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Applicatious to be grants and donations.

made for

canals, to be explored and examined for the purpose of fixing and determining the most eligible and proper routes for the same, and to cause all necessary surveys and levels to be taken, and accurate maps, field books and drafts thereof to be made, and further to adopt and recommend proper plans for the construction and formation of the said canals, and of the locks, dams, embankments, tuonels and aqueducts which may be necessary for the completion of the same, and to cause all necessary plans, drafts and models thereof, to be executed under their direction.

IV. And be it further enacted, That the said commissioners or a majority of them, shall be, and they are hereby authorised and required to make application in behalf of this state, to the government of the United States, and of such states and territories as may be benefitted by the said canals or either of them, to the proprietors of lands through or near which the said canals or either of them may or may be proposed to pass, to all bodies politic and corporate, public or private, aud all citizens or inhabitants of this or any other of the United States, for cessions, grants or donations of land or money, for the purpose of aiding in the construction or completing of both or either of the said canals, according to the discretion of the several grantors or donors, and to take to the people of this state, such grants and conveyances as may be proper and competent to vest a good and sufficient title in the said people to the lands so to be ceded or granted as aforesaid, and for the purposes above mentionSubscription books to be ed, it shall be the duty of the said commissioners to open books of opened. subscription in such and so many places as they may think necessary and expedient, and under such rules and regulations as they may from time to time establish: And further, it shall be their duty to ascertain whether to any and to what amount, and upon what terms loans of money may or can be procured on the credit of this state, for the purposes aforesaid.

Estimate of

V. And be it further enacted, That it shall be the duty of the the expense said commissioners to make, or cause to be made, with as much accuto be made. racy and minuteness as may be, calculations and estimates of the sum or sums of money which may or will be necessary for completing each of the said canals, according to the plan or plans which may be adopted and recommended by them, for the construction or formation of the same, and to cause the said calculations and estimates, and all surveys, maps, field books, plans, drafts and models authorised and directed by this act, or so many thereof as may be completed, together with a plain and comprehensive report of all their -proceedings under and by virtue of this act, to be presented to the Legislature of this state within twenty days after the commencement of the next regular annual session thereof.

tion of not

VI. And be it further enacted, That the treasurer shall, on the Appropria- warrant of the comptroller, pay to the order of a majority of the said exceeding commissioners, out of any monies in the treasury not otherwise ap20,000 dls. propriated, any sum or sums not exceeding twenty thousand dollars. and for which the said commissiouers shall account to the comptroll er of this state

Former acts

VII. And be it further enacted, That the act entitled "an act to repealed. provide for the improvement of the internal navigation of this state," passed the 8th day of April 1811, and the act, entitled "an act further to provide for the improvement of the internal navigation of this state," passed June 19th, 1212, be and the same are hereby repealed.

LAWS

OF THE

STATE OF NEW-YORK,

PASSED THE FORTIETH SESSION OF THE LEGISLATURE,
BEGUN AND HELD AT THE CITY OF ALBANY,
THE FIFTH DAY OF NOVEMBER, 1816.

CHAP. I.

AN ACT to suppress duelling.

Passed November 5, 1816.

I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That if any person whatsoever shall challenge another to fight a duel, with any weapon, or in any manner whatsoever, the probable issue of which may or might result in the death of the challenger or challenged, or if any person shall accept a challenge or fight a duel, with any weapon or in any way whatsoever, the probable issue of which may or might terminate in the death of the challenger or challenged, or if any person shall knowingly be the bearer of any challenge or message, sent for the purpose of requesting or inviting any other person to meet the person so sending su h challenge or message or any other person, with intent to fight such duel, such person shall be deemed guilty of a public offence, and being convicted thereof, shall be incapable of holding or being elected to any post of profit, trust or emolument, civil or military, under this state.

Penalty for

sending or accepting a challenge to fight a duel.

