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common gaol of the same county, without bail or mainprise, there to remain until the deficiency shall be paid ; and every sheriff to whom any such warrant shall be directed and delivered, shall iminediately cause the fáme to be executed, and shall, within thirty days after receiving fuch warrant, make return thereof to the treasurer of the same county, and pay to him the monies levied by virtue thereof, deducting for his fees fix-pence in the pound

upon the sum so levied, and no more. But in all cases Where no goods can where no goods or chattels can be found whereon to levy levy, collector not to the tax imposed upon any person mentioned in any fuch te clarged with fuch deficiency.

tax lift or affefsment, or not sufficient to pay the whole, the

collector shall not be charged with more than he shall or Collector to deliver might have levied or received. And every collector is here. deliciency w county by directed and required to deliver a true account, upon treasurer,

oath, of all such deficiencies to the county treasurer, at the

time he is or shall be directed to make such payment to such And to be account. county treasurer ; and if any collector shall 'neglect or reable for the whole in fuse to deliver fuch account, luch collector shall be accounttase of negle&t.

able for the whole suin by him to be collected; and the county treasurer shall deliver all such accounts of deficiencies to the supervifors of the same county, at their next meeting, after he shall have received the same; and each collector shall have and retain for his service out of the monies by him colle&ted, one shilling for every twenty shillings he shall collect, and no more.

IV. And be it further enaded by the authority aforesaid, That it shall and may be lawful for the supervisors of each county respectively, to appoint some suitable and proper person to be their clerk, who shall be called the clerk of the supervisors of the county for which he shall be apprinted, and Thall hold his office during the pleasure of the supervisors of the same county, and shall have such allowance for his services, as the supervisors of the same county shall, from time to time, think proper to appoint and allow; and fuch allowance, and the necessary charges of the supervisors at their respective meetings, shall be considered, raised and levied as part of the public and neceflary contingent charge of the same county.

V. And be it further enated by the authurity aforesaid, That the supervifors of each county respectively, shall be, and hereby aré authorised and required to appoint fome reputable freeholder of the fame county, to be treasurer of the same county, who shall hold his office during the pleasure of the supervisors of the same county, and shall receive all such monies as shall be raised in the fame county, for defraying the public and necessary charge of the fame county, or for the use and service of the government of this state. And all such monies as shall come into his hands for defraying the public and neceffary charges of the faine county, shall be applied and paid by him to such persóns, and in such manner as the supervisors of the same county for the time being, shall, by order entered in their books, or by warrant or warrants under their hands and seals, from time to time direct; and all such monies as shall come into his hands for the use or service of the governinent of this state, shall be paid by him to the treasurer of this state for the time being, at such times as shall be directed by the laws, by virtue whereof the same monies shall be raised or come into the hands of such county treasurer. And the treasurer of each county shall keep juft, true and distinct accounts of the receipts, disbursements and payments of all monies which shall come into his hands, as treasurer of the county, and enter the Vol. H.

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fame in a book or books to be kept for that purpose, and once in every year, at the annual meeting of the fupervisors of the same county, or at fucía other time as they small direct, shall bring in and exhibit all such books and accounts, and all the vouchers relating to the same, to them, for their examination and audit thereof: And the treasurer of each county, and the executors and administrators of such treasurer, shall be, and hereby is and are made liable to an action of account to the supervisors of the same county, for all monies which shall come into his hands as treasurer of the fame county; and every such treasurer, and his executors and administrators, shall and may plead and discharge himnself and themselves, in such manner as other receivers or bailids may, can or ought to do by law. And the supervisors of each county for the time being, Ihall be, and hereby are empowered to sue, prosecute and maintain such actions of account for the use of their county, in the name of the supervisors of the fame county. And further, That each county treasurer shall have and retain for his services, three-pence for every twenty laillings which he fhall receive and pay, to wit: One-penny half-penny for receiving, and one-penny half-penny for paying.

Vi. And be it further enaĉicd by the authority aforesaid, That every county treasurer in each respective county, as soon after he shall be appointed as conveniently may be, and before he enter upon the business of his office, shall enter into a bond or obligation, with fuficient security, to the fupervifors of the county of which he is appointed treasurer, in such sum as the fupervisors of the fane county for the time being, shall think proper and dire&t; with condition, well and faithfully to execute the office of treasurer of the same county, and to pay all such monies as shall come to his hands as treasurer of the same county, according to law; and to render a juft and true account thereof to the supervisors of the same county, when thereunto required. And if any treafurer of any county shall not comply with the condition of such bond or obligation, it shall and may be lawful for the fupervisors of the fame coumty for the time being, to commence and prosecute an action or actions of debt on such bond, in any court of record, in the name of the supervisors of such county, against the obligors in the same bond, or either of them, or the heirs, executors or administrators of all, or any or either of them. And all monies recovered upon any such bond or obligation, shall be applied towards defraying the public and neceffary charge of the same county, in fuch manner as the supervisors of the fame county for the time being, fhall direct.

