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That the perfon adminiftring the government of this ftate for the time being, by and with the advice and confent of the council of appointment, shall annually appoint fo many perfons within this ftate, to be vendue mafters or auctioneers, as they fhall judge proper; Provided always, That the number to be appointed in and for the city and county of New-York, fhall not exceed twelve in any one year.

II. And be it further enacted by the authority aforefaid, That all licences heretofore given to any vendue mafter or auctioneer, fhall, from and after the Grit day of May next, ceafe, and hereby are declared to be void and of none effect, and every perfon who shall act as a vendue mafter or aucti oneer after the faid first day of May next, in purfuance of fuch licence, fhall be liable to the penalties in the faid act mentioned, in like manner as if he had not obtained fuch licence.

III And be it further enacled by the authority aforefaid, That no perfon hereafter to be appointed a vendue mafter or auctioneer, fhall enter upon the execution of his office, until he shall have first entered into a recognizance as is directed in and by the faid act.

IV. And be it further enacted by the authority aforefaid, That every vendue mafter or auctioneer heretofore licenced, fhall, within twenty days after the faid first day of May next, account for, and pay into the treasury of this ftate, the duties belonging to the people of this ftate, arifing from the fale of goods, wares and merchandize, or effects by him made as vendue mafter or auctioneer, and not before accounted for.

V. And be it further enacted by the authority aforefaid, That all goods, wares, and merchandize or effects whatsoever, which fhall or may at any time or times from and after the faid first day of May next, be expofed to fale at public vendue, auction or out-cry within the city of New-York, by any perfon or perfons duly qualified and licenced thereto, fhall be expofed to fale at public vendue, auction or out-cry in open day, between fun-rife and fun-fet; and that any perfon or perfons who fhall expofe to fale any goods, wares, merchandize or effects, contrary to the true intent and meaning hereof, fhall be deemed for fuch offence to have forfeited his or their licence, and be thereafter difqualified from acting as a vendue mafter or auctioneer. Provided always, That nothing herein contained fhall extend to any public fale, vendue or auction to be had or made for the purpofe of felling or difpofing of any public fecurities or flock created under the acts of congrefs, or of any books or prints, except fuch books or prints as are prohibited by law. VI. And be it further enacted by the authority aforesaid, That all monies which fhall be paid into the treafury in purfuance of the faid act, and this act, be, and hereby are appropriated for the fupport of the civil government of this ftate.

CHA P. XXVIII.

An ACT to prevent Obftructions to Docks and Wharves, in the City of

New-York.

Paffed 10th March, 1791.

IBEt eralled by the people of the fate of New-York, represented in fenate and affembly, and it is hereby enacted by the authority of the fame, That from and after the firft day of May next, if any mafter or commander, owner or owners of any fhip or veflel, fhall difcharge or caufe to be discharged from fuch fhip or veffel, any ballaft, confifting of earth, gravel, or ftones, in

to any dock, or upon any wharf within the city of New-York, without the confent of the owner or wharfinger, having charge of such dock or wharf, firft obtained, fuch mafter, or commander, owner or owners, fhall, for every fuch offence, forfeit and pay to fuch owner or wharfinger, having charge of fuch dock or wharf, the fum of twenty fhillings, to be recovered before any court having cognizance of the fame.

II. And be it further enacted by the authority aforefaid, That upon the neglect or refufal of any mafler or owner of any fhip or veffel, to remove, or caufe to be removed fuch fhip or veffel, backwards or forwards at the fame wharf, at the direction of any wharfinger, having the charge of fuch wharf, or of the owner thereof, fuch mafter or owner fhall, for every fuch offence, forfeit and pay to the faid wharfinger or owner of fuch wharf, the fum of five pounds, to be recovered with coils of fuit, in manner aforefaid.

