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

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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 tion of certain monies sus. shall suspend for the term of two years from the passing of this act, pended.

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 col. lection 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 endaoger the final collection of said sum of money.

Proviso.

to mortgage 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, re

presented in Senate and Assembly, That it shall and may be lawPower given ful for the rector, church-wardens and vestry of St. Stephen's

Se 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 bim 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.

Sen

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. 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 motor reside person as a commissioner in the county of Dutchess, who shall re- sie. side in the village of Pougbkeepsie, and who, by virtue of this act, shall be authorised and required to perform tbe 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 thereor 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 abscouding and absent debtors,” and the act entitled “an act for giving relief in cases of insolvency,” in like ipanner as judges of the supreme court may or wight allow and execute the same.

II. And be it further enacted, That the said cora missioner shall be a counsellor of the supreme court, and before he enters upon the wilde Coub 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 Dutch." ess, 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.

IV. And be it further enacted, 1 hat the said commissioner be and is hereby authorised and empowered to do and perform all such further com 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 coinmissioner shall The like, have, in cases of insolvent debtors, all the powers now given by law to the first judge of the said county,

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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

t Town ful for the freeholders and inhabitant of the town of Mouni-Morris, Meeting to be to hold their next annual town meeting at the school house near Jo-J.

beld ist Tues seph Thompson's Inn, in the village of said town, on the first Tues

in day of April dext,

receive cer

CHẠP. 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, reOnondagi 10. presented in Senate and Assembly, That it shall and may be lawtaia 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 man-,

ner, 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

provided, any law to the contrary potwithstanding; and the comptroller iş hereby authorised and empowered to receive the same from the treasurer aforesaid.

ptroller

Preamblo

CHAP. LXlx.
AN ACT for the relief of the Estate of William Bingham, de-

ceased.

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 ìo 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 assigos, all bis real estate, lands, tenements and bereditaments, 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 de termined, 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 noininate 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 a foresaid, and thereupon all the trust, estate, monies and premises which should then be vesto': ed in the trustees so dying, or desiring to be discharged, or refusa ing, or declining, or becoming incapable to act, should be theres 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 posa

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estales vest

hercin named

confirmation of the said appointment of John Richards and Joseph R. Ingersoll, by this legislature, the trust of the said estates witbin this state, will be in the said Alexander Baring, Henry Baring, John Richards and Joseph R. Ingersoll, in like manner as in the Commonwealth of Pennsylvania, where his last will is proved, and

where the said appointment has been authorised : Therefore, Certain real BE it enacted by the People of the State of New York, recd in persons presented in Senate and Assembly, That all and singular, the

med lands, tenements, hereditaments, trust estates, monies and effects

of the late William Bingham, within this state, which at the time
of the decease of the said Thomas Mayne Willing, were vested in
the said Alexander Baring, Henry Baring, Thomas Mayne Willing
aud Charles Willing Hare, shall be and the same are hereby declar-
ed to be vested in the said Alexander Baring, Henry Baring,
John Richards and Joseph R. Ingersoll, and that all the said lands,
tenements, hereditaments, trust estates, monies and effects shall be;
and shall by virtue of the said appointment, and of this act, be
deemed and taken to be to all intents and purposes, vested in the
said Alexander Baring, Henry Baring, John Richards and Joseph
R. Ingersoll, their heirs, executors, administrators and assigns, as
fully and effectually to all intents and purposes, with the same
powers and authorities, and upon the same trusts and conditions
in all respects, as in and by the last will and testament of the said
William Bingham, are declared, limited and appointed, and as if
the said Charles Willing Hare were also deceased, and the said
John Richards and Joseph R. Ingersoll had been in the said last
will, pamed as devisees in trust, together with the said Alexander
Baring and Henry Baring.

be deposited in the secret

CHAP. LXX. AN ACT respecting the Court of Probates, and providing for the Appointment of Surrogales and Justices in Cities.

Passed March 21, 1823. Court of pro 1. BE it enacted by the People of the State of Neno-York, rebates aboli presented in Senate and Assembly, That the court of probates be, cords, &c to and the same is hereby abolished ; and that all the writings, re

Ocords and proceedings remaining in the said court, except in causes tary's ofice now depending therein, shall be deposited, and safely kept in the

office of the secretary of this state. Powers 11. And be it further enacted, That in all cases of persons dy

o ing out of ths state, or of persons dying within this state, pot and iheir du inhabitants thereof, their wills may be proved before, and letters ties

of administration of their personal estates when necessary, grapt. ed by the surrogate of any county in this state, wherein the personal property of such persons, or any part thereof, may be at the time of their death, in the manner and according to the powers heretofore used and exercised by the judge of the court of probates; and it shall thereupon be the duty of the surrogate, before wbom such proof may be made, or by whom such administration may be granted, to transmit a certified copy of the will so proved and

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