Members of

bly and other

II. And be it further enacted, That every person who shall hereafter be elected a member of the Senate or of the Assembly of this state, and from and after the first day of July next, every person who the Senate shall be elected or appointed to any office or place, civil or milita- and Assemry under this state, except town officers, and every person who officers to shall be admitted a counsellor, attorney or solicitor of the court of take an oath. chancery, supreme court, or any court of common pleas, or mayor's court, in this state, shall, in addition to the oath or oaths now prescribed by law, take the following oath or affirmation: "I

oath.

do solemnly swear or affirm, (as the case may be) that I have not Form of the been engaged in a duel by sending or accepting a challenge to fight a duel, or by fighting a duel, or in any other manner, in violation of the act, entitled 66 an act to suppress duelling," since the first day of July, in the year of our Lord one thousand eight hundred and sixteen, nor will I be so concerned, directly or indirectly, in any du el during the continuance of the said act, and while and inhabitant of this state ;" and that if any person taking such oath shall wilfully swear falsely therein, such person shall, on conviction thereof, be

to enquire

committed

under this act.

Duties of

justices of the

liable to the like pains and penaltiss as those who are convicted of wilful and corrupt perjury.

Grand juries III. And be it further enacted, That it shall be the duty of the to be charged justices of the courts of oyer and terminer and general goal delivery, into offences and general sessions of the peace, at every session, to give in charge to the grand jury of the county in which either of the said courts shall be held, to enquire of all offences committed against this act. IV. And be it further enacted, That whenever any judge or judges and justice of the peace, shall have good cause to suspect that any person or persons are about to be engaged in a duel, he shall issue his warrant to bring such person or persons before him and if he shall think it proper to take of them or either of them a recognizance to keep the peace, he shall insert in the condition, that the party or parties shall not, during the time for which he or they shall be bound, directly or indirectly be concerned in a duel, either with the person suspected, or with any other person within the time limited by the recognizance.

peace.

Persons go

state to fight

:

V And be it further enacted, That if any person shall, for the ing out of this purpose of eluding the operations of the provisions of this law, leave duels with a the state, the person so offending, shall be deemed as guilty, and be this act, how subject to the like penalties as if the offence had been committed tobe proceed within this state; and if any person shall leave this state with the ined against.

view to elude

District attornies to in

ernor of

this act.

ention of giving or receiving a challenge to fight a duel, or of aiding or abetting in giving or receiving such challenge, and a duel shall actually be fought, and whereby the death of any person shall happen, and the person so leaving the state shall remain thereout, so as to prevent his apprehension for the purpose of a trial, or if any person shall fight a duel in this state, or aid or abet therein, whereby any person shall be killed, and then flee into another state, it shall be the duty of the person administering the government of this state to pursue all legal means to cause such offender to be apprehended and brought to trial in the county in which the offence was committed, when the duel hath been fought within this state; and when it shall have been fought without this, then in that county where, in the opinion of the person administering the government of this state, the evidence against the offender can be best obtained and produced upon his trial.

VI. And be it further enacted, That it shall be the duty of the form the gov. several district attornies within this state, to give information to the breaches of person administering the government of this state, whenever a case shall arise within their respective districts, rendering his interposition under this act necessary, and each of the said district attornies, either at the first court of general sessions of the peace to be held in his district after the first day of July next, or at the time of his acceptance of his office, where such district attorney shall be hereafter appointed, shall take the following oath: "I do solemnly swear taken by dis or affirm, (as the case may be) that I will, to the best of my ability, execute the duty imposed on me by the act to suppress duelling."

Oath to be

trict attorn

ies.

Former act repealed.

VII. And be it further enacted, That from and after the first day of July next, the act, entitled " an act to prevent duelling," be and the same is hereby repealed.

CHAP. II.

AN ACT for the relief of the settlers on the East Cayuga Reservation, in the county of Cayuga.

Passed November 12, 1816.

