Commission. ers to give bond.

IV. And be it further enacted, That each of the commissioners appointed under this act, shall give bond with surety, to be approved of by the comptroller of this state for the sum of three thousand dollars, with condition faithfully and punctually to perform all things required of him by this act, according to the true intent and meaning thereof, which bonds shall be deposited in the When to be comptroller's office before they shall receive any of the aforesaid deposited. money.

Provision for the expense

V. And be it further enacted, That where the said road shalt where road pass through land belonging to the people of this state, it shall be runs through the duty of the commissioners to keep a distinct account of the public lands. expenses incurred in opening and improving such part of said road, and that upon presenting such account duly authenticated to the comptroller, it shall be the duty of the comptroller to draw his Treasurer to warrant on the treasurer in favor of the said commissioners, for the amount of the same, and the treasurer shall pay the same out of any monies in the treasury not otherwise appropriated: Provided, It do not exceed five hundred dollars.

pay same.

Owners and occupants discharged from certain

taxes, &c.

Compensa. tion to com

VI. And be it further enacted, That the owner or occupant of any land through which the said road may pass, and who shall actually make the said road at his own expense through the said land, according to the directions of the said commissioners, shall be discharged from any tax or assessment on the said land to which he would otherwise be liable.

VII. And be it further enacted, That the commissioners apmissioners. pointed under this act, shall each of them be entitled to receive two dollars for each and every day's service in which they shall be employed in exploring, marking and laying out the said road, together with the wages and necessary expenses of such persons as they shall necessarily employ to assist them in executing the same, and that the said commissioners shall be entitled to and receive five per cent on all the monies which they shall expend for the purpose of opening and completing the road, as a compensation for making the assessment on the land, as well as contracting for and superintending the completion of said road.

VIII. And be it further enacted, That all monies which may be paid into the treasury, yearly, and every year, for the space of three years, after the passing of this act, which may be assessed for taxes on unsettled lands in that part of the town of Leyden, in Lewis county, lying east of the Black river, shall be, and hereby are appropriated for opening and improving said road, and the treasurer of the said county shall pay to the commissioners appointed by this act the said monies, as soon as the same shall come into his hands.

IX. And be it further enacted, That in case of the death, `refusal to act, or resignation of any person appointed by this act to be a commissioner, it shall and may be lawful for the person administering the government of this state to supply such vacancy, by the appointment of such person to fill the same, as he in his discretion shall deem meet and proper.

X. And be it further enacted, That two of the commissioners hereby appointed, shall be deemed a quorum, who may trans

act all business incident to the trust reposed in them by this declared a

act.

quorum.

Note-See Appendix.]

CHAP. CXCVIII.

An ACT in addition to the act, entitled "an act for the partition of lands."

Passed April 15, 1814.

" dower in case

I. BE it enacted by the People of the state of New-York, repre- Provision as sented in Senate and Assembly, That whenever a sale shall be to rights of made under the act, entitled " an act for the partition of lands," of sales. and it shall appear to the satisfaction of the court ordering such sale, by admission of the parties then before the court, or by affidavit, or otherwise, that the lands, tenements or hereditaments, ordered to be sold, or any part thereof, are subject to a right or rights of dower therein, but that the same dower hath not been assigned, then and in every such case, the said court shall take order for securing the interest or income of a just proportion of the purchase money for life, to the person or persons entitled to such dower, in like manner as is directed in and by the fifteenth section of said act, in case of tenancy for life; and the said right or rights of dower, shall thereupon and thereby, be deemed to be extinguished and fully satisfied, and the purchasers, their heirs and assigns shall hold such lands, tenements and hereditaments, free, and discharged from any such claim or right of dower, of, in or to the same: Provided, That this act shall not extend to any case, Proviso. except where the widow whose right may be affected by any proceedings under this act, is a party to such proceedings: And Further pro provided further, That in every such case, it shall be the duty of viso. the court, first to consider and determine under all the circumstances of the case, whether such property or any part thereof, ought to be exempted from such partition or sale, and herein they shall have a special regard to the right and interest of such widow.

with others,

divided.