III. And be it further enacted by the authority aforesaid, That any mafter or commander, owner or owners, of any fhip or vellel, having discharged any ballaft of the description aforefaid, upon any wharf, without the confent of the owner or wharfinger, having charge of the faid wharf, and fhall neglect or refuse, after notice in writing, to remove the fame; fuch mafter or commander, owner or owners, fhall forfeit and pay daily, and every day, during fuch refufal or neglect, the fame fum, as is by law chargeable for the wharfage of fuch fhip or veffel, which difcharged fuch ballaft as aforefaid. Provided nevertheless, That no agent or agents, factor or factors, tranfacting for any perfon or perfons refiding out of, or abfent from this ftate, fhall be liable to the penalties impofed by this act, unless an account thereof be delivered to fuch agent or agents, factor or factors, or left at his or their ufual place of abode, and the money demanded before the departure of fuch veffel from port, any thing herein contained to the contrary notwithftanding.

IV. And be it further enacted by the authority aforefaid, That any carpenter or other perfon, employed in repairing, heathing, or graving any hip or velel, being in any dock within the city aforefaid, who fhall throw, or caufe to be thrown into any fuch dock, any timber, fheathing, boards, or any other matter or thing whatfoever, tending to fill up and obftruct fuch dock, fhall, for every fuch offence, forfeit and pay to the owner of fuch dock or wharfinger, having charge of the fame, the fum of forty fhillings, to be recovered in manner aforefaid.

CHA P. XXIX.

* 11th feff. ch. 92. Ar ACT Supplementary to the A, entitled,* An Act for giving Relief in Cafes of Infolvency, and the All, entitled, An Al for the Relief of Debtors with respect to the Imprisonment of their Perfons. Paffed 10th March, 1791.

L BE i 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 where it fhall appear to the affignee or affignees of any infolvent debtor, who hath been, or fhall be difcharged under the act above-mentioned, that there hath been mutual credit given by the faid infolvent, and any other perfon or perfons, or that mutual debts fubfifted between the faid in folvent, and any other perfon or perfons, before fuch infolvent prefented his petition, praying the benefit of the act aforefaid, the affignee or affignees of fuch infolvent, fhall flate the account between them, and one debt may be fet again?

another, and what fhall appear to be due on the balance of fuch account, and on fetting fuch debts against one another, and no more, shall be claimed or paid on either fide, refpectively..

il. And be it further enacted by the authority aforefaid, That every perfon who now is or hereafter fhall be confined in gaol on execution, and fall have remained in gaol the space of one year, fhall be entitled to the benefit of the act entitled, An act for the relief of debtors with respect to the imprisonment of their perfons, although the fun or fums of money for which fuch perfon is or fhall be charged in execution fhall exceed the fum of two hundred pounds. Provided the fame does not exceed the fum of one thou fand pounds.

CHA P. XXXII.

An ACT for vefting a certain Traci of Land in Trußees for the benefit af
Peter Ofequette.
Pafled 18th March, 1791.

I.

B Eit ended by the people of the fate of New-York, reprefented in jenate and affembly, and it is hereby enaded by the authority of the fume, That the commiffioners of the land-office fhall as foon as conveniently may be, cause to be laid out and furveyed for Peter Otfequette of the Wolf Tribe, of the Oneida Nation, a tract of one thousand acres of land, at fuch a place in the county of Herkemer, as they may find inoft fuitable for the purpose, adjoining to or near the lands called the Oneida Refervation, and fhall caufe letters patent to be ifiued for fuch tract, granting the fame to the fecretary, the treasurer and the attorney-general of this ftate for the time being, and their fucceflors in office forever; in truft to permit and fuffer the faid Peter Orfequette, during his natural life, and the iffue of his body during their refpective natural lives, as long as there fhall be any fuch iffue remaining, to occapy, improve and enjoy for his and their own ufe and benefit, so much of the faid tract, as the faid truflees may, from time to time, think necessary for that purpofe; and in truft from time to time to let out and leafe to fuch perfon or perfons, and upon fuch terms and conditions, and for fuch time, not exceeding twenty-one years, or three lives, as the faid truflees may think proper, all fuch parts of the faid tract of land as may at any time be unoccupied or unimproved by the faid Peter Otfequette or his iflue, and to pay the rents thereof to the faid Peter Otfequette during his life, and after his death to pay the fame to the influe of the body of the faid Peter Otfequette during their rel pective natural lives, equally to be divided among them, and for and upon no other ufe or truft whatfoever.

