district. thereafter; in the county of Onondaga on the eighth day thereafter; in the county of Herkermer on the tenth day thereafter; and in the county of Montgomery on the tenth day thereafter in every year; but if such day shall happen to be Sunday, then and in every such case. the court shall commence the next day. And that the circuit courts Eastern in the several counties of the eastern district shall yearly commence on the days following, that is to say; in the county of Saratoga, on the third Tuesday in May; in the county of Clinton, on the first Monday in June; in the county of Washington, on the third Monday in June; in the county of Rensselaer, on the fourth Monday in June; and in the city and county of Albany, on the first Monday in September in every year. And that the circuit courts in the several counties Middle dis- of the middle district shall yearly commence on the days following, that is to say, in the county of Orange, on the first Monday in June; in the county of Dutchess, on the second Monday in June; in the county of Ulster, on the third Monday in June; and in the county of Columbia, on the fourth Monday in June in every year. And that trict. district. Designa tion of judges. Southern the circuit courts in the several counties of the southern district shall commence on the several days following, that is to say, in Kings county on the last Tuesday in August; in Queens county on the first Tuesday in September; in Suffolk county, on the second Tuesday in September, in Westchester county on the second Tuesday in October; in Richmond county, on the second Tuesday in November; and in the city and county of New York, on the third Tuesday in November in every year. And that in every year one of the judges of the said supreme court to be designated for the purpose in the manner hereinafter directed shall hold the said circuit courts in the several counties in the western district; and another of them to be designated for the purpose as aforesaid shall hold the said circuit courts in the several counties in the eastern district; and another of them to be designated for the purpose as aforesaid, shall hold the said circuit courts in the several counties in the middle district; and another of them to be designated for the purpose as aforesaid, shall hold the said circuit courts in the several counties in the southern district. And that the judges of the said supreme court or such of them as shall then attend, shall on the first Friday of the term of April in every year, determine and designate which of the judges shall hold the circuit courts in each of the great districts in that year, and cause an entry thereof to be made in the minutes of the said supreme court; and it shall be the duty of each of the judges so designated and appointed for that purpose, to hold the said circuit courts in the several counties of the district for which they shall be so respectively appointed; and in case any judge whose duty it shall be to hold any of the said circuit courts in any year shall by sickness or otherwise be unable to hold the same, he shall give notice thereof to the judge not appointed to hold any of the said circuit courts in that year, and it shall then be the duty of such judge to whom such notice is given, to hold such of the said circuit courts in that year, as the judge so unable to attend ought otherwise to hold; and in case of the death of either of the judges whose duty it shall be to hold any of the said circuit courts in any year, then it shall be the duty of the judge not appointed to hold any of the said circuit courts in that year to hold such circuit courts instead of the judge so deceased. And any judge of the said supreme court, altho' not present at the commencement or opening of any such court may hold and continue such court in the absence of the judge who was present at the commencement or opening of the same court, and to do and execute every thing therein as fully in every respect as if he had been present at the commencement or opening of the same court, any law usage or custom to the contrary notwithstanding. CHAP. 14. AN ACT for altering the place of holding the courts of common pleas and general sessions of the peace of the county of Washington for the term of February. PASSED the 10th of February, 1797. holding Be it enacted by the People of the State of New York represented in Place of Senate and Assembly, That it shall and may be lawful for the judges court and justices of the court of common pleas and general sessions of the changed. peace of the county of Washington to be held on the second Tuesday of February next, on that day to adjourn the said court to meet again on the same day or on the next day, at the dwelling house of Mary Dean in the town of Kingsbury in the said county, and not at any other place, any law to the contrary thereof notwithstanding, and that the remainder of the said term, and all future courts to be held thereafter for the term of February in the said county shall be held at the place last aforesaid. terms, And be it further enacted, That the other terms of the said courts Other respectively, that is to say, the terms of May & November shall con- tere held. tinue to be holden at the town of Salem in the county of Washington aforesaid, at the court house in the said county. CHAP. 15. AN ACT for keeping in repair certain private roads in Orange PASSED the 10th of February, 1797. town, repair of roads in. Be it enacted by the People of the State of New York represented in Orange Senate and Assembly That the commissioners