to the best of their knowledge and belief; which oath faid treasurer is hereby authorised to adminifter.

VIII. And whereas large fums of money have been advanced from time to time, in the courfe of the late war, to perfons who have not as yet accounted for the fame, and other perfons have in their hands monies for property by them fold, belonging to the ftate; and as it is neceffary that all fuch accounts fhould be immediately fettled; Be it enalled by the authority af refund, That the treasurer of this state do notify all perfons who are indebted to this state, in one or more news-papers printed in the cities of NewYork and Albany, for fix weeks fucceffively, to bring in their accou and vouchers for fettlement, on or before the firft day of October next, and in cafe of neglect or refufal, the treafurer is hereby directed to profecute, in his own name, to effect, every fuch delinquent perfon.

IX. And be it further enacted by the authority aforefaid, That the auditor of this ftate, by and with the consent of the committee appointed to affift the auditor, be, and is hereby authorised to liquidate and fettle any account or claims which any of the citizens of this ftate may have against the faid ftate agent or any of his deputies. And the treafurer of this flate is hereby directed, upon certificate of the auditor, to grant a certificate for fuch fums refpectively, as may be found due.

X. And be it further enacted by the authority aforefaid, That the collector for the ports of New-York and Sagg-Harbour, fhall refpectively produce to the auditor of this flate, within two months from the palling of this act, a true and juft return on oath, of all the goods, wares and merchandize fubject to duty by the act pafled the twenty-fecond day of March, 7th feff. ch. 10. one thoufand feven hundred and eighty-four, entitled, ‡ An act impofing duties on the importation of certain goods, wares and merchandize; and alo a true and just return of all the fees received in each refpective office; and on a final examination and fettlement of each refpective account, the auditor of this ftate is hereby directed to certify to the treafurer the amount thereof, and the treasurer is hereby directed to call on each refpective collector, for the balance of each account, if any be due.

dee to the ftate, how

XI. And be it further enadied by the authority aforesaid, Where a balance is That the auditor of this ftate, upon the fettlement of each to be feled and paid. refpective account where there is a balance due to the ftate, the committee appointed to affift the faid auditor fhall, with the auditor and treasurer, or a majority of them, determine how the faid balance shall be paid into the treafury; and the faid committee, with the auditor and treasurer, are hereby authorised to examine and afcertain upon each particular account, upon the principles of equity and good confcience, and determine what balances ought to be paid in the paper money and other ftate fecurities, and what in fpecie.

XII. And whereas great abuses have been committed by the treasurers under the late colony, in converting the public money to private ufes, by which means the ftate have fuffered great lofies; and it becomes the duty of the legislature, in future to provide against every fuch abufe; Be it enacted by the authority aforefaid, That the committee appointed ftate treasurer's ac- to affift the auditor in the fettlement of the public accounts, counts are to be exa- be, and is hereby authorised and directed to examine into the accounts of the treasurer of this ftate, and his fucceffors in office, and from time to time, and at least once in every year, to afcertain and fully balance his account for the preceding year; and once in every fix

When, and how the

mined.

Bb

months after paffing this act, they are hereby directed to afcertain and examine his cash account, and to fee whether the balance due to the state is actually in the treasury; and the faid committee are hereby directed to lay a ftate of the treasury before the legislature, at their next meeting.

the vendue act repealed.

XIII. And be it further enacted by the authority aforefaid, Fourth fection of That the fourth fection of the act, entitled, ‡ An act for the regulation of fales by public auction, paffed the tenth day of February, one thousand feven hundred and eighty-four, be, and is hereby repealed.

7th feff. ch. 4.

account every three

furer.

XIV. And be it further enalled by the authority aforefaid, Vendue-mafters to That every vendue-mafter or vendue-masters, auctioneer months to the trea- or auctioneers, qualified and licenced as is by the before-recited act directed, and during the continuance thereof, who fhall fell and difpofe of any goods, chattels, wares, merchandize or effects, at public vendue, auction or outcry, fhall, within twenty days after the expiration of every three months, the first three months to be computed from the date of the licence granted to fuch vendue-mafter or vendue-mafters, auctioneer or auctioneers respectively, render a juft and true account in writing, by him or them refpectively, with his or their name or names fubfcribed, to the treafurer of this ftate for the time being, of all goods, wares, merchandize or effects, by him or them fold at public vendue, auction or outcry, from the time of his or their appointment, or the time that the last account by him or them was rendered to the treasurer as aforefaid, the amount of each day's fale, and the days when the fame were refpectively fold; and fhall thereupon take the following oath, or (if of the people called Quakers) affirmation:

do folemnly and fincerely fwear (or affirm) that the account now

I exhibited

juft and true account of all the goods, wares, merchandize and effects fold by me, fubject to duty by law, within the time mentioned in the faid account, and of the days upon which the fame were refpectively fold. So help me God.

And in ten days to

ble by thein.

