town of Dansville, as also all reasonable and just expenses, that said town of Dansville may have incurred in the premises, together with the expenses of said supervisor in making said state

ment.

II. And be it further enacted, That upon such statement being Certain poor so filed as aforesaid, the poor therein awarded to the said town of chargeable Sparta, (if any,) shall be considered as belonging to the said town to Sparta of Sparta, and may be removed thereto, in manner prescribed by law for the removal of poor persons; and the money awarded to be paid by the said town of Sparta to said town of Dansville, by said statement, (if any,) shall be considered as a debt then due from the said town of Sparta to the overseers of the poor of the said town of Dansville, which said sum shall draw interest from the time of filing said statement as aforesaid.

Duty of su

Livingston

III. And be it further enacted, That it shall be the duty of the supervisors of the several towns in the said county of Livingston, pervisors of at their next annual meeting, to audit and allow to the overseers of the poor of the town of Dansville, such sum of money as by said statement shall be awarded to said overseers of the poor of Dansville aforesaid, against the town of Sparta aforesaid; and it shall also be the duty of said supervisors, immediately after the same is so audited as aforesaid, to draw their order on the treasurer of the said county of Livingston, for such sum as may, at the time the same is audited and allowed, be due, together with the interest accruing thereon, until the first day of February, one thousand eight hundred and twenty-four, which order it shall be the duty of the said treasurer to pay out of the first monies that may come into his bands as such treasurer; and it shall be the further duty of said supervisors, to cause the amount of said sum of money to be raised from the town of Sparta aforesaid, in the manner prescribed by law for raising the other contingent expenses of said town: Pro- Proviso vided however, That it shall be the duty of the supervisor of the said town of Dansville, to serve, or cause to be served on the supervisor of the said town of Sparta, a certified copy of said statement so to be filed as aforesaid, after the same is so filed, and as soon as may be thereafter, and before the first day of September next, under the hand of the clerk of Steuben county, which shall be deemed a notice to the several supervisors of the county of Livingston aforesaid, of the amount so to be audited and paid as aforesaid; and it is hereby made the duty of said supervisor of Sparta aforesaid, to lay or cause to be laid, said certified statement before said supervisors, at their said next annual meeting.

visors

IV. And be it further enacted, That it shall be the duty of the Further du supervisors of said county of Livingston, to cause to be levied and ties of super collected of the inhabitants residing in that part of the town of Sparta taken from the said county of Steuben as aforesaid, such sum of money as shall appear to be necessary to cancel any just claims of the poor masters of the town of Dansville aforesaid, for the purpose of indemnifying the remaining part of the town of Sparta, against the payment of said money.

V. And be it further enacted, That nothing in the act hereby Act not to af amended, shall be construed to affect any suit or action in any feet certain court whatsoever, commenced previous to the sixteenth day of Fe bruary, one thousand eight hundred and twenty-two: but that the

suits

same may be prosecuted to judgment and execution, as if said act (hereby amended) had not been passed.

tion of certain

pended.

CHAP. LXIV.

AN ACT for the relief of Abraham Coon 2nd, John Coon and
George Cipperly.

Passed March 14, 1823.

BE it enacted by the People of the State of New-York, repreThe collec sented in Senate and Assembly, That the comptroller of this state monies sus shall suspend for the term of two years from the passing of this act, the collection from the county treasurer of the county of Renssalaer, the sum of three hundred and eighty dollars and forty three cents, due the people of this state from Abraham Coon 2nd, late collector of the town of Sand Lake in said county, and John Coon and George Cipperly his securities, which money was accidentally destroyed by fire, and that the treasurer of the aforesaid county, is hereby authorised to suspend and forbear all proceedings for collection of the said sum of money from the said Abraham Coon 2nd, John Coon and George Cipperly until the first day of February one thousand eight hundred and twenty five: Provided, That in the opinion of the said treasurer the aforesaid delay will not endanger the final collection of said sum of money.

Proviso.

certain estate

CHAP. LXV.

AN ACT empowering the Corporation of St. Stephen's Church in the City of New-York, to mortgage certain Real Estate.

