eturns of arrears of taxes certifi

ed by collectors valid.

G. B. Rapel.

mute with

bim.

the village of Lewiston, pursuant to the act, entitled "an act to alter the plan of the village of Lewiston, on the Niagara river,” passed March 30th, 1810, shall be loaned on the like terms and conditions as the school fund monies are authorised by law to be loaned.

XVII. And be it further enacted, That the returns of arrears of taxes for the year one thousand eight hundred and sixteen, made from any of the counties in this state, if certified by the collectors to be true transcripts from the original assessment rolls, shall be as valid as if certified by the county treasurers respectively; and also that any such returns which may have been sworn to by the collectors, before a justice of the peace, instead of being sworn to before the county treasurer, shall also be valid, notwithstanding any omission to certify that it was in consequence of the absence of the county treasurer that the same was so sworn to.

XVIII. And be it further enacted, That it shall and may be lawye,comptrol. ful for the comptroller of this state, to settle and commute with ler may com- George B. Rapelye, for the amount of the judgment for lottery tickets, recovered against the said George B. Rapelye, in the name of Jacob Holmes, administrator of Stephen Thorn, deceased, by the attorney-general, in the supreme court of this state, upon such terms as in the opinion of the said comptroller shall be most conducive to the interests of this state.

CHAP. CCLI.

AN ACT relative to executors, administrators and guardians.
Passed April 15, 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 court of chancery, in the settlement of the accounts of guardians, executors and administrators, on petition or otherwise, to make a reasonable allowance to them for their services as such guardians, executors and administrators, over and above their expenses; and that when the rate of such allowance shall have been settled by the chancellor, it shall be conformed to in all cases of the settlement of such accounts.

CHAP. CCLII.

AN ACT to amend the act relative to district attornies, to regulate sheriff's fees in the county of Tompkins, and to appoint a commissioner to perform certain duties relative to a certain dam and locks on the Seneca river.

Passed April 15, 1817,

1. BE it enacted by the People of the state of New-York, represented in senate and assembly, That the counties of Seneca, Tompkins, Cortland and Broome, be and hereby are erected into a separate district, as to all proceedings under the act relative to district

attornies, passed April 4, 1801, and the acts amending the same and relating thereto; and it shall be the duty of the person administering the government of this state, by and with the advice of the council of appointment, to appoint and commission a proper person qualified according to the said recited acts, to the office of district attor ney, in the said district, who shall be subject to the same duties, and have the like powers, and be entitled to the like compensation, as is provided by law for the other district attornies respectively.

II. And be it further enacted, That the sheriff's fees in the county of Tompkins shall be computed from the village of Ithaca, in said county.

Whereas it is represented to the legislature, that the dam erected by Jonas C. Baldwin, across the Seneca river, and also the canal and locks required to be made by him under the act, entitled "an act to authorise Jonas C. Baldwin to erect a dam across the Seneca river," passed February 24th, 1809, are not made according to the true intent and spirit of the said act, but the navigation of the said river is rendered more difficult than before the erection of said dam and making said canal and locks, notwithstanding all persons passing through said caual and locks, with loaded boats, are subject to pay considerable toll: Therefore, to remedy the said evil,

III. Be it further enacted, That James Geddes, Esquire, of Onondaga county, be and he is hereby appointed a commissioner to review and examine the said dam, canal and locks, and to report to the next legislature his opinion, whether the same is completed according to the true intent and spirit of said act, and to point out what alteration and amendments, if any, are necessary to render the pas sage of loaded boats through the said canal and locks practicable, with such observations as the nature of the case may require.

CHAP. CCLIII.

AN ACT to authorise the supervisors of the county of Warren to raise money to complele the court-house and gaol in said county, and for other purposes.

Passed April 15, 1817.

tax.

I. BE it enacted by the people of the State of New-York, repre- supervisor sented in senate and assembly, That the supervisors of the county may raise of Warren, or a majority of them, be and they are hereby author- money by ised and required, at their next annual meeting, to raise by tax on the freeholders and inhabitants of said county, such sum of money as they shall deem necessary to complete the court-house and gaol in their said county, not exceding, however, one thousand dollars; which sum, with the addition of five cents on each dollar for collecting, shall be raised and collected in the same manner as the contingent expenses of the said county are raised and collected.

commission

II. And be it further enacted, That the commissioners appointed Treasurer to superintend the building of the said court-house and gaol, shall shell pay to draw upon the treasurer of the said county for such sum of money ers, & for the purpose aforesaid, as shall come into the hands of the said treasurer by virtue of this act; who is hereby directed to pay to

Courts of

miner their

the order of the said commissioners, the sum of money to be by them drawn for within the provisions of this act; and it is hereby made the duty of the said commissioners to account with the said supervisors for the money which they have or may receive from the said treasurer when thereunto required.

III. And be it further enacted, That the courts of oyer and teroyer and terminer and gaol delivery, shall and hereby are authorised to send duty, &c. for trial all indictments which have or may hereafter be found, at any such court, to the courts of general sessions of the peace of the several counties in which the same have or may be found; Provided, the said indictments are for offences within the jurisdiction of the said courts of general sessions.

CHAP. CCLIV.

AN ACT to alter the name of the town of Frederick, in the county of Putnam.

Passed April 15, 1817.

BE it enacted by the people of the state of New-York, represent ed in senate and assembly, That from and after the passing of this act, the town of Frederick, in the connty of Putnam, shall be called and known by the name of Kent.

CHAP. CCLV.

