by them received and expended in conformity to this act during the year preceding. And be it further enacted, That each of the commiffioners shall be allowed the fum of one dollar per day for every day they fhall be employed in executing the duties enjoined on them by this act, to be retained out of the monics directed to be paid into their hands by this act, and to be ac counted for to the fuperintendants of the county at their annual meeting, And be it further enacted, That the fuperintendants of highways of the Superintendants to Counties refpectively, out of any monies which may come caute mile ftones or into their hands by virtue of this aft, fhall caufe proper puts to be erected on tones or posts to be erected by one of the fides of the poft road leading from Kingsbridge to Albany, thence to Schenectady, thence on the highways nearest the Mohawk river, and on both fides thereof, to Old Fort Schuyler, at the distance of one mile from each other, and fhall caufe to be engraved or carved on cach, fuch num ber, words and device as they fhall direct. And if any perfon fhall Ten dollars penalty Wilfully injure, deftroy or carry away any fuch stone or tar destroying or depoft, or deface the number, words or device thereon, the Lertain roads. facing a mile ftone. offender fhall pay for fuch offence the fum of ten dollars, to be recovered by any one of the commiffioners or overfeers of the roads and highways, before a juftice of the peace in the fame manner as penalties for other offences in contravention of this act are directed to be recovered; part of which fhall, by the perfon recovering the fame, be employed in repairing fuch ftone, poft, words or device, and the refidue in the fame manner as monies arifing for the penalties for obftructing roads or highways are by this act directed to be employed. erected at the inter &c. And be it further enacted, That the fuperintendants of each of the counties aforefaid, fhall out of any monies which may come Superintendants to caufe guid polts to be into their hands by virtue of this act, caufe guide poits, fection of all poil roads with proper defcriptions and devices to be erected at the interfections of all the poft roads in this ftate, bye-roads leading to or from any town, village or landing: And it fhall be the duty of the overfeers of the highways in the feveral towns to maintain and keep in repair fuch guide poft or guide pots as may be erected by order of the fuperintendants within the limits of the districts for which they are elected or appointed refpectively; and every person who fhall injure or deface fuch defcription, or destroy fuch guide poft or guide pofts, fhall forfeit the fum of ten dollars, to be recovered by any one of the commiffioners and overfeers of highways of the town, before any justice of the peace of the county, in the fame manner as penalties for obftructing roads are directed to be recovered, part of which to be appropriated by the perfon recovering the fame in replacing fuch poft, or repairing fuch injury, and the remainder to be paid in the fame manner as penalties for obftructing roads are directed to be paid. And be it further enacted, That from and after the first day of September Width between all next, all new waggons to be built in any part of this ftate, waggon wheels to be fhall be fo conftructed as that when the wheels are placed nots than five feet. upon the axletrees the oatfide of the fellows of the two wheels on the fame axletree shall not be lefs than five feet afunder. Penalty on waggons And be it further enacted, That if after the urit day of September next, the owner of any waggon fhall travel therewith, or fhall not constructed after fuffer any other perfon to travel therewith on any public the above rule. highway, if the fame fhail be a waggon constructed after the day laft aforefaid, and shall not be made as to the axletrees and wheels in conformity with the dimenfions mentioned in the laft preceding fection, fuch owner being an inhabitant of this ftate, fhall forfeit the fum of one dollar when and as often as fuch waggon fhall be found fo travelling as aforefaid, to be recovered and applied in like manner as penalties for obstructing roads are directed to be recovered and applied. Provided, That no more than one fuch forfeiture by the owner of the fame waggon fhall be incurred in the fame day. And be it further enacted, That the a&t entitled, "An act relative to the roads and highways in the city of Hudfon," be and the fame is hereby repealed, and that the city of Hudfon fhall be confidered as a town for all the purposes contemplated in this act. And be it further enafled, That all public acts relative to the highways in this ftate, except fuch as relate to the city and county of New-York, the counties of Suffolk, Queens and Kings, fhall be and hereby are rerepealed. BE CHAP. XLIV. An ACT fupplementary to an Act entitled," an Act for the relief of the Indians refiding in New Stockbridge and Brothertown. Paffed the 23d March, 1797. E it enalted by the People of the State of New-York, reprefented in Senate and Affembly, That all that tract of land, being a tract of fix miles fquare confirmed by the Oneida Indians to the Stockbridge Indians at the treaty held at Fort Stanwix in the year one thousand feven hundred and eighty-eight, fhall be and remain to the faid Stockbridge Indians and their pofterity for ever, but without any power of alienation or right of leafing the fame or any part thereof; and that all and every law of this state giving or granting any right or power of leafing the faid lands or any part thereof shall be and hereby is repealed. And be it further enacted, That if any white perfon whomfoever shall enter upon any of the lands commonly called New Stockbridge, whether fuch land is or shall be allotted to any particular Indian, or remain as the common property of the faid Indians, and fhall there cut down any tim ber or improve any fuch