Passed March 14, 1823.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawPower given ful for the rector, church-wardens and vestry of St. Stephen's to mortgage Church in the city of New-York and their successors in office, to mortgage from time to time the whole or any part of the real estate which they now hold, and that any deed or deeds by way of mortgage by them made and executed shall be valid and effectual with respect to all the right, title and interests of the said corporation in and to the premises intended to be mortgaged in the same manner and with the same effect as if such premises were owned by a natural person and were duly mortgaged by him or her according to law: Provided always, That the whole amount of monies raised and received by mortgage by the said corporation shall not exceed six thousand dollars.

CHAP. LXVI.

AN ACT to appoint a Commissioner to perform certain duties of a Judge of the Supreme Court in the County of Dutchess,

Passed March 14, 1823.

er to reside in

I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the person administering the government of this state, by and with the advice and con- Commissionsent of the senate, shall from time to time appoint a fit and proper keep person as a commissioner in the county of Dutchess, who shall re- sie. side in the village of Poughkeepsie, and who, by virtue of this act, shall be authorised and required to perform the duties of a judge of the supreme court, and to do and execute every power and trust which according to the practice of the said court, the judges thereof may perform and execute out of court in all cases both civil and criminal, to allow writs of hebeas corpus and writs of certiorari, and also to execute "an act for relief against absconding and absent debtors," and the act entitled "an act for giving relief in cases of insolvency," in like manner as judges of the supreme court may or might allow and execute the same.

To be a Coun

an oath.

II. And be it further enacted, That the said commissioner shall be a counsellor of the supreme court, and before he enters upon the seller at Law duties of his office, shall take and subscribe before the clerk or one of and to take the judges of the court of common pleas of the said county of Dutchess, an oath well and truly to execute and perform the duties prescribed in and by this act, which oath shall be filed in the office of the clerk of the said county.

III. And be it further enacted, That it shall be lawful for the said commissioner to take and receive the same fees for the services Fees allowed performed by virtue of this act, as the recorders of the several cities in this state are allowed for the like services.

er of the Com

IV. And be it further enacted, That the said commissioner be Further pow and is hereby authorised and empowered to do and perform all such duties as any judge of the conrt of common pleas, being of the de- missioner gree of counsellor at law, could do and perform out of court. V. And be it further enacted, That the said commissioner shall The like have, in cases of insolvent debtors, all the powers now given by law to the first judge of the said county.

CHAP. LXVII.

AN ACT fixing the time of holding the annual Town Meeting in the Town of Mount Morris, in the County of Livingston. Passed March 15, 1823.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be law- Next Town ful for the freeholders and inhabitant of the town of Mount-Morris, Meeting to be to hold their next annual town meeting at the school house near Jo- day of April. seph Thompson's Inn, in the village of said town, on the first Tuesday of April.next,

held 1st Tues

Onondaga to

CHAP. LXVIII.

AN ACT for the relief of John Lawrence, Collector of the Town of Spafford.

Passed March 18, 1823.

Treasurer of 1. BE it enacted by the People of the State of New-York, rereceive cer presented in Senate and Assembly, That it shall and may be lawtain returns ful for the treasurer of the county of Onondaga to receive at any time between the passing of this act and the first day of May next, from John Lawrence, collector of the town of Spafford, the return of non-resident lands in the town of Spafford charged with taxes for year eighteen hundred and twenty-two, together with the sums remaining due thereon from each person respectively, in the same manner, and to the same effect, as if the said returns had been made Duty of Com by the time now required by the statute in such case made and ptroller. provided, any law to the contrary notwithstanding; and the comptroller is hereby authorised and empowered to receive the same from the treasurer aforesaid.

CHAP. LXIX.

AN ACT for the relief of the Estate of William Bingham, deceased.

Passed March 21, 1823.

