the purchafing and providing arms and accoutrements for fuch of the men of the fame refpective regiments, corps, companies and troops, as are or fhall be unable to furnish and provide themselves therewith; and that it fhall be the duty of the paymafter, or perfon acting as fuch, of each refpective regis ment, corps, company or troop, once in every year, to render an account to the brigadier, or officer commanding the brigade, of all his receipts and expenditures, in purfuance of this act.

VIII. And be it further enacled by the authority aforefaid, That the provifion contained in the feventeenth fection of the faid act, entitled, an act to regulate the militia, and the provifo thereto annexed, relative to perfons who have ferved as officers in the line of the army of the See 11th teff.ch.95. fec. 31. United States, during the late war, is hereby extended to all officers who have heretofore ferved in the militia of this ftate, or in the militia of the late colony of New-York.

6th felf. ch. 1.

8th fefl. ch. 12.

An ACT to amend an Ali, entitled, ↑ An Act relative to Debts due to Perfons within the Enemy's Lines; and another All, entitled, An Act to explain and amend the Act, entitled, ‡ An A relative to Debts due to Perfons within the Enemy's Lines, passed 12th July, 1782. Paffed 20th April, 1787. 1. E 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 all perfons defcribed in the fifth fection of the faid first mentioned act, and the executors and administrators of fuch perfons, indebted by fimple contract, bill fingle or penal, or any other obligation, mortgage, fecurity or demand whatfoever, to any perfon or perfons defcribed in the faid fifth fection of the act aforefaid, or to the executors or administrators of fuch perfon or perfons, fhall be, and hereby are difcharged from any intereft which may have become due upon any fuch contract, bill, obligation, mortgage or fecu rities, fince the first day of January, one thousand feven hundred and feventyfix, inclufively, to the firft day of May, in the year one thousand feven hundred and eighty-fix. Provided, That nothing in this clause contained, fhall be deemed to operate as a discharge of any intereft which may have accrued on any fuch bill, obligation, mortgage or other fecurity, executed fince the first day of January, one thoufand feven hundred and feventy-feven.

II. And be it further enacted by the authority aforefaid, That the faid perfons fo indebted as aforefaid, their executors or adminiftrators, fhall be obliged to pay the debts or fums by them owing (after fuch deduction of interest as aforefaid) to the perfon or perfons aforefaid, their executors or administrators, in the lawful current money of this state, in three yearly inftalments, and not otherwife; to wit: One third part thereof on or before the first day of May, in the year one thousand feven hundred and eighty-eight; another third part thereof on or before the first day of May, in the year one thousand feven hundred and eighty-nine; and the other third part thereof on or before the first day of May, in the year one thousand feven hundred and ninety; with intereft upon the amount of fuch debts or fums now due (after fuch deduction as aforefaid) from the faid first day of May, in the faid year one thoufand feven hundred and eighty-fix; any law, contract or ufage to the contrary thereof in any wife notwithstanding. Provided always, That in cafe

default fhall be made in the payment of either of the faid yearly inftalments, and not fooner, it fhall be lawful for the creditor or creditors of the perfon or perfons making fuch default, to profecute for his, her or their debt or demand, in the fame manner as if this act and the acts herein before mentioned, had never been paffed; but there fhall not be levied, by virtue of any execution, upon any judgment, fentence or decree thereupon obtained, any other or greater fun than the amount of the inftalment or inflalments, with the intereft thereon, in respect to which default shall have been made; and no foreclosure of any mortgage fhall operate as a bar to any equity of redemption, until after the faid first day of May, in the faid year one thousand feven hundred and ninety; but it shall be lawful in every fuch cafe, for the chancellor to direct a fale of fo much of the faid mortgaged premifes as will be fufficient to fatisfy the inftalment or inftalments which shall have become due, and the intereft thereon. Provided alfo, That the faid time given as aforefaid, for the payment of fuch debts or demands, in cafes where the creditor or creditors has or have no mortgage or other fecurity upon any lands, tenements or hereditaments, fhall be, and the fame hereby is upon the exprefs condition, that the debtor or debtors, his, her or their heirs, executors or adminiftrators, as the cafe may be, fhall, within fix months from the paffing of this act, either give to the creditor or creditors, good real or perfonal fècurity for the amount of the debt or demand, to the fatisfaction of fuch creditor or creditors, or fhall depofit with, or tender to fuch creditor or creditors, if within this flate, and to be found, or if not within this ftate, in the hands of the treasurer of this flate, for the benefit of fuch creditor or creditors, by way of collateral fecurity for his, her or their debt or demand, the full amount of the principal and intereft thereof, without fuch deduction as aforefaid, in the certificates ifiued or to be iffued by the treafurer of this ftate; in default whereof, it shall be lawful for fuch creditor or creditors to profecute for his, her or their debt or demand, in the fame manner as if this act, or the acts hereby intended to be amended, had never been paffed. Provided further, That if fuch creditor or creditors fhall be willing to accept the payment of the whole of the principal and intereft of his, her or their debt or demand, without fuch deduction as aforefaid, in any of the certificates or fureties aforefaid, and fhall notify the fame to his, her or their debtor or debtors; and if fuch debtor or debtors fhall not make payment according to fuch notification, within fix calender months thereafter; then, and in every fuch cafe, it fhall be lawful for fuch creditor or creditors to proceed in the fame manner as if this act, or the acts hereby intended to be amended, had never been paffed. And provided further, That nothing herein contained fhall be conftrued to extend to any perfons, creditors or debtors, not comprehended in the acts aforefaid, except in cafes of the affignment of any bond, bill, obligation, mortgage, fecurity or demand whatsoever, made to any perfon or perfons whomfoever, by any perfon who has remained with, gone into, or was fent within the enemy's lines, during the late war. And provided further, That the fame fhall be deemed to extend to the executors and adminiftrators of all fuch perfons being now deceafed, to whom the fame would extend if fuch perfons were in full life, whether the faid perfons died before or fince the paffing of the faid first mentioned act. Provided nevertheless, That the fame fhall not be deemed to extend to any fubjects of the king of Britain, comprehended in the treaty of peace between the United States of America, and the faid king.

