Act subject

VIII. And be it further enacted, That this act may be repealed to repeal,&c. at any time, or the provisions thereof may be at any time altered lature. or modified as the legislature may think proper.

by the legis

[Note.-The Lancaster system of education, has deservedly been encouraged and patronized. Similar acts of incorporation have been passed for Albany, &c.]

Judges to

tay out gaol liberties in Putnam.

CHAP. XLIII.

An ACT authorising the Judges of the court of Common Pleas, of the county of Putnam, to lay out the Gaol Liberties in said county.

Passed March 18, 1814.

Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall be lawful for the judges of the court of common pleas of the county of Putnam, immédiately to lay out the gaol liberties in said county; and that it shall be lawful for the sheriff of said county, to admit to such liberties, pursuant to the directions of the act in like cases made and provided, all debtors in his custody, any thing in any act to the contrary notwithstanding.

[Note. The act as first passed, was returned by the council of Revision, as being too obscurely drawn.-It was then amended and passed in its present form.-Putnam was erected as a county, June 12, 1813.-Sess. 35. ch. 143.-The prisoners were by that act, (section 9, 10, directed to be kept in the gaol of Dutchess county, until the gaol for Putnam should be completed.-That having now been done, this act became necessary for the convenience of the prisoners, &c. 1

CHAP. XLIV.

Recital.

Certain acts

firmed.

An ACT to amend the act, entitled "an act to Incorporate the Urtica
Whitlowi Society.'

Passed March 18, 1814. WHEREAS doubts have arisen, whether the directors heretófore elected by the stockholders of the said society were legally elected, and also whether an election of directors of the said society can now be lawfully made,

1. Be it enacted by the People of the state of New-York, represent-/ and appointed in Senate and Assembly, That the directors heretofore chosen by the said stockholders, to wit: Oliver Wolcott, Peter G. Stuyvezandt, Barent Gardenier, William Bridges and Casper W. Eddy, shall be deemed and taken to have been lawfully appointed and chosen; and that all acts and things, by them as such director's heretofore done, consistently with the powers and duties of such directors, shall be deemed and taken to be good and valid to all intents and purposes whatsoever.

Power to ap.

election.

II. And be it further enacted, That the said directors, or a mapoint a day jority of them, shall have power to appoint a day for the election for holding of directors, on or before the first day of June next, at such time and place within this state, as they or a majority of them, shall see fit to appoint; and that the directors thereupon chosen, shall be and continue directors until the first Monday in December next;

on which last mentioned day, and annually on the first Monday of December in every year thereafter, the directors of the said corporation shall be chosen, as in and by the said act hereby amended is authorised and directed; and that until the first election of directors hereby authorised shall take place, the persons above named shall and may continue to act as directors of the said corporation

[Note.-The Urtica Whitlowi Society, was incorporated April 12, 1813.-Sess. 36 ch. 192. It had for its object, the encouragement of manufacture from a plant, a native of this state, called the Urtica Whitlowi, which had been discovered by Charles Whitlow, to be an useful substitute for hemp and flax.-The plant was called Urtica Whitlowi, in honor of its discoverer.-The recital to this act sufficiently ́explains its object.]

CHAP. XLV.

· An ACT to enable the Trustees of the Methodist Episcopal Church, in the City of Albany, to sell a certain lot of Land and the building thereon.

Passed March 18, 1814. WHEREAS the trustees of the Methodist Episcopal Church, Recital. in the city of Albany, by their petition have represented to the legislature that the said church is duly incorporated according to law, and is possessed of a certain lot of ground, situate in Pearlstreet, in the city of Albany, with a building or messuage thereon, which was formerly used as the place of public worship of the ́said church; that they have recently obtained a site for a larger church in Division-street, in said city, and have erected and completed thereon a convenient and suitable building for the accommodation of the people belonging to said church at a heavy expense; that the petitioners are desirous of selling the lot and building originally occupied by them, and of applying the proeeeds thereof to the payment of the debts of the said church, accrued in consequence of building the aforesaid new church; and insomuch as the said church is poor, and the process of obtaining permission to sell and of selling under an order of the court of chancery, is dilatory and expensive, and would retard the beneficial objects which they have in view, they have prayed the legislature to pass a law authorising them to sell and dispose of the lot of land and building in Pearl-street, first above mentioned, and to apply the proceeds to the payment of the debts incurred in building the new church above mentioned; and the prayer of the said petition appearing reasonable: Therefore,

