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Be it further enacted by the authority aforefaid, That the faid block-houfe, when compleated, fhall be deemed to be the gaol of the faid county, untik another fufficient gaol fhall be erected in and for the fame, and that until other fufficient provifion can be made in the premises, it fhall also be lawful to and for the fheriff of the faid county of Clinton, at his difcretion, to commit any of his prisoners to the gaol of the county of Albany, there to be de-tained, until they fhall be thence legally difcharged.

WH

С НА Р. XLVII.

An ACT to confirm the Partiion of the Lands therein mentioned, to Samuel Brown, and others. Paffed 3d March, 1789. HEREAS this flate, by their commiffioners for that purpofe au thorifed and appointed, on the fixteenth day of December, one thousand seven hundred and eighty-fix, did cede, grant, releafe and confirm to the commonwealth of Maffachusetts, and to the use of the commonwealth, their grantees, and the heirs and affigns of fuch grantees forever, the right of pre-emption of the foil from the native Indians; and all other the estate, right, title and property (the right and title of government, fovereignty and jurifdiction excepted) which the ftate of New-York had, of, in or to two hun dred and thirty thoufand and four hundred acres, to be located by the commonwealth of Maffachusetts, and to be fituated to the northward of, and adjoining to the lands granted refpectively to Daniel Cox and Robert Lettice Hooper, and their refpective affociates, and between the rivers Owega and Chenango. And whereas Samuel Brown, Elijah Brown, Owing Stoddard, Jofeph Raymond, Afá Bement, Afa Bement, junior, Elkanah Bifhop, Moles Ahley, Elifha Blin, Ezekiel Crocker, Ira Seymore, Elizabeth Lufk, Silas Pcpoon, Henry Williams Dwight, Benjamin Picrion, Jeremiah H. Pierfon, Jofeph Pierfon, William Brown, Ahbel Strong, Simon Larnard, Nathan Pierfon, Amos Patterson, David Pixley, Jacob Parfons, Anna Bingham, Philip Cook, Afhbel Cone, William Walker, Caleb Walker, Ifaac Jenks, Ebenezer Mafon, Jofiah G. Pierfon, Warsham Parks, Ebenezer Williams, John Brown, Nathaniel Bishop, Ifaac Curtifs, Allen Newhall, Azariah Eagleton, Thaddeus Thompson, Stephen Brown, Stephen Nafh, Jonathan Inge:foll, Samuel: Brown, jun. Bulah Brown, Dudley Coleman, Elnathan Curtis, John Chapman, Jonathan Edwards, Elihu Parfons, Eliphalet Parfons, Elifha Bradley, Afahel Bardley, Jofiah Bradley, Jonathan Woodbridge, Eratlus Serjeant, Oliver Partridge, jun. Ebenezer Cook, Abner Rockwell and John Morell, have reprefented to this legiflature, that by a grant of the faid common wealth, pafled the legislature thereof on the feventh day of November, in the year of our Lord one thoufand feven hundred and eighty-feven, they have become the legal owners of the faid tract of land in fee fimple. And whereas it is further reprefented, that the faid grantees above named, and their legal reprefentatives, have divided into lots, part of the faid tract of land, to wit-Two townships, each nearly equal to fix miles fquare, the one lying in the fouth-caft corner of the faid tract of land bounded eastward on the faid river Chenango, and fouthward on the north line of the said land granted to Daniel Cox and Robert Lettice Hooper, and their affociates; the other bounded fouthward on the faid line, and eastward on the faid defcribed township; and have canted". the faid lots to be drawn to the rights and fhares of the faid grantees and their legal reprefentatives respectively, and have produced plans of the faid

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townfhips, with the names of the grantees or their legal representatives, in= fcribed on the lots thereof, and have procured the fame to be fairly and truly tranfcribed, and filed in the office of the fecretary of the ftate; and the faid grantees and their legal reprefentatives, having manifefted to the legislature, their defire that they refpectively might be by law authorifed to hold the faid lots in feveralty, as the fame are drawn: Therefore,

Be it enacted by the people of the state of New-York, represented in fenate and affembly, and it is hereby enalled by the authority of the fame, That the faid feveral lots of land, mentioned and expressed on the faid plans, fhall be holden in feveralty by the refpective grantees, or their legal reprefentatives aforefaid, whofe names are respectively in/cribed and expreffed on the faid lots, delineated on the faid plans, their heirs or affigns in feveralty.

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An ACT for erelling a Town by the Name of Middletown, and to alter the. Bourds of the Township of Rochester and I'voflock, in the County of Ufer; and for erecting a Town by the Name of Eation; to alter the Bounds of the Towns of Schenectady, Half-Moon, and Ball's-Town, in the County of Alba, ny, and for other Purpofes therein mentioned.

