Release of personal property. Catharine Kittle may exercise And be it further enacted by the authority aforesaid, That all the right title interest claim and demand of the people of this State of, in, and to all the personal estate of the said Andries Kittle, of what kind or nature soever the same may be, which became forfeited to and vested in the people of this State, by the conviction of the said Andries Kittle, except so much thereof as hath been sold by the commissioners of sequestration, or which may have been paid into the treasury of this State agreable to law or by law remitted to the debtors be and hereby are vested in the said Catharine Kittle her executors administrators and assigns. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Catharine Kittle her executors or adminisfull rights trators in her or their name or names, and to her use to commence over propprosecute and maintain any suit or suits either in law or equity, for the erty released. recovery of any goods, chattels, debts and sums of money, which were in any wise due owing or belonging to him the said Andries Kittle at the time of his conviction and which became so as aforesaid forfeited thereby, to the people of this State except as aforesaid and that as fully and amply to all intents and purposes as the said Andries Kittle might or could have done was he now in full life and no such conviction had taken place. Provided always that the said Catharine Kittle shall be subject to the payment of the debts of the said Andries Kittle, contracted prior to the time of his having adhered to the enemies of the people of this State, as far as the said real and personal estate will extend to pay the same. Liability for debts. Jurisdic tion of mayor's Albany and Adjournment of court in Albany. CHAP. 17. AN ACT relative to the mayors courts of the cities of Albany and Hudson. PASSED the 6th of February, 1789. Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That from and after the passing of this act, no action shall be commenced in the mayors court of the city of Albany, or the mayor's court of the city of Hudson, unless in such cases in which the cause of action arose within the jurisdiction of such courts respectively. And be it further enacted by the authority aforesaid, That it shall be lawful for the mayor recorder and aldermen of the city of Albany, or such of them as shall at any time hold the mayors court in and for the said city, from time to time to adjourn the said court for any time not exceeding six weeks, any law usage or custom, to the contrary notwithstanding. Discover ers given produce of CHAP. 18. AN ACT relative to mines. PASSED the 6th of February, 1789. I. Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, mines for That every person who heretofore has, or hereafter shall make discovery twenty-one of mine or mines of gold or silver, within this State, and the execu years. any tors administrators or assigns of such person, shall be, and hereby is, and are exempted, acquitted, released and discharged, of and from paying or yielding to the people of this State, as sovereign thereof, or to any commissioner, agent, collector, or receiver for their use, any part, share, portion or dividend whatsoever, of the ore, produce or profit of such mine or mines, for, during, and until the full end and term of twenty one years, to be computed from the time of giving notice of such discovery, in the manner herein after directed. to be filled retary of II. And be it further enacted by the authority aforesaid, That every per- Notice of son discovering or having discovered a mine or mines of gold or silver discovery within this State, shall before he, presumes to work the same, give notice with secthereof by information in writing, to the secretary of this State, describ- State. ing particularly therein the nature and situation of the same; which notice shall be regist'red in a book to be kept by the said secretary for that purpose; and the secretary shall be entitled thereupon to the sum of ten shillings, and no more, for his services in registering such notice. III. And be it further enacted by the authority aforesaid, That no person Mine not to or persons shall, on any pretext whatsoever, presume to work or inter- be worked meddle with any mine or mines of gold or silver within this State, after expired. the expiration of the term, during which he, she or they, is or are priviledged as above specified, until he, she, or they, shall have previously obtained permission of the legislature of this State for that purpose, on such conditions and limitations as the legislature shall deem proper and expedient. And in order to give every reasonable advantage to persons making discovery of such mines as aforesaid. after time to have IV. Be it further enacted by the authority aforesaid, That in all treaties Discoverer with the legislature for the working of such mines, the person or per- preference sons who made discovery of the same, or his her or their executors, in future administrators or assigns, shall have the offer of being a party, and privy thereto, and shall in every treaty for working the same have the preference of all other persons whomsoever. contract. to be taken of owner. V. Provided always, That nothing herein contained, shall be con- Land not strued to give any person a right to dig, or break up the soil or ground without of any person or persons, bodies corporate or politic, or of the people consent of this State; or to work any mine in the same, unless the consent