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cy," are hereby vested in, and extended to the recorder of the city of Albany, as a commissioner, ex officio; and also, to the recorder of 2 the city of Hudson, as a commissioner, ex officio, who shall be respectively entitled to the same fees for services rendered in that capacity, as are by law allowed to the recorder of the city of New-York.

II. And be it further enacted, That in case of the absence from 3 the city of Albany, at any time, of the clerk of the supreme court, holding his office therein, costs and judgment rolls in the supreme court may be taxed and signed by the recorder of the said city for the time being, during such absence; and that he may receive the fees now allowed by law to the said clerk for such services; and in case of 4 the absence from the said city, at any time, of the recorder of the said city, the duties and services he is authorized and required to execute, as a commissioner, by the first section of this act, may be done and executed by the clerk of the supreme court, holding his office in the said city, during such absence, and that the said clerk may receive the like fees allowed by law to the said commissioner, for any service done by him by virtue of this act.

III. And be it further enacted, That the clerk of the supreme 5 court residing in the city of New-York, is hereby authorized and required, during the absence at any time from the said city, of the recorder of the said city, to perform all the duties and exercise all the powers which the said recorder, as a commissioner, ex officio, is empowered to do by the statutes mentioned in the first section of this act, and to receive the fees allowed by law to the said recorder.

I.

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1. Fairs, in Dutchefs county, femi-annually to be held.

5. Clerk of, by whom appointed-6. His duty and powers.

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Superintendents of by whom appointed-3. Their duty-4. Authorized to make rules for the well ordering said fairs.

AN ACT for establishing Fairs in the County of Dutchess.

BE

Passed April 11, 1808.

E it enacted by the People of the State of New-York, represented 1 in Senate and Assembly, That there shall be held and kept in the county of Dutchess, semi-annual fairs, which it shall be lawful for all persons to resort to for the purchase and sale of live stock, agricultural produce, farming utensils, and all articles manufactured in the United States of America.

II. And be it further enacted, That the first judge of the court of 2 common pleas in the said county, for the time being, shall, on the first day of the court, held in the month of March, in every year, appoint five such persons as he shall think proper, one of whom shall be a justice of the peace of said county, and the other four members of the society for the promotion of agriculture in the county of Dutchess, whose duty it shall be to appoint and give public notice of the time 3 and place of holding the said fairs, and also to limit the terms of their continuance.

III. And be it further enacted, That such five persons, so appoint- 4 ed as aforesaid, shall have power, and they are hereby authorized,

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from time to time, during the period of their appointment, to make and establish such prudential rules and regulations as such persons so appointed, or a majority of them, shall judge necessary and convenient for the well ordering the said fairs.

IV. And be it further enacted, That the person or persons, so to be appointed as aforesaid, shall appoint a proper person as clerk of the said fair; and it shall be the duty of the said clerk, to register all sales made at the same, in a book to be kept for that purpose, and to take as toll, one per cent on the proceeds of all sales which take place at the said fair, one half of the said toll to be paid by the buyer and one half by the seller; out of which toll, so to be collected as aforesaid, it shall be the duty of the said clerk to pay in the first place all the expenses attending the holding the said fair, and to pay the residue thereof to the treasurer of the society for the promotion of agriculture in the said county, to be applied as aforesaid.

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1. Northern miffionary fociety may leafe a ceritan lot of land in Oneida.

2. District attorney of Washington county, to act as attorney for St. Regis Indians.

AN ACT relative to the Lot of Land appropriated for the Use of the
Missionary to the Oneida Tribe of Indians, and for other Purposes.
Passed April 11, 1808.

1 I.

2

BE it enacted by the People of the State of New York, wehresented

in Senate and Assembly, That it shall and may be lawful for the northern missionary society of this state, to lease a lot of land, containing three hundred and twenty acres in the late Oneida reservation, now in the town of Westmoreland, in the county of Oneida, and which by an act for the speedy sale of the unappropriated lands within this state, and for other purposes therein mentioned, passed the 5th May, 1786, was appropriated to the use of Samuel Kirkland, missionary to the Oneida tribe of Indians, during his natural life, to the several possessors thereof, according to the extent of their several possessions, on such rent, not exceeding twenty-five dollars for each hundred acres, not exceeding ten years, as they in their discretion shall think proper, and to apply such rents to the promotion of morality and religion amongst the said Oneida Indians.

II. And be it further enacted, That it shall be the duty of the district attorney, residing in the county of Washington, to advise and direct the St. Regis Indians, residing at St. Regis, in the controversies among themselves, and with any other person, and defend all actions brought against any of them by any white person, and commence and prosecute all such actions for them, or any of them, as he may find proper and necessary.

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5. Dart, Juftus, and others, benefits of an act for their relief limited.