VII. And be it further enaded by the authoriy aforesaid, Supervisors yearly, That the supervisors of each county refpectively, ihall, the fum to be raised, yearly and every year, before they ascertain the amount of Beinain unpaid of tax- the taxes to be raised in the same county in that year, carees before afletled. fully examine what sums remain unpaid of taxes before laid or assessed ; and where they find any fum or sums of money on any such tax uncollected, and that the person or perfons estate or eftates charged with the same, is or are sufficient to pay the saine, they shall issue their warrant of warrants under their hands and seals, to the collectors of the respective cities and towns for the time being, where fuch fums remain unpaid, for the collection thereof: And every collector to whom any such warrant shall be direted, is hereby authoried and required to levy and collect all such sums in such warrant specified, in the same manner, and under the same penalties as he is or mall be authorised and required to levy and collect the taxes for the public and necessary charge of the fame county; and fhall pay the fame

to the treasurer of the same county, at such time as shall be specified in the fame warrant. And if any collector shall neglect his duty herein, he snail be chargeable with the amount of the monies directed to be levied and colleeted : And where the said supervisors shall find that any deficiency of any of the said taxes has happened in any city, town or place, by the infolvency, or the want of goods and chattels whereon to levy the said tax, of any person or persons upon whom the fame was charged, or by the infolvency of the collector, or otherwise, they shall add such deficiency to, and cause the fame to be raised with and as part of the tax to be laid on the fame city, town or place. And in every such case the county treasurer shall credit and apply the first monies he shall receive on such tax, from such city, town or place, to the payment and discharge of such deficiency.

VIII. And be it further enačied by the authority aforesaid, That upon the death, resignation or removal from office of any county treasurer, all the books and papers belonging to the fame office, shall be delivered to his fucceflor in office, upon the oath of the preceding treasurer, or in case of his death, upon the oath of his executors or administrators ; and if any such preceding treasurer, or his executors or administrators, shall refuse or neglect to deliver the fame, upon oath as aforesaid, being lawfully demanded, every fuch person shall for feit and pay, for every such refusal or neglect, the sum of five hundred pounds, to be recovered with costs of fuit, by the supervisors of the fame county for the time being, for the use of the same county, in the name of the supervisors of such county, by action of debt, bill, plaint or information in any court of record; and in every such action, suit or information, it shall be sufficient for the plaintiffs to set forth, that the defendant on the day such demand was made, became indebted to the supervisors of such county in the sum of five hundred pounds, as a forfeiture for refufing and neglecting to deliver up the books and papers belonging to the office of treasurer of such county, according to the form of an ad, entitled, An act for defraying the public and neceflary charge in the respective counties of this state, to be paid to the supervisors of the fame county for the time being, when he should be thereunto required, and to give the special matter in evidence.

IX. And be it further enacted by the authority aforefaid, Majority of the fu- That the major part of the supervisors of any county being to comtitute a legal met together, at their annual meeting, or at any other meetmeeting.

ing of the supervisors of the same county, Ihall be deemed a legal meeting of the supervisors of the same county, and it shall and may be lawful for such major part of them fo, met together, and they shall be and hereby are authorised and required to do, execute and perform all and every matter and thing which the supervisors of the same county are by this a&t authorised or required to do, execute and perform, as fully in every resped, as if all the supervisors of the fame county had attended at such meeting; and all questions which may arise at any such meeting shall be determined according to the judgment and opinion of the major part of the supervisors attending at fuch meeting. And further, That no action or fuit to be commenced or prosecuted by the supervisors of any county, by virtue or in pursuance of this act, Niall be abated or discontinued, by the death or the expiration of the office of such supervisors, or any or either of them, but shall and may be continued and profecuted to effect by the survivors and successors in office of the fame supervisors.

X. And be it further enacled by the authority aforesaid, That every county Irca wer snall, yearly, on or before the first day of March in every year, pay

to the treasurer of this state, all such monies as he shall have received for taxes imposed on such county, for the use or service of the government of this state, and deliver to the treasurer of this state an account, on oath, of all such warramis as he shall have issued against any collector or collectors, and for what fums; and in case any county treasurer shall not pay the monies by himn received as aforefaid, by the tiine aforesaid, or shall not deliver such accounts, on oath, to the treasurer of this state as aforesaid, or shall not, in case of default of any collector, issue his warrant as aforesaid, then, and in every such case, it hall and may be lawful for the treasurer of this state, for the time being, and he is hereby authorised, directed and required, to proceed against such county treasurer, in like manner as the county treasurers are, by this act, authorised and required to proceed against delinquent collectors.

