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in Queens county three ; in Kings county one ; in Richmond county one ; in Westchester county five; in Dutchess county seven; in Ulfter county five ; in Orange county three; in Columbia county fix; in the county of Renffelaer five; in the county of Washington four ; in the city and county of Albany leven'; in the county of Saratoga four ; in the county of Montgomery leven, and in the county of Ontario one.

VI. And be it further enacted by the authority aforefuid, Inhabitants of Clin: That until further legislative provision he made in the prevote for alleanblytren mifes, it shall be lawful for the freeholders and inliabitants chole to be giyen in of the county of Clinton, entitled to vote for members of Washington County, afsembly, to join their votes with those to be given in the county of Washington; and the clerk of the county of Clinton, shall upon • receiving the ballots given at any election for members of aliembly, tranimit the fame to the clerk of the county of Washington ; and the same mall be canvalled and eftimated together with and by the faine perfons, who shall canvass and estimate the votes taken at the same election in the county of Washington.

W.

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с нА Р. V. troth felf. ch. 15. An ACT to amend an Ail, entitled, Air det for reglem

lating Elections.

Paffed 10th February, 1791. HEREAS the mode for determining when at any election a le

nator is to be chosen in the room of one dead or removed from office, which of the persons chosen for fenator at such election, is elected in the room of the person deceased or removed from office, prescribed in and by the act entitled, An act for regulating elections, is found to be productive of ill-conveniences; Therefore,

J. Be it enaded by the people of the fate of New York, represented in senare and affembly, and it is hereby enacted by the authorily of ihe same, That •when a senator is to be chosen at any election in the room of one dead or removed from office, it shall not be necefiary for any elector to defignate on his ballot, who he votes for as senator in the room of the person

deceased or removed from office; and it is hereby declarThe perfon having ed, that the person who has the greatest number of votes the of wees to be confi. for a senator at any election for senators, shall be considered the longest time.

as elected for the longest time, and so on until each vacan

cy is filled, without regarding any defignation, or the order of placing the names of the persons, voted for, upon any of the ballots taken at such election.

II. And be it further enaelcd by the authority a orefaid, When two ballots That if in any cale two or more ballots or tickets shall be dieither of thein w bę found folded or rolled up togerher, none of the ballots fo counted.

folded or rolled up together thall be estimated. III. And be it further enacted by the authority aforesaid, That it Ina!! and may be lawful for the inspectors of any election for governor, lieutenant-governor, representatives to congress, senators or members of assembly, ...to hold the poll at such place or places, in any town or city within this ftare,

as to them may appear molt convenient for the electors, they inserting in the notices to be given of such election, the places where, and the times when such elections are to be held.

dered as elected for

CH A P. VI. -
Ari ACT to nbolijh the Jinuary Term of the Courts of Commor Pleis and
General Sellions of the Penice, in ard for Richmond County.

Pafled 10th February, 1791.
E it enacted by the people of the fate of New York, represented in fenate

and affembly, and it is hereby enated by the authority of the fame, That from and after the fourth Monday of September next, the January term of the courts of conimon pleas and general fellions of the peace, in and for Richmond county, shall be, and hereby is abolished; and that at the end of the term of the courts of common pleas and general felvons of the peace, to be held in and for Richmond county, on the fourth Monday in Septemberin every year hereafter, or as soon as the due administration of justice will admit in each September term, the said courts shall be adjoumed to the first Monday in May then next.

CH A P. VII. 18th (es. ch. 39. sn ACT to anend an Afy, entitled, An Act for the Pata

tiiion of Lands.

Paffed roth February, 1791.
E it called by the people of the fate of New-York, represented in fenate

That it shall and may be lawful for commissioners who have been, or hereafter shall be appointed by virtue of the act aforesaid, or a major part of them, to make and subscribe a notice in writing to a judge or judges as required in and by the third section thereof; and that on failure of the attendance of such judge or judges so notified, it shall and may be lawful for some other judge or judges, either of the supreme court, or court of common pleas for the county where the greatest part of the land lieth, not interested in the division, to see the ballo:ting juftly and impartially performed; and that a majority of the commiflioners and a judge attending, and performing the ballotting aforesaid, in manner directed by the said ad, shall be as effectual in law, asthough the judge or judges firft notified, had attended.

II. And be it further enacted by the authority aforesaid, That the fixth section of the said act shall be, and hereby is extended as well to improvements made after the palling of the faid act, as to improvements theretofore made.

CH A P. VIII. 13th 1eff. ch.57. An ACT to repeal the fly, entitled, An AEI for regulaling Sales 012 Execution lo far as respedis Goods and Chattels, and providing for the Payment of Advertisements on Sales of Real Efates.