WH

Paffled 3d March, 1789. THEREAS it is found that the towns of Rochester and Woodflock, are too extensive and inconvenient for the inhabitants now refiding in the western parts of the faid towns, and that the erection of another town is become neceflary: Therefore,

ed into another town,

dletown.

1. Be it called by the people of the fate of New-York, reprefented in fenate, and affembly, and it is hereby enacted by the authority of the fame, That all Parts of Rochester thofe parts of the faid towns of Rochefer and Woodflock, and Woodstock erect- beginning on the divifion line between the counties of ULby the name of Mid- fter and Montgomery, in the middle of the Delaware river, oppofite a monument between the lots number forty and forty-one of the original divifion of the Great or Hardenberg patent, and running from thence northeasterly to the eastern fhore of the faid river; thence along a line of marked trees between the faid lots number forty and forty-one, to the Papachton river; thence across the faid river to the north bounds of great lot number eight, of the faid Great or Hardenberg's patent; thence northeafterly along the north bounds of the faid lot number eight, to the weft bounds of a lot in the faid great lot number eight, belonging to Johanna Livingiton; thence along the wefterly bounds thereof, fouthwefterly to the fouth bounds of the faid great lot number eight; thence the fame courfe continued to the north bounds of the town of Mamakating; thence northwesterly along the bounds of the faid town, to the middle of Delaware river aforefaid; and thence up the middle of the faid river to the place of beginning, be, and hereby is erected into a town by the name of Middletown. II. And be it further enacted by the authority aforesaid, Part of Hardenberg's That all that certain tract of land formerly comprehended within the bounds of the Great or Hardenberg's patent, lately released by Margaret Livingston, widow and relict of Robert R. Livington, Efquire, deceased, to the inhabitants of Hurley, fhall be, and the fame is hereby annexed to the town of Hurley; any thing contained in the act, entitled, An act for dividing the counties of this ftate into towns, to the contrary hereof in any wife notwithflanding.

patent annexed to the town of Hurley.

11th feff, ch. 64.

Parts of the towns ⚫f Stillwater and Sa

the name of Easton.

between the towns

III. And be it further enacted by the authority aforefaid, raghtog,to be erected That all thofe parts of the towns of Stillwater and Saraghinto another town, by toga, in the county of Albany, lying to the eastward of See 14th fell. ch. 4. Hudfon's river, fhall, from and after the first day of April next, be, and the fame are hereby declared to be erected into a town by the name of Eafton; and that the first election of town officers for the town of Easton, shall be held at the house of Jacob Benson. IV. And be it further enacted by the authority aforefaid, Line of divifion That the line of divifion between the towns of Schenectady, of Schenectady, Half- Half-Moon and Ballitown, fhall, from and after the first day Moon, and Balltown, of April next, be a line beginning at the fouth-west corner ⚫of Saraghtoga diftrict, and running thence weft to the LongLake; thence along the faid lake to the fouth end thereof; thence fouth, fifty-three degrees weft, one hundred and eighty chains; thence north to the northeastermoft corner of the fourth allotment of the tract of land commonly called the Kayaderofferas patent; thence along the fouth and fouthweitermoft bounds of the faid 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 faid line, fhall be annexed to and remain as part of the town of Ballitown.

alteredand defcribed.

V. And be it further enacted by the authority of refid, That the faid towns hereby erected, fhall have the fame officers, to be elected on the days of the general election for town-officers, and fhall enjoy the like privileges, as the other towns in this ftate are entitled to. That the fift election in the town of Middletown, fhall be held at the houfe of Benjamin Ackerly; the first election in the town of Saraghtoga, shall be held at the houfe of Archibald M'Neal; and the first election in the town of Stillwater, fhall be held at the house of John Corbin.

VI. And whereas the freeholders and inhabitants of the town of MarbleTown, in the county of Ulfter, by virtue and in purfuance of a certain charter to them granted, have annually elected truftees for the faid town on the fecond Tuefday of June, in every year. And whereas the freeholders and inhabitants of the town of Rochefter, in the county of Ulfter, by virtue and in purfuance of a certain charter to them granted, have annually elected trustees for the faid town, on the firft Tuesday of June in every year. And whereas the faid days of election refpectively, have been found inconvenient: Therefore, Be it further enacted by the authority aforesaid, That the truffees of the faid towns refpectively, fhall refpectively be elected on the day of the general elections for town officers, of the faid towns refpectively; any thing in the faid charters contained to the contrary in any wife notwithstanding.

