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Proviso.

Third section

of former act extended to the Seneca

and St. Regis Indians.

purpose to occupy so much land as the said judges shall in such license specify, not exceeding fifty acres; and whenever the said judges, or a majority of them, shall as aforesaid grant a license to any person to reside upon any such reservation, for the purpose of instructing the said Indians in agriculture, the mechanic arts, or to erect for them any mill or other machinery, or to attend and keep in repair any mill or other machinery, or to assist such Indians in the manufacture of salt, the person or persons to whom such license shall be granted, shall not be subject to the provisions contained in the act, entitled "An act respecting intrusions on Indian lands," passed March 31, 1821: Provided, That the said judges, or a majority of them, may at any time in their discretion revoke any such license so granted by them as aforesaid; and it shall be their duty to revoke the same whenever it shall appear that any person to whom the same was granted has sold, given away, or in any way distributed any ardent spirits among the said Indians; and whenever such license shall be so revoked, the same shall cease to have any force or effect whatever; and it shall be the duty of the district attorney of the county wherein such reservation shall be situate, to proceed and cause the removal of such person or persons from such reservation, according to the provisions of the act aforesaid.

An act to amend the act, entitled "An act relative to the different tribes and nations of Indians in this state," passed April 10, 1813. Passed April 11, 1826. Chap. 150, p. 139.

S1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That the provisions of the third section of the act, entitled "An act relative to the different tribes and nations of Indians in this state," passed April tenth, eighteen hundred and thirteen, so far as they may be applicable, be, and they are hereby extended to the Seneca and St. Regis tribes of Indians, and that any person or persons who shall sell to any Indian of said tribes, or to any Indian residing with or visiting said tribes, any rum, branSelling ardent dy, gin or other ardent spirits, within the county of Cattaraugus or Franklin, shall be deemed guilty of a public offence, and be subject to the penalties provided in and by the said section, to be recovered and paid in the manner therein prescribed.

spirits to

them declar

ed a public

offence.

W. Sabin

Acts of a Miscellaneous Character.

An act concerning the lands ceded by this state to the commonwealth of Massachusetts. Passed April 9, 1813. Sess. 36, Chap. 180.1

Map made by $1. Be it enacted by the People of the State of New-York, reconfirmed. presented in Senate and Assembly, That the survey made by Walter Sabin, of the western lands ceded by this state to the commonwealth of Massachusetts, as delineated on a map thereof filed in the office of the secretary of this state, except the north tier of lots, con

(1) 1 R. L. p. 198.

taining eight thousand four hundred acres, be and the same is hereby confirmed.

An act concerning the commissioners of the land-office, and the sale of the unappropriated lands. Passed April 6, 1813. Sess. 36, Chap. 74.1

boundary of

tled accord

$8. And be it further enacted, That the map and description of Eastern the line run by Benjamin Ellicot, as for the eastern boundary line of the state setthe lands ceded by this state to the commonwealth of Massachusetts, ing to Elliby the deed of mutual cession, executed on the sixteenth day of De- cot's survey. cember, one thousand seven hundred and eighty-six, with the certificate of the surveyor-general of this state endorsed thereon, and heretofore delivered by him to the secretary of this state, to be deposited among the archives of this state, shall there remain as a public record; and the line indicated on such map, and in such description, shall for ever hereafter be taken and deemed to be the eastern boundary line of the lands aforesaid.

An act authorising the surveyor-general to lease certain lands belonging to the state, in the St. Regis reservation. Passed April 3, 1821. Chap. 245, p. 255.

given by sur

ral.

$1. Be it enacted by the People of the State of New-York, re- Lease for ten presented in Senate and Assembly, That it shall and may be lawful years to be for the surveyor-general to lease the lands reserved for military pur- veyor-geneposes, within the mile square in the St. Regis reservation, for and during the term of ten years, to such person or persons as he shall think fit and proper, and for such rent or rents as in his opinion will be beneficial for the state, either by improvements on said premises, or an annual rent to be paid into the state treasury: Provided al- Proviso. ways, That a clause be in said lease for the state to re-enter into full possession of the said premises whenever the legislature may deem it fit and proper.

