for the purchase of a convenient lot, if such purchase shall be necessary, and for erecting of such building as aforesaid.

office to be

building.

And be it further enacted That as soon as the said commissioners or Secretary's a majority of them, shall certify under their hands to the person ad- removed ministring the government of this State for the time being that the to new building so to be erected as aforesaid, is compleated, and fit for the reception of the records, books, papers and other things attached to, or in any wise relating or belonging to the offices afore said, the person so administring the government of this State, shall forthwith. require and direct the secretary to remove as soon may be, the records, books, papers, and other things belonging or appertaining to his office, to the building so to be erected. And the said secretary is hereby authorized and required to remove and deposit the same accordingly; and the said office from and after the removal aforesaid shall be kept and held in the building aforesaid, any law to the contrary thereof notwithstanding.

treasurer

And be it further enacted That from and after the first day of No- Office of vember next, the office of the treasurer of this State, and the office of and compthe comptroller thereof shall be holden and kept and remain within troller. the city of Albany or in that part of the town of Watervliet laying between the north bounds of the said city, and the creek commonly called the fifth creek, and not more than one mile from Hudsons river.

missioners.

And be it further enacted That the said commissioners shall lay* lay Accountbefore the legislature at their next annual meeting, an account of all som their expenditures by them made, and of all their proceedings by virtue of this act.

supreme

Albany.

And be it further enacted That the justices of the supreme court of Clerks of this State shall as soon as may be after the passing of this act, appoint court with another clerk of the said court, which clerk shall have like powers, be office at subjeet to like duties, and be entitled to like fees for services by him performed, as the present clerk of said court; and that one of the clerks of the said court, shall keep his office in the city of New York, and shall attend the said court and officiate as clerk thereof, when the same court shall sit in the city of New York, and the other of the said clerks shall keep his office in the city of Albany until the building aforesaid shall be erected, and shall thereafter keep his office in the said building, and shall attend the said court and officiate as clerk thereof, when the said court shall sit in the county of Albany; and that it shall be lawful for the justices of the same court from time to time to direct such records and papers as they shall think proper to be removed from the clerks office in the city of New York and deposited in the said building so to be erected under the care of the clerk who shall hold his office therein. Provided always, that it shall be optional with the present clerk of the same court either to continue in the office to be kept in the city of New York or to take the office intended to be kept in the said building, at his election; and if he shall not make such election on or before the first Saturday in April term next, then the clerk to be appointed by virtue of this act, shall keep his office in the city or county of Albany in manner aforesaid.

clerk at

And be it further enacted, That it shall and may be lawful to and Seal for for the justices of the supreme court, and they are hereby authorized Albany. and required forthwith to cause an additional seal to be made for the said court, as nearly similar as may be to the present seal of the said

*So in the original.

Meetings of legislature.

Act recited

court and to deposit the same with the clerk to be appointed, as directed by this act, and all writs, processes and other proceedings issued under such seal to be made shall be equally valid and effectual, as if the same had issued under the present seal of the said supreme court. And be it further enacted That in case the person administring the government of this State for the time being shall not on or after the first Monday of July, and before the first Tusday in January in any year, convene the legislature by proclamation, then the legislature shall meet on the said first Tuesday in January, without any summons or notification whatsoever, at such place as the senate and assembly at their meeting next preceding the said first Tuesday in January shall have adjourned to, and in case there shall have been no such adjournment, or the senate and assembly shall not have adjourned to a place certain, then they sha 1 convene on the first Tuesday in January then next at the city of Albany.

And be it further enacted That the act entitled "An act to regulate repealed. the future meetings of the legislature, be and the same is hereby repealed.

Court of probates.

Records of supreme court.

Majority of commissioners

And be it further enacted That from and after the first day of June one thousand seven hundred and ninety eight, the court of probates of the people of this State shall be holden kept and remain within the city or county of Albany and the judge and clerk of the said court shall on or before the said first day of June, remove and safely convey to the said city or county of Albany, all the papers, books, minutes records and documents belonging or in any wise appertaining to the said court of probates. And that from and after the said first day of June. the said judge of the said court of probates, and the said clerk of the said court, shall reside within the city or county of Albany.

And be it further enacted That until another clerk of the supreme court shall be appointed in conformity to the provisions in this act contained, all papers, notices, pleadings, process, rules, judgments, records, and all manner of proceedings whatsoever relative to any suit, action or prosecution, which have been, or is in the supreme court now depending, or which shall or may be had or prosecuted therein, may respectively be filed and entered in the office of the deputy clerk of the supreme court in the city of Albany aforesaid, with like benefit and advantages to suitors, as if the same were or should be filed and entered in the office of the clerk of the supreme court.

