Public act. said chancellor until the affairs of such company be finally settled. VII. And be it further enacted, That this act shall be deemed and taken to be, in all respects, a public act, and shall be favorably and benignly construed in all courts and places for the purposes thereby intended. CHAP. CXLVII. AN ACT for the relief of the devisees in the last will and testament of Theodorus Snedeker, deceased. Passed April 5, 1817. BE it enacted by the people of the state of New-York, represented in senate and assembly, That it shall be lawful for the devisees in the last will and testament of Theodorus Snedeker, deceased, to make partition of the real estate devised by the said will during the life time of his widow Effy, in the manner prescribed by the said will, and such partition shall vest the said devisees with the same estate, and be as valid to all intents and purposes, as if the same was made after the death of the said Effy Snedeker: Provided, that no such partition shall be made, unless it shall be made to appear to the satisfaction of the chanceller, that the said Effy, and all the other devisees in the said will who are of full age, shall assent to the said partition, and that the same will be beneficial to such infants as have any interest therein, and unless the same shall, on a review of all the circumstances, be directed by order or decree of the court of chancery. AN ACT to empower the president, directors and company of the Passed April 5, 1817. WHEREAS the president and directors of the New-York state bank have, under their common seal, represented, that the capital stock of the said bank is large and inconvenient, and have prayed that they may be authorised to reduce the same- -Therefore, I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the said president and directors, from time to time, as they shall find the same convenient, to reduce their said capital stock by returning to the stockholders such portion of the stock, by them respectively held in the said bank, as the interest thereof may, in their opinion, require: Provided always, nevertheless, that it shall not be lawful for the said president, directors and company to reduce their capital stock more than three hundred thousand dollars; and that the total amount of debts which the said corporation shall at any time owe, whether by bond, bill, note or other contract, over and above the specie actually deposited in the bank, shall not exceed three times the capital stock actually in the said bank; and in case of such excess, the directors under whose administration it shall happen, shall be liable for the same in their separate and private capacities, but this shall not be construed to exempt the said corporation, or any estate, real or personal, which they may hold as a body corporate, from also being liable for and chargeable with such excess; but such of their directors who shall have been absent when the said excess was contracted, or who may have dissented from the resolution or act whereby the same was so contracted, shall not be so liable. II. And be it further enacted, That as often as the said president and directors shall, by resolution, declare that any such reduction shall be made in their capital stock, they shall cause a notice thereof to be printed in at least two of the public newspapers, printed in the city of Albany, for the space of one month, in which notice they shall state the amount of such reduction and the period when the same shall be payable to the stockholders respectively. CHAP. CXLIX. AN ACT for the relief of Ralph Hascall and Ransom Noble. Passed April 5, 1817. WHEREAS John Munson, on the eleventh day of March, in the year of our Lord one thousand eight hundred and eleven, obtained from Simeon De Witt, Esquire, surveyor general, a certificate of the purchase of lot number three hundred and sixty-seven, in the Paradox tract, situate in the town of Moriah, in the county of Essex, and paid into the treasury of the state the sum of fourteen dollars and twenty cents, in part payment of the purchase money of the said lot: And whereas by virtue of a writ of fieri facias, issued out of the court of common pleas of the county of Essex, against the goods, chattles, lands and tenements of the said John Munson, the sheriff of the county of Essex levied upon, and on the third day of January, one thousand eight hundred and twelve, sold and conveyed the said lot to David A. Hascall: And whereas the said John Munson has never obtained any patent for the said lot of land, nor paid into the treasury any other part of the purchase money than is above stated: And whereas by several mesne conveyances the right and possession of the said John Munson to the said lot of land has been transferred to the said Ralph Hascall and Ransom Noble: and whereas the said Ralph Hascall and Ransom Noble have paid into the treasury the sum of twenty-three dollars, in part of the interest of the purchase money agreed to be paid by the said John Munson: Therefore, BE it enacted by the people of the State of New-York, represented in senate and assembly, That the commissioners of the land of fice be and they are hereby authorised and required, to issue letters patent for the said lot of land to the said Ralph Hascall and Ransom Noble, as tenants in common, that is to say, two equal undivided third parts thereof to the said Ralph Hascall, and one equal undivid ed third part thereof to the said Ransom Noble, on the payment by U them into the treasury of the balance remaining due, of the principal and interest of the purchase money agreed to be paid by the said John Munson. CHAP. CL. AN ACT to enable the trustees of the Hartwick seminary to selt and convey real estate. Passed April 5, 1817. WHEREAS the trustees of the Hartwick seminary, situate in the town of Hartwick, in the county of Otsego, have, by their petition, represented, that they own and are in possession of certain lands and tenements, situate in the state of New-York, and that the interest of said institution might be promoted by a sale thereof, which they are not empowered to make-Therefore, Be it enacted by the people of the state of New-York, represented in senate and assembly, That it shall and may be lawful for the trustees of the Hartwick seminary to sell, dispose of and couvey, in fee simple, all lands and tenements which have or may come to their possession, except the lot of land situate in said town of Hartwick, on which the buildings of said seminary are erected, and to loan the amount of the consideration money, which they may from time to time receive therefor, on real security of at least double the value of the loans, exclusive of improvements thereon, or to vest the same in public stock, as they shall deem most advantageous to the said seminary: Provided always, that it shall not be lawful for the said trustees to expend the principal sum or sums which may arise from such sales. CHAP. CLI. AN ACT for the relief of the trustees of the twelfth school district of the town of Whitestown, in the county of Oneida. Passed April 5, 1817. WHEREAS it is represented to the legislature, by the commissioners of the common schools, in the town of Whitestown and county of