the attorney general whether the lands to be mortgaged to secure such loans are incumbered by judgments.

on convicts.

XXIV. And be it further enacted, That the certificates of the Certificates delivery at the state prison, of convicts sentenced to imprisonment in of delivery the state prison, shall be given by the principal keeper of the state of state prisprison, to and in the name of the person delivering the prisoners, whether such person be the sheriff of the county where the prisoners were convicted, or his deputy.

Clark'soffice

XXV. And be it further enacted, That it shall and may be lawful for the board of supervisors of the county of Broome to draw in Broome on the treasurer of said county for the further sum of three hundred county to be completed. dollars, to be appropriated to the completion of the fire-proof clerk's office in said county; and the treasurer of the said county is hereby authorised and required to pay such sum out of any monies now remaining, or which shall hereafter be in his hands unappropriated. XXVI. And be it further enacted, That the sum of two thou- Appropriasand dollars be, and the same. is hereby appropriated, for the pre- tion for the servation of the works and fortifications erecting by the state on ten island. Staten island; and the comptroller shall issue his warrant for the same, on the order of the person administering the government.

forts on Sta

XXVII. And be it further enacted, That it shall be lawful for Execution the attorney general to suspend issuing an execution for one year, on against G. a judgment recorded in the supreme court of this state, in favor of B. Rapelye Jacob Holmes, administrator of Stephen Thora, deceased, against suspended George B. Rapelye, the amount of which judgment is due to the people of this state.

for one year

XXVIII. And be it further enacted, That one third of all monies Deposits in which may at any time hereafter come into the treasury of this state, the Mechanexcept such sums as shall be deposited, to the credit of the treasury, ics & Farm-. on the bank of New-York, shall be deposited in the Mechanics and ers' bank. Farmers' bank in the city of Albany, any law to the contrary notwithstanding-subject to all the same provisions relative to the manner of keeping the.account, as contained in the third section of the act, entitled "an act relative to the office and duties of the treasurer of this state; and it shall be the duty of the comptroller to procure from the books of said bank, monthly statements of all the monies which shall be received into, and paid out of the same, on account of the treasury of this state: And it shall be the duty of the Governor, by and with the advice and consent of the council of appointment, to appoint some suitable person as a director of the said bank, for and on the part of the state: Provided, that within thirty days after the passage of this act, the president and directors of the said Mechanics and Farmers' bank shall, as a condition of receiving said deposits, file a certificate of their consent to the appointment of such director, in the office of the comptroller of this state.

XXIX. And be it further enacted, That a circuit court and Circuitcourt court of oyer and terminer and general gaol delivery, shall be holden in Warren in and for the county of Warren, at the Lake George coffee-house, county. in the town of Caldwell, in said county, on the second Monday of July next.

XXX. And be it further enacted, That the committee for ex- Certain bills amining the treasurer's accounts, may destroy, by burning, such ofcredit may bills of credit, of the emission of one thousand seven hundred and bedestroyed

R. Platt &

eighty-six, and one thousand seven hundred and eighty-eight, as have been or may be redeemed by the treasurer of this state, first making a list of such certificates, specifying their designating numbers and amounts, which list they shall sign and lodge in the comptroller's office.

XXXI. And be it further enacted, That the treasurer, on the W Carpen- warrant of the comptroller, shall pay to Richard Platt, late assistant ders salaries commissary for the southern district of this state, and to the legal representatives of William Carpender, late one of the assistant commissaries of the western district, the salaries of the said assistant commissaries respectively, from the time of the passing of the act, entitled an act to amend the act, entitled "an act concerning the inspection of soal-leather, and for other purposes," passed 18th April, 1815, to the ninth day of July last, when they received their appointments under said act-they having respectively performed the duties of said offices during the time aforesaid.

Treasury

XXXII. And be it further enacted, That the comptroller be, notes to be and he is hereby authorised, to receive in payment of interest due received for to this state from the United States, treasury notes of the United interest by States, which may be funded for stock, bearing interest at the raté comptroller of seven per cent. per annum, payable quarterly; and when so received either to fund or sell the same for the people of this state, as he shall deem most for the interest of this state.

Allowance to B. V. Clench.

Pettibone stoves.

XXXIII. And be it further enacted, That the treasurer, on the warrant of the comptroller, shall pay to Benjamin V. Cleach, such sum as the comptroller shall deem a reasonable compensation for his services as auctioneer, in selling lands for taxes, in the month of November last.

XXXIV. And be it further enacted, That the treasurer, on the warrant of the comptroller, shall pay the expense of erecting Pettibone stoves, in any or all of the public offices in the state hall.

XXXV. And be it further enacted, That it shall be lawful Temporary for the comptroller to make temporary loans from any bank or banks Foans may within this state, if he find the same necessary, in order to meet legal demands on the treasury, and to engage on behalf of this state, to make payment of such loans within specific periods.

be made.

