continue and be held until the several Tuesdays next following inclusive (Sunday excepted) any charter law custom or usage to the contrary notwithstanding.

And be it further enacted That instead of the third Tuesday in Id., Albany January in every year, one of the times now prescribed by law for county. holding the court of common pleas and general sessions of the peace in and for the county of Albany, the same shall be held on the third Tuesday in February in each and every year, and may be held and continued until the Tuesday next following inclusive Sunday excepted.

CHAP. 39.

AN ACT supplementary to the act entitled An act to improve the navigation of Hudson's river in the places therein mentioned.

PASSED the 17th of March, 1797.

WHEREAS it appears from the report of William Weston an engineer Preamble. employed by the directors of the Northern In-land Lock Navigation Company in conformity to the act entitled "An act to improve the navigation of Hudson's river in the places therein mentioned," that in his opinion the expence of such efficient improvement below the town of Troy as are contemplated by the said act will exceed the sum of four thousand pounds of which three thousand pounds out of the treasury of this State was to be paid — Provided the residue should be raised by subscription,

And whereas it has been suggested to the legislature that if the said sum of three thousand pounds should be paid to the commissioners named in the first section of the said act a sufficient sum will be raised by subscription to compleat the works in manner proposed by the said engineer.

tion for

of Hudson

Therefore Be it enacted by the People of the State of New York rep- Appropriaresented in Senate and Assembly, That the comptroller shall and he improving is hereby required to direct the payment of seven thousand five hun- navigation dred dollars out of the treasury of this State unto Moses Vail, river. Thomas L. Witbeck and Albert Pawling or their order or to the order of any two of them. Provided that they the said Moses Vail, Thomas L. Witbeck and Albert Pawling or any two of them shall previously have executed a bond to the people of this State and delivered the same to the said comptroller in the penal sum of fifteen thousand dollars conditioned that they the said Moses Vail Thomas L. Witbeck and Albert Pawling or any two of them shall well and truly and on or before the first day of January one thousand seven hundred and ninety nine, construct and compleat the works for such improvements, by a double row of piles driven nine or ten feet below the bed of the river, and the rows of piles parrallel to each other and at the distance of four feet from each other in the clear and the interval between the rows of piles to be four feet and well backed with fascines and rubble stones, string pieces twelve inches wide and six inches thick to be trunnelled on the outside of each row of piles, and those string pieces to be connected together by dove tailed ties, at every twelve feet, in all the extent from the western shore to the island, opposite to the mill of Thomas L. Witbeck.

Preamble.

Appropria-
Nicholas

CHAP. 40.

AN ACT for the relief of Nicholas Aldridge and others.

PASSED the 17th of March, 1797.

WHEREAS it appears to the legislature, that the title to the west half of lot number eighty-one in a tract of land known by the name of Jersey-field, containing five hundred and twenty five acres (which said land was conveyed by the eommissioners of forfeitures of the western district to John Andrus) has been defeated by a conveyance from Waldron Blaaw, the original proprietor thereof, to one Robert Gordon, antecedent to any forfeiture of the same lands being incurred by the said Waldron Blaaw. Therefore

Be it enacted by the People of the Stale of New York, represented in tion to Senate and Assembly, That the treasurer of this State be, and he is Aldridge. hereby required, to pay to Nicholas Aldridge, to whom the said half lot was conveyed by this State the sum of five hundred and twenty five dollars, the consideration money for the said land, together with legal interest upon the same sum from and after the seventeenth day of October, one thousand seven hundred and eighty six, until the passing of this act, upon his the said Nicholas Aldridge, delivering up to the said treasurer the said deed of conveyance from the said commissioners of forfeitures and also the conveyance from the said John Andrus to him, and releasing to the people of this State all interest claim and demand he may have under the conveyances aforesaid.

Isaac

De Graaf.

And whereas it is represented to the legislature by Joseph Caldwell and Thomas Bradshaw, that they are owners of lands in the town of Kingsbury which were forfeited by the attainder of Daniel Jones and sold by the commissioners of forfeitures for the eastern district, and that a demand is made for a ballance of about one hundred and eighty seven and an half dollars, said to be due on a mortgage of the said premises made by the said Daniel Jones in the year one thousand seven hundred and seventy three, to William Thomas and Joshua Smith, late of the city of New York. Therefore

Be it further enacted, That the attorney general be and he is hereby directed to examine the said mortgage, and ascertain what sum, if any is legally due thereon, and certify the same to the comptroller, who shall direct the treasurer to pay the sum so certified on cancelling the said mortgage.