Pafled 10th February, 1791. Eit enacted by the people of the fale of New-York, represented in fenate

and assembly, and it is hereby enndied by the authority of the fame, That such parts of the act entitled, An act to regulate sales on execution, as ielate to advertisements on sales of goods and chattels shall be, and the fame are hereby repealed.

II. And be it further enacted by the authority aforesaid, That each and cvery sherist in this state, shall be entitled to receive on every sale of lands and tenements made by him in pursuance of the act aforesaid, in addition to his

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poundage, the sum of fifteen shillings, as a compensation for advertising, and to recover the same in like manner with his poundage ; And that when. ever the execution on which such advertisements are made is settled, previous to the day of fale, and after the advertisements have been duly made, the sheriff shall be entitled to receive seven shillings and fix-pence, as a compensation therefor, and to recover the same as aforefaid; Provided nevertheless, That no further fum Ihall be recovered for continuing the advertisement after six weeks.

C H A P, IX.
ANJA CT for the Preservation of Heath-Hens and other Game.

Patled 15th February, 1791. 1. BE

E it enafled by the people of the Hale of New York, represented in senate

and asembly, and it is hereby enabled by the authorily of the same, That if any person or persons shall kill any heath-hen within the county of Suffolk or Queens, or shall kill any partridge, quail or woodcock, within the county of Queens orKings,or within the city and county of New York, within the times herein after mentioned; That is to fay, with respect to heath-hens, partridge and quail, between the first day of April and the fifth day of O&tober, and with respect to woodcock, between the twentieth day of February and the first day of July, in any year after the passing of this act (including nevertheless the present year) every such perfor or persons shall for every such offence, forfeit and pay the foilowing sums, that is to say; for every heath-hen or partridge lo killed, the sum of tweniy shillings, and for every quail or woodcock so killed as aforesaid, the sum of five shillings, to be recovered with costs of suit, by any person or persons who shall sue for the fame, before any justice of the peace, in either of the said counties, who is hereby authorised and directed to hear and determine the fame; the one half of which forfeiture, when recovered, shall be paid to the person or perfons who shall sue for the same, and the other half to the overseers of the poor where the conviction shall be had; And if any heath-hen, partridge, quail or woodcock so killed as aforesaid, shall be found in the pofseflion of any person or persons, such person or persons shall be deemed guilty of the offence and suffer the penalty aforesaid, Provided always, That no person or persons shall be convicted upon this act, unless the suit shall be commenced within three months after the offence cominitted.

II. And be it further enačied by the authority forefuid, -That all former acts and laws concerning heath-hens, Ihall be, and hereby are repealed.

CH A P. X.
An ACT for dividing the County of Montgomery.

Paned 6th February, 1791.
E it enalled by the people of the flate of New-York, represented in fenata

"

A certain tract of

That all that tract of land in the county of Montgomery, land herein described beginning at the eighty-two mile stone, in the line between in the county of Monto this state and the commonwealth of Pennsylvania, and run. a separate county, by ning from thence due north until the north-west corner of the name of Tioga. the township number twenty-one, in the military traci,

land annexed to Onta.

bears east, then east crossing the Seneca Lake to the Cayuga Lake, then eafterly to the north-west corner of township number twenty-three, in the military tract aforesaid, then eaft along the north bounds of the said township number twenty-three, and the north bounds of the townships number twenty-four and twenty-five, and to continuing the same course to the welt bounds of the twenty townships lately laid out for sale by this state, then along the same twenty townih ps north, to the north-west corner of the township number twelve in the faid twenty townships, then east to the Unz, dilla River, then down the middle of the westerly stream of the fame river to its jundion with the Susquehannah River, then foutherly along the line commonly called the line of property to the Delaware River, then down the Delaware River to the beginning of the said partition line, between this state and the commonwealth of Pennsylvania, and then along the same partition line to the place of beginning, shall be, and hereby is erected into a leparate county, and shall be called and known by the name of Tioga.

II. And be it further enaclcd by the authority aforesaid, À certain tract of That all that tract of land to the northward of the said rio county. county of Tioga, and west of the Seneca Lake and the military lands, shall be, and is hereby annexed to the county of Ontario.