An act concerning the conveyance of real estate in this state for the security and benefit of the school fund of Connecticut. Passed March 12, 1813. Chap. 63, p. 80.

WHEREAS it is represented to this legislature, that the state of Connecticut have by a permanent appropriation, constituted a fund for the support of free schools, and that sundry citizens of this state have become debtors to said fund; and that for the accommodation of said citizens, as well as the security of said fund, it has been found convenient to make conveyances of real estate in this state to the said state of Connecticut, or the trustee of said state, for the use and benefit of said school fund; and it appearing to this legislature that the establishment of said school fund is for a useful and benevolent purpose, and will be of great public benefit: Therefore,

$1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That the consent of this state be, and the same is hereby given to all conveyances of real estate in

(1) 1 R. L. p. 292. K. & R. v. 1, p. 297, § 17.

Preamble.

consent given

to certain

this state which have been made to the state of Connecticut, or a trustee of said state, for the security, protection and benefit of said school fund, and the same shall be as valid in law to all intents and purposes as if such conveyance had been made to a citizen of this state; and such real estate may be transferred by said state of Connecticut in the same manner as is provided by the laws of this state: Provided, That no lease or other conveyance reserving rent shall be made for a longer term than ten years, nor shall any mortgage, or other security on land, be taken, the last payment of which shall not fall due within ten years from the passing of this act.

An act concerning the conveyance of real estate in this state, for the security of the school fund of Connecticut. Passed March 10, 1825. Chap. 29, p. 35.

WHEREAS the legislature of this state, by an act passed March 12th, 1813, rendered valid all conveyances of real estate within this state, made to the state of Connecticut, for the security and benefit of the school fund thereof, and did authorise a transfer of the same, which act provided that no mortgage or other security should be taken, the last payment of which should not fall due within ten years from the passing of said act: And whereas, it is represented, that inconvenience may arise to divers citizens of this state by reason of the limitation in said act contained: Therefore,

Legislative $1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That the consent of this state be, conveyances. and the same is hereby given, to all conveyances of real estate in this state, made or to be made to the state of Connecticut, or to a trustee of said state, for the security, protection and benefit of said school fund, and the same shall be as valid in law to all intents and purposes, as if such conveyance had been made to a citizen of this state; and such real estate may be transferred by, and security therefor be taken to said state of Connecticut, in the same manner as is provided by the laws of this state, in relation to such conveyances and security, when executed or taken by any citizen of this state: Provided, That in all securities to be taken by the said state of Connecticut, an option shall be reserved to the obligors, to pay the whole or any part of the sum secured, at any time.

Proviso.

Certain conveyances

recorded.

$ 2. And be it further enacted, That all deeds or other conveywhere to be ances of real estate, to be executed by the treasurer of said state of Connecticut, and which shall be acknowledged before and certified by the secretary of said state, under the seal thereof, may be recorded in the proper offices within this state.

An act for the relief of Jeremiah Ryan. Passed April 21, 1818.
Chap. 260, p. 282.

$1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That the treasurer, on the warrant of the comptroller, pay to Jeremiah Ryan, a revolutionary soldier, the sum of one hundred dollars annually, during his natural life, as a

bounty for his revolutionary services, to commence on the first day of January last.

An act for the relief of Frederick Sammons. Passed April 20,

1825. Chap. 228, p. 350.

payable.

$1. Be it enacted by the People of the State of New-York, re- Annual sum presented in Senate and Assembly, That the treasurer pay on the warrant of the comptroller, to Frederick Sammons, a revolutionary soldier, the sum of fifty dollars, on the first day of May next, and the further sum of fifty dollars on the first days of May and November, in each and every year thereafter, during his natural life, as a bounty for his services and sufferings during the revolutionary war.

Local Acts.

ARRANGED IN THE ALPHABETICAL ORDER OF THE COUNTIES TO
WHICH THEY RELATE.

ALBANY.

An act for establishing a justices' court in the city of Albany.

