in Queens county three; in Kings county one in Richmond county one ; in Westchester county five; in Dutchess county feven; 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 feven'; in the county of Saratoga four; in the county of Montgomery feven, and in the county of Ontario one. ton county entitled to VI. And be it further enacted by the authority aforefaid, Inhabitants of Clin. That until further legislative provifion be made in the prevote for afleanblymen mifes, it fhall be lawful for the freeholders and inhabitants to join their votes with thofe to be given in of the county of Clinton, entitled to vote for members of Washington county affembly, to join their votes with thofe to be given in the county of Washington; and the clerk of the county of Clinton, fhall upon receiving the ballots given at any election for members of aflembly, tranfmit the fame to the clerk of the county of Washington; and the fame fhall be canvaffed and eftimated together with and by the fame perfons, who fhall canvass and estimate the votes taken at the fame election in the county of Washington. CHA P. V. † toth feff, ch. 15. An ACT to amend an A, entitled, An A for regulating Elections. WH Paffed 10th February, 1791. WHEREAS the mode for determining when at any election a fenator is to be chofen in the room of one dead or removed from of fice, which of the perfons chofen for fenator at fuch election, is elected in the room of the perfon deceafed or removed from office, prefcribed in and by the act entitled, An act for regulating elections, is found to be productive of ill-conveniences; Therefore, J; 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 when a fenator is to be chofen at any election in the room of one dead or removed from office, it fhall not be neceflary for any elector to defignate on his ballot, who he votes for as fenator in the room of the perfon deceased or removed from office; and it is hereby declarThe perfon having ed, that the person who has the greatest number of votes the greatest number of votes to be confi- for a fenator at any election for fenators, fhall be confidered dered as elected for as elected for the longest time, and fo on until each vacancy is filled, without regarding any defignation, or the order of placing the names of the perfons voted for, upon any of the ballots taken at fuch election. the longest time. II. And be it further enacted by the authority afgrefaid, When two ballots That if in any cafe two or more ballots or tickets fhall be neither of them to be found folded or rolled up together, none of the ballots fo folded or rolled up together fhall be estimated. are rolled together counted. III. And be it further enacted by the authority aforefaid, That it shall and may be lawful for the inspectors of any election for governor, lieutenant-governor, reprefentatives to congrefs, fenators or members of aflembly, to hold the poll at fuch place or places, in any town or city within this ftate, as to them may appear moft convenient for the electors, they inferting in the notices to be given of fuch election, the places where, and the times when fuch elections are to be held. CHA P. VI. An ACT to abolish the January Term of the Courts of Common Pleas and E 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 from and after the fourth Monday of September next, the January term of the courts of common pleas and general feflions of the peace, in and for Richmond county, fhall be, and hereby is abolished; and that at the end of the term of the courts of common pleas and general feffions of the peace, to be held in and for Richmond county, on the fourth Monday in September in every year hereafter, or as foon as the due adminiftration of juftice will admit in each September term, the faid courts fhall be adjourned to the first Munday in May then next. I. CHAP. VII. 18th feft. ch. 39. An ACT to amend an A ̧entitled, ‡An A for the Partition of Lands. Paffed roth February, 1791. B E 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 it fhall and may be lawful for commiffioners who have been, or hereafter shall be appointed by virtue of the act aforefaid, or a major part of them, to make and fubfcribe a notice in writing to a judge or judges as required in and by the third fection thereof; and that on failure of the attendance of fuch judge or judges fo notified, it shall and may be lawful for fome other judge or judges, either of the fupreme court, or court of common pleas for the county where the greateft part of the land lieth, not interested in the divifion, to fee the ballotting juftly and impartially performed; and that a majority of the commiffioners and a judge attending, and performing the ballotting aforefaid, in manner directed by the faid act, fhall be as effectual in law, as though the judge or judges firft notified, had attended. II. And be it further enacted by the authority aforefaid, That the fixth fection of the faid act fhall be, and hereby is extended as well to improvements made after the paffing of the faid act, as to improvements theretofore made. 13th feff. ch.57. С НА Р. VIII. An ACT to repeal the Act, entitled, ‡An All for regulating Sales on Execution fo far as refpecs Goods and Chattels, and providing for the Payment of Advertisements on Sales of Real Estates. Paffed 10th February, 1791. I. Bit enaded by the people of