is hereby made the duty of the auditor to procure fuch evidence of the delivery of the faid flour, and of any other matter or thing relating thereto, which may be neceffary to fupport the faid charge against the United States: Provided always, That in cafe the United States fhall not allow the faid charge on fettlement with this ftate, the faid Nathan Smith fhall be liable to repay the monies fo as aforefaid paid to him by the treasurer.

V. And be it further enacted by the authority aforesaid, That it fhall be lawful for the treasurer of this ftate, and he is hereby directed to iffue to the adminiftrator or adminiftrators to the eftate of Philip Henning, deceased, a certificate for the fum of forty-four pounds fourteen fhillings, bearing intereft at the rate of five per cent. from the eleventh day of June, one thoufand seven hundred and feventy-feven, in full for fo much money paid into the treasury of this ftate by the commiffioners of fequeftration for the county of Dutchess, being the produce of certain perfonal estate of the faid Philip Henning, fold by the faid commiflioners.

CHAP. LVI.

An ACT for the Encouragement of a Mamifatory of Earthen are, by a Loan of Money to the Proprietor therenf.

Pafied 6th April, 1790.

HEREAS Abraham Wilfon, by his petition prefented to this legiflature doth fet forth, that he hath eftablished a manufactory of white and cream coloured earthen ware, in the profecution of which hè hath already expended confiderable fumms of money; and that in order to render the faid manufactory extenfively ufeful, it will be requifite to provide an additional stock of materials, and procure workmen from Europe, which the faid petitioner is unable to effect without the aid of the legislature, by a loan of money for this purpose.

And whereas the establishment of useful manufactories, is clofely connected with the public weal, and this legiflature being defirous to encourage the fame, hath acceded to the prayer of the faid petition; Therefore,

Isool. to Abraham

Be it enacted by the people of the fate of New-York, reprefented in ferme and affembly, and it is hereby enacted by the authority of the fame, That the treasurer of this ftate is hereby authorised and directed, Treafurer to loan out of any monies that may be in the treafury after the pafWilfon, for the ufe of fing of this act, to advance on loan to the fame Abraham fuch manufactory. Wilfon, the fum of fifteen hundred pounds. Proded, That the faid Abraham Wilfon, fhall, at the fame time, enter into bond to the faid treafurer, conditioned for the faithful payment of the faid fum of fifteen hundred pounds, in three years from the date of the faid obligation, together with one year's intereft for the fame, at the rate of five per cent. and that the faid Abraham Wilfon, fhall alfo duly execute to the faid treasurer, a good and fufficient mortgage upon fuch real estate as the faid treasurer hall think fufficient for fecuring the faid money, with the intereft on the fame, as aforefaid; which faid mortgage, the treasurer is hereby directed to get duly recorded, and to hold the fame for the ufe of the people of this state.

CHAP LVII.

See 14 fefl. ch. 8. An ACT to regulate Sales on Fxecution.

Paffed 6th April, 1790. WHEREAS lands and tenements, goods and chattels, within this state, are liable to fale on executions, and are frequently expofed and

Vol. II.

Tt

fold by fheriffs, without proper public notice of fuch fale, by reafon whereof, collufions between fheriffs and purchafers fometimes happen, and fuch lands and tenements, goods and chattels, are often fold at a very small fum, in proportion to their value, to the great detriment of the proprietors; For the remedy whereof,

on execation, after

179, but at certain

advertifed.

1. Be it enacted by the people of the fate of New-York, reprefented in fenate and afembly, and it is hereby enacted by the authority of the fame, That from and after the first day of Auguft next, no lands or teNo lands to be fold nements, goods or chattels, within this ftate, fhall be fold the art of Agut, by virtue of any writ of fieri facias, or other writ of executihors of the day, and on, iffung out of the fupreme court, or any court of after being publicly common pleas within this ftate, unless fuch fale be at public vendue, and between the hour of nine in the morning, and the ferting of the fun in the fame day; the time and place, of holding whereof, fhall have been previously advertised publicly, for the space of fix weeks fuccellively, by nailing up a printed or written notice thereof, in at least three of the most public places within the town where fuch lands or tenements, goods or chattels, shall be fold; and also, by causing a similar notice thereof to be printed in one of the public news-papers, if any fuch paper there be, within the county wherein fuch lands and tenements, goods and chattels fhall be fold.

contrary to this act,

to forfeit gool.