And be it further enacted, That the the treasurer pay unto Isaac De Graaf the sum of one hundred and twelve and an half dollars with the interest at six per cent for the same from the twenty eighth day of August one thousand seven hundred and eighty eight, out of any monies in the treasury not otherwise appropriated, in full for fifty four acres three roods and thirteen perches of land being part of a tract of six hundred and thirty one acres sold by the commissioners of forfeitures for the western district to John Hudson, and conveyed by him to the said Isaac De Graaff, and which was previously sold by the said commissioners to Henry Pruym.

And whereas it is represented to the legislature, that Sir William Johnson Baronet deceased, devised several particular parts of a certain large tract of land called the Royal Grant, to several particular persons, and that some of the parts so devised as well as the residue of

the said tract afterwards became forfeited to and vested in the people of this State. And that the commisssoners of forfeitures for the western district of this State have sold the land so devised, and laid out other lands in another part of the said tract, or in some other tract, for those of the devisees whose estate were not forfeited. And whereas the claims of some of the said devisees their heirs or assigns in some parts of the lands so sold have been extinguished by this State, and their claims to other parts thereof still remain unsatisfied, and some of the purchasers of some of those lands so sold, their heirs and assigns are thereby prevented from improving or disposing of the same. Therefore

be laid out

rights in

Grant.

Be it further enacted, That it shall and may be lawful for the sur- Lands to veyor general and he is hereby directed to cause the land so laid out for certain for the said devisees to be surveyed, and to convey to such of them owners of whose estates have not been forfeited and who are willing to accept the Royal thereof or their legal representatives, and to their heirs and assigns forever the like quantity thereof as they are entitled to of the land so sold, upon their releasing to the purchasers of the lands so sold all their estate right title interest claim and demand of in and to the same. And if any persons so intitled to any part of the land so sold, shall refuse or neglect to accept such conveyance and to execute such release as aforesaid, then and in every such case, it shall and may be lawful for the surveyor general and he is hereby directed to convey to the purchasers of the land so sold and to their heirs and assigns forever, the like quantity of the land so laid out as they respectively purchased of the land so sold, upon his or their delivering up to him the conveyances given by the said commissioners for the same, and releasing all his and their estate right title interest claim and demand therein to the people of this State; and if any of the said land so laid out should remain after making such conveyances as aforesaid, or such as the parties will accept, the surveyor general shall sell the same at vendue for the best price he can get for the same; and it shall be the duty of the surveyor general to report to the legislature at their next session, what he shall have done in the premises.

CHAP. 41.

AN ACT making further provision for building the State prison in the city of New York.

PASSED the 17th of March, 1797.

the pur

lands for

prison in

Be it enacted by the People of the State of New York, represented in AppropriaSenate and Assembly, That it shall and may be lawful fer the com- tion for missioners appointed by law for erecting and building the State prison chase of in the city of New York to purchase one acre of land on the south additional side, and another acre of land on the north side of the land already the State purchased by them for the purpose of erecting and building the State New York prison in the city of New York and adjoining the same land, and to city. take a conveyance or conveyances for the same to the people of the State of New York; and in order to enable them to pay for the said additional land so to be purchased and to compleat the said building so far at least as to be fit fer the reception of prisoners as soon as possible it shall and may be lawful for the treasurer of this State to pay VOL. 4.-7

to the said commissioners or their order, out of any money in the treasury not otherwise appropriated such sums as they shall from time to time require and for which the comptroller of this State shall issue his warrants, not exceeding in the whole, seventy five thousand dollars. And if there should not be money in the treasury sufficient to pay any such warrants, then and in every such case, it shall be lawful for the comptroller from time to time to borrow a sum sufficient for the purpose in the manner directed by the act for appointing a comptroller in this State.

Trustees

of Brooklyn to

CHAP. 42.

AN ACT for the prevention of fires, and regulating the assize of bread in the town of Brooklyn in Kings county and for other purposes therein mentioned.

PASSED the 21st of March, 1797.

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 such and so make regu- many of the freeholders and inhabitants of the town of Broklyn in concerning Kings county, who by the act entitled "An act for the bettter extinchimneys, guishing fires in the town of Brooklyn in Kings county" are author

lations

etc.

