dred and eighty-five: And it appears that the aforefaid time of payment may, many inftances, prove too short and inconvenient:

one tard of the pur

Le it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enaded by the authority of the fame, That in all On forure fales of fales of forfeited eflates to be made by the commiffioners of connicated property, forfeitures, to any perfon or perfons whatever, after the to be paffing of this act, fuch perfon or perfons fo purchafing, Padder, and the fhall immediately pay to the faid commiffioner or commi fioners, one third part of the purchase money, and the remaining fum due, within nine months from the time of fuch fale.

chafc-nxiey

remainder in nine

mouths.

Altered, 9th feff. ch. 53. fec. 13.

[The fecond fection of this act is obfolete.]

III. And for the better fecuring the payment, in all cafes, of the refidue of the faid purchase-money; Be it further enacted by the authoriy aforefaid, That on the delivery of the conveyance by the commiffioners, the grantees fbail refpectively execute a bond, in the ufual form, to the commiflioners, in their own name, for the payment of the faid refidue of the faid purchasemoney, and the commiffioners fhall endorfe on fuch bond, a defcription of the lands in payment for which the said bond fhall have been taken; and which bond fhall contain a warrant of attorney, in the ufual form, to confets a judgment thereon. And if default fhall be made in the payment of the principal fum specified in the condition of fuch bond, with the intereft thereof, in cafes where fuch principal fum fhall be deemed to bear an intereft, as herein before mentioned, it shall be the duty of the commiffioners to caufe a judgment to be entered up on fuch bonds, in the inferior court of common pleas of the county where the lands in payment for which fuch bond fhail have been given, fhall lie; and to proceed to execution on fuch judgment, and always in the firft inftance by fieri facias: And all conveyances or mort gages, made or executed by the faid obligors refpectively, of the faid lands conveyed to them, and all judgments against the faid obligors, after the conveyance to them from the commiffioners, and before the whole of the monies made payable by the faid bonds refpectively, fhall be paid and fatif fed, as far forth as fuch conveyances, mortgages or judgments may tend to delay or defeat the payment of the faid monies, fhall be deemed, and hereby are declared to be fraudulent and void.

CHA P. LII.

A ACT to grant to fauc Van Wyck, and others, an exclufive Right of kest ig Stage-Waggons o the East Side of Hudson's-River, between the cities of New-York and doany, for the Term of Ten Years.

Paffed 4th April, 1785. HEREAS Ifaac Van Wyck, Talmage Hall and John Kinney, have, by their petition, prayed, that on account of the great expence and labour attending the undertaking, an exclufive right of carrying on a flage from the cities of New-York and Albany, might be granted them for the term of ten years: And whereas the erecting a flage as aforefaid will tend to promote the ease and benefit of the people of this state:

1. 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 the faid ffaac Van Wyck, Talmage Hall and John Kinney, and their respective executors, adminiftrators and affigns, fhall have, hold, poflefs and enjoy, and

are hereby given, granted and allowed, the fole and exclufive right, liberty and permillion, for the term of ten years, the fame to commence on the firit day of June next, to erect, fet up, carry on and drive, at all time and times hereafter, during the term aforefaid, all and every fuch fltage-waggon or waggons, from the faid cities of New-York and Albany respectively, to the other, on the eaft file of Hullon's-River, as they may judge fufficient for the purpofe of accommodating fuch a number of pallengers as may, from time to time apply: And that it shall not be lawful for, nor fhall any other perfon or perfons, upon any pretence whatever, prefume, during the term aforefaid, to erect, fet up, carry on, or drive any ftage-waggon or waggons, or any other carriage or carriages for the like purpoie, from the faid cities refpectively, under the penalty of two hundred pounds, to be recovered by any perfon or perfons who fhall profecute for the fame, together with cofts, in any court of record having cognizance of the fame.

II. Ad be it further enacted by the authority aforef.id, That the faid Ifaac Van Wyck, Talmage Hall and John Kinney, their executors, administrators and aligns, fhall furnish and provide at lealt two good and fuficient covered ftage-waggons, to be drawn each by four able horfes, for the purposes aforefaid; and that the price for each and every paffenger therein, fhall not exceed four pence per mile, including the liberty of carrying fourteen pounds weight of baggage; that for every one hundred and fifty pounds weight of Rate of fare in the baggage, a like fum of four pence per inile fhall be paid for the fame; and fo in like proportion for every greater or lefs quantity. And that fuch ftage-waggon or waggons fhall proceed at least once in every week, during the faid term of ten years, on the paffage or journey aforefaid, from the refpective cities aforefaid, unless the fame are prevented by the badness of the roads, or fome uncommon accident. Provided always, That in cafe the faid Ifaac Van Wyck, Talmage Hall and John Kinney, their executors, adminiftrators or aligns, fhall neglect or refufe to do and perform the duties aforefaid, according to the true intent and meaning of this act, that in fuch cafe this act fhall cease, and be null and void.

Said stage.