II. And be it further enacted by the authority aforesaid, Every Sheriff telling That if any fheriff fhall fell any lands, or tenements, goods or chattels, by virtue of any fuch writ, otherwife than in the manner by this act prefcribed, or without fuch previous notice; or if any perfon fall take down or deface any fuch notice previous to the day therein fpecified for the fale of fuch lands or tenements, goods or chattels, unlets upon fatisfiction of the judgment on which fuch execution iffued, the fheriti, fo offending, fhall, for every fuch offence, forfeit and pay the fum of five hundred pounds; and every perfon fo offending, by taking down or defacing fuch notice, fhall forfeit and pay the fum of fifteen pounds, to be refpectively recovered, with cofts of fuit, by any perfon who will fue for the fame; which fum or fums, when recovered, fhall be for the ufe of the peifon fo profecuting for the fame; and that no fuch offence fhall be deemed to affect the validity of any fuch fale.

deputies not to pur

III. And be it further enacted by the authority aforesaid, Sheriffs and their That it fhall not be lawful for any fheriff, or other officer, chafe any lands fold to whom any fuch execution fhall be directed, or any of on execution, their deputies, or any perfon for them or either of them, to purchase any goods or chattels, lands or tenements, at any fuch fale; and all purchases fo made by them, or any of them, or for the use of them, or any or either of them, fhall be abfolutely void.

CHA P. LVIII.

An ACT refpealing the Court of Exchequer, as to Fines on Jurors and Officers of Courts, and for the better Recovery of Debts due to the State. Paffed 6th April, 1790. HEREAS by an act, entitled, † An act to organize the government of this flate, the chancellor was authorifed and required forthwith to caufe a feal to be devifed and made,

fift feff. ch. 12.

W

and it was thereby declared that all commiffions, writs, and other proceedings, fhould in future iffue under the faid feal, to be devised and made, as and for the feal of the faid court.

And whereas the keeping of the faid feal in one part of this ftate, caufes great inconvenience, expence and delay, to the citizens who refide at a great diftance therefrom, and who require the fealing of fuch commiffions, writs, proceffes and other proceedings; Therefore,

another feal to be de

I. Be it enacted by the people of the ftate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That it fhall and may be lawful to and for the chancellor, and he Chancellor to caufe is hereby authorised and required forthwith, to caufe an vised for the court of additional feal to be devifed and made for the faid court, exchequer, and depofited where he shall and to caufe the fame to be depofited in fuch place as he judge moit conveni- fhall judge moft convenient, and all commiflions, writs, procefles, and other proceedings iffued under fuch feal, fhail be equally valid, as if the fame had iflued under the prefent feal of the faid

ent.

court.

II. And be it further enaded by the authority aforefaid, That the faid chancellor fhall deliver to the fecretary of this ftate, a defcription in writing of the feal, which defcription, the faid fecretary fhall record and depofit in his faid office, there to remain as a public record of this fiate.

may give relief in ca

&c.

III. And whereas the court of exchequer is not authorifed by law to give relief in cafes of fines, upon equitable and good caufes fhewn; Therefore, Be it further enaled by the au.hority aforefad, That in all Court of Exchequer Cafes where any fine or fines, upon any juror or any officer 1-s of fires on jurors, of any court, for any default of attending at any court, fhall and officers of courts, be eftreated into the court of exchequer, and a petition fhall be prefented for relief, it fhall and may be lawful to and for the faid court, to hear and determine all matters concerning the fame, and upon good and fufficient caule fhewn to the faid court, to remit any fuch fine or fines, or any part thereof, according to equity and juftice, in the fame manner as in cafes of eftreated recognizances; any law to the contrary notwithstanding.

to fue for and recover

the people thereof or

anditor to notify him

flate.

