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Be it furiher exaded by the authority aforesaid, That the said block-house, when compleated, shall be deemed to be the gaol of the laid county, until another fufficient gaol fhall be erected in and for the same, and that until other sufficient provision can be made in the premises, it shall also be lawful to and for the sheriff of the said county of Clinton, at his discretion, to commit any of his prisoners to the gaol of the county of Albany, there to be de. tained, until they shall be thence legally discharged.
CH A P. XLVII.
Brown, and others.
Passed 3d March, 1789. HEREAS this ftate, by their commissioners for that purpose alle
thorised and appointed,' on the fixteenth day of December, one. thoufand seven hundred and eighty-fix, did cede, grant, release and confirm to the commonwealth of Maffachusetts, and to the use of the commonwealth, their grantees, and the heirs and alligns of such grantees forever, the right of pre-emption of the soil from the native Indians; and all other the estate, right, title and property (the right and title of government, sovereignty and jurisdiction excepted) which the state of New-York had, of, in or to iwo hundred and thirty thousand and four hundred acres, to be located by the commonwealth of Massachusetts, and to be fituated to the northward of, and adjoining to the lands granted respectively to Daniel Cox and Robert Lettice Hooper, and their respective associates, and between the rivers Owega and Chenango. And whereas Samuel Brown, Elijah Brown, Owing Stoddard, Jofeph Raymond, Afá Bement, Afa Bement, junior, Elkanalı Bishop, Moses Ashley, Elisha Blin, Ezekiel Crocker, Irá Seymore, Elizabeth Luik, Silas Pc , poon, Henry Williains Dwight, Benjamin Pierion, Jeremiah H. Pierson, Jofeph Pierson, William Brown, Alhbel Strong, Simon Larnard, Nathan Pierfon, Amos Patterson, David Pixley, Jacob Parlons, Anna Binghain, Philip Cook, Ashbel Cone, William Walker, Caleb Walker, Isaac Jenks, Ebenezur Mafon, Jofiah G. Pierson, Warsham Parks, Ebenezer Williams, Jolin Brown, Nathaniel Bishop, Ifaac Curtiss, Allen Newhall, Azariah Eagleton, Thaddeus Thompson, Stephen Brown, Stephen Nish, Jonathan Ingersoll
, Samul Brown; jun. Bulah Brown, Dudley Coleman, Elnathan Curus, John Chapman, Jonathan Edwards, Elihu Parsons, Eliphalet Parsons, Elitha Bradley, Alahel Bardley, Josiah Bradley, Jonathan Woodbridge, Eratlus Serjeant, Oliver Partridge, jun. Ebenezer Cook, Abner Rockwell and John Morell, have represented to this legislature, that by a grant of the said commonwealtli, palled the legislature thereof on the seventh day of November, in the year of our Lord one thousand feven hundred and eighty-seven, they have become tlie legal owners of the said tract of land in fee fimple. And whereas it is further represented, that the said grantees above named, and their legal representatives, have divided into lots, part of the said tract of land, to wit-Two town.ships, each nearly equal to fix miles Square, the one lying in the south-ait corner of the said tract of land bounded eastward on the said river Chenango, and southward on the north line of the said land granted to Daniel Cox and Robert Lettice Hooper, and their associates ; the other bounded southward on the said line, and eastward on the said described township; and have cined the said lots to be drawn to the rights and shares of the said grantees and their legal representatives respectiyely, and have produced plans of the faid
townships, with the names of the grantees or their legal representatives, in-. fcribed on the lots thereof, and have procured the faine to be fairly and truly transcribed, and filed in the office of the secretary of the ftate ;- and the said grantees and their legal representatives, having manifelted to the legislature, their defire that they respectively miglit be by law authorised to hold the faid lots in severalty, as the same are drawn: Therefore,
Be it enuced by the people of the state of Ne:7-York, represented in fenate and ambly, and it is hereby enažied by the authority of the jame, That the faid several lots of land, mentioned and expressed on the said plans, shall be Holden in leveralty by the respective grantees, or their legal repreientatives aforesaid, whose names are respectively infcribed and expreiled on the faid lots, delineated on the said plans, their heirs or alligns in deveralty.
С НА Р. XLVIII. An ACT for erecling a Town by the Name of Middletorn, and to aler ile
Donds of the Township of Rocheiter and I bouffok, in the Coualy of Lysr; and for crecling a Toun by the Name of Eation; 10 wtcr ihe Bolinas of the Towns of Schencatady, H.1/-1001, and Bill's-Town, in ihc County of albei nij', and for other purposes therein mentioned.