CHA P. LIV.

An ACT to retrain Hawkers and Pedlars.

Pafied 4th April, 1785:

Eit cnafied by the people of the fate of New-York, reprefeted in Jente and affembly, and is hereby enaded by the authority of the fame," "That from and after the first day of July next, no perion or perfons fhall or may ule or exercife the profellion or calling of a hawker or pedlar in this ftate, under the penalty of five pounds for each offence, to be recovered, with cotts, in any court having cognizance to try the fame, the one half of which faid penalty hall go to the perfon or perfons who fhill fue and profecure for the fame, and the other half to the poor of the town, manor, ditrict or precinét where the offence fhall be cominitted. Provided always, That this act fhall not be construed to debar any perfon or perfons from carrying, conveying or felling any goods, wares or inerchandize, of the growth, produce or ma nufacture of this ftate, or of any other of the United States of America; and that all fuits to be brought for any offence against the true intent and incaaing of this aft, fhall be brough, within thirty days after the offence fhall be committed.

С Н А Р. LVII.

An ACT for granting certain Privileges to the Township of Platfburgh: Paffed 4th April, 1785.

BE

I E it enalled by the people of the state of New-York, reprefented in fenat and affembly, and it is hereby enacted by the authority of the fame That the feveral tracts of patented lands, lying on the weft fide of Lake Champlain, at a place called Cumberland-Bay, and Cumberland-Head, in Washington county, bounded north by Beekman's patent, weft by unpatented lands, fouth by unpatented lands, and a tract of land granted to Peter Stuart, and eat by Lake-Champlain, be, and the fame are hereby made one town fhip, by the name of Platsburgh.

II. And be it enalled by the authority aforefaid, That the freeholders and inhabitants of the faid town of Platfburgh, fhall be, and hereby are vested with power to chufe annually a fupervifor, affeffors, town-clerk, collector, commiffioners for laying out high-ways, overfeers for keeping in repair highways, overfeers of the poor, fence-viewers and pound-mafter. And the freeholders and inhabitants of the faid township shall meet together on the third Tuesday in June next, at the houfe of Charles Platt, in the faid townfhip, and then and there, by plurality of voices, elect the town-officers above named, to continue in office until the firft Tuesday in April then next following, at which day a new election for town-officers fhall take place, and the election thereafter for town-officers fhall be held annually in the faid townhip, on the first Tuesday in April, at the place above named, until fuch time as a majority of the freeholders and inhabitants thereof, at any fuch meeting, fhall agree upon fome other place of meeting for the following year and then fuch place, fo to be agreed upon, fhall be the place of annual meeting for the purposes aforefaid, until the fame fhall be altered in manner as aforefaid.

iron ore bed,

III. And be it enacted by the authority aforefaid, That it Zephaniah Plattand fhall and may be lawful for Zephaniah Platt, Efquire, and allociates, permitted for ten years to take his affociates, to take as much ore out of the iron ore bed are out of a certain on the weft fide of Lake-Champlain, near Crown-Point, and referved to the people of this ftate, as they fhall have occafion to manufacture in the faid township, for a term not exceeding ten years, on fuch conditions as the commiffioners appointed by the act, entitled, 7th feff. ch. 63. ‡ An act for granting certain lands promifed to be given as bounty lands by the laws of this ftate, and for other purpofes therein mentioned, paffed the 11th of May, 1784, fhall deem expedient.

CHA P. LIX.

As ACT for giving Relief to LeTees deprived of the Benefit of their Leafes during the late War.

Paffed 4th April, 1785.

WHEREAS divers perfons who have held leates for terms of years,

were, by reafon of the invafion of the late enemy, compelled to abandon the poffeffion before the terms of fuch leafes were expired, whereby they were deprived of the ufe or profits of the houfes, lands or tenements fo leafed, and are liable to pay the rents or penalties referved or incurred thereby, and fome fuch perfons have been profecuted and put to expence by Rafon thereof: Therefore,

Aa

1. Be it enacted by the people of the fate of New-York, reprefented in fenat and affembly, and it is hereby enacted by the authority of the fame, That all an every perfon and perfons, having taken a leafe or leafes for houfes, lands o tenements, before the fifteenth day of September, one thousand seven hun dred and feventy-fix, and having been neceffitated to abandon the fame, by reafon of the invafion of the fleets or armies of the king of Great-Britain, o his allies, and having not at any time fince voluntarily put him, her o themselves under the protection of the faid flects or armies, until a ceffation of hoftilities between the United States of America, and the faid king of Great-Britain and his fubjects, fhall be exonerated, releafed and discharged from the payment of fuch rents or arrearages of rent, or penalties referved made payable or incurred by fuch leafes, while he, fhe or they were out of the poffeffion, and did not enjoy the benefit thereof.

dence.