II. And be it further enacted, That whenever any lands, tene- Lands held ments or hereditaments shall be held as tenants in common by the by the state people of this state, and one or more of the citizens thereof, it how to be shall be lawful for any one or more of the parties interested therein, to present a petition to the supreme court, for partition of the said land, and to have such proceedings and relief as are given and directed in other cases of the act hereby amended.

Service in

III. And be it further enacted, That all notices, which by the act hereby amended, are directed to be served on the parties, such ease of shall in any proceedings under the preceding section of this act, attorney be served on the attorney-general of this state, whose duty it shall

notices on

general for the state,

be, and it is hereby declared to be, to appear for and attend to the and his duty. interests of this state in the premises.

[Note. The act for the partition of lands is in V. N. & W. vol. 1. 507.-The present act provides for a case not hitherto sufficiently guarded in partition, viz: That of dower, &c. and for cases in which the people of this state are concerned.]

Commission.

for improv

road.

5000 dollars to be paid

CHAP. CXCIX.

An ACT appointing commissioners and making an appropriation of money for improving the road from the bridge over the falls of Genessee river to Lewiston, on the Niagara river, and for other purposes.

Passed April 15, 1814.

1. BE it enacted by the people of the State of New-York, repreers appointed sented in Senate and Assembly, That Isaac W. Stone, Eli Moore, g a certain and Sheldon Thompson, be, and they are hereby appointed commissioners for the purpose of improving the road leading from the bridge over the Genesee Falls to Lewiston, on the Niagara river, called the ridge road; and the treasurer of this state is hereby required, on the warrant of the comptroller, to pay to the said commissioners, or to their order, the sum of five thousand dollars, to be applied in due proportion to the improvements of such parts of the said road, as may stand in need thereof, and as the said commissioners shall think proper, for the public benefit: Provided however, That previous to the payment of the said money, said commissioners shall give to the comptroller of this state, sufficient security, that they will faithfully expend and account for said money, and the certificate of the said comptroller shall be considered by said treasurer as proof that said commissioners have complied with the requisites of this act.

them and how to be applied.

Proviso.

Compensa

non to com. missioners.

Certain quit

II. And be it further enacted, That each of the said commissioners appointed by this act, shall be entitled to two dollars per day, for each day they shall be respectively employed in the discharge of the duties imposed on them by this act, to be paid out of the aforesaid money.

III. And be it further enacted, That the quit rents due and rerents release served on the patent, commonly called the Salisbury and Sleghtenhors patent, be, and the same is hereby released to the present proprietors of the lands contained in the said patent.

ed.

[Note.-See Appendix.]

CHAP. CC.

Monies to

An ACT for the Payment of certain Officers of Government; and for other purposes.

Passed April 15, 1814.

I. BE it enacted by the people of the state of New-York, repre

be paid the sented in Senate and Assembly, That the treasurer shall pay, on Chaplains

the warrant of the comptroller, to each of the reverend clergy, to the legisla who shall have attended the legislature as chaplains, during the ture. 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 may have attended, shall be certified by the president of the senate or the speaker of the house of assembly.

vernor for

II. And be it further enacted, That the treasurer shall, on To the the warrant of the comptroller, pay to the person adminis- incidental tering the government of this state, to defray the incidental expensos. expenses of administering the same, a sum not exceeding three thousand dollars.

III. And be it further enacted, That the treasurer shall, on the For rentwarrant of the comptroller, pay the rent for last year, of the house occupied by his excellency the governor.

IV. And be it further enacted, That the treasurer shall pay, on To the clerks the warrant of the comptroller, to John F. Bacon, clerk of the of senate ami assembly for senate, fifty dollars, for making an index to the journals of the indexes, &c. Senate, and to James Van Ingen, clerk of the Assembly, for making an index to the journal of the house of Assembly, fifty dollars, and the sum of two dollars and fifty cents per day, to the said To the assist elerk, as a compensation for an additional assistant clerk employ- the assembly. ed by him at this session.

ant clerk to

V. And be it further enacted, That the treasurer, on the war- For postage rant of the comptroller, shall pay to George W. Mancius the of comptrolamount of his account for the postage of the comptroller's official letters. letters.