And fuch vendue-mafter or vendue-mafters, auctioneer pay the duties paya- or auctioneers respectively, fhall, within ten days after the rendering of fuch account and taking the faid oath, pay to the treasurer of this ftate for the time being, the amount of the duty upon fuch account of fales by virtue of this act, according to the true intent and meaning thereof. Provided always, That it fhall and may be lawful for fuch vendue-mafter or auctioneer, whofe refidence shall be more than fixty miles from the city of New-York, to render his faid account, and to pay the amount of fuch duties as by this act he is directed to pay unto the treasurer of this state, within twenty days after the expiration of every fix months, the first fix months to be computed from the date of the licence granted to fuch vendue-mafter or auctioneer.

XV. And be it further enacted by the authority aforefaid, That if any auctioneer or auctioneers fhall neglect or refufe to render in his or their account, or to pay the money due from him or them to the ftate, for the duties, according to law, the treasurer of this ftate fhall and may, in every case of such neglect and refufal, certify and publish the fame in one or more of the public news-papers of this state; and from the time of publishing fuch advertisement

This is a mistake, the aft paffed the twentieth. See 7th fel. ch. 4.

as aforefaid, the licence of every fuch delinquent auctioneer shall be, and is hereby declared to be revoked, null and void.

Quakers entitled to relief by 45th fection of act for the fale of confifcated eftates, inftead of taking the

XVI. And be it further enacted by the authority aforesaid, That when any perfon or perfons that are entitled to the relief provided by the forty-fifth fection of the act, entitled, An act for the fpeedy fale of the confifcated and forfeited eftates within this ftate, and for other purposes therein men7th fell. ch. 64. tioned, pafled the twelfth day of May, one thousand feven hundred and eighty-four, are of the people called Quakers, it fhall be lawful for them to affirm, instead of taking the oath therein prescribed.

cath, may affirin,

XVII. And be it further enacted by the authority afirefaid, That the treafurer of this ftate is hereby authorised and required to grant a certificate in the ufual form, bearing intereft at the rate of five per cent. per annum, from the time fuch money ought to be paid, as a bounty for apprehending deferters, to any perfon or perfons producing a certificate agreeable to 4th fell. ch. 63. an act, entitled, An act to encourage the apprehending of deferters from the troops of this ftate, ferving in the army of the United States, paffed the first day of July, one thousand feven hundred and eighty

one.

XVIII. And be it further enalled by the authority aforefaid, That it shall be lawful for the commiflioners of forfeitures, and for the late commiffioners of fequeftration, in the refpective districts, and they are hereby directed to receive from the perfons who are or were the tenants on forfeited or fequeftered eftates, for rents due from fuch tenants refpectively, previous to the first day of April, one thousand feven hundred and eighty-three, fuch certificates as are directed to be received in payment for forfeited eftates, by an act, entitled, An act for the speedy fale of the confiscated and forfeited eftates within this ftate, and for other purpofes therein mentioned, paffed the twelfth day of May, one thoufand feven hundred and eighty-four; and that it fhall be lawful for the late commiffioners of fequeftration in the feveral counties in this ftate, or any other perfon or perfons properly authorised by law for that purpofe, to take and receive in payment from any perfon indebted to the commiffioners, for any article or articles heretofole fold by them, any of the certificates aforefaid. Provided, That where rents are referved in wheat, the faid commiffioners are hereby directed to charge each respective tenant at and after the rate of eight fhillings per bufhel. Provided, That fuch payments are made before the first day of October next: And allo provided, That no intereft fhall be allowed or computed on the faid certificates in their payments for the rents, and articles fold as aforefaid.

XIX. And whereas, in the thirty-fecond claufe of the 19h feff. ch. 16., act, entitled, † An act to compel the payment of the arrears So in the original. of taxes, for enforcing the payment of [* the arrears of taxes, for enforcing the payment of fines and amerciaments, obliging fherifls to give fecurity for the due execution of their offices, and for other purpofes, paffed November the twenty-fixth, one thoufand feven hundred and eightyfour, no exprefs authority is given to the treasurer to fue for, recover and receive of fuch fheriff or fheriffs fo accounting, the money for which he may be fo accountable to the auditor of this flate, pursuant to the faid thirty-fecond clause of the above mentioned act: Therefore, Fe it further cradled by the authority aforesaid, That the treasurer of this flate for the time being, be, and he is hereby directed and empowered to fue for, recover and receive of and

from each respective sheriff fo accounting, all fuch monies for which he fhall in any wife be accountable, agreeable to the faid thirty-fecond clause of the above mentioned act.

XX. And whereas colonel Marinus Willet, in the progrefs of the late war, and while he commanded a body of the troops of this ftate, conceived it to be his duty to take poffeffion of and fecure a confiderable number of cattle and other effects, the property of fome of the frontier inhabitants, who wae removed from their habitations on account of their attachments to the enemy; the greatest part whercof hath been applied to public uses, and the remainder fold to individuals. And it appears from the reprefentation of the faid Marinus Willet, that he hath taken receipts, certificates and notes, in his own name, for the faid cattle and effects; which receipts, certificates and notes he is defirous to transfer and furrender for the ufe of the people of this state: Therefore, Be it further enacted by the authority aforefaid, That it fhall and Col. Willet to ac- may be lawful for the faid Marinus Willet, and he is hereby count to auditor for authorifed and required to render an account, on oath, to ken by him and ap- the auditor of this ftate, of the cattle and effects fo by him, plied to public ufes. Or under his authority, fecured and taken in manner aforefaid, and of the application, fale and difpofal thereof, and of all vouchers, receipts, certificates, notes and money which he may have received or become poflefled of, in any wife respecting the fame; and fhall thereupon transfer, furrender and deliver up to the treasurer of this ftate, for the use of the people thereof, all fuch vouchers, receipts, certificates, notes and money; in order that fuch of the faid cattle as have been applied for the fupport of the troops or army, may, in due manner, be charged and brought into account against the United States: And that the former owners of the faid cattle and other effects, who are entitled by law to fatisfaction, may have an opportunity of applying to the legiflature for the fame.

