faid to the house of reprefentatives of the Congress of the United States of America, at their first meeting after the third day of March then next. or do not meet as di the last election in the districts, to canvas iddle an eastern fuch ballots, If fuch committee And be it further enacted, That in cafe no fuch commitfhall not be appointed tee shall be appointed, or if fuch committee fhould not rected, then the fecre, meet as aforefaid to canvass and eftimate the votes taken tary fhall fummon at a general election, or any election to fill fuch vacancy the nators elected a or vacancies, then it fhall be the duty of the fecretary of this ftate to give notice thereof to fuch fenators as fhall have been returned at the then last election from the Middle and Eastern diftricts of this state, and require their attendance at the faid office at a certain day, not less than twenty days, nor more than thirty days after the date of fuch notice, to canvas and estimate the votes taken at fuch election; and fuch fenators or the major part of them fhall be and hereby are in fuch cafes authorised and required to canvass and eftimate the votes taken at fuch election, and to do, execute and perform all and every thing and things in and about the premises in the fame manner as fuch joint committee might or ought to have done. to canvas the votes. And be it further enacted, That when a majority of the A majority of the committee authorised faid joint committee, or a majority of the furvivors of them, or a majority of the faid fenators, fhall meet as aforefaid for the purpose of canvaffing and eftimating the votes taken at any fuch election, fuch majority fhall be and hereby are authorized, empowered and required to proceed to fuch canvafs and eftimate, and all queftions which fhall arife upon fuch canvafs and eftimate, or upon any of the proceedings therein, fhall be determined according to the opinion of the major part of the perfons fo met conformably to this act. vafs the ballots to take the oath. 1 Committee before And be it further enacted, That the faid joint committhey pro eed to can- tee, and the faid Senators, or fuch of them as fhail at any time attend to make fuch canvaís and estimate shall before they proceed to open any of the boxes delivered as aforefaid, severally take and fubfcribe before the fecretary of this ftate," or his sworn deputy or a mafter in chancery, the following oath, to wit: one of the joint committee appointed by the fenate or affembly (as the cafe may be) purfuant to the act entitled "an act for regulating elections," or I a member of the fenate of the state of NewYork, do folemnly and fincerely fwear and declare, that I will honeftly and impartially, and to the best of my knowledge and abilities, execute and perform the truft repofed in me by the act entitled "an act for electing reprefentatives for this ftate in the houfe of reprefentatives of the Congress of the United States of America," and if I hall difcover any of the other perfons appointed canvaffers with me (or who shall attend with me) for the purpose aforefaid, conducting himself or themfelves partially, unduly or corruptly in the premises, that I will difcover the fame, to the end that the perion fo offending may be brought to justice.' Which oath fhall be entered of record by the fecretary or his deputy, in the fame book in which the certificate of the determination upon fuch canvass and estimate, is to be entered as aforefaid. What is to be done And be it further enacted, That if the number of balwith the furplus bal- lots in any enclosure fhall exceed the number of electors ballots rolled together. mentioned on the poll lifts contained in the fame enclofure, then the faid committee shall draw out unopened fo lots, or two or more many of the faid ballots as fhall amount to the excess, and shall proceed to Canvass and eftimate the refidue. And if two or more ballots or tickets shall be found folded or rolled up together, none of the ballots fo folded up together thall be estimated, and iuch excefs fhall be fealed up by the canvaders in a paper to be marked Surplus Ballots, and where two or more ballots are to folded or rolled together, the fame thall alfo be fealed up in a separate paper, and a proper indorfement made thereon to defignate the contents, and both papers fhall, with the other ballots, be returned to their proper boxes, and committed to the custody of the fecretary. Penalties for bribery neglect of duty at fuch lections. And be it further enalled, That if any perfon fhall be corrupi, a guilty of bribery or corrupt conduct at any fuch election, or in any of the duties required of him by this act, or fhall neglect or refufe to perform any of the duties re quired of him by this act, every fuch perfon to offending shall be liable to the fame pains and penalties as are impofed for the like offences in and by une act entitled An act for regulating elections, and to be recover. ed and applied in the manner therein directed. Militia ot to be call. And be it further enacted, That no officer or other perer during the fon fhail call or order any of the militia of this ftate to appear or exercise on any day or at any time during fuch election, or at any time within ten days before the ordinary and established days of holding fuch elections (except in cafes of invafion or infurrection) on pain of forfeiting the fum of five hundred dollars for every fuch offence, to be recovered by any perfon who will fue for the fame, with cofts, the one moiety of fuch penalty to his own ute, and the other moiety thereof to the