land, the perfon fo doing fhall be deemed guilty of a trefpafs, the content of any Indian other than the confent of the peace makers, notwithstanding, fhall forfeit and pay the fum of twentyfive dollars for each offence; and it fhall and may be lawful for the peace makers to profecute for and recover fuch forfeiture with cofts of fuit in any court having cognizance thereof, which forfeiture when recovered, fhall be applied by the peace makers to fuch ufes as they shall deem most beneficial to the Indians refiding on the tract aforefaid. And be it further enacted, That the Reverend John Serjeant, miffionary to the faid Indians, fhall have the like remedy for the recovery of any debt or demand which he may have against any Indian or Indians in New Stockbridge aforefaid, as they have against each other by the fixth fec tion of the faid act. And be it further enacted, That it fhall and may be lawful for the male Indians refiding in and being inhabitants of New Stockbridge aferefaid, above the age of twenty-one years, at their annual meetings by a majo rity of votes, to make fuch bye-laws as they fhall judge neceffary for the improvement of their common land, laying out and working on high. ways, regulating fences and the trefpafing of cattle, under fuch penalties as they fhall judge proper, not exceeding the fum of three dollars for one offence, to be recovered before the faid peace makers by any person who will fue for the fame, in like manner as debts are recovered by the faid act for the ufe of the Indians in New Stockbridge, in fuch manner as the faid peace makers fhall direct. And be it further enacted, That all contracts made, or hereafter to be made, of undivided land in New Stockbridge from one Indian to another, fhall be and hereby are declared null and void. CHAP. XLV. An ACT to regulate the Practice of Phyfic and Surgery in this State. the city of New-York years. B E it enacted by the People of the State of New-York, reprefented in the Senate and Affembly, That from and after the first day of October next, no No perfon practising perfon whomfoever now practising phyfic or furgery, or Playfic or furgery in adminiftering medicine, or performing furgical operato continue it without tions, fhall continue fo to do within this ftate unless he proving that he has fhall have produced fatisfactory evidence to the chancelalready practifed two lor, one of the judges of the fupreme court, a mafter in chancery, or one of the judges of the courts of common pleas within this ftate, that he has practifed phyfic or furgery or both, as the cafe may be, for the term of two years next preceding the day aforefaid, or fhall in manner aforefaid have produced fatisfactory evidence that he has fludied phyfic or furgery or both, as the cafe may be, with one or more reputable physicians or furgeons for the term of two years, and fhall have obtained from the magiftrate or officer before whom fuch evidence fhall be adduced, a certificate under his hand and feal that fuch fatisfactory evidence has been produced to him, and the perfon in whofe favor any fuch cer-' tificate fhall be given, fhall file the fame in the office of the clerk of the county wherein he refides, and take a certified copy thereof subscribed. Any perfim practising by the clerk. And each and every perfon who fhall conwithout fach proof to tinue fo to practice as aforefaid after the faid firft day of forteit 25 dollars. October next, and shall not have obtained fuch certificate, and have filed the fame in manner aforefaid, and fhall thereafter practice phyfic or furgery, adminifter medicine, or perform furgical operations, hall for every fuch offence forfeit and pay the fum of twenty-five dollars, to be recovered by action of debt, with cofts of fuit, in any court having cognizance thereof, one half thereof to the ufe of the perfon who fhall profecute for the fame, and the other half to the ufe of the county in which conviction fhall be had, to be by order of the court paid to the treasurer thereof. the aforementioned certificats. And be it further enacted, That from and after the first day of October No other perfousthan next, no perfon whomfoever (other than fuch as may to practice without a practice phyfic or furgery in conformity to the preceding fection of this act) fhall practice phyfic or furgery, adminifter medicine, or perform furgical operations within this Itate (except under the immediate direction of the phyfician or furgeon with whom he ferves an apprenticeship or ftudies to qualify himself to become a physician or furgeon) unless he thall produce to the chancellor, one of the judges of the fupreme court, a mafter in chancery, or one of the judges of the courts of common pleas within this ftate, a certificate fubfcribed by one or more phyficians or furgeons with whom he has served an apprenticeship for the purpofe of being taught the art of phyfic and furgery, or with whom he has ftudied for that purpose, fpecifying and declaring that the perfon in whofe favor fuch certificate is given, hath regularly studied physic or furgery or both (as the cafe may be) with the fubtcriber or fubfcribers of fuch certificate for the term of four years, and that he is fufficiently qualified to practice phyfic or furgery, or both (as the cafe may be) to which certificate, if the fubfcriber or fubfcribers be refident within this ftate, he or they fhall make oath before either of the magiftrates or oicers herein before mentioned, and the magiftrate or officer by whom fuch oath fhall be administered, fhall then endorfe on fuch certificate a permit that the perfon therein named is in conformity of law permitted to practice phyfic or furgery, or both (as the cafe may be) within this ftate, and fhall fubfcribe fuch permit with his name, and affix his feal thereto; and the perfon in whofe favor fuch permit fhall be granted thall file the fame in the office of the clerk of the county wherein he rendes, and fhall