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days such persons shall have been respectively rated as aforesaid ; any thing in any former law to the contrary notwithstanding.

VÍ. And whereas in and by the act hereby intended to be amended, no provision is made in cases where any dispute may arise about the roads between adjoining counties; For remedy whereof, Be il enafted by the authoDisputes concerning

rity aforefuid, That whenever any dispute shall arise about roadsextending from any road leading or extending, or intended to extend from ther ,how to be fettled. one county into another county, it shall and may be lawful

for the commissioners of the highways in the town aggrieve ed, to apply to any one justice of the peace of the county, who is hereby required to issue his precept, directed to the sheriff of such county, requiring and commanding him to summon twelve freeholders, not interested in the road so in dispute, to be and appear before himn, at a time and place to be mentioned in such precept; and the said justice shall give notice in writing under his hand, to some one justice of the peace in the adjoining county, with which the dispute sublifts, who is also hereby required to iflue his precept to the sheriff of such county, who shall also summon twelve fufficient freeholders as aforesaid ; and the faid justices shall agree on a day certain, not more than twenty, nor less than five days from the date of such precept, when and where they shall meet; and the said justices, freeholders, commillioners and sheriff, being so met, the faid justices shall proceed to draw, by ballot, fix of such freeholders out of each twelve so fummoned from the two counties; and when fix men from each list Mall be so drawn, and fworn by one of the justices, well

, truly and impartially to determine thie matter in dispute, respecting the most convenient place for such road to cross the line which divides such counties, they hall be one jury, notwithstanding they are suinmoned from different counties; and such jury, together with the two justices, the commissioners and riff, shall proceed to view the road fo in dispute, and when the said jury shall have carefully viewed the premises aforesaid, and heard the proofs and allegations of the contending parties, they shall go together in some convenient place, and after any nine or more of them shall agree on a verdi&, they shall deliver the same in writing, under their respective hands and seals, to the said justices, who shall also subscribe the same ; which verdict shall be lodged in the office of the clerk of such county where the complaint was firft made, there to be entered of record; and the said justices Nåll make two other copies of the said 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 lo established in the different counties between which such dispute did subfilt ; and the clerks of such towns shall respectively enter the fame in the records of such towns; after which it shall be the duty of the commiilioners in the respective towns, to open such road agreeable to the verdict of the jury aforesaid, This clause to extend and cause the fame to be repaired as other public roads in mnety & Washington shåll only extend to the counties of Albany, Walhington

Albany Montgom any fuch county are repaired : Provided, That this clause only.

and Montgomery.

VII. And be it further ena&ted by the authority aforesaid, Penalty on juftices. That if any justice, commisfioner, sheriff or other person, &c. tor neglect of duty.

shall neglect or refuse to do, execute or perform any of the duties hereby enjoined on him or them by this act, such person or persons shall respectively forfeit the sum of two pounds, to be recovered by any overseer of the highways in the town where such default lhall have been

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

C H A P. XCIX. A1 ACT for the Payment of the Salaries of the Officers of Government, anduther contingent Charges.

Paffed 2 If April, 1787, [This act, except the eleventh fection, is obsolete.] II.

be lawful for the auditor of this stage, and he is hereby required to do and perform every act, matter and thing, which the treasurer is

directed to do and perform in and by the act, entitled, † An #gth feff. ch. 23.

act for the collection and commutation of quit-rents, paited

the first day of April, one thousand seven hundred and eighfroth feff. ch. 76. ty-lix; 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.

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CH A P. CII. AN ACT for the Relief of Persons who paid Norey into the Treasury of this

Staic, in Consequence of a Resolution of the Commitice of Safety, of the firf Day of March,One Thousand Seven Hundredand Seyerty-Seven, and for other Purpolės therein mentioned.

Pafled zift April, 1787. HEREAS several persons have paid monies into the treasury of inade the first day of March, one thousand seven hundred and seventy-seven; but as the said resolution hath not been adopted or confirmed by any convention, nor by the constitution, or the legislature of this state, many of the persons who fo paid money into the treasury, have petitioned the legislature for relief; Therefore,

1. Bcit enačied by the people of the fate of New-York, represenied in senato Ard afjembly, and it is hereby enacted by the authority of the same, That it Thall and may be lawful for the treasurer of this state for the time being, and he is hereby authorised and required to give to every person who hath paid money into the treasury, in confequence of the said resolution, or to the executors or adıninistrators of fuch person, a certificate for the amount of the money so paid into the treasury, with the interest thereof, at the rate of five pounds per cent. per annum, from the time the same was so paid into the treasury, if the same was so paid before the first day of September, in the year of our Lord one thousand seven hundred and seventy-seven; but if the fame was so paid after that day, then such certificate shall be given for the value thereof, after reducing the same according to the continental scale of repreciation, with interest for the same, at the rate aforesaid, from the time the same was so paid; which certificate shall be payable, with interest at the

rate of five per cent. per annum, and shall be received and taken in all payinents, where any other certificates given by the treasurer of this state, are or Niall be recivable by law. Provided always, That no such certificate shall be given to any person for any money fo paid into the treasury, as due to any person or persons whole estate hath been forfeited to the people of this ftate; but where monies have been so paid upon, or in discharge of any bond or mortgage, to any person whose estate is forfeited to the people of the state of New-York, such payments shall be considered as good and effectual for the specie amount of the monies fo paid, and no more ; luch amount to be settled agreeable to the scale of depreciation herein before mentioned; and fuch mortgages may be discharged in the manner directed by an act, $ 8th tell. ch. 17.

entitled, † An act to enable the clerks of the respective cities

and counties within this state, to cancel the records of certain mortgages made and executed to persons whose eftates are forfeited, on proof that such mortgages are satisfied. And the treasurer of this llate, and the justices of the supreme court, fhall make such enquiries, and give such certificates as may be neceffary for that purpose.