II. And be it further enacted by the authority aforefaid, That it fhall not be lawful for the faid trustees at any time, to make any leafe in reverfion of any part of the faid tract, and every fuch leafe shall be void,

1. B

CHAP. XXXIII.

An ACT for dividing the Towns therein mentioned.
Paffed 18th March, 1791.

E it enacted by the people of the Hate of New-York, reprejented in fenate and affembly, and it is hereby enacted by the authority of the fume, Part of Stephen. That from and after the first Monday in April next, all that sounty, erected into a part of the town of Stephen-town, in the county of Renf

Town, in Renfelner

Renflelaerwyck erect

name of Troy.

town by the naine of felaer, which lies north of a line to be drawn eaft and weft Peterburgh, & place' fixed for the first town from the fouth bounds of Peter Seamon's farm, until it inmeeting. terfects the east and west bounds of the faid town of Stephen-town, fhall be, and is hereby erected into a diftinct and feparate town by the name of Petersburgh, and that the first town-meeting of the inhabitants of Petersburgh, shall be held at the house of Hezekiah Coone, in the faid town; and that the next town-meeting of the inhabitants of the town of Stephen-town, fhall be held at the dwelling-houfe now occupied by Joshua Gardner, in faid town. 11. And be it further enacted by the authority aforefaid, Part of the town of That from and after the first Monday in April next, all that ed into a town by the part of the town of Renflelaerwyck, in the county of Renfelaer, which lies north of a line to be drawn from a point on the eaft bank of Hudson's River, fixteen miles diflant from the fouthweft corner of the town of Renflelaerwyck, and running from thence eaft to the west bounds of the town of Petersburgh, fhall be, and is hereby erected into a diftinct and feparate town by the name of Troy, and that the firfl town-meeting of the faid town of Troy fhall be held at the dwelling-house now occupied by Stephen Afhley, in the faid town, and that the next townmeeting of the town of Renflelaerwyck, fhall be held at the dwelling-house of James M'Kown, in the faid town. III. And be it further enacled by the authority aforefaid, That from and after the firth day of April next, all that part of the town of Watervliet, in the county of Albany, which is bounded as follows: South, by the town of Cockfakie; weft, by the town of Renflelaer-ville; north, by the north bounds of Coeyman's patent of confirmation; and eaft, by the county of Renfielaer, fhall be, and hereby is erected into a feparate and diflinct town, by the name of Coeymans; and the firl town-meeting in the faid town, fhall be held at the prefent dwelling-houfe of Anthony Egbertfe, in the faid town.

Part of the town of

Watervliet erected in

to a town by the name

of Coeymans.

Part of the town of into a town by the

Haverftraw erected

name Town.

IV. And be it further enacted by the authority aforefaid, That from and after the first day of April next, all that part of the town of Haverfraw, in the county of Orange, bounded wefterly by a line beginning at the north-weft corner of the land of John M. Hogenkamp, called his middle town lot, and running from thence north three degrees weft, to the divifion line between the north and fouth moiety of the patent of Kakiate, and then along the fame, caft, to the line of divifion, between the eaft and weft four hundred acre lots, of the faid north moiety, and then along the laft mentioned divifion line, and continuing the fame to the line of divifion between the mountain lots, upon the top of the Verdrietege-Hook mountain, and northerly by the line running along the top of the faid mountain, between the faid mountain lots, to the caft end thereof, and from thence to the head of the ftream of water which runs from the Long Clove to Hudson's River, and then along the fame ftream of water to Hudson's River, eafterly by Hudson's River, and foutherly by Orange-Town, fhall be, and hereby is erected into diftinct and feparate town, by the name of Clark's-Town; and the first town-meeting of the inhabitants of Clark's-Town, fhall be held at the courthouse at the New City, in the fame town. And that all Part of faid town that part of the faid town of Haverstraw, bounded eafterly into a town, by the by Clark's-Town, foutherly by New-Jerfey, wefterly by name of New-Hamp- New-Cornwall, and northerly by a line running from the

