exceeding fifteen inches higher than the surface of the water of said river, at the place where the said dam shall be erected at low water, and which dam shall form an angle of not more than twenty degrees. II. And be it further enacted, That the said Elmore Russell, his 2 heirs or assigns, shall if necessary, make and keep in good repair a good, sufficient and convenient lock through his dam, to be erected as aforesaid, for boats to pass up and down the said river; the said lock to be made at such time and in such manner as shall be ordered and directed by the court of common pleas of the county of Broome; and that all boats be permitted to pass up and down said river through said lock free from any costs or charges for the same. III. And be it further enacted, That the said Elmore Russell shall 3 make a good and sufficient sluice-way through said dam thirty feet in width, the bottom whereof shall be as low as the bed of said river; which sluice-way shall be kept open from the first day of April, until the first day of June, in each year; and that if the said Elmore 4 Russell, his heirs or assigns, shall neglect or refuse to comply with any of the provisions of this act, after erecting said dam, he, she or they shall for each and every month he, she or they shall so neglect or refuse, forfeit the sum of twenty-five dollars for such neglect or refusal, and the same to be recovered at the suit of any person who shall prosecute for the same, before any court having cognizance thereof, one half to belong to the overseers of the poor of the town of Windsor, and the other half to the person prosecuting. IV. And be it further enacted, That this act shall be and remain in force during the term of fifteen years and no longer. I. AN ACT to divide the Town of Nevisink, in the County of Ulster. Passed March 29, 1809. B E it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the last day of March next, which will be in the year 1810. all that part of the town of Nevisink, situate, lying and being within the following limits and bounds; beginning on the division of great lot number four and five. and on the division of John R. Livingston, and Robert R. Livingston, in the great or Hardenburgh patent, and running from thence south twenty-three degrees west to the town of Liberty; thence along the northeast bounds thereof to the county of Delaware, and from thence along said county easterly, until it intersects the division line of great lot number five and six, and from thence running southeasterly along said division line, so far that a course of south twenty-three degrees west, will strike the place of beginning, shall be and is hereby erected into a separate town by the name of Rockland; and the first town meeting in said town shall be held at the house of Isaac Worden, in said town, and that all the remaining part of the town of Nevisink, shall be and remain in a separate town by the name of Nevisink, and that the next annual town meeting of the town of Nevisink shall be held at the place to where it now stands adjourned. II. And be it further enacted, That as soon as may be after the first Tuesday of April, in the year 1810, the supervisors and overseers of the poor of the said towns of Rockland and Nevisink, on notice being first given by one of the supervisors of either of the said towns, and for that purpose, shall meet together at the house of William Grant, in the town of Nevisink, and divide the money and the poor belonging to the said town of Nevisink, previous to the passing of this act, agreeable to the last tax list; and that each town shall for ever thereafter respectively maintain their own poor. CHA P. CLVI. CONTENTS. 1. Lot No. i, in Scipio, may be leased, and in what manner. 6. No. 34, in the town of Homer, may be leased, and in what manner. .... 2. Leases by whom to be signed, and rents to whom payable. 4. Monies when recovered how accounted for. 7. Moreau, Gen. and wife, J. G. H. Neuville and others, authorized to hold real estate. 5. Part of former act repealed-with proviso. 3. Suits for rents, in whose name to be brought. AN ACT relative to Lot Number One, in the Town of Scipio, in the County of Cayuga, and for other Purposes. W Passed March 29, 1809. HEREAS it is represented unto us, that the interests of the inhabitants of the town of Scipio, in the county of Cayuga, and the present and future occupants of lot number one, in said town, will be greatly promoted by leasing the said lot on a durable lease, resei ving a certain annual rent therein; Therefore, 1. BE it enacted by the People of the State of New-York, represented 1 in Senate and Assembly, That the supervisor of the said town of Scipio, in conjunction with the commissioners appointed or to be appointed, in pursuance of the act, entitled "an act relative to the lots of land reserved for the support of the gospel and schools, and for the promotion of literature in the military tract, in the county of Onondaga," passed March 23, 1798, shall execute a durable lease or leases, to any person or persons, and to their heirs and assigns for ever, for lot number one, in the town of Scipio aforesaid, in such parcels and such annual rents as they shall deem just and equitable: which leases shall contain such contracts and restrictions as the inhabitants at their annual town meeting shall direct. II. And