Be it enacted by the People of the state of New-York, represent ed in Senate and Assembly, That it shall be lawful for the trustees of said church, to sell, dispose of and convey, in fee simple, all that certain lot of land, with the building thereon, situate, lying and being in Pearl-street, in the second ward of the city of Albany, formerly occupied by the said church as a place of public worship, and to give a good and sufficient conveyance to the purchaser or purchasers thereof; and to apply the consideration moLAWS.-S. 37.

7

Trustees au

thorised to

sell certain

estate.

Proceeds how to be applied.

nies thereof to the extinguishment of the debts of the said church, and to such other beneficial purposes of said church, as may be deemed most conducive to its prosperity and welfare.

[Note. By the 11th section of the act" to provide for the incorporation of religious societies,"-V_N. & W. v. 2. 218, the chancellor is authorised under certain circumstances, to make an order for the sale of any real estate belonging to any such religious incorporation.-The recital to this act, of March 18, 1814, explains the reason for not resorting to that mode of proceeding.]

Terms of

non pleas

altered.

CHAP. XLVI.

An ACT to alter the time of holding the January and May terms of the courts of Common Pleas and General Sessions of the Peace of the county of Ulster.

Passed March 18, 1814.

BE it enacted by the People of the State of New-York, represented Ulster com- in Senate and Assembly, That hereafter, the January term of the court of common pleas of the county of Ulster, shall begin and be held on the second Tuesday of December in every year; and that the May term of the said court, and of the general sessions of the peace of the said county, commencing on the first Tuesday in May, shall begin and be held on the third Tuesday in April in every year; and that any writs which now or hereafter may be issued, returnable on the first Tuesday of May next, shall be deemed and taken to be returnable on the second Tuesday of April and shall be as valid to all intents and purposes, as if this act had not been passed.

[Note. This act ought to be noted in V. N. & W. v. 2. 143.-There appears some obscurity in the present act-As the terms of the court are thereby altered, it would seem to have been more correct in adapting the names of the terms to the names of the months in which they are to be held.]

Town of Pa rishville erected.

CHAP. XLVII.

An ACT dividing the Town of Hopkinton, in the County of St. Lan

rence.

Passed March 18, 1814. I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That from and after the passing of this act, all that part of the town of Hopkinton, in the county of St. Lawrence, which on the map of this state is known by the townships of Sherwood, Harewood, Granshuck, Matildavale, Wyck, Cookham and the west third part of the township of Catharineville, in great tract number two, of Macomb's purchase, shall be and is hereby erected into a separate town by the name of Parishville; that the first town-meeting shall be held at the dwelling house of Thomas C. Colburn, in said town, which town-meeting it shall and may be lawful to hold on the first Tuesday of April next; and that all the remaining part of the said town of Hopkinton, shall be and remain a separate town by the name of HopkinHopkinton, ton,

Residne of

territory to be called

II. And be it further enacted, That any monies in the hands of Poor monies the poor-masters of the town of Hopkinton, shall be divided be- to be divided. tween said town and the town of Parishville, in proportion to the taxable inhabitants of said towns respectively; and it shall be the duty of the poor-masters of the said town of Hopkinton, to pay over said money in the said proportion, to the poor-masters of the said town of Parishville, hereafter to be chosen.

[Note.-The original bounds of Hopkinton, are to be seen in V. N. & W. v. 2. 95.]

CHAP. XLVIII.

An ACT for the Relief of the actual settlers on the Northwest part of the Oneida Reservation, in the Town of Sullivan, County of Madison, and for other purposes.

Passed March 18, 1814.

suspended

for 4 years.