Pafled 3d March, 1789. WHE
THEREAS it is found that the towns of Rochester and Woodilock, are
too extensive and inconvenient for the inhabitants now refiding in the western parts of the said towns, and that the erection of another town is become necellary: Therefore,
1. Do it erailed by the people of the fate of New York, represented in seriale; and afembly', a:d ii is hereby enucled by the cauthority of the fame, That all
Parts of Raheiter those parts of the faid towns of Rochitter and Woodilock, and word toch erect- beginning on the division line between the counties of Ulby the name of Mil? iter and Montgomery, in the middle of the Delaware river,
opposite a monument between the lots number forty and forty-one of the original division of the Great or Hardenberg patent, and running from thence northeasterly to the eastern More of the said river; thence along a line of marked trees between the said lots number forty and forty-one, to the Papachton river ; thence across the hid river to the north bounds of great lot number eight, of the said Great or Hardenberg's patent; thence northeafterly along the north bounds of the said lot number eight, to the west bounds of a lot in the said great lot number eight, belonging to Johanna Livington; thence along the westerly bounds thereof, fouthwesterly to the south bounds of the said great lot number eight; thence the same course continued to the north bounds of the town of Mamakating; thence northwesterly along the bounds of the said town, to the middle of Delaware river aforesaid ; and thence up the middle of the said river to the place of . beginning, be, and hereby is erected into a town by the name of Middletown.
II. And be it further ennfied by the authority aforesaid, Part of Hardenberg's That all that certain tract of land formerly comprehended patent annexed to tbe town of Hurley. within the bounds of the Great or Hardenberg's patent, lately released by Margaret Livingston, widow and relićt of Robert R. Li. vingston, Esquire, deceased, to the inhabitants of Hurley, mall be, and the fame is hereby annexed to the town of Hurley ; any thing contained in the frith fell. ch. 64.
act, entitled, † An act for dividing the counties of this state into towns, to the contrary hereof in any wife notwithi. standing
Line of between the
Parts of the towns III. And be it further cnocled by the authority aforesaid, •F Stillwater and saraghtoga,to be created That all those parts of the towns of Stillwater and Saraghthe naine of Ealton.' toga, in the county of Albany, lying to the eastward of See seda leti. ch. 4. Hudson's river, hall
, from and after the firit day of April next, be, and the faine are hereby declared to be erected into a town by the name of Easton ; and that the first election of town officers for the town of Easton, snall be held at the house of Jacob Benson.
IV. And be it urther eracted by the authority aforesaid, divifion That the line of division between the towns of Schenectady, of Schenectady, Half- Half-Moon and Ballstown, shall, from and after the firit day Meena and Ballriberam of April next, be a line beginning at the south-west comer
of Saraghtoga district, and running thence weit to the LongLake; thence along the faid lake to the south end thereof; thence fouth, fifty-three degrees west, one hundred and eighty chains ; thence north to the northeastermoft corner of the fourth allotment of the tract of land commonly called the Kayaderolleras patent; thence along the fouth and fouthweitermoft bounds of the said allotment, to the east bounds of the county of Montgomery; and that all that part of the towns of Schenectady and HalfMoon, lying to the northward and eastward of the said line, shall be annexed to and remain as part of the town of Ballitown.
V. And be il further enated by the authoriiy aforesiid, That the faid towns hereby erected, shall have the same officers, to be elected on the days of the general election for town-vificers, and shall enjoy the like privileges, as the other towns in this state are enuitled to. That the first election in the town of Middletown, shall be held at the house of Benjamin Ackerly; the first election in the town of Saraghtoga, shall be held at the house of Archibald M Neal ; and the first election in the town of Stillwater, shall be held at the house of John Corbin.
VI. And whereas the freeholders and inhabitants of the town of Marble. Town, in the county of Ulster, by virtue and in pursuance of a certain charter to them granted, have annually elected trustees for the said town on the second
Tuesday of June, in every year. And whereas the freeholders and inhabitants of the town of Rochester, in the county or Ulster, by virtue and in purfuance of a certain charter to them granted, have annually elected trustees for the said town, on the first Tuesday of June in every year. And whereas the faid days of election respectively, have been found inconvenient: There. fore, Be it further eaded by the au: horiiy afurclud, That the trustees of the faid towns respectively, shall respectively be ele&ted on the day of the general elections for town officers, of the said towns respectively; any thing in the faid charters contained to the contrary in any wife notwithstanding.
(The 7tit fec. of this act is repealed and provided for by an act of the 13th feff. ch.49, (ec. 7.)
VIII. And be it fourther enacted by the authority aforesaid, That it shall and may
be lawful to and for the freeholders of the faid town of Schenectam dy for the time being, yearly and every year, at the annual election for town officers in the said town, by a plurality of votes, to elect four freeholders, who shall be, and they are hereby authorised to sue and prosecute for the faid penalties respectively, in their own names, before any justice of the peace of the county of Albany, with costs; and when recovered, they shall pay one half of the sums só recovered, to the overseers of the poor of the said town, for the use of the poor thereof, and pay the remaining half to the per«. fons respectively, who shall inform of such offences respectively. Vol. II.