II. And be il further enačied by the authority aforesaid, That the treasurer of this state shall be, and hereby is discharged and indemnified of, from and against all suits whatsoever, which have been or shall be brought against him, for or on account of any money to paid into the treasury as aforesaid ; and this act shall or may be pleaded or given in evidence, in discharge of any such fuit. [It was conceived unnecesary to print any more of this act than the following clauses, the

reft being citizer expired, repealed, obfolete, or private.] XXIII. And whereas the courts of common pleas and general feflions of the peace, in and for the county of Washington, are now held in Salem, in the said county; and it hath been represented to this legislature, that it would be more convenient for the inhabitants of the said county, to hold the faid courts once in every year in Argyle ; Therefore, Be it further c'nučied by the authority aforesaid, That from and after the passing of this act, the courts of common pleas and general sessions of the peace, in and for the county of Sce loth fell.chi. 10.

Washington, shall thenceforth be held at Salem aforesaid, on

the last Tuesday in May, and on the first Tuesday in November, in every year; and at the house of Adiel Sherwood, Edquire, at Fort Edward, in the township of Argyle, on the second Tuesday of February, in every year; any thing in any other law contained to the contrary thereof, in any wise not withftanding.

XXVII. And be it firther enacicd by the authority aforeluid, That it shall and may be lawful for any public officer, who was employed during the late war, under the authority of the United States, and who now is, or hereafter shall be prosecuted for services performed at his request, or articles by him purchased or taken for the United States, or this state, to tender in court the fame public securities of the United States, or of this state, as he has received, or shall receive on the settlement of his accounts, for such services performed, or articles purchased as aforefaid, in full discharge of such demand.

9th fest. ch. 67. 11. Ady fale of the unappropriated lands within this state,

C H A P. CIII. Ai ACT fupplementary to an Aar, entilled, An Act for running out and

marking the Jurisdiüion Line between this State and the Commonwealth of Pennsylvania, and for other Purposes therein mentioned.

Pafled 21st April, 1787. [The first clause of this act is obsolete.]

ND whereas by an adt, entitled, An act for the speeand for other purposes therein mentioned; the commiflioners of the landoffice are authorised, whenever they think proper, to direct the surveyorgeneral to proceed to the sale of lands, without making a previous actual survey thereof. And whereas difficulties may arise to the proprietors of such lands, by having them surveyed by different persons; For prevention

Out-lines of lands whereof, Be it further cnačied by the authority aforesaid, ld by the Atara, to That before the proprietors of any lands hereafter to be band is divided or fold, without being previously surveyed, proceed to divide

or settle the fame, they shall make application to the furveyor-general, in writing, to run the out-lines thereof. And it is hereby made the duty of the said lurveyor-general to cause the same to be done as foon as may be, after such application shall have been made. And further, That in every survey hereafter to be performed by the surveyor-general, by virtue of his office, he shall give notice to the proprietors when he will commence the same: And if fuch proprietors shall attend, or cause some person to attend at such time, with a flag-bearer, two markers, a fufficient quantity of provision for the purpose, and the means of transporting it, as occasion Thall require, the faid surveyor-general shall cause such survey to be made, and be allowed to charge such proprietors for the service of a surveyor, at the rate of twenty shillings per day, and for two chain-bearers, to be furnished by him, four shillings per day, each. And further, That the thirieth lection of the said act shall be, and hereby is repealed.

Settled.

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I N D E X

TO THE

FIRST VOLUME

OF THE

LAWS OF NEW-YOR K.

153

A BATEMENT:

Β Α Τ Ε Μ Ε Ν Τ. WRIT to abate if sheriff is named a diffeisor by collusion,

Page 400 Writ not to abate in the whole by plea of non-tenure of parcel, 403

AB JURATION, Oath of, to be taken by persons naturalized,

15 to be taken by certain legatees,

ACADEMIES, To be visited and inspected by the regents of the university, 435, 436 How they may be incorporated,

436, 437 Power and duty of the trustees, when incorporated,

438, 439 Vacancies of trustees how to be fupplied,

440 Scholars therein, how to be admitted into college,

ibid. What offices therein not to be held by the fame persoll,

440, 441 ACCESS ARIES, Not to be outlawed until the principal be attainted,

303 ACCOUNT, A&ions of, May be brought by executors,

333 May be brought against executors or administrators of bailiffs, guardians or receivers,

335 ACCOUNTS, Public, how to be settled, Of state agent and his deputies, how to be settled,

183 Of citizens against state agent and his deputies, how to be settled,

185 Of treasurer, when and how to be examined,

185, 186 ACTIONS, Not to be brought for any thing done with intent to further the com

mon cause of America, Where process may be pursued to outlawry,

302 Not maintainable on verbal promise to answer for the debt of another, 385 Will not lie on verbal agreement in consideration of marriage,

ibid. Will not lie upon contract not in writing concerning lands,

ibid. Will not lie upon any parol agreement not to be performed within a year, ibid.

45, 46

62,63

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