cattle and effects ta

complying with this law.

XXI. And be it further enacted by the authority aforefaid, And indemnifiedon That on complying with what is required by this act, the faid Marinus Willet fhall be, and he hereby is fully and abfolutely indemnified, and faved harmless for all and every his acts and proceedings, touching the faid cattle and effects. And no fuit or action in law or equity, fhall be fued or maintainable against him, by any perfon or perfons whomfoever, for or in refpect thereof.

XXII. And be it further enacted by the authority oforefaid, That no actions, faits or profecutions whatfoever, commenced or hereatier to be commenced, for or on account of the execution of the faid office of flate agent, or by any of his deputies, fhall be deemed, taken, or carried into effect against the faid ftate agent or any of his deputies, until the rifing of the legiflature at the next meeting, except where it is otherwife directed by this act.

CHAP, LXXXI.

An ACT to prevent the Fring of Guns and other Fire-Arms within this State, on certain Days therein mentioned.

HEREAS

Pafied 22d April, 1785. great dangers have arifen, and mischief been done by

W the pernicious practice of firing guns, piflols, rockers, quibs and other

fire-works, on the eve of the laft day of December, and fift and fecond days of January; For prevention whereof for the future,

days, and within cer

Be it enacted by the people of the flate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That if any Perfone difcharging perfon or perfons whomfoever, fhall fire or discharge any fox-arms on certain gun, piftol, rocket, fquib or other fire-work, within a quartain limits, to pay a ter of a mile of any building, on the faid eve or days before fine of forty filings. mentioned, every fuch perfon or perfons fo offending, and being thereof convicted before any juflice of the peace of the city or county where fuch offence fhall be committed, either by the confeflion of the party or parties fo offending, or the oath of any one credible witnefs, fhall, for every fuch offence, forfeit the fum of forty fhillings, with cofis of fuit, to be levied by difirefs and fale of the offender's goods and chattels, by warrant under the hand and feal of the faid juftice before whom fuch conviction or convictions shall be had as aforefaid; the one moiety of which forfeiture, to be applied to the ufe of the poor of the town or place wherein fuch offender fhall be convicted, and the other moiety to the ufe of the perfon or perfons who fhall profecute for the fame; and for want of fufficient diftrefs whereon to levy the fame, every fuch juftice is hereby empowered and required, by warrant under his hand and feal, to commit every fuch perfon or perfons fo as aforefaid offending, to the common gaol of the county wherein the faid forfeiture fhall arife, there to remain without bail or mainprife, for the fpace of one month, unless such forfeiture or forfeitures be fooner paid.

CHA P. LXXXIII.

An ACT for incorporating the Inhabitants refiding within the Limits therein mentioned,

Paffed 22d April, 1785.

WHEREAS the inhabitants of that part of Claverack diftrict herein

after particularly mentioned and defcribed, with other inhabitants of the faid district, have, by their petition, among other things reprefented to the legislature, that a number of the faid inhabitants having commercial objects in view, have emigrated from the neighbouring ftates, and purchased a tract of land in the faid diftrict, adjacent to Claverack landing, and made, at a great expence, a fettlement thereupon; that they intend carrying on an extenfive commerce, and that in order to facilitate their undertakings, and to enable them to regulate their own concerns and internal police, to adjust fuch differences as may arife within their own limits, and give ftability and permanent fecurity to their fettlement, have prayed that the difrict of country, contained within the limits herein after particularly mentioned, might be feparated from the faid diftrict of Claverack, and that the inhabitants thereof might be erected into a body politic and corporate, with fuch powers, jurifdiétions, privileges and immunities, as fhould be deemed requisite to anfwer the beneficial purpofes intended by fuch incorporation. And whereas the legislature are inclined to give every fuitable encouragement to the extenfion of the commerce of this ftate, and speedy population thereof:

a y corporate and

1. Be it enacted by the people of the fate of New-York, reprefinted in fenate and affembly, and it is hereby enacted by the authority of the fume, That the diPart of Claverack firict of country contained within the following limits, to wit, strict declared to be Beginning at the channel of the Hudson's river, in the county palitie by the name of Albany, directly oppofite the mouth of the creek commenof. The mayor, recor; ly called major Abraham's creek; thence to and up the middle ramonalty of the of faid creek, to the place where the Claverack creek empcity of Hudton, &c. tics into the faid major Abraham's creek; thence up along the

der, aermen and