take a certified copy thereof. And each and every person whe fhall practice phyfic or furgery without fuch permit, and without having filed the fame in manner aforefaid, shall for every fuch offence forfeit and pay the fum of twenty-five dollars, to be recovered and applied in like manner as is directed with respect to the forfeiture mentioned in the first fection of this act. Provided always, That if the perbern gratatelat any fon in whofe favor fuch certificate fhall be given fhall proyears study of phyfie duce fatisfactory evidence that he has been graduated in fhalt entitle him to any college or univerfity in this ftate or elsewhere, then he fhall be entitled to fuch permit as aforefaid, altho' he should not have ftudied phyfic or furgery, or both (as the cafe may be) any longer than three years. Provided alfo, That if any fuch certificate fhail be given and attefted to by one or more phyficians or furgeons not refident within this flate, the fame fhall be attefted to before and certified under the hand and feal of a judge of the fupreme or fuperior court of the fate in which fuch certifying physician or furgeon fhall refide, and be produced to the chancellor or one of the judges of the fupreme court of this ftate; and if it fhall appear to the chancellor or judge that in his eftimation the certificate and fignature of the judge before whom fuch atteftation is made is genuine, he thall then and not otherwife endorse thereon fuch permit as aforefaid. Provided further, That if any physician or furgeon with whom a perfon applying for fuch permit has ftudied phyfic or furgery or both, fhould be dead, or not refident within this ftate, fuch permit may nevertheless be granted upon fatisfactory evidence being adduced of fuch death or non-refidence, together with fatisfactory proof that he has ftudied phyfic or furgery, or both (as the cafe may be) for the term of four years, in which proof fhall be specified the name or hames of the phynicians or furgeons with whom he has ftudied. Iffach apprentice has college. Cien thee practice. AND WHEREAS epan fudden emergency it may be neceffary to apply for aid Gou perfons not qualified to practice phytic or furgery in conformity to this act: Therefore, Any prin on Be it further enacted, That in every fuch cafe it shall en rely my at 2nd may be lawful for any perfons not authorifed by this act, to practice phyfic or furgery, to adminifter medicine and to perform furgical operations, but fhall not ask, deword or recover any compenfation therefor. fb4. receive 19 pậy. This act not to affect of batchelor or doctor And be it further enacted, That nothing in this act contained fhall be conftrued to affect any perfon who may have obtained, any pron who has or fhall hereafter obtain the degrees of batchelor or obrained the degrees doctor of medicine, or any other degree or licence conof Medicine. ferring a right to practice phyfic or furgery in any academy, college or univerfity within this ftate or elsewhere having authority to confer fuch degree. Provided, That the perfon having obtained or who fhall obtain fuch degree, fhall file a copy thereof in the office of the fecretary of this ftate, or in the office of the clerk of the county wherein he refides; but until fuch copy fhall be fo filed, the perfon in whofe favour fuch diploma has been given fhall not practice phyfic or furgery within this ftate without being liable to the forfeiture and pay. ment of twenty five dollars, to be recovered and applied as other forfeitures by this act are directed to be recovered and applied. And be it further enacted, That nothing in this act contained fhall be conftrued fo as to prevent any phyfician or furgeon resident Nor to prevent phy. ficians from other in any other ftate from practifing within this ftate upon en particular occations any particular occafion upon the special request of a phyfician or furgeon entitled by this act to practice phyfic or furgery within this state. Qates from practifing Penalty for counter. or permit. And be it further enacted, That if any perfon fhall counterfeit any certificate or permit intended by this act, and fhall be thereof feiting any certificate convicted in the fupreme court, any of the circuit sourts or court of general feflions of the peace, the court shall in their difcretion punith the offender by fine and imprisonment, and the perfon fo convicted, if a practifing phyfician or furgeon, fhall never thereafter be permitted to practice phyfic or furgery within this ftate. Provided always, That fuch fine fhall not exceed one hundred dollars. And be it further enacted, That the act entitled " an act to regulate the practice of phyfic and furgery in the city and county of New-York," fhali be and hereby is repealed from and after the faid first day of October next. A certain part of the town of Schuyler in Merkemer county e. rected into a new town by the name of Trenton, CHA P. XLVI. An ACT for dividing the Town of Schuyler in the County of Herkemer. Paffed the 24th March, 1797E it enacted by the People of the State of New-York, reprefented in Senate and Affembly, That from and after the firft Monday of April next, all that part of the town of Schuyler bounded as follows, viz. Beginning at a point in the wefterly line of the faid town four miles northerly in the direction of the faid westerly line from the Mohawk river, thence northerly on the faid town line to the northwest corner thereof, thence easterly along the line of the faid town to the Great Falls on the Canada creek, thence down faid creek to the northwest corner of lot number fifty-five on Gage's patent fo called, thence on the weft line of faid patent foutherly to the northwefterly corner of lot number eighteen on faid patent, thence wefferly on a ftraight line to the place of beginning, fhall be and is hereby erected into a feparate town by the name of Trenton. And that the first town meeting be holden at the dwelling Ii |