Nnn

III. And be it further enacted by the authority aforefaid, That all fuch parts of the faid acts last mentioned, as are in any wife repugnant to the true intent and meaning of this act, be, and the fame are hereby repealed.

#7th feff. ch. 52.

CHA P. XCV.

An ACT to amend an All, entitled, ‡ An A for the better laying out, regulating and keeping in Repair, all common and public Highways and private Roads, in the Counties of Ufter, Orange, Dutchess, Washington, Weftchefer, Albany and Montgomery. Paffed 20th April, 1787.

IBE E it enated 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 the juftices of the city and county of Albany, and counties of Montgome ry and Columbia refpectively, fhall, at the next general feffions of the peace in and for the faid counties refpectively, which fhall be held after the first Tuesday of September next, or at any general feffions of See 11th fell. ch. 64. the peace within fix months thereafter, appoint for each town in fuch counties, inftead of the commiffioners directed to be elected by virtue of the faid act hereby intended to be amended, of the freeholders actually refiding in fuch towns, not more than five, nor less than three commiffioners of the highways.

fec. 7.

county, 14th feff. ch.

53. fec. 4.

II. And be it further enacted by the authority aforesaid, Extended to Ulfter That it fhall be, and it is hereby expressly made the duty of the commiffioners of highways, in every town in the faid counties, to caufe all public roads in fuch refpective counties, to be opened and extended, within fix months after the paffing of this act, to the breadth of two rods at the leaft; and that no compenfation fhall be made to any proprietor or proprietors of any land which fuch roads frali include, in confequence of fuch opening or extenfion.

out highways through

dard.

IL And be it further enacted by the authority aforefaid, When they may lay That it fhall and may be lawful to and for the commiflionany garden or orers of the highways, to lay out across or through any garden or orchard, any public road or highway, unless fuch orchard fhall be of the growth of at least four years, or fuch garden fhall have been cultivated as fuch, at least four years before fuch road or highway shall be laid out.

rods wide.

IV. And be it further enacted by the authority aforefaid, Roads to be four That all public roads or highways hereafter to be laid out by virtue of the act hereby ammended, fhall be four rods wide at the leaft.

ways in Albany, Mont

may caufe inhabitants

V. And be it further enacted by the authority aforefaid, Overfeers of the high- That whenever any road district in the counties of Albany, gomery & Washington Montgomery and Washington, shall require a greater num to work more days ber of days-work to make or repair any of the roads in any than they are rated. of the faid counties, than are or fhall be rated on the inhabitants of fuch road diftrict, by the commiflioners, at their annual meeting, agreeable to the directions contained in the fifth fection of the act hereby amended, that then, and in fuch cafe, it fhall and may be lawful for the overfeers of any fuch road district, to caufe the feveral perfons on his lift named, to work a further number of days, in proportion to the number of

days fuch perfons fhall have been respectively rated as aforefaid; any thing in any former law to the contrary notwithstanding.