XI. And be it further enacted by the authority aforefaid, Suerrifursformers That if any lupervisor or supervisors, sall neglect or refuse kul. to lze recovered to perform any of the duties required of him or them by with colts by the this act, every supervisor fo neglecting or refusing, shall, treasurer

for every fuch offence, forfeit to the people of this state the Sum of one hundred pounds, to be recovered, with costs, in any court of record, by action of debt, bill, plaint or information, by the treasurer of this ftare, by and in the name of the treasurer of the state of New-York; and in every such action, fuit or information, it shall be fufficient for the plaintiff to set forth, that the defendant, at a certain time and place, became indebted to. the treasurer of the state of New York, in the sum of one hundred pounds, as a forfeiture incurred for refusing and neglecting to perform the duties required of him by virtue of an act, entitled, An act for defraying the public and necesary charge in the respective counties of this state, to be paid to the treasurer of the state of New-York for the time being, when he should be thereunto required, and to give the special matter in evidence. And no such action, suit or information, Thall be abated or discontinued, by the death of the treasurer, or by his resignation or removal from office, but shall and may be continued and profecuted to effect, by his fucceffor in office. All which penalties when recovered, shall remain in the treasury of this ftate, subject to the order of the legislature.

XII. And be it further enacted by the authority aforesaid, That this act shall not extend to the city and county of New York.

XIII. And be it further enacted by the authority aforesaid, That this act shall take effect, and be in force from and after the first day of April, which will be in the year of our Lord one thousand seven bundred and eighty-nine.

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с нА Р. LXVI. An ACT to enable the Corporation of Trinity Church, in the City of NewYork, to assume the Name therein mentioned.

Pased roth March, 1788. HEREAS the corporation of Trinity Church, in the city of New York, passed the twenty-seventh day of June, in the year one thousand seven hundred and four, enabled to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, by the name of, The rector and inhabitants of the city of New York, in communion of the church of England, as by law established. And whereas the said ad was repealed by the legislature of this state, on the seventeenth day of April, in Mae year one thousand seven hundred and eighty-four, but the said corpora

son have continued to use the name therein fpecified; and by their humble petition to the legislature of this state, have prayed that they may be enabled to assume and use the name of, The rector and inhabitants of the city of New-York, in communion of the protestant Episcopal church in the state of of New-York: Therefore,

Be it enacted by the people of the flate of New York, represented in senate and asembly, and it is hereby enacted by the authority of the same, That the faid corporation, shall and may, from and immediately after the passing of this ad, take and use the name of, The rector and inhabitants of the city of New-York, in communion of the protestant Episcopal church in the state of New-York, and by the fame name shall be capable to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended; and that all grants, deeds and conveyances made to, or by the faid corporation, between the said seventeenth day of April, in the year one thousand feven hundred and eighty-four, and the passing of this act, wherein they are named or mentioned by the name of, The rector and inhabitants of the city of New-York in communion of the church of England as by law established, or any other name or names, shall be good, valid and efféctual in the law, in like manner as they would have been if the said act passed the twentyseventh day of June, in the year one thousand seven hundred and four, had never been repealed, or as they would respectively have been if the said cor. poration had been properly named in such grants, deeds or conveyances,

1.

С Н А Р. LXVII. An ACT for the more effectual Collection of Taxes in the City and County of

New-York.

Palled 11th March, 1788. E it enacted by the people of the fate of New York, represented in senate and assembly, and it is hereby enacted by the authority of the

same, Allefors of each ward

That the afleflors of each respective ward in the city of in tise city of New. New-York, shall, yearly, between the fifteeth day of May quire into the value and the first day of July, in every year, proceed to enquire at the estates of the into the value of the real and personal estate of every freebitants, and make a holder, inhabitant and resident within the ward whereofthey List of their names,

are allessors, and shall make out a true and exact lift of the

names of all the freeholders, inhabitants and residents of the And opposite to the respective wards, for which they are or shall be chosen name to let dowu the assessors, and of such who have estates therein, and do not value of each per fons reside there; and oppofite to the name of every such person

shall fet down the real value of all his or her whole estate, real and personal, in the same ward, as near as they can discover the same; and shall set down the value of the real estate of each person as aforesaid, in one column, and the value of the personal estate of each person as aforesaid, in another column of the same lift or affefsment, leaving room sufficient opposite thereto to insert the sum each person is to pay; and shall complete and And shall deliver fach

deliver the fame list or assessment, signed by such affeflors, lift to the mayor, to the mayor, recorder and aldermen of the said city, or in recorder and alder

the clerk's office of the said city, on or before the first Mon

day in July, yearly and every year; and if'any affeffor shall refuse or neglect to perform the duty hereby required of him, every afleffor 19 retuling or neglecting, fall forfeit and pay, for every such offence, the

men.

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