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be subscribed and paid in to such bank or company.

2. And be it enacted, That in case of the neglect or refusal of the president and directors of Treasurer either of the said companies to pay or cause to cute. be paid into the treasury of the state, the amount of tax levied upon such company by this act, for the space of thirty days after the annual period in the first section of this act prescribed, it shall be the duty of the treasurer of this state to make return to one of the justices of the supreme court of the amount of the tax levied as aforesaid and unpaid, whose duty it shall be to issue a warrant under his hand and seal, in the name of the treasurer of the state, directed to the sheriff of the county where the goods, chattels, lands, tenements and hereditaments and real estate of such delinquent company are situated, requiring him to levy the tax so in arrear, with interests and costs, by distress and sale of the personal and real estate of such delinquent company, who shall proceed to make levy and sale thereof, as in other cases where executions issue against personal and real estate, and shall pay the amount levied to the treasurer of the state, and in default thereof shall be proceeded against in [Rev. 201] the manner prescribed by the act entitled "An act concerning sheriffs."

AN ACT relative to the accounts of the treasury and the state-prison.

Passed November 3, 1810.

Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is

and state

hereby enacted by the authority of the same, That it shall be the duty of the treasurer of the state, and of the keeper of the state-prison, for Accounts the time being, and they are hereby required of treasury to have their respective accounts of the treasury prison. and of the state-prison ready for examination and settlement on the fourth Tuesday of October in every year, and that to this end they be and are hereby authorised to close their accounts for the year on the fifteenth day of October in every year hereafter.

AN ACT for the protection of Steam-Boats owned and navigated by citizens of this state.

Passed January 25, 1811.

WHEREAS in and by an act of the legislalature of the state of New-York, passed Preambles April the eleventh in the year of our Lord one thousand eight hundred and eight, it is provided that no person or persons, without the license of the persons entitled to an exclusive right to navigate the waters of that state (under a law of the same) with boats moved by steam or fire, or those holding a major part of the interest in such privilege, shall set in motion or navigate upon the waters of the said state or within the juris diction thereof, any boat or vessel moved by steam or fire; and that the said person or persons so navigating with boats or vessels moved by steam or fire, in contravention of the said exclusive right, shall forfeit such boat or boats and vessels, together with the engine, tackle and apparel thereof, to the persons claiming such exclusive right: And

Comp. 174 to 178.

whereas the state of New-York do unjustly claim a jurisdiction exclusively of the state of New-Jersey, over all the waters lying and being between the shores of the two states; And whereas the citizens of New-Jersey have a full and equal right to navigate and have and use vessels or boats upon all the waters lying between the states of New-Jersey and New-York, in all cases whatever, not prohibited by the constitution or any law of the United States: Therefore,

Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, That in case any person or persons shall under color of any law of the state of New-York seize and take into possession any boat whatever moved by steam or fire, belonging, or to belong in part, or in whole, to a citizen or citizens of New-Jersey, lying on waters be tween the ancient shores of the said states of New-Jersey and New-York, under pretence of violation of the law of New-York beany fore mentioned; that then and in such case, it shall and may be lawful for any owner or owners in part or in whole of such boat, as may have been seized as aforesaid, to seize and take into possession any boat or boats moved by steam or fire, belonging to or possessed in part or in whole, by any citizen of the state of New-York, lying and being within any river, creek or bay, the whole waters whereof are within the territorial jurisdiction of New-Jersey, exclusively of New-York; which boat or boats so seized as aforesaid shall be forfeited, together with the engine, tackle and apparel thereof, to the owner or owners, as the case

may be, of such boat or boats which may have been seized as aforesaid under the law aforesaid of the state of New-York: Provided always, That nothing in this act contained shall be so construed as to have any operation against any patent, right, or privilege, obtained under the constitution, or any law of the United States, or to interfere with the jurisdiction of the courts of the United States, or so as to authorize any detention of any boat or boats with their appurtenances aforesaid, seized in virtue of this act, after there shall have been a full delivery of such boat or boats, with their appurtenances aforesaid, which may have been seized or forfeited under color of the act aforesaid of the state of New-York, in as ample and complete condition as they had been at the time when such boat or boats may have been seized or forfeited as aforesaid, to such person or persons as may then have been the owner or owners thereof.

AN ACT to regulate Gun-Powder Manufactories and Magazines within this state.

Passed February 7, 1811.

Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, That from and after the first day of May next no person or persons whatsoever, shall be permitted within this state to erect or establish, or cause to be erected or established, any manufactory which shall be actually employed in manufacturing gun-powder, either by himself or any other person, either on his own land or

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the land of another, within the distance of a quarter of a mile from any town or village or house of public worship; or within the distance of a quarter of a mile from any dwelling house, barn or out house, without the consent under hand and seal of all and every the owner or owners of such dwelling-house, barn or out house, as aforesaid; and any person so offending shall be guilty of a misdemeanor, and on conviction thereof shall be fined any sum not exceeding two thousand dollars: Provided, That nothing in this section shall be so construed as to prevent the completing, rebuilding or repairing any powder mill now erected or erecting in this state on the site on which the same shall be now erected or crecting.

2. And be it enacted, That no person or persons hereafter shall be permitted to erect or cause to be erected any powder magazine within this state, either upon his own land or the land of any other person, and actually deposit gun powder therein, within the distance of half a mile from any town or village, house of public worship, dwelling-house or out house. And any person so offending shall be guilty of a misdemeanor, and on conviction thereof shall be fined not exceeding the sum of. two thousand dollars.

AN ACT to ratify an amendment to the constitution of the United States.

Passed February 13, 1811.

Sec. 1. BE IT ENACTED by the coun cil and general assembly of this state, and it is

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