[The 7th fee, of this act is repealed and provided for by an act of the 13th feff. ch. 49, lec. 7.] VIII. And be it further enalled by the authority aforefaid, That it fhall and may be lawful to and for the freeholders of the faid town of Schenectady for the time being, yearly and every year, at the annual election for town officers in the faid town, by a plurality of votes, to elect four freeholders, who fhall be, and they are hereby authorised to fue and profecute for the faid penalties refpectively, in their own names, before any juftice of the peace of the county of Albany, with cofts; and when recovered, they fhall pay one half of the fums fo recovered, to the overfeers of the poor of the faid town, for the ufe of the poor thereof, and pay the remaining half to the perfons refpectively, who fhall inform of fuch offences refpectively.

Vol. II.

IX. And be it further enailed by the authority aforefaid, That from and af ter the paffing of this act, it shall and may be lawful to and for the freeholders and inhabitants of the town of Brookhaven, in the county of Suffolk, to elect truftees on fuch day as they are directed by law to hold their annual town meetings; and that all the proceedings of the trustees of the faid town of Brookhaven, who have been chofen on the day the faid town held their annual town meetings; and that all the proceedings of the truftees of the faid town of Brookhaven, who have been chofen 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 prefcribed by the letters patent, granted to the faid freeholders and inhabitants of the faid town of Brookhaven.

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An ACT to give Relief refpelling Debts due to Perfons formerly within the Pafled the 3d March, 1789.

by the

Enemies Lines.

within the enemies lines, paffed the 12th July, 1782, it is provided, that no perfon or perfons fhall be allowed the benefit of that act, unless he, fhe or they fhall first have taken the oath of abjuration, and the oath of allegiance to this ftate, and fhall obtain a certificate figned by twelve reputable and well affected freeholders of this flate, one whereof fhall be a judge of the inferior court of common pleas of the county in which the perfon named in fuch certificate, fhall refide, 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 faid act, or otherwife, the word two has been fubftituted in the faid provifo instead of the word twelve, whereby feveral citizens of this ftate are becoming fubject to the payment of debts which were fuppofed to have been extinguished: Therefore,

1. Be it enacted by the people of the ftate of New-York, reprefented in fenate and assembly, and it is hereby enacted by the authority of the fame, That in every cafe in which certificates fhall have been accepted by the creditors defcribed in either of the faid acts, fuch receipts fhall be deemed an extinguishment of the debts due to them refpectively, to the amount of the nominal fum in certificates received by them as aforefaid.

II. And be it further enacted by the authority aforefaid, That in all cafes where proceedings upon the faid act, or the act entitled, An act to explain and amend the act, entitled, An act relative to debts due to perfons within the enemies lines, paffed the 24th of November 1784, fhall have been profecuted to judgment of preclufion, and in which fuch certificates as aforefaid have not been received, the debtor or debtors fhall be discharged from any interest which became due on any contract, bill, obligation or mortgage, by which fuch debt or debts was or were fecured, between the firft day of Jánuary, 1776, and the first day of May, 1786, and fhall pay the refidue of the money due on fuch contract, bill, obligation or mortgage, in manner following; that is to fay, One third part thereof, on or before the first 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, 1792, fubject to the provifoes and conditions contained in the act, entitled, An

act to amend an act, entitled, An act relative to debts due to perfons within the enemies lines; and another act, entitled, An act to explain and amend the act, entitled, An act relative to debts due to perfons within the enemies lines. And provided alfo, That the fecurity mentioned in the provifoes in the act laft aforefaid, fhall be given within eight months after the paffing of this act; but if fuch fecurity fhall not be given within the time laft aforelaid, then the creditor or creditors fhall and may profecute and recover his, her or their debts, in like manner, and in the proportions herein before mentioned, as is prefcribed in and by the faid act; the intereft during the period aforefaid, being nevertheless confidered as extinguifhed.

W

CHA P. LI.

An ACT to enable the Corporation of St. Peter's Church, in the City of Albany, to affume the Name therein mentioned. Paffed 3d March, 1789. HEREAS by charter under the great feal of the then colony, now ftate of New-York, bearing date the twenty-fifth day of April, in the year of our Lord one thousand seven 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 ftyle 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 eftablished. And whereas the proteflant epifcopal church in this ftate, has now become independent of the established church of England. And whereas the faid corporation, by their humble petition to the legislature of this ftate, have prayed, that they might be enabled to affume and use the name of, The rector and inhabitants of the city of Albany, in communion of the proteftant epifcopal church in the ftate of New-York: Therefore,

Be it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That the faid corporation fhall and may, from and immediately after the pafling of this act, take and use the name of The rector and inhabitants of the city of Albany, in communion with the proteftant epifcopal church in the ftate of New-York; and by the fame name fhall be capable to fue and be fued, plead and be impleaded, anfwer and be anfwered unto, and defend and be defended; any law, ufage or cuftom to the contrary thereof notwithftanding.

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