of the owner or owners of such soil or ground, is for that purpose, previously obtained. VI. Provided also, That nothing in this act contained, shall in any Previous wise affect any grants heretofore made by the legislature of this State, grants not to persons having discovered mines. affected. tin, iron and lead VII. And be it further enacted by the authority aforesaid, That all and Copper, every person and persons, being a citizen or citizens of any of the United States of America, who now are or hereafter shall be the owner mines. or owners of any mine or mines within this State, wherein any ore now is or hereafter shall be discovered, opened, found or wrought, of which upon an average two equal third parts, or more in value, are copper, tin, iron and lead, or any of those metals, shall and may hold and enjoy the same mine or mines, and ore, and continue in the possession thereof, and dig and work the said mine or mines, or ore, notwithstanding that such mine or mines, or ore, shall be pretended or claimed to belong to the people of this State, as the sovereign thereof; any law, usage or custom, to the contrary notwithstanding. Disorderly persons in New York ishment of. CHAP. 19. AN ACT for the punishment of disorderly persons in the city of PASSED the 6th of February, 1789. Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, city, pun. That it shall and may be lawful for the mayor, recorder, and aldermen of the city of New York, for the time being, or any two of them, in all cases where by law they, or any of them, are authorised to inflict corporal punishment, for any crime or misdemeanor, except under the act entitled "An act for apprehending and punishing disorderly persons," to substitute at their discretion, instead of such corporal punishment, a confinement of the offender in the house of employment, or bridewell, belonging to the said city, to be kept at hard labour therein, or at any work or employment, at any other place within the said city, for any period, not exceeding six months, according to the nature of the offence; and also to confine and set to hard labour in manner aforesaid, and for any time, not exceeding six months as aforesaid, all disorderly persons who have been legally removed from the said city, and shall have unlawfully returned, without bringing a certificate from the city or town whereto they respectively belong, all common street beggars, and all idle persons, not having visible means of livelihood, and who cannot give a good account of themselves, or find sufficient sureties for their good behaviour, who now are or from time to time shall come into, or sojourn within the said city, Appropria- CHAP. 20. AN ACT for discharging the arrears due on certain requisitions of Congress for specie. PASSED the 12th of February, 1789. Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the treasurer of this State, and he is hereby required, out of any monies now in the treasury, to pay to the continental commissioner of loans within this State, or to the order of the United States in Congress assembled, twenty four thousand, five hundred and eighty three dollars, and eighty nine ninetieths of a dollar, being the sum claimed to be due from this State for arrears on former requisitions in specie; provided always, that it shall be lawful for the said treasurer, and he is hereby directed and required, to deduct out of the said sum of twenty four thousand five hundred and eighty three dollars, and eighty nine ninetieths of a dollar, all such sum and sums of money, as the said treasurer shall on or before the first day of January next, pay for the pensions of invalids, who are inhabitents of this State; and all such sum and sums of money, as the said treasurer shall pay out of the treasury of this State, on or before the said first day of January next, in pursuance of the act entitled An act making provision for officers soldiers and seamen, who have been disabled in the service of the United States," or in pursuance of any act of the United States in Congress assembled, for that purpose made, or to be made. CHAP. 21. AN ACT to continue and amend an act entitled "An act for appointing commissioners to hold treaties with the Indians within this State." PASSED the 12th of February, 1789. WHEREAS the time limited by the act entitled "An act for appointing commissioners to hold treaties with the Indians within this State passed the 1st of March 1788, for the continuance in office of the commissioners therein named, is expired, and it being necessary that commissioners should be appointed for the purposes mentioned in the said act. Therefore Preamble. recited commis Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, Activecit That the said act be and the same is hereby revived and continued how new until thirty days after a quorum of both houses shall be assembled at sioners the first meeting of the legislature, after the first Monday in July next; named. and that Pierre Van Cortlandt, John Hathorn and Abraham Ten Broeck Esquires shall be, and hereby are appointed commissioners in addition to the persons named in the said act; and that none of the powers vested in the said commissioners in and by the second section of the said act shall be exercised in any part of this State, other than in the counties of Montgomery and Ontario. Provided always, that nothing in the aforesaid act contained, shall be so construed as to authorize the said commissioners, or any of them, to order or send any person or persons from any such place where