III. And be it further enaded by the authority aforesaid, A certain tract of That all that tract of land in the said county of Montgo. in the county of Mont- mery, beginning at the southwest corner of the town of a separate county" by Mohawk, and running thence westerly to the southeaft the name nt Orfego. corner of a tra&t of land formerly granted to William Cosby, and then westerly along the faine, and along a tract of land formerly granted to Frederick Morris, and a tra&t of land formerly granted to John Lyne, to the southwest corner thereof, then westerly to the northeast corner of a trad of land formerly granted to John Groesbeck, called Springfield, then along the north bounds thereof and the same line continued to the town of German Flatts, then foutherly along the east bounds of the town of German Flatts to the southerly bounds of a tract of land formerly granted to Theobald Young, then along the southerly bounds thereof northwefterly to a trad of land formerly granted to William Bayard and others, called the Free Mafons Patent, then southerly and wefterly along the fame to the Unadilla river, then down the same river and along the said county of Tioga to the Delaware river to the county of Ulster, and then northerly along the counties of Ulster and Albany to the place of beginning, shall be, and hereby is erected into a separate county, and shall be called and known by the name of Otsego.

IV. And be it further enated by the authority aforesaid, A certain part of That all that part of the said county of Montgomery, beto retain its former ginning at the southeast corner of the town of Mohawk,

and running from thence along the southerly bounds thereof and along the northerly bounds of the said county of Otsego to the town of German Flatts, then northerly along the town of German Flatts and the town of Herkemer, to a tract of land called Jersey Field, then along the fame foutheafterly and northeasterly to the eafterly corner thereof, then due eaft to the county of Saratoga, and then southerly along the counties of Saratoga and Albany to the place of beginning, shall continue and remain a separate county, and be called and known by the name of Montgomery.

V. And be it further enacted by the authority aforesaid, land hier in described. That all that tract of land, bounded wefterly by the county

name.

A certain trait of

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ated into a county of Ontario, northerly by the north bounds of this state, kemer.

easterly by the counties of Clinton, Washington and Sara

toga, and foutherly by the counties of Montgomery, Otfego and Tioga, shall be, and hereby is erected into a separate county, and Inall be called and known by the name of Herkemer.

VI. And be it further enacted by the authority aforesaid, That part of Cana; That all that part of the town of Canajoharie which is in

in Otfego county, co cluded in the said county of Otsego, shall be, and hereby is be a separate town by erected into a town by the name of Cherry-Valley; and Valley.

the firft town meeting in the said town of Cherry-Valley, shall be held at the house of Benjamin Griffin.

VII. And be it further enacted by the authority aforesaid, Part of German That all that part of the town of German Flarts, which is to Odlego town, in included in the said county of Olfego, shall be, and hereby Oikegu county,

is annexed to the town of Otsego, in the same county.

VIII. And be it further enaked by the authority aforesaid, Parts of Palatine & That all those parts of the towns of Palatine an Caughná: annexed to Het henier waga, which are included in the said county of Herkemer, town in Harkemer shall be, and hereby are annexed to the town of Herkemer,

in the same county.

IX. And be it further enacted by the authority aforesaid, Tanga county divia That all that part of the said county of Tioga, laying westplaces afligned for the ward of the Cayuta creek and the township number twen. first town incetings.

ty-two in the military trad, shall be, and hereby is erected into a town by the name of Chemung; and the firft town-meeting in the fame town thall be held at the house of George Hornwell. And that all that part of the faid county of Tioga, bounded southerly by Pennfylvania, wefterly by the town of Chemung as last limited, northerly by the north bounds of the same county of Tioga, and easterly by township number twenty-four in the military tract, and the Owego river, and a line running from the mouth thereof fouth to the Pennsylvania line, shall be, and herchy is erected into a town by the name of Owego; and the firft town-meeting in the fame rown shall be held at the house of Samuel Ransom. And that all that part of the faid county of Tioga, bounded foutherly by Pennsylvania, wefterly by the faid town of Owego, northerly by the north bounds of the said county of Tioga, and eafterly by the rivers Chenango and Sur quehannah, shall be, and hereby is erected into a town by the name of Union; and the first town-meeting in the same town shall be held at the house of Nehemiah Spalding. And that all that part of the said county of Tioga, bounded foutherly by the tract of land called Chenango, and the tract of land called Warren, westerly by the said town of Union, northerly by the north bounds of the said county of Tioga, and easterly by the county of Otsego, shall be, and hereby is erected into a town by the name of Jerico; and the firft town-meeting in the fame town, shall be held at the house of William Guthrie. And that all the remaining part of the said county of Ti oga, bounded foutherly by Pennfylvania, wefterly by the faid town of Union, northerly by the faid town of Jerico, and eafterly by the counties of Otsego -and Ulfer, shall be, and hereby is erected into a town by the name of Chenango; and the first town-meeting in the fame town shall be held at the house of Benjamin Bird.

X. And be it further enated by the authority aforesaid, That the freehold. ers and inliabitants of the several towns erected by this act, shall be, and here

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