the fate of New-York, 1eprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That fuch parts of the act entitled, An act to regulate fales on execution, as relate to advertisements on fales of goods and chattels fhall be, and the fame are hereby repealed.. II. And be it further enacted by the authority aforefaid, That each and every fheriff in this ftate, fhall be entitled to receive on every fale of lands and tenements made by him in purfuance of the act aforefaid, in addition to his poundage, the fum of fifteen fhillings, as a compenfation for advertising, and to recover the fame in like manner with his poundage; And that whenever the execution on which fuch advertisements are made is fettled, previous to the day of fale, and after the advertisements have been duly made, the fheriff fhall be entitled to receive seven shillings and fix-pence, as a compenfation therefor, and to recover the fame as aforefaid; Provided nevertheless, That no further fum fhall be recovered for continuing the advertisement after fix weeks. I. CHAP. IX. AngACT for the Prefervation of Heath-Hens and other Game. Paffed 15th February, 1791. BE E it enalled 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 if any perfon or perfons fhall kill any heath-hen within the county of Suffolk or Queens, or fhall 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 refpect to heath-hens, partridge and quail, between the first day of April and the fifth day of October, and with refpect to woodcock, between the twentieth day of February and the first day of July, in any year after the paffing of this act (including nevertheless the prefent year) every fuch perfon or perfons fhall for every fuch offence, forfeit and pay the following fums, that is to fay; for every heath-hen or partridge fo killed, the fum of twenty fhillings, and for every quail or woodcock fo killed as aforefaid, the fum of five fhillings, to be recovered with cofts of fuit, by any perfon or perfons who fhall fue for the fame, before any juftice of the peace, in either of the faid counties, who is hereby authorised and directed to hear and determine the fame; the one half of which forfeiture, when recovered, fhall be paid to the perfon or per-1 fons who fhall fue for the fame, and the other half to the overfeers of the poor where the conviction fhall be had; And if any heath-hen, partridge, quail or woodcock fo killed as aforefaid, fhall be found in the poffeffion of any perfon or perfons, fuch perfon or perfons fhall be deemed guilty of the offence and fuffer the penalty aforefaid. Provided always, That no perfon or perfons fhall be convicted upon this act, unless the fuit fhall be commenced within three months after the offence committed. II. And be it further enacted by the authority aforefaid, That all former acts and laws concerning heath-hens, fhall be, and hereby are repealed. 1. CHAP. X. An ACT for dividing the County of Montgomery. A certain tract of Pafled 16th February, 1791. E it enailed 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 that tract of land in the county of Montgomery, land herein defcribed beginning at the eighty-two mile ftone, in the line between in the county of Mont- this flate and the commonwealth of Pennsylvania, and runa feparate county, by ning from thence due north until the north-weft corner of the name of Tioga. the township number twenty-one, in the military tract, gomery, erected into bears east, then eat croffing the Seneca Lake to the Cayuga Lake, then easterly to the north-west corner of township number twenty-three, in the mili tary tract aforesaid, then eaft along the north bounds of the faid township number twenty-three, and the north bounds of the townships number twen ty-four and twenty-five, and fo continuing the fame courfe to the welt bounds of the twenty townships lately laid out for fale by this ftate, then along the fame twenty townships north, to the north-west corner of the township number twelve in the faid twenty townships, then east to the Una dilla River, then down the middle of the westerly ftream of the fame river to its junction with the Sufquehannah 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 faid partition line, between this state and the commonwealth of Pennsylvania, and then along the fame partition line to the place of beginning, fhall be, and hereby is erected into a feparate county, and shall be called and known by the name of Tioga. II. And be it further enacted by the authority aforefaid, A certain tract of That all that tract of land to the northward of the faid county of Tioga, and weft of the Seneca Lake and the military lands, fhall be, and is hereby annexed to the county of Ontario. land annexed to Onta rio county. and herein defcribed gomery, erected into III. And be it further enalled by the authority aforefaid, A certain tract of That all that tract of land in the faid county of Montgo. in the county of Mont- mery, beginning at the fouthweft corner of the town of a feparate county by Mohawk, and running thence wefterly to the foutheaft the name of Otfego, corner of a tract of land formerly granted to William Colby, and then wefterly along the fame, and along a tract of land formerly granted to Frederick Morris, and a tract of land formerly granted to John Lyne, to the southwest corner thereof, then wefterly to the northeast corner of a