Loans may

due to cer

XXXVI. And be it further enacted, That it shall be lawful for be made to the comptroller, to borrow, in addition to the sum prescribed, in and pay debts by the first section of the act, entitled "an act to create a public and tain banks. transferable stock, and to lay and collect additional taxes, for the use of this state," the sum of two hundred thousand dollars, on the like interests, terms and conditions, as are prescribed in and by said act: And it shall be the duty of the comptroller, out of the monies to be borrowed under said act, and under this provision, to discharge the debts due from this state to the Merchant's Bank, the Manhattan company, the New-York State Bank and the bank of Albany: Provided however, that the said debts shall only be paid to such of the said banks as shall loan on the interest, terms and conditions prescribed by said recited act, a sum or sums at least double in amount to the sums so to be paid off and discharged.

Proviso.

Expensesfor

XXXVII. And be it jurther enacted, That it shall be lawful for the repairs the emptroller to audit and allow the surveyor general's account of allowed. necessary expenses in repairing the state hall, and for the erection

of state hall

of a gallery in the comptroller's office, for the preservation of the books and papers in that office and to draw his warrant on the treasurer, for the payment of such balance as shall be found due to the said surveyor general, over and above the appropriation made in and by the tenth section of the "act, for the payment of certain officers of government, and for other purposes," passed the 18th of April, 1815; and in the settlement of the said account, it shall be lawful to allow to the said surveyor general, for the interest which he shall appear to have paid for monies borrowed for the objects aforesaid: And further, that the surveyor general be authorised to erect a stone drain through the state hall lot, in place of the wooden one now there; and that the treasurer, on the warrant of the comptroller, pay the expense thereof.

clerks

XXXVIII. And be it further enacted, That the treasurer, on the warrant of the comptroller, pay to the several county clerks, County within this state, the expenses they may have respectively incurred allowed in distributing, in conformity to the concurrent resolutions of the certain Senate and Assembly of the fifteenth day of April, in the year one expenses. thousand eight hundred and fourteen, copies of the act, entiled "an act for taking a census of the electors and inhabitants of this state," passed 15th April, 1814.

XXXIX. And be it further enacted, That so much of the act, Rensselaer entitled "an act to alter the terms of the courts of common pleas, and com. pleas. general sessions of the peace, in the county of Rensselaer," as relates

to the August term of the said court of common pleas in said county, be, and the same is hereby repealed.

Black river

XL. And be it further en ctd, That the time limited for completing the navigation of the Black River, in and by "an act, entitled an act to amend an act, entitled "an act, for improving the naviga navigation. tion of the Black river, in the county of Jefferson," passed 8th March, 181; and in and by the fourth section of an act, entitled "an act concerning certain quit rents, and for other purposes" passed June 19th, 1812, be and the same hereby is extended to the first Monday in May, in the year one thousand eight hundred and eighteen, any law to the contrary notwithstanding.

completed

XLI. And be it further enacted, That the board of supervisors of the county of Ontario be, and they are hereby authorised, to Ontario co apply so much of the money in the treasury of said county, not otherwise gal to be appropriated, or to come into said treasury by the sale of the old jail and lot in the village of Canandaigua, as will be necessary to pay the balance of the expenditure made by their committee, in building the new jail in said county, and the purchase of a small lot annexed thereto; and the treasurer of said county is hereby authorised to pay to the building committee of the said board of supervisors, the balance of their accounts agreeable to the provision aforesaid.

XLII. And be it further enacted, That the treasurer shall pay, I. Wilson & on the warrant of the comptroller, to Isaac Wilson, twenty-five dol- others to be paid for arms lars, and to Ebenezer Wilson, junior, and Ira Wilson, seventy-nine dollars and fifty cents, for sundry arms and accoutrements furnished by them for the use of this state.

Superinten

XLIII. And be it further enacted, That all accounts against the dant of comsuperintendant of common schools, for the postage of his official let- mon schools ters. shall be audited by the comptroller, and paid on his warrant to be allowtherefor, out of any monies in the treasury not otherwise appropriated.

ed postage

settled.

Accounts of XLIV. And be it further enacted, That in order to enable Lucy W. Carpender to be Carpender, widow of William Carpender, deceased, late assistant commissary of the western district, to settle the account of her deceased husband with the comptroller, which, by reason of the death and derangement of the papers of the said William Carpender, she is now unable to do, the comptroller is hereby directed to release and discharge the estate of said William Carpender from the demand which appears against him on the comptroller's books, amounting to three hundred and fifty-five dollars and nine cents.

the bodies of

XLV. And be it further enacted, That no defendant shall be Inwhatcases allowed the exemption of his body from imprisonment, under the defendants first proviso of the eleventh section of the act, entitled "an act for are to be ex- the recovery of debts to the value of twenty-five dollars, unless at emptedfrom the time of pleading such exemption he shall give satisfactory security imprisonnient. to the justice trying the cause, that he will be within the jurisdiction

Additional allowance

of the said justice, so that his body may be taken in execution, provided the said instalments shall not be paid as they fall due; and when such security shall be given, and default made in the premises, the person becoming such secury shall answer the default, by paying the said judgment, or by producing the body of the defendant, so that it may be taken in execution within thirty days after such default.