And be it further enacted That the powers vested in the commissioners appointed by this act, shall and may be executed by the mamay act. jority of them, or the majority of the survivors of them.

Town of
Steuben.

CHAP. 32.

AN ACT to divide Steuben, in the county of Herkimer into three

towns.

PASSED the 10th of March, 1797.

Be it enacted by the People of the State of New York represented in Senate and Assembly, That from and after the first day of April next, all that part of the town of Steuben in the county of Herkimer which is contained within the limits and bounds following vizt: Beginning at the southwest corner of lot twenty seven in Fonda's pur

chase joining the town of Floyd, thence running northerly along the westerly line of said lot, and continued in that direction, to the north side of a tract of land belonging to John Lansing, thence easterly along the northerly line of said Lansings land and continued in that direction to the east line of Steuben, thence southerly on the line of said Steuben to the north east corner of the town of Floyd, thence westerly on the line of said town to the place of beginning shall be and is hereby erected into a town to remain by the name of Steuben. And be it further enacted That all that part of the said former Western. town of Steuben contained within the following towns vizt: Beginning at the south west corner of Steuben as in the above section de scribed, thence running northerly on the west line of said described town to the northwest corner thereof, thence westerly along the northerly line of said Lansings land, and continued in the same direction, until it strikes Fish creek, thence down said creek, until it would intersect the division line of Rome and Steuben if extended in a direct westerly course, thence easterly along said line to the place of beginning, shall be and is hereby erected into a seperate town by the name of Western.

And be it further enacted That all the remaining part of the said Leyden. former town of Steuben be and is hereby erected into a seperate town by the name of Leyden.

meetings.

And be it further enacted That the first town-meeting in each of Town the said towns respectively, shall be held as follows, vizt: In the town of Steuben at the dwelling house of the late Baron Steuben deceased; in the town of Western at the dwelling house of Ezek Sheldon; in the town of Leyden at the dwelling house of Andrew Edmunds.

officers.

And be it further enacted That the freeholders and inhabitants of Town the said towns respectively be and hereby are impowered to hold townmeetings, and elect town officers and enjoy all the privileges, which the freeholders and inhabitants of the other towns within this State may do by law.

the poor.

And be it further enacted That as soon as may be after the first day Division of of April next, the supervisors and overseers of the poor of the towns of Steuben, Western and Leyden shall by notice to be given for that purpose by the supervisors thereof, meet together and apportion the poor maintained previous to the division thereof, between the said towns, and divide any unexpended money raised in the former town of Steuben for the support of the poor, and shall make such division on principles of equity: And if the supervisors and overseers of the poor of the towns aforesaid cannot agree on such division, then and in such case the supervisors of the county of Herkimer shall at their next annual meeting, make the apportionment and division, in such manner as shall appear to them just and equitable; and the said towns shall thereafter respectively maintain their own poor.

CHAP. 33.

AN ACT to erect part of the counties of Ulster and Otsego into a seperate county.

PASSED the 10th of March, 1797.

Be it enacted by the People of the State of New York, represented in County of Senate and Assembly, That all that part of the counties of Ulster and Delaware Otsego beginning on the east bank of the Delaware river, at the most

erected.

Courts in Delaware county.

Where courts held.

Powers of freeholders

southerly corner of lot number twenty eight in the subdivision of great lot number two in the Hardenbergh patent, then north sixty two degrees east to the southwesterly bounds of great lot number eight in the said patent, then along the bounds of said lot number eight northwesterly to the south west corner of lot number twenty in the subdivision of the said great lot number eight in the said patent, then northeasterly along the division line between lots number nineteen and said lot number twenty, and that line continued to the southerly bounds of the county of Albany, then along the same, and along the southerly bounds of the county of Schohary to the Lake Otsiantho, then along the north bounds of a tract of land granted to John Harper and others to the northwest corner thereof, and the same line continued to the Adequitangie or Charlotte river, then down the waters thereof to the Susquehannah river, then down the waters thereof to the line of property, then southerly along the said line of property to the Delaware river, then down the waters thereof to the place of beginning shall be a seperate and distinct county, by the name of Delaware.