tract of land formerly granted to John Groefbeck, called Springfield, then along the north bounds thereof and the fame line continued to the town of German Flatts, then foutherly along the eaft bounds of the town of German Flatts to the foutherly bounds of a tract of land formerly granted to Theobald Young, then along the foutherly bounds thereof northwefterly to a tra& of land formerly granted to William Bayard and others, called the Free Mafons Patent, then foutherly and wefterly along the fame to the Unadilla river, then down the fame river and along the faid county of Tioga to the Delaware river to the county of Ulfter, and then northerly along the coun ties of Ulfter and Albany to the place of beginning, fhall be, and hereby is erected into a separate county, and shall be called and known by the name of Otfego. Montgomery county name. IV. And be it further enalted by the authority aforefaid, A certain part of That all that part of the faid county of Montgomery, beto retain its former ginning at the foutheast corner of the town of Mohawk, and running from thence along the foutherly bounds thereof and along the northerly bounds of the faid county of Otfego 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 Jerfey Field, then along the fame foutheasterly and northeasterly to the easterly corner thereof, then due eaft to the county of Saratoga, and then foutherly along the counties of Saratoga and Albany to the place of beginning, fhall continue and remain a feparate county, and be called and known by the name of Montgomery. V. And be it further enacted by the authority aforefaid, land hersin defcribed That all that tract of land, bounded wefterly by the county A certain tract of by the name of Herkemer. erected into a county of Ontario, northerly by the north bounds of this ftate, easterly by the counties of Clinton, Washington and Saratoga, and foutherly by the counties of Montgomery, Otfego and Tioga, fhall be, and hereby is erected into a feparate county, and fhall be called and known by the name of Herkemer. joharie town which VI. And be it further enacted by the authority aforefaid, That part of Cana. That all that part of the town of Canajoharie which is inis in Otfego county, to cluded in the faid county of Otfego, fhall be, and hereby is be a feparate town by erected into a town by the name of Cherry-Valley; and the first town meeting in the faid town of Cherry-Valley, fhall be held at the house of Benjamin Griffin. the name of Cherry Valley. Flatts town annexed VII. And be it further enacted by the authority aforefaid, Part of German That all that part of the town of German Flatts, which is to Otfego town, in included in the faid county of Otfego, fhall be, and hereby is annexed to the town of Otfego, in the fame county. Olego county. Parts of Palatine & Caughnawaga towns VIII. And be it further enacted by the authority aforefaid, That all thofe parts of the towns of Palatine an Caughna annexed to Herkemer Waga, which are included in the faid county of Herkemer, town in Herkemer fhall be, and hereby are annexed to the town of Herkemet, County. ded into towns, and in the fame county. IX. And be it further enacted by the authority aforefaid, Tioga county divi- That all that part of the faid county of Tioga, laying weftplaces afligned for the ward of the Cayuta creek and the township number twens firft town incetings. ty-two in the military tract, fhall be, and hereby is erected into a town by the name of Chemung; and the first town-meeting in the fame town fhall be held at the house of George Homwell. And that all that part of the faid county of Tioga, bounded foutherly by Pennfylvania, wefterly by the town of Chemung as laft limited, northerly by the north bounds of the fame county of Tioga, and eafterly 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, fhall be, and hereby is erected into a town by the name of Owego; and the first town meeting in the fame town fhall be held at the houfe of Samuel Ranfom. And that all that part of the faid county of Tioga, bounded foutherly by Pennfylvania, westerly by the faid town of Owego, northerly by the north bounds of the faid county of Tioga, and easterly by the rivers Chenango and Suf quehannah, fhall be, and hereby is erected into a town by the name of Union; and the first town-meeting in the fame town fhall be held at the houfe of Nehemiah Spalding. And that all that part of the faid county of Tioga, bounded foutherly by the tract of land called Chenango, and the tract of land called Warren, wefterly by the faid town of Union, northerly by the north bounds of the faid county of Tioga, and easterly by the county of Otfego, fhall be, and hereby is erected into a town by the name of Jerico; and the first town-meeting in the fame town, fhall be held at the house of William Guthrie. And that all the remaining part of the faid county of Tioga, bounded foutherly by Pennfylvania, wefterly by the faid town of Union, northerly by the faid town of Jerico, and eafterly by the counties of Otfego and Ulfter, fhall be, and hereby is erected into a town by the name of Chenango; and the firft town-meeting in the fame town fhall be held at the house of Benjamin Bird. X. And be it further enacted by the authority aforesaid, That the freehold ers and inhabitants of the feveral towns erected by this act, fhall be, and here |