Passed February 16, 1821. Chap. 47, p.
36.

tices to be

$1. Be it enacted by the People of the State of New-York, Three jus represented in Senate and Assembly, That it shall and may be law- appointed. ful for the person administering the government of this state, by and with the advice and consent of the council of appointment, from time to time, to appoint and commission three proper and discreet persons, to be called and known by the name of "The Justices of the Justices' Court in and for the City of Albany ;" and one other proper and discreet person, to be called and known by the name of "The Clerk of Also & clerk. the Justices' Court in and for the City of Albany," to hold their said offices respectively for and during the pleasure of the said council; and the said commissions of the justices aforesaid, shall issue once at least in every three years; and in their said commissions, the said justices shall be also appointed justices of the peace in and for the county of Albany, with all and singular powers in criminal cases incident to the office of justice of the peace.

clerkship,

$2. And be it further enacted, That if the said clerk should die, Vacancy in remove out of the city of Albany, or by any other ways or means, how filled. become incapable of exercising and performing the duties of his said office, in the recess of the council of appointment, then, and in such case, the said justices, or a major part of them, may, as often as need be, fill the said vacancy, by the appointment of some other person as clerk, who shall hold his office until the said council of appointment shall appoint some other person in his place.

court.

$3. And be it further enacted, That the said justices of the said Powers of justices' court, shall have power and authority to hold a court at the Capitol in the city of Albany, or at such other proper and convenient place in the said city as the common council thereof may at any time direct and appoint; and such court shall be called "The Justices'

Scal.

oath.

Court of the City of Albany ;" and it is hereby declared to be a court of record, and shall have exclusive jurisdiction in the said city, to hear, try and determine all actions which are now cognizable before a single justice of the peace in said city, and shall in all respects proceed in like manner, except as is otherwise provided by this act.

$4. And be it further enacted, That the said court shall have a Clerk to take seal, to be devised and directed by the justices thereof; and the clerk of the said court, before he shall enter upon the duties of his said office, shall take an oath in open court, before the said justices, faithfully and honestly to discharge the duties of such office; and the said court to be open. shall be open every day, at seasonable hours, except Sunday, the three days of the annual election, the stated election for city charter officers, the fourth day of July, the twenty-fifth day of December, and the first day of January in every year.

When court

Two justices $5. And be it further enacted, That no judgment shall be given, necessary to bold a court, nor any rule or order made, in any cause in the said court to be held except, &c. before the said justices, nor any conviction had upon any statute or law, unless two of the same justices hereby authorised to hold such court, shall be present; and if only one of them shall attend on any court day, he shall adjourn the said court to the next court day; and if, on any court day, neither of them shall attend, then the clerk of the same court shall and may adjourn the court to the next court day : Provided nevertheless, That it shall and may be lawful for any one of the said justices, to receive the confession of the defendant or defendants of the action of the plaintiff, and of the debt and damages, or sum of money due to the plaintiff, and to give judgment, and issue execution thereupon, in like manner as if any two of them were present: And further, That in case of the sickness or death of any two of the said justices, then, and in that case, the survivor shall have power to hold the court, to hear, try and determine the causes, in the same manner as if two of the said justices were present.

Proviso.

Duty of clerk

Process by whom issued.

Forms of process.

$6. And be it further enacted, That the clerk of the said court shall cause to be entered or registered in proper books to be kept for that purpose, a docket or register of all summonses, warrants, precepts, executions and process, which may be issued by the said court, and of the returns to all such summonses, warrants, precepts, executions and process; and also proper entries of all acts, orders, dismissions, decrees, judgments, adjournments and proceedings of the said court; and also the substance of the plaintiff's charge or demand, and of the defendant's plea.

$7. And be it further enacted, That all applications for process for the recovery of any debt or demand, to be sued for in the said court to be holden by virtue of this act, before the said justices, shall be made to the clerk of the said court, and not otherwise; and that all process to be issued out of the said court, shall be tested in the name of the said justices, and be signed by the clerk of the said court, with his name, and with these words, "By the Court," and sealed with the seal of the said court; and that the forms of process now adopted and used by single justices of the peace in the prosecution of suits before them, shall be adopted and used, as near as may be, by the said justices' court, except that the same shall be made returnable

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