XLVI. And be it further enacted, That there be allowed annually to the superintendant of the salt springs in the county of Onondaga, in to the sup.of addition to his present salary, the sum of two hundred and fifty dollars. salt springs. XLVII. And be it further enacted, That the treasurer, on the J. F. Bacon warrant of the comptroller, shall pay to John F. Bacon, clerk of the to be paid Senate, such sums of money as have been expended by him, during the late recess and the present session of the Legislature, for furniture for the Senate chamber and the lobby of the Senate.

for furniture to senate chamber.

pay

XLVIII. And be it further enacted, That the treasurer shall Allowance pay, on the warrant of the comptroller, to the door-keeper of the to the door council of revision and the council of appointment, the same additional keeper ofthe councils. for his attendance on the council of appointment during the recess of the Legislature for the last year, as was allowed to him by the act, entitled "an act for the payment of certain officers of government and for other purposes," passed in the year one thousand eight huodred and fifteen.

salary.

XLIX. And be it further enacted, That the reporter appointed, Reporter's or hereafter to be appointed by the justices of the supreme court, in pursuance of the ninth section of the act, entitled "an act concerning the supreme court," shall, from and after the first day of May next, be allowed for his salary the annual sum of two thousand dollars, to be paid quarterly, by the treasurer, on the warrant of the comptroller; subject, nevertheless, to the same provisos which are contained in the act, entitled "an act relative to the salary of the reporter appointed by the justices of the supreme court," passed April 15, 1814.

Commis

sioners to

L. And be it further enacted, That James Burt, Peter W. Radcliff and Thomas C. Tayler be, and they are hereby appointed examine re- commissioners, to examine into all matters relating to the management lative to the state prison. of the concerns of the state prison, and to report to the Legislature, at the next session thereof, whether any, and if any, what improvements may be made in the system of conducting and managing of said institution, so as to reduce the expense thereof; and in order that the said commissioners may be the better enabled to form a correct judgment of what may be necessary, if any thing, for the improvement

and more economical management of the said institution, the said commissioners, or any one or more of them, may, at the expense of this state, visit the state prison at Philadelphia; and the sum of five hundred dollars is hereby appropriated, for the services and expenses of the said commissioners; and the said commissioners shall account with the comptroller for the expenditure of the money which may be paid to them; and the said commissioners shall be allowed for their services, whilst engaged in the duties assigned to them,five dollars per day.

LI. And be it further enacted, That the surveyor-general shall Surveyorbe allowed, instead of his present salary, a salary of two thousand general's salary. two hundred and fifty dollars per annum, to be calculated from the first day of January last,

LII. And be it further enacted, That the treasurer shall be allow- Treasurer's ed, instead of his present, a salary of two thousand dollars per annum, salary. to be calculated from the first day of January last.

LIII. And be it further enacted, That so much of the eleventh Part of the section of the act, entitled "an act for the recovery of debts to the 25 doll. act value of twenty-five dollars," as exempts the defendant's body from repealed. execution, be and the same is hereby repealed.

CHAP. CCXXXVII.

AN ACT to provide for the improvement of the internal navigation of this state. Passed April 17, 1816. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Stephen Van Rensselaer, Commis De Witt Clinton, Samuel Young, Joseph Ellicott and Myron Holley, sioners. be, and they are hereby appointed commissioners, to consider, devise and adopt such measures as may or shall be requisite, to facilitate and effect the communication, by means of canals and locks, between the navigable waters of Hudson's river and lake Erie, and the said navigable waters and lake Champlain; and in case of the resignation or death of any of the said commissioners, the vacancy thereby occasioned, shall be supplied by the Legislature, in the manner in which senators of the United States, from this state, are directed to be chosen.

President &

II. And be it further enacted, That the said commissioners shall choose one of their number, to be president of their board, and shall secretary to appoint a fit person for their secretary, who shall be allowed and be chosen. paid such salary as the said commissioners shall deem proper and reasonable: And the president of the said board of commissioners, shall have power to call a meeting of the same whenever in his opinion, the public interests require it; and the said board may adjourn from time to time, to meet at any time and place they may deem most conducive to the public good: And further, the said commissioners shall have power to employ such and so many agents, engineers, surveyora, draftsmen and other persons, as in their opinion may be necessary to enable them to fulfil and discharge the duties imposed upon them by this act, and to allow and pay the said agents, engineers, surveyors, draftsmen and other persons, for their respective services, such sum or sums as may be adequate and reasonable.

III. And be it further enacted, That it shall be the duty of Route of the the said commissioners, as soon as may be after the passing of this canal to be act, to cause those parts of the territory of this state which may lie explored. upon or contiguous to the probable courses and ranges of the said