ler's official

VI. And be it further enacted, That the treasurer, on the war- To the adjurant of the comptroller, shall pay to the adjutant-general of this tant general. state, the sum of fifteen hundred dollars, for his yearly salary, in lieu of the sum heretofore allowed him, payable quarter yearly, to commence on the first day of January last past.

attendance

VII. And be it further enacted, That the treasurer shall pay, To certain on the warrant of the comptroller, to John Cameron, Duncan witnesses for Cameron, John M'Donald, Archibald Noble, Norris Hopkins, before the William Leach and Avery Allen, severally, such sum as shall be committee of audited to them respectively, by the comptroller, as a compensation for their attendance as witnesses before the committee of privileges and elections of the house of Assembly, upon the memorial of John White.

elections.

of Albany

mayors court

VIII. And be it further enacted, That the mayor's court of Jurisdiction the city of Albany, shall be, and hereby is authorised and empowered to hear, try and determine, according to law, all actions, extended. real, personal and mixed, arising within the said city; and also, all transitory actions, although the same may not have arisen within the said city.

by the Ila

IX. And be it further enacted, That it shall and may be law- Certain toll ful for the president and directors of the Hamilton aud Skeneate- to he takea les turnpike company to, demand and receive toll from the same to an description of persons as are liable to the payment of toll by the Skencateles general law, entitled "an act relative to turnpike companies,' passed March 13, 1807, any thing contained in the proviso to the eleventh section of the act, entitled "an act to incorporate the

,, turnpike.

paid to the

state-prison agent.

Hamilton and Skeneateles turnpike company," passed the second day of April, 1806, to the contrary notwithstanding.

Monies to be X. And be it further enacted, That the treasurer shall, on the warrant of the comptroller, pay to the agent of the state-prison, a sum not exceeding fifteen thousand seven hundred and seventeen dollars, in such sum or sums, and at such time or times, as the inspectors may require for the support of the institution.

For expenses of treasurer's office.

To the depu

of state.

XI. And be it further enacted, That for the expenses of the treasurer's office, over and above the present allowance to his clerk, there be appropriated four hundred dollars a year, to commence from the first day of January last.

XII. And be it further enacted, That the deputy secretary of ty secretary this state, in lieu of his present compensation, shall be allowed an annual salary of one thousand dollars, to be computed from the first day of January last.

To the depu

XIII. And be it further enacted, That the deputy comptroller ty comptrol of this state, instead of the salary now allowed him, shall receive at and after the rate of fourteen hundred dollars a year, to be computed from the first day of January last.

For expenses

XIV. And be it further enacted, That there be appropriated of comptrol to the use of the comptroller of this state, in addition to the present allowance, for the expenses of his office, the sum of six hundred dollars a year.

ter's office.

Sullivan

clerk's office

where to be kept.

A certain

XV. And be it further enacted, That the clerk's office of the county of Sullivan shall be kept within one mile of the courthouse in said county.

XVI. And be it further enacted, That the comptroller be, and iron chest to he is hereby authorised, to sell the iron chest in his office, and pay the amount he shall receive for the same into the treasury of

be sold.

Certain monies of J. Geddes how applied.

A certain

vived.

this state.

XVII. And be it further enacted, That the sum of four hundred and seventy-nine dollars paid into the treasury of this state, on the thirteenth day of August last, by James Geddes, on account of principal due on lot number thirty-seven, in the late Onondaga reservation, may, at the request of the said James Geddes, to be signified in writing to the comptroller of this state, be applied to the payment of interest due on all or any of lots number twenty-two, twenty-three, thirty-six and fifty, in the said reservation, owned by the said James Geddes, and an endorsement shall be made on the receipt for the money paid on the said thirteenth day of August last, which shall express the transfers which may be made of said payment in pursuance of this provision.

XVIII. And be it further enacted, That the fourteenth sec section re- tion of the act, entitled " an act for the payment of certain officers of government, and for other purposes," passed the thirteenth day of April last, be and the same is hereby revived, and that it be continued in force until the first day of October next.

Comptroller to receive

eertain re

XIX. And be it further enacted, That the comptroller be, and he is hereby required to receive the returns of the arrears of the turns of ar- tax of the year one thousand eight hundred and twelve, for the county of Herkimer, the same having been returned too late last year to be admitted by the comptroller.

rears of taxes