And be it further enacted That there shall be held in and for the said county of Delaware, a court of common pleas, and a court of general sessions of the peace, and there shall be in the said county of Delaware, two terms of the court of common pleas, and two terms of the court of general sessions of the peace in every year to commence and end on the days following vizt., the first term of the court of common pleas and general sessions of the peace to commence on the first Tuesday in October next ensuing the passing of this act, and to end on the Saturday following; the second term of the court of common pleas and general sessions of the peace to commence on the last Tuesday in February following and end on the Saturday following; provided that in any of the terms aforesaid, the court may adjourn previous to the day assigned for its termination, if the business of the court will admit; and the said courts of common pleas and general sessions of the peace to be holden in said county, shall have the same jurisdiction, power and authority in the said county, as the courts of common pleas and general sessions of the peace in the other counties of this State have in their respective counties: Provided also that nothing in this act contained shall be construed to effect any suits or actions already commenced or that shall be commenced before the first Tuesday of October next, so as to work a wrong or prejudice to any of the parties therein, or to effect any criminal or other proceedings on the part of the people of this State, but all such civil and criminal proceedings shall and may be prosecuted to trial, judgment and execution, as if this act had not been passed.

And be it further enacted That until further legislative provision be made in the premises, the said courts of common pleas and general sessions of the peace in the said county shall be held at the house of Gideon Frisbie in the town of Kortright in said county

And be it further enacted That the freeholders and other inhabitof county. ants of the said county hereby erected, shall have and enjoy all and every the same rights, privileges and powers as the freeholders and inhabitants of any other county in this State are by law entitled to have and enjoy.

Where prisoner confined.

And be it further enacted That it shall and may be lawful for all courts and officers of the said county of Delaware, in all cases civil and criminal to confine their prisoners in the goal of the county of Ulster, until a goal be erected in the said county of Delaware.

court

And be it further enacted That it shall and may be lawful for the When freeholders and inhabitants of the said county of Delaware to build house and and erect a court house and goal in the said county of Delaware, at jail to be such place as the judges and justices to be appointed in the said county, and the supervisors of the towns therein, or a majority of the said judges, justices and supervisors may direct: Provided said court house and goal shall not be erected at a greater distance than two miles from the mouth of the Little Delaware.

And be it further enacted That it shall not be the duty of the jus- Circuit tices of the supreme court once in every year to hold a circuit court court. in the said county of Delaware unless in their judgment they shall deem it proper, and necessary, any law to the contrary notwithstanding.

And be it further enacted That the said county of Delaware shall in middle be a part of the middle district of this State.

district

men.

And be it further enacted That from and after the passing of this Assemblyact, it shall and may be lawful for the county of Ulster to choose seven members of assembly, the county of Otsego four members and the county of Delaware two members and no more, any law to the contrary thereof notwithstanding.

And be it further enacted That all that part of the town of Col- Towns. chester situate on the easterly and southerly side of the easterly line of the said county of Delaware shall be annexed to, and be a part of the town of Rochester; and all the remaining part of said town shall be and remain a seperate town by the name of Colchester; and all that part of the town of Middletown situate on the easterly side of the line of said county of Delaware shall be annexed to, and be a part of the town of Woodstock; and all the remaining part of the said town shall be and remain a seperate town by the name of Middletown. And all that part of the town of Woodstock lying within the said county of Delaware shall be annexed to, and be a part of the town of Stamford.

And be it further enacted That all losses which may arise from de- Losses on ficiences on loans by the loan officers made on lands mortgaged, and loans. which are situated in the said county of Delaware shall be borne and paid in manner following that is to say, such deficiency as shall arise from lands mortgaged while part of the county of Otsego, shall be borne by the inhabitants residing in that part of the county of Delaware taken from the county of Otsego; and the like rule shall prevail as to any deficiency which may arise on loans made by the loan officers of the county of Ulster; and for that purpose, the said loan officers shall certify the amount of such deficiencies to the supervisors of the county of Delaware, who shall thereupon assess, levy, and collect the same upon the principles aforesaid, and pay the same over to the loan officers of the said counties respectively in which such deficiencies shall arise.—

Orange and

certain

And be it further enacted, That the said county of Delaware shall Joined be annexed to and become part of the district now composed of the with counties of Orange, and Ulster, as it respects all proceedings under the Ulster for act entitled "An act making provision for the more due and con- purposes. venient conducting public prosecutions at the courts of oyer and terminer goal delivery and general sessions of the peace."

VOL. 4.-6