duties im

posed on

above.

June one thousand seven hundred and eighty one, and the first Tues- perform day in May one thousand seven hundred and eighty four, and also in case any of the executors or administrators of such of the said collectors them as as have since died, and also in case any of the present collectors of any of the cities wards towns manors districts or precincts in any of the counties in this State shall neglect or refuse to do and perform any of the duties required of them by this act, all and every such former collector his executors and administrators, and all and every present collector so neglecting or refusing to do and perform any of the duties aforesaid, in manner and form aforesaid, shall forfeit and pay to the people of this State the penal sum of one hundred pounds, besides costs, to be sued for and recovered in the name of the treasurer of the county where such neglect or refusal shall or may happen, and by such treasures of the county be paid into the treasury of this State; provided Proviso; where not always that none of the said forfeitures or penalties shall extend to such in power of of the said persons, or of the said executors or administrators who shall persons to perform. not have it in their power to procure and deliver the said tax lists according to the true intent and meaning of this act.

treasurer

And be it further enacted by the authority aforesaid, That in case any Penalty if of the said county treasurers shall neglect or refuse without delay to county prosecute to effect for the recovery of any such forfeitures or penalties neglects to aforesaid by him to be sued for and recovered, every such county treas- prosecute. urer so neglecting or refusing, shall for every such neglect or refusal forfeit and pay to the people of this State the penal sum of two hundred pounds, to be recovered with costs in any court of record in this State, in the name of the treasurer thereof; and it is hereby declared to be the duty of the said treasurer, and he is hereby required to prosecute for

the same.

this to

with dis

And be it further enacted by the authority aforesaid, That the secretary Printed of this State shall with all convenient despatch, procure a sufficient cost number of copies of this act to be printed, and transmit the same with- be forthout delay to the several treasurers of the respective counties in this tributed by State, by them to be forwarded as soon as possible to the several super-secretary visors assessors and collectors in the said counties respectively. And be it further enacted by the authority aforesaid, That the act enti- Certain act tled An act for the appointment of commissioners to procure monies on therein loan and clothing for the use of this State, passed the 7th day of March pealed. 1781, shall be and the same is hereby declared to be repealed, so far as the same imposed a tax on the articles therein enumerated. Provided Proviso; nevertheless, that such repeal shall not be construed so as to excuse the act collection of any arrears due on any former assessment made in conse- sessments

quence of the said act.

named re

affect as

already

made.

Schoharie,

And be it further enacted by the authority aforesaid, That the tax Duanesquoted on the united districts of Duanesburgh and Schoharie in the burg and monies by tax," passed 25th March 1783, is hereby remitted. County of Albany, in pursuance of the act entitled "An act for raising certain tax

remitted.

taxed has

another

of the persons who have been rated or taxed on any of the aforesaid person And be it further enacted by the authority aforesaid That in case any Where acts shall have removed to and reside in another county than where he removed to was rated or taxed, then and in every such case the several collectors of county, the district out of which such person shall so have removed shall and how tax may prosecute for the arrears of taxes due by such person so having removed as aforesaid before any justice of the county in which such person so having removed shall reside; and such justices and every of them are hereby authorized and required to hear try and determine the

collected.

Former collectors to immedi

ately rencounts to

der ac

supervi

sors.

Courts of record to

of State

same, in the like manner as if such person so rated or taxed had not removed as aforesaid.

And be it further enacted by the authority aforesaid That every of the said former collectors shall and they are hereby required without delay to appear before the present supervisor of the ward town manor precinct or district where such collector shall have been chosen, and deliver to such supervisor an account on oath or if of the people called Quakers affirmation of all and every the sum and sums of money which any such collector shall have received or collected for taxes on any of the aforesaid acts, and which said oath or affirmation the said supervisors are hereby respectively authorized and required to administer; and that the said several supervisors who shall receive such account on oath as aforesaid shall without delay deliver the same to the treasurer of the county.

And be it further enacted by the authority aforesaid, That the clerks ale in office of the respective courts of record in this State shall and it is hereby treasurer declared to be their duty on or before the first day of March next, transmit and file in the treasury of this State an account or list of all and every the fines and amerceaments which have been laid or adjudged in any of the courts of record in this State since the first day of April one thousand seven hundred and eighty.

list of all fines and amercea

ments imposed by

virtue of this act.

Sheriffs to

all fines

ceaments collected

by them.

And be it further enacted by the authority aforesaid That the respecrender ac- tive persons who have been appointed a sheriff or sheriffs of any of the counts of counties of this State since the twentieth day of May one thousand and amer- seven hundred and seventy seven, and the present sheriffs of any of the said counties shall and they are hereby required on or before the first day of June next to exhibit and file on oath an account or list of all such monies which they shall have received for any of the fines or amerceaments aforesaid, and the several days they have levied or received the same, and deliver such account to the auditor of this State for settlement; and that every such person who has been or now is sheriff as aforesaid, who shall neglect to do the same, shall forfeit and pay to the people of this State the penal sum of five hundred pounds, besides costs, to be sued for and recovered in the name of the treasurer of this State; and it is hereby declared to be the duty of the said treasurer to prosecute for the same.