II. And be it further enacted by the authority aforefaid In all fits against That in all or every fuit or fuits which have been, or fhal fach perfons, this act may be given in evi- be commenced and profecuted on fuch leafe or leafes, for rent or arrearages thereof, or penalties which have arifen accrued or been incurred on the fame, while he fhe, or they were out of the poffeffion, and did not enjoy the ufe or benefit thereof, by reafon aforefaid, all and every fuch perfon and perfons, leffees as aforefaid, who now are or hereafter fhall be profecuted on any of the faid leafes, may give this act and the fpecial matter in evidence, in his, her or their defence.

III. And be it further enacted by the authority aforefaid, That wherefoever a judgment has already been obtained on any fuch leafe as aforefaid, no execution fhall iffue until the plaintiff or plaintiffs in fuch fuit or action, shall previously have ifiued a fcire facias against the defendant or defendants, in fuch fuit or action, to fhew caule why he or they fhould not pay the debt or damages recovered in fuch fuit or action; and on which feire facias the defendant may give this act and the fpecial matter aforefaid in evidence, in manner and form mentioned in the preceding claufe.

medy against occupi

ers.

IV. And be it enacted by the authority aforefaid, That Leffers to have re- the leflors, and their legal reprefentative or reprefentatives respectively, fhall have the like remedy against the occupiers, their heirs, executors or adminiftrators refpectively, of the lands and tenements fo by them leafed, to the faid leffees, the objects of this law, as the refpective leffees would have had during the continuance of fuch leafes respectively.

CHAP. LXI.

An ACT to appoint the Place of holding the Supreme Court of Judicature of this State, in future, and to prolong the Terms thereof, and for other Purpofes therein mentioned.

Paffed 7th April, 1785.

WHEREAS by the laws of this state it is ordained, That the fupreme

court of judicature fhall begin, fit, and be held at the city of NewYork, at the four feveral times following, to wit, On the third Tuesdays of January, April and October, and on the laft Tuefday of July, in every year; and that the faid feveral terms or fittings of the faid court fhould be held and continue as follows, to wit, The terms of October and April, from the times of their commencement aforefaid, every day (except Sunday) until the end of Saturday in the next enfuing week. And whereas by law

the perfon adminiftring the government of this ftaté for the time being, is empowered to appoint the place for holding the faid fupreme court; in purfuance of which law, the governor did, by proclamation, appoint the city of Albany to be the place for holding the faid court: And whereas for the more equal distribution of justice to the citizens of this ftate, it is now become neceffary that two of the faid terms or fittings fhould be in future at the faid city of Albany, and two of them at the city of New-York: And whereas the continuance of the faid terms or fittings, during the fhort spaces of time aforefaid, is attended with great delay of juftice; Therefore,

I. 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 for the Supreme court to future the faid fupreme court fhall begin, fit, and be held at fit at the city of Al- the city of Albany, at the two feveral times following, to July and October in Wit, On the laft Tuesday of July, and the third Tuesday in every year, and at the October, in every year; and at the city of New-York, the in January and A- two feveral times following, to wit, On the third Tuesday of January and April, in every year.

bany in the terms of

city of New-York in

pril.

to continue.

II. And be it further enabled by the authority aforefaid, How long each term That the faid feveral terms, or fittings of the faid court, fhall, in future, be held and continued during the spaces of time following, to wit; The terms of October and April, from the times of their commencement aforefaid, every day (except Sunday) until the end of the Saturday in the third week next enfuing; and the terms of January and July, from the times of their commencement aforefaid, every day (except Sunday) until the end of Saturday in the next enfuing week. Provided, That whenever the business of the court fhall be completed, the court may adjourn until the next term, without fitting, until the end of the term.

Nextfupreme court

to be held on the third Turfday of April, in Seegth feff. ch. 16.

Albany,

III. And be it further enacted by the authority afore aid, That the next fupreme court of Judicature, to be held on the third Tuesday of April next, fhall be held at the city-hall of the city of Albany; any thing in this act to the contrary thereof notwithstanding.

IV. And be it further enacted by the authority oforefaid, Every day of the That each and every day of the faid terms or fittings (except Sunday) fhall be a return day.

terms to be a return

day.

foprene court to he

Albany.

V. And be it further enacted by the authority aforefaid, Office of clerk of That the office of the clerk of the faid fupreme court, fhall at New-York, and he be kept and held in the city of New-York; and that the to have a deputy in faid clerk fhall appoint a deputy-clerk of the faid court, which faid deputy fhall keep and hold an office in the city of Albany, wherein writs, process, pleadings, papers and records of the faid court, fhall and may be filed. Provided nevertheless, The faid writs, proTo remove his pa. cefs, pleadings, papers and records, which fhall be filed in the Personce in every fix office of the faid deputy as aforefaid, fhall, once in every fix months, to New-York. months, be removed from the office of the faid deputy, and lodged in the office of the clerk of the faid fupreme court, in the city of NewYork aforefaid.

[The fixth and foventh fections of this act are obfolete, and provided for roth feff, ch. 72. and the eighth fection is repealed, 10th feff, ch. 10. dec. 11.]