of this aft; and to employ as many fit perfons under him or them for the purpofes aforefaid as he or they fhall deem neceflary; and the faid commillioner or commiflioners fhall open and repair in the first inftance fuch parts of the roads under his or their direction, as he or they may find either impaffable for waggons, or moft in want of repair.

And be it further enacted, That each of the faid commiffioners before he enters on the execution of his truft, fhall enter into a bond to the people of this ftate with fuch fureties as the comptroller of this ftate for the time being hall approve of, in a um equal to the whole fum appropriated to the road or roads to be by him and his colleagues, if any he hall have, opened and improved, conditioned for the faithful appli cation of the monies to be raifed as aforesaid, and which shall be entrust ed to him or them according to the directions of this act; which bond, when executed, fhall be depofited in the office of the comptroller of this ftate, and in cafe the faid bonds or any of them fall become forfeited, the monies to be recovered thereon fhall be applied to the ufe of the road, the improvement whereof the defaulting commiffioner or commiffioners fuperintended.

Comm fio ers annualls to make Statement of the im

a

provements made.on roads, &c.

And be it further enacted, That it fhall be the duty of the commiffioner or commiffioners, or other perfons, as the cafe may be, who fhall be appointed for the roads and bridges in inanner by this act directed, at the end of every year, until they hali have completed the bufinefs confided to them by this act, to make out a full and accurate statement of all the improvements which have been made to the roads and bridges under his or their fuperintendance, and an account of all the expenditures accrued thereon, which fatement and accounts together with the vouchers in fup port of his or their payments, fhall be delivered to the comptroller of this ftate, who fhail prefent fuch statement, and account, to the legiature at the then next meeting thereof, with such observations thereon as he may deem requifite to communicate.

Vacancies in the office And be it further enacted. That in cafe of the death, reof comm tlio ers how fufal to act, or refignation of any perion or perfons who to be filed up. fhall be appointed in manner aforetaid, to be a commif. fioner or commiffioners, it fhall and may be lawful for the perfon adminiftering the government of this flate for the time being, to supply every fuch vacancy, by the appointment of fuch perfon to fill the fame as he in his difcretion fhall deem meet and proper. And the commisioner o: commiffioners fo appointed, fhall have the fame powers and be fubject to the fame duties as though he or they had been appointed in conformity to the fixth fection of this act, until ten days after the first meeting of the council of appointment, after fuch appointment.

And be it further enacted, That in every cafe where more than two com miffioners are appointed to fuperintend the improvements in the feveral roads defignated in the tenth fection of this act, the majority of them fall be deemed a quorum, who may tranfact all bufinefs incident to the truft repofed in them by this aft.

B

CHAP. LXI.

An ACT relative to the Church and Glebe in Johnftern.

Paffed the 28th March, 1797

E it enabled by the People of the State of New-York, reprefented in Senate and Ayimbly, That all the eftate, right, title, intereft, claim and de

mand of the people of this ftate, in and to the flone church in the town and village of johnftown, in the county of Montgomery, and one acre of land lying and being in the faid town, which acre of land is bounded as follows, viz. northerly, by a lot of ground owned by the late George B. Troop, and a lot owned by George Metcalfe, weiterly by the main ftreet, foutherly by a lot owned by John Grant, jun. and a lot owned by Caleb Grinnel, and easterly by a street adjoining the caft bounds of the faid Caleb Grinnel's lot, and the lot aforefaid of the late George B. Troop, and allo in and to all that certain tract of land, containing about forty acres, heretofore fet apart by the late Sir William Johnfon, for a glebe to the church aforefaid, which church and glebe became forfeited to the people of this ftate, by the attainder of Sir John Johnson, shall be and hereby are granted to and vested in the trustees of the Presbyterian congregation in the town and village of Johnstown, in the county of Montgomery, and to and in the rector, church wardens, veftrymen and members of the Proteftant Epifcopal church of St. John in Johnstown, in manner following, viz. the faid glebe of forty acres fhall be wholly vefted in the tradees of the Prefbyterian congregation in the town and vil lage of Johntown, in the county of Montgomery, and the church with the acre of land whereon the faid church ftands, thall be wholly vetted in the rector, church wardens, and veitry of St. John's church, in the town of Johntown, in the county of Montgomery, and their fucceffors for ever, for the ufe of the faid congregations refpectively, referving neverthelefs to the Lutherans in the faid town the use of faid church for four, Sundays in each and every year hereafter, that is to fay, the first Sunday a ter Eafter Sunday, the first after Whitfunday, the last in October, and the last in December, if required by any number of the last mentioned religious perfuafion not lefs than ten; and alfo referving to the Preibyterian congregation of Johnstown the alternate ufe of the faid church, together with the congregation of the faid epifcopal church, for and during the term of three years. Provided nevertheless, That nothing in this act contained hall in anywife be construed as a warranty on the part of the people of this ftate for the lands hereby granted.

And be it further enacted, That the act entitled " an act relative to the church in Johnstown, passed the 27th day of February, 1793,” fhall be and hereby is repealed.

CHAP. LXII.