IV. And be it further enacted by the authority aforesaid, Attorney-general That it fhall and may be lawful for the attorney-general all debis due to the Of this ftate, for the time being, and he is hereby required State, in the name of to fue for, and recover in the name of the people of the in the name of the fate of New-York, or in the name of the treasurer of the treasurer; And Treasurer and flate of New-York, all debts and sums of money due, or to of all debts due to the become due to the people of the ftate of New-York, in any manner whatsoever, and to pay the fame unto the treafurer of this ftate, for the ufe of the people thereof: And the treasurer and auditor of this state, are hereby refpectively directed to give notice to the attorney-general, from time to time, of all debts and fums of money due to this ftate, and to furnish him with fuch evidence relating to the fame, as may be in their power or knowledge; and that in all fuch fuits brought in the name of the people of the fate of New-York, it fhall be fufficient to deciare generally, that the defendant is indebted to the people of the fate of New-York, in the fum demanded, and that the particular grounds of uch demand, and the special matter may be given in evidence upon fuch declaration, and that in any fuch action any part of the fum fo declared for, as the evidence may warrant, may be recovered.

232

neglect their dary.

lection of taxes.

Atsorney-general V. And be it further enacted by the authority aforefaid, ls and others, who That it fhall and may be lawful for the attorney-general with refpect to col. Of this ftate, for the time being, and he is hereby directed to profecute in the name of the people of the ftate of NewYork, or in the name of the treasurer of the fate of New-York, every fheriff, fupervifor and other officer, who hath refufed or neglected, or fhall refufe or neglect to do his duty, refpecting any tax impofed fince the firft day of January, one thousand feven hundred and eighty-four, or hereafter to be impofed by the legiflature, or any arrears thereof, or refpecting any war rant iflued or to be ifiued by the treasurer of this flate, or by any county treafiner relating to any fuch tax, or any arrears thereof.

CHAI.

LIX.

An ACT to carry into Efed the concurrent Refolutions and Als of the Legislature, for graning certain Lands promifid to be given as Bounty Lands, and for other Purpofes therein mentioned.

† 12th fefl. ch.44.

Paffed 6th April, 1790.

An act to appropriate the lands fet apart to the ufe of the troops of the line of this flate, lately ferving in the army of the United States, and for other purpofes therein mentioned, the commiffioners of the land-office are prohibited from granting letters patent, to the perfons who are entitled to grants of bounty and gratuity lands, until after the firft day of January, one thousand feven hundred and ninety one. And whereas fuch delay in granting the faid letters patent, may be injurious to the fettlement of the faid lands: For remedy whereof,

land.o.lice to adver

perions interefted to

inediately thereafter

patents.

1. 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 jame, That the commiflioners of the land-office, fhall, and may, by adverCommiffioners of the tifement, to be published in one or more of the public newstife, requefting all papers publifhed in the city of New-York, whereof the their claims before news-paper printed by the printer for this flate, fhall be one, acertain day, and im and in one of the news-papers printed in the city of Albany, to proceed to flue the for fix weeks fucceffively, to require all perfons entitled to lands by virtue of the concurrent refolutions of the fenate and affembly, of the twenty-feventh day of March, one thoufand, feven hundred and eighty-three, and by the eleventh claufe of an act, entitled, An aft for granting certain lands promifed to be given as bounty lands, by the laws of this ftate, and for other purpofes therein mentioned, paffed the eleventh day of May, one thousand feven hundred and eighty-four, who have not already exhibited their claims, to exhibit the fame to the faid commiffioncis, on or before the first day of July next, and fhall immediately thereafter, proceed to examine the claims of every perfon who may apply for letters patent, in purfuance of the faid concurrent refolutions, and the faid eleventh claufe ofthe act laft aforefaid; and as foon as they fhall have determined that uch perfon is entitled, they fhall caufe letters patent to iffue for the fhare of fuch perfon.