IX. And be it further enailed by the authority aforesaid, That from and af ter the palling of this act, it Ihall and may be lawful to and for the freehold ers and inhabitants of the town of Brookhaven, in the county of Suffolk, to eleet truftees on such day as they are directed by law to hold their annual town meetings; and that all the proceedings of the trustees of the said town of Brookhaven, who have been chosen on the day the said town held their annual town meetings; and that all the proceedings of the trustees of the said town of Brookhaven, who have been chosen on the day the faid town held their annual town meetings, agreeable to any of the laws of this state, shall be as good and effectual in the law, as if the fame had been made on the day prescribed by the letters patent, granted to the faid freeholders and inhabitants of the said town of Brookhaven.
CH A P. XLIX. An ACT to give Relief respelling Debts due to Persons formerly within the
Pafled the 3d March, 1789. HEREAS by the act, entitled, An act relative to debts due to perions
within the enemies lines, passed the 12th July, 1782, it is provided, that no person or persons shall be allowed the benefit of that act, unless he, she or they shall fist have taken the oath of abjuration, and the oath of allegiance to this state, and shall obtain a certificate signed by twelve reputable and well affected freeholders of this state, one whereof shall be a judge of the inferior court of cominon pleas of the county in which the person named in such certificate, shall relide, certifying that he or she is well attached to the freedom and independence of the United States of America, and has taken an active and decided part therein ; but by mistake in printing the said a&, or otherwise, the word two has been substituted in the said proviso instead of the word twelve, whereby several citizens of this state are becoming subject to the payment of debts which were supposed to have been extinguished : Therefore,
1. Beil enaded by the people of the ftatc of New-York, represented in senate and aflebly, and it is hereby enated by the authority of the same, That in every case in which certificates thall have been accepted by the creditors de. scribed in either of the said acts, such receipts shall be deemed an extinguishment of the debts due to them respectively, to the amount of the nominal fum in certificates received by them as aforesaid.
II. And be it further enačied by the authorily aforesaid, That in all cases where proceedings upon the said act, or the act entitled, An act to explain and amend the act, entitled, An act relative to debts due to persons within the enemies lines, passed the 24th of November 1784, shall have been prosecuted to judgment of preclusion, and in which such certificates as aforesaid have not been received, the debtor or debtors shall be discharged from any interest which became due on any contract, bill, obligation or mortgage, by which such debt or debts was or were secured, between the firft day of January, 1776, and the first day of May, 1786, and shall pay the residue of the money due on such contract, hill, obligation or mortgage, in manner fol. lowing; that is to fay, One third part thereof, on or before the firft day of May, 1790, one other third part thereof, on or before the first day of May, 1791, and the remaining third part thereof, on or before the first day of May, 179o, fubject to the provifoes and conditions contained in the act, entitled, An
ad to amend an act, entitled, An act relative to debts due to persons within the enemies lines; and another a&, entitled, An act to explain and amend the act, entitled, An ad relative to debts due to persons within the enemies lines. And provided also, That the security mentioned in the proviloes in the a& laff aforesaid, shall be given within eight months after the palling of this act; but if such security shall not be given within the time last aforesaid, then the creditor or creditors shall and may profecute and recover his, her or their debts, in like manner, and in the proportions herein before mentioned, as is prescribed in and by the faid a&t; the intereft during the period aforefaid, being nevertheless confidered as extinguished.
C H A P. LI. An ACT to enable the Corporation of St. Peter's Church, in the City of Albany, to assume the Name thercin mentioned.
Patied 3d March, 1789. HEREAS by charter under the great feal of the then colony,
now state of New-York, bearing date the twenty-fifth day of April, in the year of our Lord one thousand leven hundred and fixty-nine, the congregation of St. Peter's church, in the city of Albany, were erected into a corporation, by the name and style of, The rector and inhabitants of the city of Albany, in the county of Albany, in communion of the church of England, as by law established. And whereas the proteitant episcopal church in this ftate, has now become independent of the established church of Eng. land. And whereas the said corporation, by their humble petition to the legislature of this ftate, have prayed, that they might be enabled to allume and use the name of, The rector and inhabitants of the city of Albany, in communion of the proteftant episcopal church in the state of New-York : Therefore,
Be it enaded by the people of the fate of New-York, represented in fenate and offembly, and it is hereby cnucted by the authority of the same, That the faid corporation shall and may, from and immediately after the palling of this act, take and use the name of The rector and inhabitants of the city of Albany, in communion with the proteftant episcopal church in the ftate of New-York ; and by the same name shall be capable to sue and be filed, plead and be impleaded, answer and be answered unto, and defend and be defended; any law, usage or custom to the contrary thereof no:withstanding,