AN ACT authorising a further loan to the county of Niagara, to pay for building the court-house in the said county.

Passed April 15, 1817.

I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the time of payment of the sum of four thousand dollars, out of the monies due for arrears of taxes from the county of Niagara to the people of this state, be and the same is hereby extended so as to make the same payable in four equal yearly instalments, from the passing of this act: Provided, the said county of Niagara shall pay the lawful interest thereon yearly, into the treasury of this state: And provided further, That the treasurer of the said county shall advance the said sum of four thousand dollars to the commissioners appointed for building the court-house and gaol in the said county, to defray the expenses of completing the said court-house and gaol.

II. And be it further enacted, That the supervisors of the said county shall annually, for four years in succession, cause to be levied, raised and collected, in the manner that other taxes are raised and collected in the said county, the several instalments and annual interest, as the same become due to the state as aforesaid, over and above all charges of collection, for the purpose of reimbursing to the state the said advance; which sums, when paid to the treasurer of the county, shall forthwith, and from time to time, be paid by him into the treasury of this state,

CHAP. CCLVI.

AN ACT concerning the lands lately purchased from the Oneida Indians, and for other purposes.

Passed April 15, 1817.

I. BE it enacted by the People of the State of New-York, represented in senate and assembly, That the exchange of lands made with the second christian party of the Oneida nation of Indians, by a treaty dated the twenty-seventh day of March, of the present year, be and the same is hereby confirmed.

II. And be it further enacted, That the commissioners of the land office shall cause letters patent to be issued to Dolly Denney, Abraham Denney, John Denney, Sally Denney, Azor Brown, Rufus Pettibone and the reverend Eleazor Williams, and their respective heirs and assigns, for the lands stipulated by said treaty to be granted to them respectively.

III. And be it further enacted, That the person administering the government of this state, shall cause six hundred acres of the lands mentioned in the said treaty to be sold, and the avails thereof to be applied to the building of a church for the said Indians, in the manner and according to the true intent of said treaty.

IV. And be it further eracted, That the surveyor general shall cause the lands, conveyed by said treaty to the people of this state, to be surveyed into lots, not exceeding one hundred and sixty acres each, and sell the same in the manner and on the conditious mentioned in the fifteenth and sixteenth sections of the act, entitled " an act concerning the commisssioners of the land office and the sale of unappropriated lands," passed April 6, 1813, and that the monies arising from such sales be paid into the treasury, and be subject to the ordinary appropriations of the legislature.

V. And be it further enacted, That it shall be lawful for the person admisistering the government of this state, to appoint a special agent, residing near the premises, to ascertain, on behalf of the people of this state, all trespasses which may be committed on said lands, and to give notice thereof to the person administering the government of this state, and to allow such agent compensation for his services as shall be just and reasonable.

CHAP. CCLVII.

AN ACT relative to the January term of the court of common pleas and general sessions of the peace in the county of Cayuga, and for other purposes.

Passed April 15, 1817.

I. BE it enacted by the people of the State of New-York, represented in senate and assembly, That the January term of the court of common pleas and general sessions of the peace in and for the County of Cayuga, which is required to be held on the third Tuesday in January in each year, may be held and continued from the

time of its commencement until Saturday in the next week thereafter, inclusive.

II. And be it further enacted, That the inspectors of elections of the town of Whitestown, shall hold the election in said town, commencing on the last Tuesday of April, instant, in the same manner as if the said town had not been divided, any thing in the act, entitled " an act to incorporate the village of Utica," to the contrary notwithstanding; and that the acts of any inspector or other town officer residing in that part of the town of Whitestown now erected into a new town by the name of Utica, until the second Monday of May next, shall to all intents and purposes be as valid and effectual as if the said act, entitled "an act to incorporate the village of Utica," had not been passed, any thing in the said act contaided to the contrary not withstanding.

CHAP. CCLVIII.

AN ACT for the relief of John M'Donald, Archibald M'Intyre and Robert M'Queen.

Passed April 15, 1817.

WHEREAS John M'Donald and Archibald M'Intyre, of the city of Albany, have by their petition represented to the legislature, that they are the owners of a mill site and mill at Waterford, at the junction of the northern branch of the Mohawk with the Hudson river: That they purchased the site about five years ago with a full impression that a perfect title had been conveyed to them of the right to erect a dam across said branch of the Mohawk, with the privilege of using a portion of the waters thereof; but that they are now advised that the title to the said waters and the lands under them may be vested in the people of this state, and have prayed for a grant in order to quiet them in their privileges: And whereas Robert M'Queen, of the city of New-York, hath also by his petition represented, that he hath purchased a mill site at the place aforesaid, with a right to use a portion of the waters of said branch, and bad supposed his title to said waters to have been perfect, until lately advised that the same may be vested in the state, and hath prayed for a grant: Therefore,

BE it enacted by the people of the state of New-York, represented in senate and assembly, That all the right, title and interest of the people of this state in and to so much of the lands under the waters of said northern branch of the Mohawk river, as is occupied by the dam erected for the use of the said mill of the said John M'Donald and Archibald M'Intyre, and of the mill site of the said Robert M'Queen, and of the said lands which are overflowed by the waters of the said dam, when they are at the greatest height, be and the same is hereby vested in the the said John M'Donald and Archibald M'Intyre, their heirs and assigns, and the said Robert M'Queen, his heirs and assigns, to the extent and in the proportion that they may be entitled by their respective purchases: Provided, that this grant shall not be construed to interfere with or in any wise