one county into ano

VI. And whereas in and by the act hereby intended to be amended, no provifion is made in cafes where any difpute may arife about the roads between adjoining counties; For remedy whereof, Be it enacted by the authoDifputes concerning ruy aforefaid, That whenever any difpute fhall arife about roads extending from any road leading or extending, or intended to extend from ther, how to be fettled. One county into another county, it fall and may be lawful for the commiffioners of the highways in the town aggriev ed, to apply to any one juftice of the peace of the county, who is hereby required to iffue his precept, directed to the fheriff of fuch county, requiring and commanding him to fummon twelve freeholders, not interefted in the road fo in dispute, to be and appear before him, at a time and place to be mentioned in fuch precept; and the faid juftice fhall give notice in writing under his hand, to fome one juftice of the peace in the adjoining county, with which the dispute fubfifts, who is alfo hereby required to iffue his precept to the sheriff of fuch county, who fhall alfo fummon twelve fufficient freeholders as aforefaid; and the faid juftices fhall agree on a day certain, not more than twenty, nor lefs than five days from the date of fuch precept, when and where they fhall meet; and the faid juftices, freeholders, commiffioners and sheriff, being fo met, the faid juftices fhall proceed to draw, by ballot, fix of fuch freeholders out of each twelve fo fummoned from the two counties; and when fix men from each lift fhall be fo drawn, and fworn by one of the juftices, well, truly and impartially to determine the matter in difpute, refpecting the moft convenient place for fuch road to cross the line which divides fuch counties, they fhall be one jury, notwithstanding they are fummoned from different counties; and fuch jury, together with the two juftices, the commiffioners and fheriff, fhall proceed to view the road fo in difpute, and when the faid jury fhall have carefully viewed the premises aforefaid, and heard the proofs and allegations of the contending parties, they fhall go together in fome convenient place, and after any nine or more of them fhall agree on a verdict, they fhall deliver the fame in writing, under their respective hands and feals, to the faid juftices, who fhall also fubfcribe the fame; which verdict fhall be lodged in the office of the clerk of fuch county where the complaint was firft made, there to be entered of record; and the faid juftices fhall make two other copies of the faid verdict, and shall deliver one of them to the clerk of the one town, and the other to the clerk of the other town, through which the faid road shall be so established in the different counties between which fuch difpute did fubfift; and the clerks of fuch towns fhall respectively enter the fame in the records of fuch towns; after which it fhall be the duty of the commiffioners in the refpective towns, to open fuch road agreeable to the verdict of the jury aforefaid, This claufe to extend and caufe the fame to be repaired as other public roads in to Albany, Montgo- any fuch county are repaired: Provided, That this clause mery & Washington fhall only extend to the counties of Albany, Washington only. and Montgomery.

&c. for neglect of

duty.

VII. And be it further enacted by the authority aforefaid, Penalty on juftices, That if any juftice, commiffioner, fheriff or other perfon, fhall neglect or refufe to do, execute or perform any of the duties hereby enjoined on him or them by this act, fuch perfon or perfons fhall refpectively forfeit the fum of two pounds, to be recovered by any overfeer of the highways in the town where fuch default fhall have been,

before any juftice of the peace in either of faid counties, with cofts; and when recovered to be applied towards repairing the public roads in the town where fuch neglect or refufal fhall have happened, in the manner directed in and by the act hereby amended.

CHA P. XCIX.

An ACT for the Payment of the Salaries of the Officers of Government, and other contingent Charges. Paffed 21ft April, 1787.

Α

A

t9th feff. ch. 23.

[This act, except the eleventh fection, is obfolete.]

ΧΙ. ND be it further enaded by the authority oforefaid, That it shall and may be lawful for the auditor of this ftate, and he is hereby required to do and perform every act, matter and thing, which the treafurer is directed to do and perform in and by the act, entitled, † An act for the collection and commutation of quit-rents, paffed the first day of April, one thousand seven hundred and eigh10th fefl. ch. 76. ty-fix; and in and by the act, entitled, ‡ An act to amend an act, entitled, An act for the collection and commutation of quit-rents, pafled the eleventh day of April, one thousand feven hundred and eightyfeven.

CHA P. CII.

An ACT for the Relief of Persons who paid Money into the Treafury of this State, in Confequence of a Refolution of the Committee of Safety, of the firft Day of March,One Thousand Seven Hundred and Seventy-feven, and for other Purposes therein mentioned.

Pafled 21ft April, 1787.

WHERE, in fenfequence of a refolution of the committee of fafety,

HEREAS feveral perfons have paid monies into the treasury of

made the first day of March, one thousand seven hundred and seventy-feven; but as the faid refolution hath not been adopted or confirmed by any convention, nor by the conflitution, or the legislature of this flate, many of the perfons who fo paid money into the treafury, have petitioned the legiflature for relief; Therefore,

I. Be it enacted by the people of the fate of New-York, reprefemed in fenate and affembly, and it is hereby enacted by the authority of the fame, That it fhall and may be lawful for the treasurer of this ftate for the time being, and he is hereby authorised and required to give to every perfon who hath paid money into the treafury, in confequence of the faid refolution, or to the executors or adminiftrators of fuch perfon, a certificate for the amount of the money fo paid into the treafury, with the intereft thereof, at the rate of five pounds per cent. per annum, from the time the fame was fo paid into the treafury, if the fame was fo paid before the firft day of September, in the year of our Lord one thoufand feven hundred and feventy-feven; but if the fame was fo paid after that day, then fuch certificate fhall be given for the value thereof, after reducing the fame according to the continental fcale of depreciation, with intereft for the fame, at the rate aforesaid, from the time the fame was fo paid; which certificate fhall be payable, with intereft at the