use of the people of this State. elections, a y peion witled to Northall any civil And be it further enacted, That it fhall not be lawful Preis be ferve on for any officer or minifter of juftice to ferve any civil yote dur ug the faid proceis in any city or town in this ftate on any perion entitled to vote at any fuch election between the day preceding fuch election, and the day fubfequent to the clofing of the pell at fuch election in fuch city or town. tim. WHERE.AS doubts have arifen relative to the true conftruction of the fifth fection of the act entitled "an act for regulating elections:" For the removal whereof, ons exp a ned. First fon o the A BE it further enafed, That no perfon fhail hereafter freshing d de vote at any election for governor, lieutenant governor, fenators, members of affembly, or reprefentatives to re. prefent this ftate in the houfe of reprefentatives of the congrefs of the Uited States of America, except in the town or ward in which he fhall actually refide, any thing, master or clause in the act for regulating elections to the contrary notwichlanding. CHA P. LXIII. An ACT for the Relief of John B. Coles, and to provide for the laying out of new Roads. Paffed the 30th of March, 1797 WHEREAS John B. Coles hath erected a bridge acrois Harlem river in purfuance of an act entitled "an act for building a bridge acrofs Haerlem river, and another act entitled "an act to enable John B. Coles to raise a dam across Haerlem river, and to amend an að entitled an act for building a bridge acrofs Haerlem river." And whereas it is represented to the legislature, that although the commissioners named for that purpose in the firft above mentioned act have laid out a road from the faid bridge to Eaft Chefter, yet the damages to the perfons through whofe land it is laid are not paid, and fome part of the faid road is not opened, and that the faid John B. Coles has already expended a confiderable fum of money in making, clearing and amending the faid road, and that it will require further large fums for that purpole befides what can be done in the ordinary mode of making and repairing highways in this ftate. And whereas the faid John B. Coles hath prayed relief in the premifes: Therefore, BE it enacted by the People of the State of New-York, reprefented in Senate and Ajembly, That the faid road fo laid out shall be and hereby is eftablished as a public highway from and after the paffing of this act, and fhall and may be immediately opened as a public highway although the damages to the perfons or any or either of them through whofe land the fane is laid out may not be paid. And it fhall and may be lawful for the faid joan B Coles and his affigns, at his and their expence, to caufe the faid road to be cleared, and properly made for the convenience of travellers and all others having occafion to use the same road; and as foon as the lame road thall be made and cleared as aforelaid, then and from thenceforth it hall and may be lawful for the faid John B. Coles and his aigns, for and during the term of thirty years, to demand and take an additional toll for paffing the faid bridge, not exceeding fifty per cent, above what is allowed by the acts aforelaid, or either of them, and that the faid John B. Coles fhall at his own expence keep the faid road in repair during the term he shall exact any additional toll for palling the faid bridge. And be it further enacted, That the commiffioners of highways to be choten in the refpective towns in the feveral counties of this late in conformity to the third fection of the at entitled, "an act to regulate highways," fhall in addition to the powers vefted in them by the laid act have full power and lawful authority to lay out fuch new roads in the feveral towns as they may deem neceffary and proper, fubject nevertheless to an appeal to the fuperintendants of the county in the fame manner, and under the restrictions prescribed in the act aforelaid. B exc pt in certa'n counts, to keep any CHAP. LXIV. An ACT to regulate Ferries within this State. Paffed the 30th March, 1797., E it enacted by the People of the State of New-York, reprefented in Senate and Affembly, That from and after the art day of November next, no perfon or perfons, except within the Southern diftrict of this ftate, No perfons hereafter, the county of Orange, and the county of Clinton, fhall or may ule any ferry or ferries for tranfporting across any river, itream or lake within this ftate, any perfon or perfons, or any goods or merchandize for profit or hire, unless in the manner herein after directed, under penalty of forfeiting for each offence the fum of five dol ferrics for pay, exher in after directed, Bodega errtam pe salty. cept in the namer lars, to be recovered by action of debt before any juftice of the peace of the county where fuch offence shall be committed, or if the fame be on waters that divide two counties, then in either of the counties next adjacent the place where the faid offence fhall be committed, which faid penalties fhall be one half to be paid to the overfeers of the poor in the town wherein the forfeiture is recovered, to be applied to the use of the poor thereof, and the other half to the person who shall fue for and reco ver the fame. annually to grant li fons. tend his ferry. fence. Court of commen And be it further enacted, That the court of common pleas in each county pleas in each of the counties of this state in their feffions cences to fuch per- may and fhall grant licences for keeping ferries in their refpective counties, to as many fuitable perfons