WHEREAS the settlers on the northwest part of the tract of Recital.. land belonging to the people of this state, in the Oneida Reservation, in the town of Sullivan, in the county of Madison, have by reason of the failure of their crops for several years past, and of the sickness which has been prevalent amongst them, occasioned by the stagnant waters in the vicinity, and the lowness of the country they inhabit, become unable to meet the payments due from them to the people of this state for their lands: Therefore, I. BE it enacted by the People of the state of New-York, repre- Payment of principal and sented in Senate and Assembly, That the interest due on the first interest on day of March, one thousand eight hundred and fourteen, on the certain lots following lots in the northwest part of the Oneida Reservation, be and the same is hereby remitted, to wit:-On lots number one, three, four, five, twenty-nine, thirty, forty-four forty-five, forty-six, forty-seven, forty-eight, forty-nine, fifty-nine, sixty, sixty-one, sixty-two, seventy-one, seventy-five, seventy-six, seventy-eight, eighty-four, ninety-seven, ninety-nine, one hundred and twenty-five, one hundred and twenty-six, one hundred and twenty-eight, one hundred and twenty-nine, one hundred and thirty, one hundred and thirty-one, one hundred and thirty-two, one hundred and thirty-three, one hundred and thirty-four, and the payment of the principal due on said lots is hereby suspended for four years from the first day of March aforesaid,

as to

II. And be it further enacted, That it shall be the duty of the Duty of sur surveyor-general to receive the necessary proof of the actual resi- veyor-gene. dence of the settlers aforesaid, and cause the same to be entered proof. on the treasurer's books accordingly.

III. And be it further enacted, That the time for application for the pre-emption right to the occupants of lots number seventysix and seventy-seven in east, and lot number fourteen in west Cayuga reservation, be and is hereby extended to the first day of January next.

Time to ap ply for preemption

rights extended.

[Note. The liberality and magnanimity of this state, are to be seen from the recital.]

Recital.

surance a

gainst fire prohibited.

CHAP. XLIX.

An ACT to prevent Foreigners from becoming Insurers in certain, cases in this state.

Passed March 18, 1814. WHEREAS a certain company or association of persons in Eng-. land, under the name of the " Phoenix Insurance Company,” have appointed agents and established offices in this state, for the purpose of making insurance in this state, on behalf of the said Engfish company or association: Therefore,

1. Be it enacted by the People of the state of New-York, repreForeign in sented in Senate and Assembly, That it shall be unlawful for any person residing in any foreign country, or for any association or company of persons, residing in any foreign country, or for any incorporation established in any foreign country, or for any per- son whomsoever, on behalf of any such person, association, company or corporation, directly or indirectly, to make any contract of insurance, or by way of insurance, against loss or injury by fire, upon any house, building or goods, situated or being in this.

Penalty for violating this

act.

state.

11. And be it further enacted, That if any person or persons shall, after the first day of May next, make or shall attempt to make, any contract of insurance, or by way of insurance, upon any house, building or goods, situated or being in this state, against the intention of this act, every such person shall forfeit and pay one thousand dollars for every offence, to any person who shall sue for the same, to his own use.

[Note-As during a state of war, foreigners, especially alien enemies, could not be coerced by any of our courts of justice to the performance of their contracts, this act, for this among other reasons, was adopted by the legislature. It is proper to mention that chancellor Kent dissented to its passage in the council of revision.]

CHAP. L.

An ACT to Incorporate the Globe Insurance Company.

Passed March 18, 1814.

WHEREAS John Hone, Gurdon S. Mumford, William Irving, Samuel M'Coun and others, associated as a company under the name of "The Globe Insurance Company," for the purpose of carrying on the business of insuring against loss by fire, against loss upon the inland transportation of goods and merchandize, and on lives, have by their petition prayed to be incorporated: Therefore,

I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the said John Hone, Gurdon S. Mumford, William Irving and Samuel M'Coun and their associates, and all such other persons as shall hereafter become stockholders in the said company, shall be and hereby are constituted and declar ed to be a body corporate and politic, in fact and in name, by the name of the "Globe Insurance Company," and by that name