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to impair any right which others may have to use the waters aforesaid for mills or the propelling of machinery of any kind; saving however to the people of this state the right to improve the navigation of the Mohawk river, as if this act had not been passed. And provided, that nothing herein contained shall be construed, held or taken to allow or permit the said Archibald M’Intyre, Johp M'Donald and Robert M'Queen, or either of them, to overflow tie lands of any person or body politic, nor to restrain any other person or persons, owning lands or mill seats adjoining the said Mohawk river, on either side thereof below the Cohoes falls, from building mills thereon, and using the water of the said river for such mills, subject to the like saving as is herein above contained in favor of the people of this state.

CHAP. CCLIX.

AN ACT relative to the militia of this slate.

Passed April 15, 1817. I. BE it enacted by the people of the State of New York, represented in scnale and assembly, That all that part of the forty third section of the act to organise the militia of this state, passed March 29th, 1809, exempting musicians from taxation, be and the same is hereby repealed.

II. And be it further enacted, That the uniform of the officers of the iofantry of this state shall be conformable to the uniform of the officers of the army of the United States; and all non-commissioned officers who shall bereaster uniform themselves, shall adopt the uniform of the non-commissioned officers of the army aforesaid : Provided nevertheless, that the colour of the epaulets and bu!tons, and, the uniform of musicians shall be directed by the brigadiers respectively; and of all other corps by the commander in chief.

jl. And be it further enacted, That the rules and regulations for the field exercise and manæuvres of the infantry of This state sball be conformable to those of the infantry of the United States for the time being.

CHAP. CCLx.

AN ACT for the relief of persons imprisoned for debts less than twenty-five dollars, in the city and county of New York.

Passed April 15, 1817. 1. BE it enacted by the people of the state of New-York, represented in senate and assembly, That any person who shall be confined in the jail, in the city and couoty of New-York, upon any esecu. tion or other process, or by virtue of any judgment, or order of any kee per inay court of justice, or by warrant srom any judge or justice, for any discharge, &c sum of money due upon any contract not exceeding twenty-five dollars, exclusive of costs, such person may apply to any judge or

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justice of the said city, and upon making oath before said judge or justice, in writing, that ail his real or personal estate does not exceed, in value, the sum of twenty-five dollars over aod above soch articles as are by law exempt from seisure by execution, such judge or jus. fice shall order the keeper of the said jail to discharge such person from custody; and the jailer, on being served with a copy of such order, shall discharge the said prisoner from jail without taking any see or detaining him for or on account of any jail fees; and the

said judge or justice shall forthwith file the said affidavit in the office Not to be im. of the clerk of said city and county. prisooed - II. And be it further enacted, That no person discharged from

imprisonment by virtue of this act shall at any time thereafter be impeisoned for the same cause ; and if any person so discharged shall be arrested for the same cause, it shall be lawful for any judge of the court out of which the process upon which such person sball be arrested, shall have issued, or any justice of the peace who shall have issued such process, to discharge such person out of custody: Provided, such person do enter an appearance or give a warrant to

some attorney to appear and plead to such action. Debts against III. And be it further enacted, That not withstanding such discharged to charge, every debt and demand, judgment and decree, against the pemain good.

person so discharged, shall remain good against the estate real and persopal of such person, his arms and accoutrements and other articles already exempted from execution being excepted; and any creditor at whose suit soch person was confined, bis executors and administrators, and the officer who ought to prosecute for any such fine or forfeiture, may at any time after such discharge, sue out a new execution or other process for the said debt, sum, fine or for. feiture, with the costs, against the estate real and personal of the person so discharged, such articles as are exempted from execution as aforesaid beiog escepted in the same manner and form as if such person had never been so confined for the same; and in case no judgment shall be obtained at the time of such discharge, it shall be Jawful for the creditor to prosecute his action to judgment, and to prosecute any other action for the recovery of such debt or sum, and to take ont such execution therefor, with costs, against the estate real and personal of the person so discharged, as if such person

never had been confined for the same. Perjury,

IV. And be it further enacted, That if any person who shall take any oath by this act required to be taken, shall, upon any indictment for perjury, be convicted by his own confession or by virdict, every person so convicted shall suffer the pains and forfeitures which by law are to be ipflicted upon any person guilty of wilful and corrupt perjury, and sliall, likewise, if discharged out of execution by virtue of this act, be liable to be taken in any process de novo, and charged in execution for the said debt, in the same manner as if he had not been taken and discharged, and shall never after have the benefit of this act.