as they may think proper, which licence fhall continue for one year and no longer, And every person who shall apply for fuch licence fhall, before the fame is granted, enter into a recognizance to the people of this ftate inthe fum of one hundred dollars faithfully to keep and attend fuch ferry, Perlons fo licensed to for the keeping of which the laid perfon fhail apply, enter to recogni. with a fufficient and fafe boat, or with fuch and fo many ance faithfully to at fufficient and fafe boats, and so many men to work the fame as fhall be deemed neceffary, together with fufficient implements for faid ferry during the feveral hours in each day, and at the feveral rates as the court of common pleas in the feveral counties shall from time to time order, direct and determine, which recognizance fhall forthwith be lodged on file with the clerk of the faid county; and Perrymen liable to a every ferryman who fhall offend herein may be indicted penalty for any of for the fame before any court of record in this state proper to hear the fame, and shall be subject to such fine or penalty as fuch court may order and adjudge. Provided, The same shall not exceed the fum of twenty five dollars for each offence. And on proof of fuch conviction the court of general feffions shall direct the recognizance given by fuch perfon to be eftreated for the ufe of the people of this ftate. And when any waters over which a ferry may be erect or used A licence to keep a divides two counties, the licence obtained in form aforeferry over waters faid in either of the faid counties fhall be fufficient to enable the perfon obtaining the fame to transport pertained in either coun- fons, goods wares and merchandize to and from either fide of faid waters. Provided nevertheless, That nothing in this act contained fhall in any wife be underflood to affect or alter the This act not to affect ferries granted by charter to the corporations of Albany and Hudson, or to infringe upon, alter or impair any grants of this ftate, or any legal right or privilege whatever, belonging to or of right appertaining to any individual or corporation, any thing in this act to the contrary notwithstanding. Provided ulfo, That no such licence fhall be granted to any perfon other than to the Owner or occupant of the land through which the highway adjoining to any ferry fhall run, unless fuch owner fhall neglect to apply for fuch licence in manner by this which divide two counties, may be nh. ty. charter ferries. A licence to be grant ed to no one but the the land adjoining the owner or occupier of ferry. act directed. And be it further enacted, That the clerks of the refpective counties fhall be entitled to receive for entering each and every licence by virtue of this act, and for a copy thereof, one dollar and no more. CHAP.. LXV. An ACT refpecting Union College, and for the purposes therein mentioned. nancesauthorifing the E it enacted by the People of the State of New-York, reprefented in Senate and Aembly, That it shall be lawful for the truftees of Union Col Trustees of Union College, in the town of Schenectady and ftate of New-York, lege may pals ordi- or the major part of any thirteen or more of the faid faulty to inft at the trustees, to make ordinances, rules or orders, authorifing punishments of fuf the faculty of the faid college to inflict on any student thereof, the punishment of degradation and fufpenfion Provided, That the fentence of the faculty fhall in every cafe be fubmit ed to the faid trustees at their next meeting after the paffing of fuch fen tence for their approbation or rejection. penfion and degrasa. tion. And may alto passor. ing adjournments. And be it further enated, That the faid truftees fhall dinances for regulat have the power to pass ordinances authorifing any num ber of the faid truttees, at the days appointed for stated or fpecial meetings, when a fufficient number do not attend for forming a quorum, to adjourn from day to day until a quorum shall be obtained. And be it further enacted, That the treasurer fhall annudollars annually to ally for two years, unless otherwife directed by the legislature, pay to the said trustees, or their order, out of any monies not otherwife appropriated, feven hundred and fifty dollars, for paying the falaries of fuch additional profeffors in the faid college, as the faid trustees thall appoint. Treasurer to pay 750 trustees. And be it further enacted, That the treafurer of this ftate And 500 dollars annually to the trustees of shall annually on the firft Tuesday of July, in every year Columbia College. hereafter, during the pleasure of the legislature, pay to the trustees of Columbia Collge, the fum of five hundred dollars, to be appropriated by the faid trustees to the prefervation of the Anatomical Mufeum in the faid college, and for procuring additional articles thereto, and for making fuch allowance as they fhall judge proper to the profeffor of Anatomy in faid college, for his fervices in the care and charge of fuch Museum. CHAP. LXVI. An ACT to continue in force an Ad entitled," An A&t for encreafing the Com penfation to the Measurers of Grain and Inspectors of Flour and Meal in this State. Paffed the 30th March, 1797. penfation to the measurers of grain and the inspectors of flour and meál in this ftate," paffed the first day of April, 1796, be, and the fame is hereby continued in force until the first day of April, which will be in the year of our Lord one thoufand feven hundred and ninety-eight, the limitations in the faid act to the contrary, thereof notwithstanding, |