Penalty

for neg lect.

Sheriffs

to give security in the sum of £200.

And be it further enacted by the authority aforesaid, That every person hereafter hereafter to be appointed to the office of sheriff of any city or county within this State before he be permitted to exercise the said office shall give and enter into bond to the people of this State in the penal sum of two hundred pounds with two sufficient sureties being freeholders, each in the penal sum of one thousand pounds, conditioned that such sheriff shall well and faithfully in all things perform and execute the said office of sheriff without fraud deceit or oppression, which bonds shall be filed in the clerks office of the counties respectively, for which the respective sheriffs shall be appointed, and the said clerks respectively shall judge of and determine the competency of such sureties.

Bonds,

where filled.

CHAP. 17.

AN ACT for the payment of certain contingent expences, and for other purposes therein mentioned.

PASSED the 29th of November, 1784.

pay

Be it enacted by the People of the State of New York, represented in Treasurer Senate and Assembly, and it is hereby enacted by the authority of the same, to nies That the treasurer of this State shall out of the monies which now are out of or hereafter may be in the treasury and not otherwise specially appro- to certain treasury priated pay the following sums of money, and to the following persons persous. to wit.

gress.

To each of the delegates of this State at and after the rate of five Delegates dollars per day for such time as they have attended or shall attend or to Conwere going to or returning from Congress to their respective places of abode, according to such accounts as they shall respectively produce audited by auditor of the State, provided that the monies from time to time advanced to the said delegates shall be charged to their accounts respectively, and the treasurer is hereby authorized to advance to each of the delegates respectively who shall attend in Congress a sum not exceeding two hundred pounds.

of Senate

To the several members of the Senate and Assembly for each and Members every day they shall have severally attended in Senate and Assembly and during the present meeting of the Legislature and for each and every Assembly. day they shall have been or may be travelling to and from their respective places of abode, to the place of the said meeting of the Legislature each the sum of sixteen shillings per day, agreeable to such accounts thereof as they shall severally produce certified by the president of the Senate or speaker of the Assembly as the case may be; the account of the president of the Senate to be certified by the clerk of the Senate, and the account of the speaker of the Assembly to be certified by the clerk of the Assembly.

ment.

To the former members of the council of appointment at and after Council of the rate of sixteen shillings per day during their attendance on the appointcouucil in the recess of the Legislature, and for the time of their travelling from and to their respective places of abode, according to such accounts as the clerk of the said council shall certify.

Senate and

To John McKesson Esquire clerk of the Assembly, and Abraham B. Clerks of Bancker Esquire clerk of the Senate for their services in their respec- Assembly. tive stations during the present meeting of the legislature, each thirty shillings per day, and for several sums by them severally advanced for the use of the Senate and Assembly respectively, the amounts of such accounts thereof respectively as they shall severally produce certified by the president of the Senate or speaker of the Assembly, as the case may require.

ate and

To the door keepers of the Senate and Assembly during the present Doorkeepmeeting of the legislature each sixteen shillings per day agreeable to ers of Sensuch certificates thereof as they shall respectively produce, certified by Assembly. the president of the Senate or speaker of the Assembly.

due per

And whereas in and by the forty sixth section of the act entitled Preamble: "An act for the speedy sale of the confiscated estates within this State as to debts and for other purposes therein mentioned, passed the 12th day of May sons 1784 it is declared that citizens of this State who are indebted to any tates are persons whose real or personal estates are forfeited to the people of this forfeited.

whose es

payment extended.

Robert

Henry et al. for

State should and might pay such debts into the treasury of this State within six months after the passing of the said act, and whereas it is deemed expedient that a farther time should be given for the payment of the said debts, be it therefore enacted by the authority aforesaid that it shall and may be lawful for such debtors, and for such person or persons who have purchased any lands which were at the time of such purchase mortgaged and which mortgages have become forfeited as aforesaid to pay the monies as provided in and by the said act and the monies due on such mortgages into the treasury, provided the same be so paid on or before the first day of November next; and the commissioner or commissioners are hereby inhibited from suing for and recovering the said debts untill after the said first day of November, any thing in the said forty sixth section to the contrary notwithstanding.

And be it further enacted by the authority aforesaid, That it shall and may be lawful for the treasurer of this State to pay out of any monies stove de- in his hands unappropriated to Robert Henry or Matthew Watson the sum of thirty seven pounds for an iron stove the property of the Presbyterian Church in the city of Albany which was destroyed by fire while in the use of the Legislature of the State at Kingston.

stroyed.