WHEREAS William Bingham, formerly of the city of Philadelphia, Esquire, did on the thirtieth day of January, in the year of our Lord one thousand eight hundred and four, duly make and publish his last will and testament in writing, and in and by the same did devise and bequeath unto Alexander Baring, Henry Baring, Robert Gilmor, Thomas Mayne Willing and Charles Willing Hare, their heirs, executors, administrators and assigns, all his real estate, lands, tenements and hereditaments, of whatever nature or kind the same might be, and also his personal property upon trust for the uses in the said will expressed and declared, and did by the same will direct that in case any or either of them, the said trustees, should happen to die or be desirous to be discharged from, or neglect or refuse to act in the trust thereby created, at any time before the same trusts should be finally performed or otherwise determined, then it should be lawful to and for the survivor or survivors of them, by any writing under their hands and seals to be attested by two or more creditable witnesses, from time to time to nominate and appoint any other person to be a trustee in the stead or place of the trustee so dying or desiring to be discharged, or refusing or declining or becoming incapable to act as aforesaid, and thereupon all the trust, estate, monies and premises which should then be vested in the trustees so dying, or desiring to be discharged, or refusing, or declining, or becoming incapable to act, should be there upon with all convenient speed conveyed, assigned and transferred in such manner and so as that the same should and might be legally and effectually vested in such new trustee upon the said trusts. And whereas the said William Bingham afterwards died, siezed of divers lands, tenements and real estate, in this state and pos

G

sessed of sundry chattels and personal estate, leaving the same last will and testament unreversed and in full force, and the same has been duly proved and now remains of record in the office of register of wills, and for granting letters of administration for the city and county of Philadelphia, in the commonwealth of Pennsylvania, by reason whereof the said lands, tenements, and real and personal estate became vested in the said trustees, their heirs, executors and administrators, for the uses and purposes, and with the powers and authorities in and by the same last will and testament contained and declared.

And whereas the said Charles Willing Hare, one of the said trustees, by inquisition duly found and remaining of record in the court of common pleas, for the county of Philadelphia in the commonwealth foresaid, has been declared and adjudged to be lunatic, and non compos mentis, and a committee has been appointed of the said Charles Willing Hare, by reason whereof, he has become incapable of acting as a trustee aforesaid.

And whereas the said Robert Gilmor, another of the said trustees, departed this life, whereby the estates of the said William Bingham, survived in law to the said surviving trustees.

And whereas after the death of the said Robert Gilmor, and after the said inquisition, return and appointment of a committee in the case of the said Charles Willing Hare, the said Alexander Baring, Henry Baring and Thomas M. Willing, by writing, under their hands and seals, attested by two creditable witnesses, bearing date the twenty-sixth day of June, in the year of our Lord one thousand eight hundred and twenty-two, and now recorded in the office for recording of deeds, &c., for the city and county of Philadelphia, in letter of attorney, book J. H. number one, page five, &c. did nominate and appoint John Richards, of the city of Boston, in the state of Massachusetts, Esquire, and Joseph R. Ingersoll, of the city of Philadelphia, in the state of Pennsylvania, counsellor at law, to be trustees of the estate real and personal aforesaid, under the last will and testament, of the said William Bingham, deceased, in the stead and place of the said Robert Gilmor, and the said Charles Willing Hare, by virtue whereof, and by force of an act of the general assembly of the commonwealth of Pennsylvania, passed the seventeenth day of March, in the year of our Lord, one thousand eight hundred and twenty-two, all the lands, tenements, hereditaments, trust estates, monies and effects of the late William Bingham, within the jurisdiction of the said commonwealth, which at the time of the decease of the said Robert Gilmor, were vested in the said Alexander Baring, Henry Baring, Robert Gilmor, Thomas Mayne Willing, and Charles Willing Hare, were from and immediately after such appointment, vested in the said Alexander Baring, Henry Baring, Thomas M. Willing, John Richards, and Joseph R. Ingersoll, as fully as if the said Charles Willing Hare were deceased, and the said John Richards and Joseph R. Ingersoll, had been in the said last will, named as devisees in trust, together with the said Alexander Baring, Henry Baring and Thomas Mayne Willing.

And whereas the said Thomas M. Willing has recently and since the said appointment, departed this life, and all his interest and estate in the premises have survived to the surviving trustees, and by a