of Haverftraw erected

cad.

north west corner of Clark's-Town, along the fouth bounds of the lands of Francis Gurnie and Benjamin Coe, and along the north bounds of the land of Gabriel Concklin and Jonathan Seaman, and the fame course continued to the bounds of New-Cornwall, fhall be, and hereby is erected into a diftinct and feparate town, by the name of New-Hampftead; and the first town-meeting of the inhabitants of New-Hampftead, fhall be held at the dwelling-houte of Theunis Cuyper, in the fame town; and that the refidue of the faid town of Haverstraw, fhall remain and continue a diftinct and feparate town, by the name of Haverftraw, and the next townmeeting of the inhabitants of the fame town, shall be held at the dwellinghoufe of David Burns, in the fame town.

V. And be it further enacted by the authority aforesaid, That the freehold. ers and inhabitants of the feveral towns erected by this act, shall be, and hereby are empowered to hold town-meetings and elect fuch town officers as the freeholders and inhabitants of any town in this ftate may do by law: And that the freeholders and inhabitants of the faid feveral towns, and the town officers to be by them refpectively elected, shall have the like powers and privileges as the freeholders, inhabitants and town officers of any other town in this flate, may exercife by law.

VI. And be it further enacted by the authority aforefaid, That the poor now belonging to the town of Haverftraw, prior to this divifion, and every perfon now entitled to a fettlement therein, and who fhall become poor, fhall be fupported and maintained at the joint expence of the towns of Haverfiraw, Clark's-Town and New-Hampftead, in the fame proportion, as the neceffary and contingent charges of the county, fhall, from time to time, be laid upon the faid towns refpectively.

VII. And be it further enacted by the authority aforefaid, That the contingent charges and expences of the feveral towns aforefaid, that have already arifen, or fhall arife before the fift day of April next, fhall be affeffed, levied and paid in manner and form as if this act had not pafled.

Vill. And further, That all permits granted to any perfon or perfons, to retail fpirituous and strong liquors, or to keep an inn or tavern, in either of the faid towns, before the first day of April next, agreeably to an act to lay a duty of excife on ftrong liquors, and for regulating inns and taverns, fhail in no wife be injured or affected by the paffing this act.

IX. And be it further enacted by the authority aforefaid, That the expence of running the divifion lines between the refpective towns of Renflelaerwyck and Troy, and of Stephen-Town and Petersburgh, fhall be paid in equal moieties by each of the faid towns,

X. And be it further enacted by the authority aforefaid, That as foon as may be convenient, after the firft Tuesday of April next, the fupervifors and overfeers of the poor, for the towns of Stephen-Town and Peterburgh, fhall, by a notice to be given for that purpofe, by the fupervifor of the town of Stephen-Town, meet together and apportion the poor maintained by Stephen-Town, at the time of the divifion thereof, between the faid two towns, in an equitable manner, and the faid towns, respectively, shall thereafter maintain their refpective poor.

XI. And be it further enalled by the authority aforefaid, That as foon as may be, after the firft Tuesday of April next, the fupervifors and overfeers of the poor, for the towns of Renfielaerwyck and Troy, fhall, by notice to be given for that purpofe, by the fupervifor of the town of Renflelaerwyck, meet together and apportion the poor maintained by the town of Renfe

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