any treaty may be held, farther than to his her or their usual place of residence, or to authorize the said commissioners or any of them to send or commit any person or persons to any other goal or place of confinement than the gaol of the county of Montgomery. And provided also, that nothing in this act contained, shall be construed to empower the person administring the government of this State for the time being, at any time hereafter to draw any sum or sums of money from the treasury of this State, which shall exceed in the whole the sum of three thousand pounds. CHAP. 22. AN ACT to encourage the raising of sheep, and to prevent injury by dogs. PASSED the 13th of February, 1789. be collect Be it enacted by the People of the State of New York, represented in Dog tax to Senate and Assembly, and it is hereby enacted by the authority of the same, ed by colThat it shall and may be lawful to and for the collector or collectors, in lectors. each respective town within this State, and they are hereby authorized and required, once in every year during the continuance of this act, to demand and recieve, of and from the master or mistress of any family, in which a dog or dogs are kept, or from a single person keeping a dog or dogs, the following sums vizt. If only one dog is kept by any family, or by any single person, the sum of one shilling, if two dogs are so kept, the sum of five shillings; and for every dog so kept above two, the further sum of eight shillings. VOL. 3.-4 Id. Collection of tax, how enforced. And be it further enacted by the authority aforesaid, That the collectors in each town shall respectively keep a book, and therein enter the name of every person in that part of the town for which he is collector, who shall keep a dog or dogs, specifying the number kept by each person, with the sum or tax collected from each person by virtue of this act; and shall deliver such book on oath, and pay the amount of the monies so collected, into the hands of the clerk of the town, to be disposed of for the purposes in this act directed; reserving to himself one shilling in the pound, for all sums by him collected, and so paid as aforesaid; and in case any collector shall refuse or neglect to deliver such book on oath, or refuse or neglect to pay the money so by him in manner aforesaid collected, on or before the first day of February in every year, and be thereof convicted before any justice of the peace, such collector shall forfeit and pay unto the clerk of the town twice the sum, for which such clerk shall be bound to account in manner herein after mentioned, which forfeiture shall be applied to, and for the purposes directed by the seventh section of this act. And be it further enacted by the authority aforesaid, That if any person or persons, having property in or keeping any dog of what kind soever as aforesaid, shall neglect or refuse to pay unto the collector or collectors of the respective towns, the sum or sums as aforesaid, it shall and may be lawful, and it is hereby enjoined on and made the duty of such collector or collectors, to commence and prosecute his or their action or actions, against any delinquent or delinquents, for the recovery of the same, with costs of suit, before any justice of the peace, within the county; and if any person or persons shall deny, that he, she or they, have property in, or keep any dog, yet if it can be proved that such person or persons, are in possession of, or suffer any dog to remain about his or her house, for twenty days before the demand by any collector, he, she or they, shall be deemed to be the owner or owners of such dog, and be liable to the payment of the tax aforesaid, to be recovered in the manner herein before directed; and if any dog shall keep about any persons house, and continue there for twenty days, and no person appears within that time to claim and take away such dog, it shall and may be lawful for such person having such dog about his or her house, to keep or kill the same, at any time after the expiration of the said twenty days. And be it further enacted by the authority aforesaid, That when any person or persons, within of the said towns, shall have sustained any town clerk damages by his sheep being worried or killed by any dog, it shall and may be lawful for such person, so sustaining damage, to call in the fence viewers of such town, for the time being, who shall reside next adjacent to the person or persons where such damage shall be sustained, and such fence viewers are hereby required and enjoined to view the sheep so hurt or killed, and if it shall appear to their satisfaction, or to the satisfaction of the major part of them, that such sheep were hurt or killed by a dog or dogs only, and that the owner or owners of such dog or dogs cannot be discovered, then the said fence viewers shall certify the amount of the damage so sustained, which certificate shall be a sufficient voucher to the clerk of the town for paying the sum in such certificate expressed, out of any monies which may from time to time come into his hands, by virtue of this act; provided always, that before such certificate shall be discharged by the clerk, the person or persons having sustained the damage therein mentioned, shall make oath before a justice of the peace, that he doth not know by whose dog or dogs such damage was occasioned, and that whenever the same shall come to his knowledge, he will give notice thereof to the clerk, which oath shall be endorsed on Sheep killed by dogs, to pay for. |