IL. And whereas the furvey of the faid tract of land, fo fet apart for the troops aforefaid, has not been compleated: Be it therefore call the out lines to crafted by the authority aforefaid, That it fhall be the duty

Surveyor general to

ships as are not alrea

dy finished.

be run of fuch town of the furveyor-general, to direct, and caufe the out lines to be run and marked, of all thofe, and fuch townships in the faid tract, the furvey of the out lines whereof is yet unfinished. And in order the better to enable him to complete the fame, the treasurer is hereby directed and required to pay to the furveyor-general, a fum not exceeding five hundred pounds.

caule cach town to be

lots of 600 acres each,

purpose.

III. And to encourage a fpeedy fettlement, and prevent inconveniences that may arife among the claimants, for the want of a proper regular fubdivifion of the faid townships into lots: Be it further enacted by the authority aforefaid, Surveyor-general to That it fhall alfo be the duty of the furveyor-general,to caufe fubdivided into Too each of the faid townships to be fubdivided into one hundred and the treafarer to lots, each lot to contain fix hundred acres, and to enable pay him 400l, for that him to fupply provifions, and other neceffaries, to carry the fame into effect, the treasurer is hereby further directed and required, to pay to the faid furveyor-general, the further fum of four hundred pounds, which faid fum fhall be repaid into the treafury, in the following manner; that is to fay, it fhall be the duty of the fecretary of the ftate, to charge, over and above the fees already established on each lot, the fum of eight fhillings, to be by him collected and paid into the treafury, to the full amount of the fum fo to be advanced as laft aforefaid; and the refidue shall be paid to the furveyor-general, to be by him applied for the discharge of the wages that fhall become due to the furveyors and chain-bearers, for their fervices. And in order to make ample provifion for the full discharge of the wages that may remain due to the faid furveyors and other perfons employed in the aforefaid fervice:

IV. Be it further enacted by the authority aforesaid, That the Fifty acres in each quantity of fifty acres, in one of the corners of the refpeclot, fubject to the payine at of 485. to the tive lots to be fo laid out, fhall be, and are hereby fubfurveyor-general, asa compenfation for his jected to the payment of the further fum of forty-eight fhilfervices, &c. lings, to the furveyor-general, as a compenfation, in full, for his fervices and expences in marking, numbering and furveying each of the faid lots. And in every cafe where the faid fum of forty-eight fhillings, or any part thereof, fhall remain unpaid for the term of two years next after the iffuing of the refpective patents, it fhall, and is hereby made the duty of the furveyor-general, and he is hereby authorised and required, to fell the parts fo fubjected, at public vendue, after giving fix weeks notice thereof, in one or more of the public news-papers printed in this ftate; and the money arifing therefrom, fhall be, by him, applied to the difcharge of the principal and in tereft of the debts due to the furveyors, chain-bearers, and fuch other neceffary expences as may accrue in the discharge of the business aforefaid: And in confequence of fuch fale, the purchaser fhall be vefted with the fee of the lands fo to be fold as aforefaid, by a deed from the furveyor-general, and the overplus of the money, if any, that fhail remain in the hands of the furveyor-general, fhall be paid into the treafury of the state, to be applied hereafter, by law, towards laying out and making roads in the tract aforefaid.

patents are to illue.

V. And be it enacted by the authority aforefaid, That the In whole names the letters patent mentioned and directed to be iffued, by the eighth claufe of the act herein first recited, fhall iffue in the names of the perfons who have actually ferved in the line of the army of the United States, as defignated in the faid concurrent refolutions, and the eleventh claufe of the faid act, pafled the eleventh day of May, 1784, granting the fame to fuch perfons refpectively, and to their respective heirs and affigns forever: And the lands fo to be granted, in and by the faid letters patent,