CHAP. CCLAI.

AN ACT for the payment of certain officers of government.

Passed April 15, 1817. I. BE it enacted by the people of the state of New-York, represenied in senate and assembly, That the treasurer pay, on the war. The pay of

chaplains. raat of the compuroller, to each of the several clergy, who shall have attended the legislature as chaplains, during the present session of the legislature, the sum of two dollars and fifty cents for every day they may have so attended, and that the number of days each shall have attended, shall be certified by the president of the senate and the speaker of the aseembly.

II. And bc it further enacted, That the treasurer shall pay, on Members, Pet the warrant of the comptroller, to the president of the senate and the of legislatu. speaker of the house of assembly, the sum of one dolla, and fifty cents per day for each day's attendance in their respective stations; to each member of the senate and assembly, the sum of one dollar per day for each day's travel and attendance in the legislature; to the clerks of the senate and assembly, and to their respective deputies, aud to the sergeant at arms and the door keepers of the senate and assembly, and the door keeper of the council of appointment and council of revision, the sum of ove dollar for each day's altepdance for both meetings of the present session of the legislature, in addition to the compensation allowed them respectively in an act, entitled “ an act for the support of government." III. And be it further enacted, That the clerk of the senate and for addition.

al clerks, & the clerk of the assembly shall each be allowed and paid, by the for indexes. treasurer, on the warrant of the comptroller, the sum of four dollars per day for an additional assistant clerk, employed by each of them daring the present session; dod each the sum of fifty dollars for ma. king indexes to the journals of this session.

IV. And be it further enacted, That the treasurer pay, on the Incidental warrant of the comptroller, to the person administeriog the govern. expenses. ment of this state, lo defray the incidental expenses of aduinistering the same, a sum pot exceeding seven hundred and fifty dullars: Pro. Proviso. villed, that the person administering the government sliall account with the comptroller for the expenditure of the said sum.

V. And be it further enacted, Thit the treasurer .pay, on the Governor. warrant of the comptroller, the rent and taxes, for the year ending on the first day of May next, of the house in the city of Albany occupied by Daniel D. Tompkins, late governor of this state.

VI. And be il further enaclel, That the treasurer pay, upon the warrant of the comptroller, to James Burt, Thomas C. Taylor and state pricon. Peter W. Radcliff, commissioners appointed at the last session for the purpose of making a report coocerning the state prison, the sum of three hundred and seventy dollars and twenty-eight cents, for the balance due for their pay and expenses while einployed on that service.

VII. And be it further enacted, That the comptroller shall draw s. De Wirt. bis warrant on the treasurer, in favor of Simeon De Witt, for i wentyfive dollars and eighty-six cents, to reimburse him for so much paid

by bim sor articles furnished for the holding of an Indian treaty in the year one thousand eight hundred and two.

VIII. And be it further enacted, That in case it shall become Comoptroller. necessary for the comptroller of this state to transmit for payment or

exchange to any of the banks of this state, the notes or bills which have or may be received at the treasury, pursuant to the concurreot resolutions of the senate and assembly of the sixteenth and seventeenth of March last, it shall be lawful for him to draw his warrants on the treasurer for payment of the expense of such transmission.

IX. And be it further enacted, That the treasurer shall pay, on Canal commissioners. the warrant of the comptroller, to the capal commissioners, such

balance as may be due them for expenditures incurred under the act, entitled “an act to provide for the improvement of the ioternal pavigation of this state:” Provided, the same shall not exceed the sum of four thousand dollars.

X. And be it further enacted, That the comptroller shall draw his Sarveyor general. warrant on the treasurer, in favor of the surveyor general, for the

expense incurred in surveying and appraisiog the lots in a patent of 7550 acres of land granted to Ebenezer and Edward Jessup, reported to him by the attorney general to have been confiscated; and that it shall be the duty of the surveyor general, before he shall convey to auy of the occupants on said patent any of said lots, to obtaio from such occupant his proportion of such expense, and repay the same into the treasury.