be it further enacted, That the said leases on behalf of the said town, shall be signed by the said supervisor aud commissioners, and that the same be taken to and all rents therein reserved and made payable to the supervisor of the said town of Scipio, and his successor in office for the time being. III. And be it further enacted, That all suit or suits for the recovery of any rent or rents to become due and payable on the said leases, or for the breach of any covenant or covenants contained therein, shall be brought in the name of the supervisor of the said town of Scipio, for the time being, and prosecuted in his name to judgment and execution; notwithstanding the expiration of his said office, and the monies when so recovered shall be accounted for, paid over and applied in the manner prescribed by the act herein before recited, and the act amending the same, passed April 11, 1808. IV. And be it further enacted, That so much of the act herein before recited, and the act amending the same so far as respects the duration of said leases, when applied to the lot aforesaid, be and is here by repealed. Provided nevertheless, That any lease or leases heretofore executed for said lot, or any part thereof, and now unexpired, shall be and continue in force according to the terms thereof, unless the parties thereto shall voluntarily agree to surrender the same. V. And be it further enacted, That the supervisor of the town of Homer, for the time being, in the county of Cortland, in conjunction with the commissioners appointed or to be appointed, in pursuance of the act aforesaid, shall execute a like lease or leases aforesaid, to any person or persons, and to their heirs and assigns for ever, for lot number thirty-four, in the town of Homer, in such parcels and at such annual rents as the said supervisor and commissioners shall deem just and equitable, which lease or leases shall contain such covenants and restrictions as the inhabitants at their annual town meeting shall direct; and the monies which may be so recovered by the supervisor aforesaid, shall be accounted for, paid over and applied in the same manner as prescribed by the act above recited. 2 3 7 2 3 VI. And be it further enacted, That Jean Victor Marie Moreau, and Alexandrine Louise Eugenie Hulot his wife, Jean Guillaume Hyde De Neuville and Anne Marguerite Josephine Henriette Rouille De Marigny, his wife, all residents of the city of New-York, and also Thomas Hodgkinson of the same city, shall be, and hereby are enabled to take real property in this state, either by descent or purchase, and to hold or dispose of the same in like manner as natural born citizens : Provided always, That nothing herein contained, shall be construed to confer on them any other rights appertaining to natural born citizens, except those of taking, holding and disposing of real property within this state. CHA P. CLVII. CONTENTS. 1, 2. Comptroller, time for his performing certain duties extended. 4. Lands, when to be advertised and sold for the arrears of taxes. 6. 11. .... Improperly described on comptroller's books, his duty in respect to them. Sold for taxes, purchasers thereof in what case liable to be sued. 12. Quit-Rents, statute of limitation as to them, not in force until 1820. 9. Maps and descriptions of certain lands may be required by comptroller from supervisors. To be furnished at the expense of the county. 10. .... 8. Taxes, arrears of, when to be advertised and lands sold. 13. Town officers, to be chosen by ballot. AN ACT to extend and amend the Act, entitled "An Act relative to certain Arrears of Taxes, and also to amend the Laws for the Assessment and Collection of Taxes, and for other Purposes. Passed March 29, 1809. W comptroller of this state, that he was unable to perform the THEREAS it has been represented to the legislature, by the duties required in and by the second and seventh sections of the act hereby extended and amended at the time therein required; Therefore, I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the time for performing the said duties be, and the same is hereby extended to the first day of February next; and that the said comptroller be, and he is hereby directed to calculate and charge the interest mentioned in the said second section, to the said first day of February next. II. And be it further enacted, That after the comptroller shall have made out and transmitted to the county treasurers the transcripts mentioned in the said second section, it shall be the duty of the officers mentioned in the third, fourth, fifth and sixth sections of said act, to do and perform the several and respective duties therein enjoined upon them, in like manner as if the said transcripts had been made out and transmitted to their respective counties within the time prescribed by the said act hereby extended and amended. III. And be it further enacted, That the arrears of taxes mentioned in the said several sections of the said act, hereby extended and amended, which shall not be paid to the collectors, and which are directed by the said sixth section to be returned to the comptroller's office, and which may be so returned, shall be advertised and subject to interest, and the lands charged therewith be liable to be sold for non-payment, at the same times and in the like manner as for the tax of 1810. |