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, and the comptroller of this state is hereby required, to extend the term of credit on the bonds and mortgages due to the people of this state, on that part of the lands in the East Cayuga Reservation, situate in the county of Cayuga, for the term of two years from the passage of this act: Provided however, that the several owners of the lands so mortgaged, shall, within one year from the passing of this act, pay into the treasury of this state, all the interest which shall then be actually due on the said mortgages respectively, and shall also satisfy the comptroller, that the extension of credit will not endanger the ultimate payment of the money secured by the mortgages on the property by them severally owned.

CHAP. III.

AN ACT for the relief of James W. Dominick.

Passed November 12, 1816.

an act

BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That from and after the passage of this act, all fines, forfeitures and penalties, which may have been incurred by James W. Dominick, under the act, entitled " for the more effectual prevention of fires in the city of New-York," passed April 11, 1815, by reason of the erection of a building owned by him, and situate on the corner of Chatham-street and Chathamsquare, in said city, be, and the same are hereby remitted, and that the said building so erected as aforesaid, shall not be deemed to be a common nuisance, nor liable to be indicted, abated or removed as such under the act above mentioned.

CHAP. IV.

AN ACT concerning Daniel Northrop.

Passed November 12, 1818.

WHEREAS Daniel Northrop, was in the month of September last, at a court of oyer and terminer, in the county of Saratoga, convicted of the murder of Cornelius Allen, and is now under sentence of death: And whereas the presiding judge hath reported that there is so much doubt of the sanity of the said Daniel, at the time of the commission of the crime, that he ought not to be executed; and the

judge also reporting that the insanity of the said Daniel renders it unfit that he should be confined in the state-prisou, and that he has friends who are willing, at their own expense, to provide for his sup port in some suitable asylum: Therefore,

1. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the execution of the said Daniel Northrop, on the conviction aforesaid, shall be suspended until the first day of March next; and if before such time, the friends or relatives of the said Daniel shall comply with the provisions herein after contained, the said Daniel shall, thereupon, be held to be fully and absolutely pardoned for the offence aforesaid.

II. And be it further enacted, That if any one or more of the friends or relatives of the said Daniel, shall prior to the said first day of March, procure a situation for him in some lunatic hospital or assylum, which the person, administering the government of this state, shall approve of, aud give bond to the people of this state, in such sum and with such surety, as shall be satisfactory to the comptroller of this state, with condition forthwith to convey the said Daniel to such hospital or asylum, and to keep and maintain the said Daniel at such hospital or asylum, until he shall be therefrom discharged by permission of the executive of this state, the first or senior judge of the county of Saratoga, shall, thereupon, by warrant under his hand, order the sheriff of the said county to deliver the said Daniel to some proper person, to be named in such order, to be conveyed to such hospital or asylum; and the said bond and warrant shall be filed with the comptroller, and be deemed, to all intents and purposes, matters of record in his office.

ing declared legal.

CHAP. V.

AN ACT to amend “an act relative to the town of Winfield, in the county of Herkimer, and for other purposes."

Passed November 12, 1817.

I. Be it enacted by the people of the State of New-York, repreTown meet sented in Senate and Assembly, That the town meeting, held in the said town of Winfield, in the present year, shall be deemed as legal, to all intents and purposes, as though the time had been designated for holding said meeting, in and by the said act hereby amended.

II. And be it further enacted, That the line running from the Boundaries. southwest corner of Cockran's patent, shall extend along the line of said patent northwardly and eastwardly to the southwest corner of the town of Litchfield, and thence along the line of said town northwardly, to the place of beginning, any thing in the act hereby amended to the contrary notwithstanding.

Attorney general au. thorised to discharge

III. And be it further enacted, That in cases where the attorney general shall ascertain that lands, mortgaged to the state, to secure the payment of loans made, are incumbered by prior judgments or mortgages, it shall be lawful for him, with the advice and consent of lands mort the comptroller, to discharge such prior incumbrances or purchase, and take assignments to and in the name of the people of this state,

prior incumbrances on

gaged to the

state.

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