XI. And be it further enacted, That the treasurer pay, on the Commissary general,

warrant of the comptroller, to the commissary general of military stores, the sum of thirteen hundred and sixty-two dollars and twenty, four cents, for regulating and paving the streets adjoining the state arsenal, jo the city of New York.

XII. And be it further enacted, That that it shall be lawful for

the comptroller, at the expense of this state, to cause to be published, Comptroller to publish from time to time, in one or more of the public newspapers printed laws.

within this state, such laws or extracts of laws of this state, as relate to the payment of money due to this state, or to duties to be performed by officers appoioted under authority of this state, as he may deem necessary to be published: And further, that he be authorised to draw his warrant on the treasurer for the expense of publishing, in the month of May last, extracts from the act, entitled “ an act lo regulate sales by public auction, and to prevent stockjobbing."

XIII. And be it further cracted, That the treasurer, on the warTo the city rant of the comptroller, pay to the chamberlain of the city of Alba

vy, one liundred and sixty-two dollars and fifty cents, expended by the superintendaut of the said city in laying drains in State and Lodge-streets, opposite the state hall.

XIV. And be it further enacted, That it shall be lawful for the

comptroller to draw his warrant on the treasurer, in favor of Isaac 1. Denniston

ton. Denuiston, for the balance that may be fouod due to him on the set.

tlement of his account of incidental expenses attending Iodian affairs, in the year one thousand eight hundred and fifteen, by order of the governor, over and above the appual appropriation by law for that

object: Provideid, such balance shall not exceed cighty dollars. Clerks of sen. XV. And he it further enacted, That the treasurer shall pay, on ate & asseni. bly.

" the warrant of the comptroller, to John F. Bacon, clerk of the sen:

of Albany,

ate, and to Aaron Clark, clerk of the assembly, each twenty-five dollars, for making an alphabetical list of the towns and counties of this state, agreeable to a resolution of the senate and of the assembly, of the last and present session of the legislature.

XVI. And be it further enacted, That the treasurer shall, on the Wm. Giles. warrant of the comptroller, pay to William Giles, for two days atteodance as door keeper, at the last meeting of the electors of a president aod vice president of the Ucited States, at the rate of four dollars and fifty cents per day.

XVII. And be it fürhter enacted, That the sum of three thou. Appropriasand and one bundred dollars be and the same is hereby appropriate ed for the use of the commissary's department, to be received and accounted for by the commissary general, to the comptroller of this state.

tion.

CHAP. CCLXII.

AN ACT respecting navigable communications between the great western anil northern lakes and the Atlantic ocean.

Passed April 15, 1817. WHEREAS navigable communications between lakes Erie and Champlain, and the Atlantic ocean, by means of caoals convected Preamble. with the Hudson river, will promote agriculture, manufactures and commerce, mitigate the calamities of war, and enhance the blessings of peace, consolidate the union, and advance the prosperity and ele. yate the character of the United States : And whereas it is the io. cumbent duty of the people of this state to avail themselves of the means wbich the Almighty has placed in their hands for the production of such signal, extensive and lastiog benefits to the human race: Now, therefore, in full confidence that the congress of the Upited States, and the states equally interested with this state in the commencement, prosecution and completion of those important works, will contribute their full proportion of the expense; and in order that adequate funds may be provided, aud properly arranged and managed, for the prosecution and completion of all the pavigable communications contemplated by this act:

I. BE it enacted by the people of the State of New York, represented in senate and ussembly, That there shall be constituted a fund to be denomioated the canal fund, which shall consist of all such appro- Canal fund. priations, grants and donations, as may be made for that purpose by the legislature of this state, by the congress of the United States, by individual states, and by corporations, companies and individuals; Commission. which fund shall be superintended and managed hy a board of commissioners, to be denomivated" the commissioners of the capal fund,”.

Their doties consisting of the lieutenant governor, the comptroller, the attorney & power. general, the surveyor general, secretary and treasurer, a majority of whom with the comptroller shall be a quornm for the transaction of business; and that it shall be the duty of the said board to receive, arrange and manage to the best advantage all things belonging to the said fund; to borrow, from time to time, monies on the credit of the

ers.

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