An ACT for eleding Reprefentatives for this State in the House of Reprefenta tives of the Congress of the United States of America. Paffed 28th March, 1797.

B

E it enacted by the People of the State of New-York, reprefented in Senate and Alfembly, That for the purpofe of electing reprefentatives in this ftate, for the houfe of reprefentatives of the congrefs of the United States The fate divided into of America, this ftate fhall and hereby is divided into ten tea districts; faid dif- election districts, as follows, that is to fay: The counties tricts described. of Suffolk, Queen's, King's and Richmond, fhall be one diflrift, and fhall be called and known by the name of the first district. And the city and county of New-York, except the feventh ward, shall be one district, and fhall be called and known by the name of the fecond district. And the county of Westchester, and the seventh ward of the city

of New-York, and the towns of Orangetown, Clarkeftown, Hempftend and Haverstraw in the county of Orange, fhall be one diítriâ, and shall be called and known by the name of the third diftri&t. And the counties of Uliter and Delaware, and the refidue of the county of Orange shall be one diftri&t, and shall be called and known by the name of the fourth diftria And the county of Dutchefs fhall be one district, and shall be called and known by the name of the fifth district. And the counties of Columbia and Renffelaer shall be one diftrict, and shall be called and known by the name of the fixth district. And the counties of Wathington and Saratoga and Clinton, fhall be one district, and shall be called and known by the name of the feventh diftrict. And the city and county of Albany, and the county of Schoharie, fhall be one diftrict, and fhall be called and known by the name of the eighth diaria. And the counties of Montgomery and Herkemer, fhall be one diftrict, and fhall be called and known by the name of the ninth diftri&t. And the counties of Otfego, Tioga, Ontario, Onondaga, and Steuben, fhall be one district, and fhall be called and known by the name of the tenth district. And that at every election for reprefentatives of the people of this ftate in the house of reprefentatives of the congrefs of the United States of America, a perfon who shall have attained the age of twenty-five years, and who fhall have been feven years a citizen of the United States, and who shall then be an inhabitant of this ftate, fhall be chofen in each of the faid districts, for one of the faid reprefentatives, by the inhabitants of such district, that is to fay; by fuch perfons inhabitants of fuch district as are or fhall be qualifed to vote for members of the affembly of this state, each of whom shall be entitled to vote for one perfon, as fuch reprefentative, and the perfon who fhall have the greatest number of votes in any district, fhall be the Said cleftions to be reprefentative chofen in fuch diftrict; and all fuch elecducted in the fame tions fhall be held and conducted by fuch perfons, and in tians for ane-bers of the fame manner as the elections for members of the affembly of this ftate are by law to be held and conducted; and upon the clofing the poll at every fuch election, the poll books or lifts fhall, after due examination and correction thereof, be figned by the infpectors then attending, and the clerks who fall have 1 letion to be kept the fame refpectively; and the box containing the balthe infp-fors to the lots fhall then be opened, and the ballots contained therecounty sheriff. in be taken out, and without being opened or infpected, fhall, together with both poll books or lifts, be immediately put up under cover, and inclofed and fealed in fuch männer as to prevent its being opened without discovery; and the infpectors prefent at clofing the poll fhall put their feals, and write their names upon the fame enclosure, and one of the faid infpectors then prefent, to be appointed for that purpose by a majority of the infpe&tors prefent at the clofing of the poll, fhall without delay, and within five days thereafter, deliver the fame enclofure, fo fealed up as aforefaid, to the sheriff of the county, who shall Who fhall put them upon receiving the faid enclofures, without opening or into a box, and return infpecting the fame, or any of them, put the faid enclothen into the creta fures into a box, which fhall be well clofed and fealed up by him, and he fhall write his name, and the name of his county, on the faid box, and fhall, within eighteen days thereafter, either in perfon, or by his deputy, deliver the faid box, without opening the fame, or the enclofures therein contained, into the office of the fecretary

manner as the elec

affembly.

The ballots taken at

divered by one of

ry's office in perion,

or by deputy.

of this ftate, where the fame fhall be fafely kept by the fecretary of this ftate or his deputy, unbroken and unopened, until the meeting of the committee, or perfons herein aftermentioned and appointed to cant afs and estimate the faid ballots therein contained, when all the faid boxes fhall be delivered unbroken and unopened to them: and for which fervice the sheriff of the refpective counties fhall be allowed at and after the rate of twenty-five cents per mi e, for going to the fecretary's office, to be computed from the fheriff's place of abode in each county, to the fe cretary's office, and to be paid not out of the exchequer of this ftate, but on the certificate of the fecretary, out of any monies then in the treas fury not otherwife appropriated.