Oneida, and the trustees of district number twelve in said town, that a common school was kept in said district, in the winter of eighteen hundred and sixteen, agreeable to the requisitions of the act for the better establishment of common schools; that a report was made out of the number of children in said district, and every other requisite of said act was complied with, excepting that by reason of the ab-sence of said commissioners, and other accidents, the report was not delivered to the said commissioners until after the distribution of the monies received for the support of commou schools for the year aforesaid; that the proportion of said school monies, to which said district number twelve was entitled, amounted to one hundred and sixtytwo dollars and fifty cents, which sum said trustees had actually ex pended in keeping a common school in said district; and said trustees have prayed for relief in the premises-Therefore, BE it enacted by the people of the State of New-York, represented in senate and assembly, That the commissioners of common schools of the town of Whitestown aforesaid, be and they are hereby required to pay to Nathan Williams, Ebenezer B. Sherman and Erastus Clark, late trustees of school district number twelve, in said town of Whitestown, the sum of one hundred and sixty-two dollars and fifty cents, out of the school monies in their hands, or which may next come into their hands, and that a division of the residue of the said school monies be made among the school districts in said town, agreeable to the aforesaid act, after deducting the sum above mentioned. CHAP. CLII. AN ACT to amend the act, entitled" an act for the relief of the settlers on lands belonging to the Stockbridge Indians. Passed April 5, 1817. may remove Superintend warrants. I. BE it enacted by the people of the state of New-York, represented in senate and assembly, That it shall be the duty of the attorney of the Stockbridge Indiaus, if he considers any person who now resides or shall hereafter come to reside on the lands of the said In- Attorney dians, who is not entitled by law to settle on said lands, is likely to settlers. be injurious to the said Indians by corrupting their morals, or by injuring their lands or property, to notify such person it writing to remove from said lands; and in case such person shall neglect to remove for the space of ten days after receiving such notice, it shall and may be lawful for any one of the superintendants of the said Indians, on complaint of their attorney, to issue a summons command- ants to issue ing such person to appear before the superintendants of the said Stockbridge Indians, at such time and place as the superintendant, who shall issue such summons, shall appoint, to shew cause why he or she should not be removed from the lands of said Indians, which summons may be served by the sheriff or any constable of either of the counties of Oneida or Madison, by reading the same to the person to be summoned, and leaving a copy of said summons, if required, at least ten days before the time appointed in such summons, for his or her appearance before said superintendants, and said summons being returned duly served as aforesaid, it shall be the duty of the said superintendants, or a majority of them, to assemble for that purpose at the time and place mentioned in said summons, or at such other time and place to which said superintendants may adjourn the hearing of such complaint, not exceeding ten days thereafter, to examine into said complaint; and if the said superintendants, so assembled, shall find and adjudge such person so complained of, is at the time of such adjudication, resident on the lands of said Stockbridge Indians, and is likely to prove injurious to their morals or their property, and that he or she has no legal right to reside on said lands, it shall be the duty of the superintendants, so assembled, to order such person with his or her family to be removed from said lands; and they shall further order and adjudge that such person shall pay Person complained of may be removed. Goods may be sold. Witnesses such sum as the said superintendants shall adjudge necessary to defray the expense of such proceedings; and said superintendants shall issue their warrant, under their hands and seals, directed to the sheriff or any constable of the counties of Oneida or Madison, commanding the officer to whom such warrant is directed, to remove the person so complained of and his or her family, if any he or she hath, from the lands of said Indians, and to distrain and sell the goods and chattels of such person, sufficient to raise the sum adjudged for the costs of such proceedings; and it shall be the duty of the said officers, to whom such warrant shall be directed and delivered, to execute the same without delay, and to make return thereof, with the costs, to said superintendants. II. And be it further enacted, That the said superintendants, or summoned. any one of them, may issue a subpoena, for witnesses to appear be fore them, on the trial of any complaint, triable by virtue of this act; and it shall be the duty of each and every person subpoenaed as a witness, to attend before said superintendants, and be sworn, and give evidence as to what he or they may know, respecting the complaint then on trial, before the said superintendants, which oath each and every of the superintendants are hereby authorised to adminis ter; and it shall be the duty of each of the said superintendants, to issue the like subpoena in favor of the person complained of if required so to do. Costo. Superinten. dians to be ants of Stock bridge Indians. III. And be it further enacted, That the following costs, and no other, shall be allowed for executing the duties required by this act; for a summons, twelve and an half cents; for every order, one dol lar; for a warrant, twenty-five cents; for a subpoena, for each witness, six cents; serving subpoena, on each witness, twelve and an half cents; each witness attending, twelve and an half cents; swearing each witness, six cents; for serving a summons, the same fees as are allowed to constables for serving a summons, by the act for the recovery of debts to the value of twenty-five dollars, and for serying a warrant, such sum as said superintendants shall adjudge to be reasonable. dants of Bro- IV. And be it further enacted, That the superintendants of the thertown In- Brothertown Indians, who now are and may hereafter be appointed, superintend shall, during their continuance in office, be the superintendants of the Stockbridge Indians, for all the purposes mentioned in this act. V. And be it further enacted, That the third section of the act, an act for the relief of settlers on the lands belonging to entitled " tion of form the Stockbridge Indians, passed 22d March, 1816, be and the same er act repeal. is hereby repealed. Third sec ed. CHAP. CLIII. AN ACT to amend the act, entitled " an act to enable the trustees of the village of Newburgh to supply the inhabitants thereof with pure and wholesome water." Passed April 5, 1817. I. BE it enacted by the people of the state of New-York, repre anted in senate and assembly, That it shall be lawful for the said |