4. Indians, two, to whom a grant of land was made, debarred of for non-payment.

7. Lots of land, directed to be laid out by a certain act, duty of furv. gen. refpecting.

2, 3. Rotfkin, Martenus, lands fold to him, how to be difpofed of, if he neglects to pay.

6. Surveys, expenfe of certain furveys, how defrayed.

2. Sterling, two lots of land in, to be appropriated for fupport of the gospel, &c.

AN ACT for the Direction of the Commissioners of the Land-Office in certain Cases, and for other Purposes.

1.B

Passed April 11, 1808.

E it enacted by the People of the State of New-York, represented 1 in Senate and Assembly, That it shall be the duty of the supervisors of the county of Seneca at their next annual meeting, to designate one of the reserved lots in the township of Sterling, to be appropriated to the support of the gospel and schools, and one other of the said reserved lots to be appropriated for the promotion of literature, and as soon as may be thereafter file a certificate of such designation, under their proper signatures, in each of the offices of the clerk of said county of Seneca, the surveyor-general and the secretary of this state; and the lots so designated to be appropriated for the support of the gospel and schools and for the promotion of literature, are hereby declared to be so appropriated.

II. And whereas Martenus Rotskin, Hanyost Decanonsongatha and 2 Isaac Shorewaskin, have not availed themselves of the provisions nor complied with the conditions of the act, entitled "an act for the sale of the unappropriated lands, and for other purposes," passed the 6th April, 1803; Be it further enacted, That if the said Martenus shall 3 not on or before the first day of February next, secure in the manner prescribed by the said act, the consideration money due on the land for which he was entitled by virtue of the said act to receive a conveyance, then it shall be lawful for the commissioners of the land-office to direct the sale of said land, in the manner in which the unappropriated lands of this state are directed to be sold by any laws of this state; and in that case the treasurer, on the warrant of the comptroller, shall pay to the said Martenus the money which he may have paid on account of said land, together with lawful interest on the same; and the said Hanyost Decanonsongatha and Isaac Shorewaskin, not having paid any of the consideration money required by said act, for the land thereby authorized to be granted to them, they are hereby declared to be debarred of the provisions of said act.

III. And be it further enacted, That such of the several persons named in the act, entitled "an act for the relief of Justus Dart and others," passed the 27th March, 1807, as shall not on or before the first day of September next, have availed themselves of the provisions of the said act, shall thenceforth be debarred of the same.

IV. And be it further enacted, That the expense of performing the surveys directed to be made by the act, entitled "an act for the relief of the inhabitants of the twenty townships, in the county of Chenango," passed the 10th April, 1805, shall be defrayed and paid in the manner authorized by law for defraying and paying the expenses of surveys of the unappropriated lands, ordered by the commissioners of the land-office, by virtue of any laws of this state.

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V. And be it further enacted, That the surveyor-general is hereby 7 directed to lay out the forty lots, directed to be laid out by the act above referred to, in the tract of land lately purchased of the Oneida Indians, south of and adjoining the Oneida-lake, or on such lots in the military tract as now are the property of the people of this state.

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CHA P. CCXL.

CONTENTS.

48. Academy of arts, a room in the government house in New-York, to be reserved for. 45. Appropriations by the legislature, comptroller authorized to borrow money to fatisfy 37. Attorney-general, exchequer to allow him compenfation for certain duties.

34. Artillery, fines in, how difpofed of.

27, 28. Auctioneer's in Albany and New-York, section of a certain act relating to, declared to be in force.

31. Begley, Michael, his heirs, discharged from the covenants in certain mortgages.

23. Benfon, Egbert, his compenfation, as counfel for certain commiffioners.

49 Broome county, inspectors of election in, to make returns to the clerk of.

3. Chaplains of the legiflature, their compenfation.

9. Clerks of fenate and affembly, allowance for making indexes.

22. Commiffioners for fettling disputes with New-Jersey, their compensation. 47......... To inquire into grievances of Montauk Inds. monies to be paid them. 12. Comptroller, allowance for postage-30. His falary.

5. Council of appointment, compensation for attendance during recess of legislature. 24. Debtors to the ftate for lands, not to be profecuted before 4th July, 1809. 4. Door-keeper of councils of appointment and revifion, his compenfation.

50. Franklin county, proceedings of com. pleas for what caufe not to be invalidated. 46. Frontiers, monies to be advanced to governor pursuant to act for the defence of. 15. Furman, John, treasurer to pay him 100 dols.

14. Genelee county, comptroller to receive returns of taxes for certain towns in. 11. Governor, 750 dols. to be paid him for incidental charges.

18.

........

7.

Houfe, lately occupied by, treasurer to pay the rent of. Now occupied by, treasurer authorized to pay, rent of. 39. Hall, Amos, allowed certain compenfation.