Advances to agents

cating rights of this State

66

And be it further enacted by the authority aforesaid, That it shall and ford may be lawful for the treasurer of this State and he is hereby required to advance unto the agents appointed in pursuance of the act entitled An act to appoint agents or commissioners for vindicating the right In the con- and jurisdiction of this State against the claims of the Common wealth of the Massachusetts pursuant to the Articles of Confederation and Perpetual Union of the United States passed during the present meeting of the legislature," or to any two of them, on their receipt, such sum or or sums of money as they shall require to defray the expence of the trust reposed in them, not exceeding one thousand pounds, for which they shall be accountable.

troversy with Massachusetts.

Auditor audit ac

levies

And be it further enacted by the authority aforesaid, That it shall and counts of may be lawful for the auditor to audit the accounts of the levies of this State who were from time to time drafted in the Continental line of into conti- this State on the officers under whose command the said levies served nental line producing the necessary proofs to the auditor from the paymaster of

drafted

and issue

certificates.

William Roe, for services during late war.

Collector

of customs

at New

York to remit cer

the regiment in which the levies respectively served the time of their inlistment and which have not been settled with by the paymaster general and charge the same to the account of the United States, and the treasurer is hereby directed to grant certificates to the levies aforesaid in like manner as has been granted to the levies and militia of this State agreeable to an act entitled An act for the settlement of the pay of the levies and militia for their services in the late war and for other purposes therein mentioned, passed 27th day of April 1784.

And be it further enacted by the authority aforesaid That it shall be lawful for the treasurer of this State to pay William Roe out of any unappropriated monies in his hands the sum of twenty pounds in consideration of services rendered by him to the United States in the course of the late war, and charge the same to the account of the United States.

And be it further enacted by the authority aforesaid, That it shall and may be lawful for the collector of the customs at New York and he is hereby authorized and required to remit the duties accrued on merchantain duties, dize consigned to Samuel Franklin & Co. and to be by them forwarded to New Port in the State of Rhode Island, and were exported by them accordingly, & for payment whereof they have given bonds to the said collector, the said Samuel Franklin & Co. first producing to the

said collector proper certificates of the said merchandize having been duly landed reported and entered at the custom house at New Port aforesaid.

And be it further enacted by the authority aforesaid, That it shall be Pensions lawful for the treasurer of this State to pay the pensions of John Rice, sabled David Wendell and Gerardus Moke disabled soldiers inhabitants of this soldiers therein State on their producing to him their discharges as required by the act named. making further provision for persons who have or may become disabled while in the service of the United States passed 18th March, 1783, any thing in the said act to the contrary notwithstanding.

Vrooman,

of.

And be it further enacted by the authority aforesaid That it shall and Lieut. may be lawful for the auditor of this State to audit the account of Ephraim Ephraim Vrooman a lieut. in Collo. Peter Vrooman's regiment of militia account for his pay while in actual service or in captivity and the treasurer of this State is hereby authorized and directed to pay to the said Ephraim Vrooman twenty pounds in specie in part of such account and grant certificates in like manner as has been given to the militia of this State for the residue of the amount of such account.

school

And be it further enacted by the authority aforesaid That it shall and Johnsmay be lawful for the commissioners of forfeited estates in the western town, free district to set apart for the use of a school, the house and lot of ground house at. in Johnstown commonly known by the name of the free school house if not already disposed of consisting of half an acre of ground any thing in the act for the speedy sale of confiscated and forfeited estates within this State and for other purposes therein mentioned passed 12th May 1784 to the contrary in any wise notwithstanding.

gall and

counts of.

And be it further enacted by the authority aforesaid That it shall be Maj. Gen. lawful for the auditor and treasurer of this State and they are hereby McDou directed to audit and settle the accounts of Major General McDougall, others, acBrigadier General James Clinton and such of their respective suits as are inhabitants of this State, of John Gano chaplain and of the late troops of this State in the service of the United States for the months of August, September, October November and December in the year 1780, and the treasurer is hereby directed to pay to Michael Conolly out of any money unappropriated in his hands the sum of five thousand pounds on account, and to be by him applied to the payment of the said Major General McDougall, Brigadier General James Clinton and such of their suits as aforesaid the said John Gano and of the said troops for the months aforesaid, in equal proportions according to the sums due to them respectively.

And be it further enacted by the authority aforesaid, That it shall be Margaret lawful for the treasurer of the State to pay to Margaret Riker, the one Riker, for half of the amount of a certificate given to her, for her late husbands husband's depreciation of pay and indorse the same on the said certificate.

her late

pay.

for trans

And be it further enacted by the authority aforesaid That it shall be cornelius lawful for the said treasurer to pay unto Cornelius Jansen Junr. for Jansen Jr., transporting the records of this State from Kingston to Poughkeepsie porting the sum of eight pounds.

records.

to be

And be it further enacted by the authority aforesaid That the said treas- Loans to urer be and is hereby authorized and required to pay the principal and Governor interest of all such monies as have been taken on loan by his excellency repaid. the governor, in pursuance of any laws of this State heretofore passed to such persons respectively who have loaned the same, out of any monies which may hereafter come into the treasury by virtue of the act entitled "An act for raising £100,000 within the counties therein mentioned, passed 6th May 1784.

VOL. 2.-6.