of the highway in Orange Orange Town, in Orange county for the time being, or a majority of county, them are hereby authorized and required to cause the road on the certain south side of the Slote creek, and the road leading from the highway by the house of John Sneed on the salt meadow in said town and the bridges across the small creeks and such fences and swinging gates thereon as they or a majority of them may deem necessary to be erected and kept in repair for ever hereafter, at the expence of the proprietors of that part of the salt meadow which lies on the southerly side of the said creek according to the value of their respective lots or shares therein by a tax to be levied assessed collected and paid, in the same manner as is directed by the act for defraying the public and necessary charge in the respective counties of this State. Provided always that the said commissioners shall have their account audited and allowed by the supervisors of the said county at their annual meeting. Credit to be given to And Whereas several of the proprietors of the said salt meadow have voluntarily paid to the commissioners the sum of five shillings per acre to purchase a free passage into the said meadow. Therefore Be it further enacted That the said commissioners who received the certain tax same shall on or before the first day of May next deliver to the supervisor for the time being a list containing the names of every person who hath paid the said sum of five shillings per acre for the purchase of a free passage into the said salt meadow and for repairing the said road, and it is hereby made the duty of the supervisor in making out the tax lists to deduct the money so advanced by him, her, or them, out of the first tax raised by virtue of this act. payers. Commis the health office of the city of CHAP. 16. AN ACT to amend the act entitled An act to prevent the bringing in & spreading of infectious diseases in this State. PASSED the 10th of February, 1797. Be it enacted by the People of the State of New York represented in sioners of Senate and Assembly, That there shall be three persons appointed commissioners of the health office of the city of New York, who shall New York, assemble from time to time as occasion may require, at the health office, for the dispatch of the business to them entrusted; and that the said commissioners together with the health officer for the time being for the said city, and who by virtue of his office shall always be a member of the said office, or a majority of them, shall be and hereby are invested with all and singular the powers granted to the commissioners of the health office for the said city in and by the said act entitled "An act to prevent the bringing in and spreading of infectious diseases in this State," and that from and after the appointment of the said three commissioners, all the powers vested in the present commissioners of the said health office shall cease. Cleaning ing of And be it further enacted, That it shall be lawful for the said comand scour missioners and health officer, or a majority of them, from time to time streets, etc..as they shall judge adviseable, to make and execute rules and orders for cleaning and scouring the streets, allys, passages, curtilages, sewers, yards, cellars, vaults, sinks and other places within the said city, & for removing all offensive or putrid articles or substances which may be stored or otherwise collected within the said city. And all necessary expences in carrying the said rules and orders into effect, shall be deemed as part of the contingent expences of the said city, and shall be raised by the mayor, aldermen and commonalty of the said city as the other contingent expences of the said city are raised. Provided nevertheless that all such rules or orders shall be reported to, and may be suspended or repealed at any time by the person administring the government of this State. Coasting vessels, quaran tine of. And be it further enacted, That all coasting vessels coming from any place south of Cape May, although not subject to quarantine of course, shall be liable to examination, if the health officer shall deem it expedient, by some fit person, to be by him deputed, who shall have such reasonable compensation for his services and paid by the commissioners, as they shall deem right. And that quarantine shall in all cases continue as many days as the commissioners shall deem necessary. And that no vessel hereafter arriving in the port of New York otherwise and subject to quarantine, of course shall be exempted from such quarantine by reason of having previously touched or entered at any port within the United States, unless such vessel shall have remained. in such port for the space of ten days. rules by pilots. And be it further enacted That upon complaint being made in writ- Breach of ing by the health officer, or either of the said commissioners, to the wardens of the port of New York, charging any of the pilots of the said port, with a breach of any of the rules or regulations prescribed by, or in pursuance of this act, or of the act entitled "An act to prevent the introduction and spreading of infectious diseases in this State," it shall be the duty of the said wardens forthwith to suspend such pilot or pilots from piloting any vessel, until he shall have entered into a recognizance in the sum of two hundred dollars with sufficient security before a magistrate to appear and answer to the offence, at the then next court of general sessions of the peace to be held in and for the city