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32. Hill, Charles, treasurer to pay him a certain fum.

20. Jenkins, Elisha, to be paid expense incurred by him in procuring return of ceníus

from certain counties.

8. Legislature, members and officers of, their compenfation.

17. Loan-officers, not to be fupervisors after the firft Tuesday in April, 1809.

36. Lottery managers, governor authorized to fill vacancies in.

35. Marrell, Philip, furveyor-general to fell him lot No. 6, in Oneida reservation.

21. M'Naire, Math, surveyor-general authorized to leafe to him lands at Oswego.

33. Militia, their company parades.

19. Military catechifm, monies to be paid Jofeph Lord for 10,000 copies.

44. Orphan afylum fociety, monies to be raifed by lottery for."

2. Printer to the ftate, fuch monies to be paid him, as fhall be certified by comptroller.

6. Private secretary of the governor, additional allowance.

25. Public building in Albany, monies appropriated for repairing-26. And for fafekeeping books, &c. in.

13. Seal, additional, for fupreme court, expenfe of, treasurer to pay.

40. Seaman, Richard, treasurer to pay to him 325 dols,

10. State-prison, 30,000 dols. appropriated for fupport of.

41.

42.

...

•Guard, drummer and fifer of, their pay augmented.

Restriction as to age not to apply to the captain of

16. Supervifors and their clerks, prohibited from being county treasurers.

1. Surveyor-general, his falary-29. To be paid certain fums to enable him to perform

certain duties.

38. Swaney, John, arrears of monies due him to be paid treasurer of Albany county. 43. Wendover, Peter H. comptroller to audit his account.

51. Western district, feat of one of its fenators to belong to the 3d class.

Ax ACT for the Payment of certain Officers of Government, and for other Purposes.

I.

Passed April 11, 1808.

BE it enacted by the People of the State of New-York, represented

in Senate and Assembly, That the treasurer of this state shall pay, on the warrant of the comptroller, to Simeon De Witt, surveyorgeneral of this state, the sum of one thousand seven hundred and fifty dollars for his services in his said office, from the first day of July last to the first day of July next; Provided, That the said Simeon De Witt

shall account with the comptroller of this state, and pay into the treasury, all the fees he may have received or shall receive by virtue of his said office, during the time aforesaid.

II. And be it further enacted, That the treasurer shall pay on the 2 warrant of the comptroller, to John Barber, printer to the state, such sums of money as shall be certified by the comptroller, to be due to him for printing the laws and journals of the present session of the legislature, and such other printing as has been or may be done by him for the state.

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III. And be it further enacted, That the treasurer shall pay, on the 3 warrant of the comptroller, to such of the clergy as shall have attended the legislature as chaplains, the sum of two dollars and fifty cents, for every day they have so attended, which sums shall be certified by the president of the senate, or the speaker of the house of assembly. IV. And be it further enacted, That the treasurer, on the warrant of 4 the comptroller, shall pay to the messenger and door-keeper of the council of revision and council of appointment, the like compensation, per day as is allowed to the door-keeper of the senate and assembly.

V. And be it further enacted, That the members of the council of 5 appointment, shall, for their attendance during the recess of the legisJature, be entitled to receive the same allowance per day, and for travelling, as is allowed to the members of the legislature.

VI. And be it further enacted, That the treasurer shall, on the warrant of the comptroller, pay to the private secretary of the person administering the government of this state, the sum of three hundred and twelve dollars and fifty cents, in addition to the sum allowed by the act, entitled "an act for the support of government," for his services from the first day of July last, to the first day of July next.

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VII. And be it further enacted, That the treasurer shall pay, on the 7 warrant of the comptroller, the amount of the rent stipulated to be paid for the house occupied by his excellency the governor for the current year and the taxes.

VIII. And be it further enacted, That the treasurer shall pay on the 8 warrant of the comptroller, to the president of the senate and the speaker of the house of assembly, the sum of two dollars and twentyfive cents per day, for each day's attendance in their respective stations; to each member of the senate and assembly, the sum of one dollar and fifty cents per day, for each day's travel and attendance in the legislature; to the sergeant at arms and door-keepers of the senate and assembly, the sum of one dollar and fifty cents per day, for each day's attendance, in addition to the compensation allowed them respectively in and by the act, entitled " an act for the support of government," and to the clerks of the senate and assembly, the same compensation per day, as was allowed them the last session, together with the same addition to the clerk of the assembly for an assistant clerk, and two dollars per day to the clerk of the senate for an assistant clerk.

IX. And be it further enacted, That the treasurer shall on the warrant of the comptroller, pay to Daniel Rodman, clerk of the assembly, fifty dollars for making an index to the journals of the assembly of the present session, and to Sebastian Visscher, clerk of the senate, thirty dollars, for making an index to the journals of the senate of the session. present

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