Sale of bread regulated.

Albany

city, roads in.

ised, to choose the firemen of Brooklyn, at their annual meetings mentioned in the said act to choose in like manner as their said firemen are chosen, not less than three nor more than five discreet freeholders residing within the limits mentioned in the said act, who may from time to time make such prudential rules and regulations as they shall judge necessary for the prevention of fires by the burning of chimnies, and for the sweeping or otherwise cleaning of the same, under such penalties as they or a majority of them shall deem expedient, not exceeding the sum of five dollars for any one offence to be recovered before any court having cognizance of the same, with costs of suit, in an action of debt, by any one of the freeholders so to be chosen as aforesaid, which sum when recoved shall be applied by the said freeholders so chosen as aforesaid for the defraying of the expence of providing lamps, for lighting the streets in the said town. Provided always, that such rules and regulations so to be made as aforesaid by the said freeholders shall be recorded by the clerk in the act mentioned, and advertised by the said freeholders in at least three public places within the limits in the aforesaid act mentioned, eight days before any person shall be liable to such penalties.

And be it further enacted, That no baker or other person within the limits mentioned in the said act, shall after the second Tuesday in May next, sell any bread at any higher price or rate, than bread of the like quality, at the time of such sale, shall be assized in and for the city of New York by the corporation of the said city, under the penalty of one dollar for every offence, to be recovered by the overseers of the poor of the said town of Brooklyn, in any court having cognizance of the same, in an action of debt, with costs of suits for the use of the poor of the said town.

And be it further enacted, That nothing contained in any law of this State now in being, or that shall or may be passed during the present session, relative to roads or highways, shall be construed to make void, abridge, or in any wise lessen the rights and privileges granted to the city of Albany by charter.

CHAP. 43.

AN ACT to regulate highways.

PASSED the 21st of March, 1797.

tendents

appointed

various

Be it enacted by the People of State of New York, represented in SuperinSenate and Assembly, That the person administering the government of highof this State for the time being, by and with the advice and consent ways to be of the council of appointment, shall as soon as may be after after the for the passing of this act, and once in every three years hereafter, appoint counties. in each and every county in this State, the city and county of New York, the county of Suffolk, Queens, & Kings excepted, three superintendants of highways; who shall hold their office for three years, unless sooner displaced by the said council, or until others are appointed in their room; that all vacancies which shall happen by death, resignation, removal from the county, or refusal to serve, shall be supplied by the person administering the government of this State, by and with the advice and consent of the council of appointment; and that a majority of superintendants in each of the said counties shall form a board, for the purposes hereinafter mentioned.—

superin

And be it further enacted, That it shall be the duty of the several Duty of boards of superintendants, to give directions relative to the making tendents. and repairing of the roads and bridges within the county for which they are respectively appointed; to apportion all monies granted for that purpose by the legislature, among the commissioners of the respective towns, in such proportion as they shall judge most conducive to the public good; to direct how any monies arising from the fines and commutations hereinfter mentioned, and which may be in the hands of the commissioners of any town, beyond what is requisite for the highways committed to the care of such commissioners, shall be expended on the highways within the county; to hear and finally decide on all appeals from the decision of the commissioners, to decide on all cases submitted to them by the commissioners, and in general to establish rules and directions for the more effectual carrying of the duties enjoined by this act into effect, with order, œconomy and dispatch.

sioners in towns.

And be it further enacted That the inhabitants in each of the Commistowns in the,counties aforesaid, shall, at their annual town-meetings, choose three commissioners of highways, each of whom shall be a freeholder and an inhabitant of the said town, that it shall be the duty of the said comissioners to carry into effect all such orders as shall be given by she superintendants of the respective counties to which they belong; to report to the superintendants the difficulties which may occur in executing the trust hereby reposed in them, and to receive their directions in the premises, to regulate the roads already laid out, and to alter such as they or a majority of them shall conceive inconvenient; subject nevertheless to an appeal to the superintendants of the county by any person who shall conceive himself aggrieved by such determination, whose decision in the premises shall be conclusive; to cause such of the roads as are not already described and recorded to be ascertained described and entered of record in the town clerks office; to cause to be kept in repair the highways and bridges erected, or which may be erected over streams intersecting highways; to require the overseers from time to time, and as often as they shall