and county of New York. cupations! certain And be it further enacted That from and after the first day of July Certain ocnext, no person shall dress sheep or lamb skins, or manufacture glue, prohibited nor shall any soap boiler or tallow chandler, or starch maker, or maker within or dresser of vellum carry on any of their processes or operations of limits. their said trades which produce impure air, or offensive smells, such as trying or melting of fat or tallow, boiling soap, fermenting grain or other substances for starch, washing, fermenting or oiling skins for vellum at any place within the city of New York, south of the south side of Grant street, and of the south side of the said street, continued until it intersects the easterly side of Mulberry street, and south of the west line from the intersection aforesaid continued to Hudsons river, under the penalty of one hundred dollars for each offence to be recovered in an action of debt with costs of suit, by any person shall sue for the same in the court of common pleas called the mayors court of the said city; one half whereof shall be to the use of the plaintiff, and the other half shall be brought into court and by the order thereof paid to the treasurer or chamberlain of the said city, to be disposed of to the use of the poor thereof in such manner as the mayor, aldermen and commonalty of the said city shall from time to time direct. who of factor limits; re And be it further enacted, That it shall be lawful for the mayor, alder- Removal men and commonalty of the said city of New York to treat and agree ies in prowith such of the owners or proprietors of the manufactories, trades hibited or business prohibited as aforesaid for the taking down, removal and re- damages placing the vessels and fixtures used in such manufactories and trades, forval in such part of the said city in which such manufacturers and trades may by this act be established and prosecuted; and in case no agreement can be made with the owners or proprietors of any such manufactories or persons prosecuting such trades as aforesaid, then in such case it shall and may be lawful to and for the said mayor and recorder, and any two or more of the said aldermen, by virtue of this act, by a precept under their hands and seals to command the sheriff of the said city & county of New York to impannell and return a jury of twelve freeholders to appear before the mayors court of the said city at any term not less than three weeks from the date of such precept, to inquire into and ascertain the reasonable compensation which should be made to such owners or proprietors for such taking down, removal and replacing as aforesaid; which said jury being first duly sworn faithfully and impartially to enquire into and ascertain such compen sation shall proceed to ascertain the same; and the sum found by their verdict shall be paid by the said mayor, aldermen and commonalty of the said city of New York, to the said owners or proprietors, and shall be deemed as part of the contingent expenses of the said city, to be raised, levied, and collected as the other contingent expences of the said city are levied, collected and paid: Provided always that after such decision by the jury, it shall be optional with the said mayor aldermen and commonalty, either to pay the amount of the compensation found by the jury, or within one month thereafter, at their proper expence to take down remove and replace such vessels and fixtures in such place as the owners and proprietors thereof shall direct, and in such part of the said city as by this act such manufactories or trades as aforesaid may be established. Preamble. Act recited extended to Montgomery county. CHAP. 17. AN ACT to amend an act relative to certain confiscated lands in the counties of Saratoga and Montgomery. PASSED the 11th of February, 1797. Whereas by an act of the legislature of this State passed the 6th day of April 1796 entitled "An act relative to certain confiscated lands in the county of Saratoga and Montgomery" the surveyor general of this State was authorized to sell and quit claim, on the part of the people of this State, certain undivided lots of land, which became the property of this State, by the attainder of Isaac Low, lying in the patent of Kayaderosseras, to the possessors of the said lots. And Whereas the enacting clauses of the said act, do not expressly include any lands lying in the county of Montgomery, although the said act was intended to include all the undivided parts of the said lots of land so forfeited, lying as well in the county of Montgomery, as in the county of Saratoga. Therefore Be it enacted by the People of the State of New York represented in Senate and Assembly, That the aforesaid act shall be holden to extend to all the said undivided lands lying in the county of Montgomery, forfeited by the attainder aforesaid, as well and in the same manner, as to the aforesaid lands lying in the county of Saratoga; and that the surveyor general shall have like authority to dispose of the same; and everything in the said act contained, shall be holden to extend as well to such of the aforesaid lands lying in the county of Montgomery as to those lying in the county of Saratoga. Acknowl CHAP. 18. AN ACT relative to the acknowledgment of deeds. PASSED the 11th of February, 1797. Be it enacted by the People of the State of New York represented in edgment Senate and Assembly, That no judge or master in chancery, or other ances; per- officer authorized to take the acknowledgment or proof of deed con of convey |