If the box is deli

vered by any perfon except the theriff he isto ilinin fites of perion a certain oath.

ed with the bx by

den rom delivering

And be it further enacted, That if the box containing the ballots taken in any county fhall not be delivered to the fecretary or his deputy by the fheriff of the county in perfon, then the perfon who fhall deliver the faid box to the fecretary or to his deputy, if ne received it from the fherif, fhall on delivery thereof, make oath to be administered by either of them, that he received the faid box from the theriff of the county, and that the fame has not been opened, nor any of the packages therein con tained altered fince he fo received the fame. But in cafe the perfon charged If the perfon charge with the box by the fheriff fhall by fickneis or any other the fue fris prevented unavoidable accident be prevented from delivering the by unavoidable arc fame box at the fecretary's office, then and in every fuch it any other fit perin cafe it fhall be lawful for any other proper perfon to car the fame, who is alfo ry the faid box to the faid secretary's office, and to make to take a certain oath. an affidavit before the fecretary or his deputy, ftating the circumstances, and how he cam poffeffed of the box particularly, and that the fame box has not been opened, nor any of the packages therein contained altered fince he received the fame, and the fecretary or his deputy shall deliver the fame box and affidavit to the perfons who may attend to canvass the ballots, who fhall receive and examine the faine; and if there fhall be no appearance of the faid box having been opened, they fhall open the fame, and examine the packages therein contained, and if they appear not to have been opened or altered, then they fhill open the faid packages, and canvas and eltimate the ballots therein contained.

may take charge of

Times appointed for

and how long the e

And be it further enacled, That the first general election holding fuch el ctions in this ftate for fuch reprefentatives as aforefaid, fhall lection may be held. begin and be held on the last Tuesday in April, one thousand feven hundred and ninety-eight, and every fabfequent general clection for fuch reprefentatives in this ftate, thall be held on the last Tuesday in April in every fecond year thereafter, at foch place or places in each city, town and ward within this ftate as the elec tions for members of the affembly of this ftate are by law to be held and conducted, and from which days the fame may be reipectively continued by adjournment, if neceffary, from day to day, not exceeding five days, until the fame fhall refpectively be compleated.

Vacancies in the of

And be it further enaded, That in cafe of any vacancy fic of a reprefentative or vacancies by death or otherwife in the faid office of to Congrefs to be filled up by a fpecial elect reprefentative, between any of the faid general elections, the perfon administering the government of this ftate may at his difcretion, by proclamation, give notice thereof, and fhall in fuch proclamation fignify in which of the laid diftricts the per

M m

fon or perfons is or are to be elected to fill fuch vacancy or vacancies, and fhall alfo appoint a day not less than forty nor more than fixty days from the day of the publication of fuch proclamation, for holding an election in fuch district or districts, to fill fuch vacancy or vacancies, and cause a copy of fuch proclamation to be delivered to each fheriff in fuch district or districts; and the refpective sheriffs fhall thereupon give notice in writ ing of fuch election to the fupervifor or one of the inspectors of elections of each of the feveral towns and wards of such district or districts, in their refpective bailiwicks, within eight days after receiving fuch proclamation; and each of the faid fupervisors and infpectors fhall immediately after receiving fuch notification give notice thereof to the town clerk and affefsors or other infpectors of elections of the fame town or ward, and the fe. veral and respective supervisors, town clerk and affeffors of each town, or the major part of them, and the infpectors of elections for each ward, or the major part of them, fhall without delay convene together, and by writing under their hands, to be affixed up in at least five of the most public places in fuch town or ward, give eight days notice of the time and place or places of holding fuch election in the fame town or ward, and fuch election fhall be held and conducted by the fame perfoas, and in the fame manner as the general election for reprefentatives are herein before directed to be held and conducted; and the poll books or lifts and ballots taken at fuch election fhall be difpofed of in the fame manner as the poll books or lifts and ballots taken at the general election for representatives; and the perfon adminiftering the government of this ftate fhall immediately upon iffuing his proclamation as aforefaid, by fpecial meffengers at the expence of this ftate, caufe notice to be given in writing to each member of the faid canvaffing committee, and require his attendance at the office of the fecretary of this ftate at a certain day, not less than twenty eight days nor more than thirty five days after the day appointed in the faid proclamation for holding fuch election, to canvass and eftimate the votes taken as aforefaid, and fuch canvass and estimate shall be made in the fame manner, and fuch certificate given as is and are herein before directed upon a general election of reprefentatives. Committee annually And be it further enacted, That the committee annually to be appointed au to be appointed by virtue of the act entitled “ an A&t for regulating elections," or the major part of them shall and hereby are authorised and required to canvass and eftimate the votes to be taken at any election for fuch reprefentatives, and fhall as foon as they have compleated the canvafs of the ballots directed to be canvaffed in conformity to the act aforefaid, proceed to open the faid boxes one after the other, and the enclosures therein contained refpectively and cant afs and eftimate the votes therein contained returned into the office of the fecretary of this ftate as aforefaid; and as foon as they fhall be able to determine upon fuch canvafs and eftimate, a who by the greatest number of votes fhall have been chosen a member of the houfe of reprefentatives of the Congress of the United States of America in each of the faid dif thats refpectively, and fhall determine the fame, and thereupon without delay make and fubfcribe with their own names and hands writing a certificate of fuch determination, in a book to be kept for that purpofe in the faid fecretary's office, there to remain of record, and deliver or caufe to be delivered a true copy thereof fo fubfcribed as aforefaid to each of the perfons fo elected refpectively, and another copy fo fubscribed as afore

thorifed to canvaís the ballots,

And to certify their determination 171 book to be kept by the fecretary.