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. CHAP. 18. AN ACT relative to the acknowledgment of deeds. PASSED the 11th of February, 1797. Acknowl- 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 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. 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 rules by 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, quibited 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 who 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. of factor limits; for 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 aird re- damages placing the vessels and fixtures used in such manufactories and trades, moval. 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. Acknowl 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. 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 known to vevances or other writings, relating to lands tenements and real son to be estates, shall after the first day of May next, take any acknowledg- officer. ment of any deed or conveyance of, or writing relating to any lands tenements or hereditaments situated in this State, unless he shall then know, or have satisfactory evidence, that the person making such acknowledgment, is the person described in, and who has executed such deed conveyance or writing, nor take any proof of any such deed convevance or writing from any person as a subscribing witness, unless he shall then know such person, or have satisfactory evidence that he is the subscribing witness; nor unless he shall have satisfactory evidence that such witness knew the person who executed such deed conveyance or writing; all of which shall be inserted in the certificate of such acknowledgment or proof, indorsed upon such deed or conveyance. And be it further enacted, That it shall not be lawful for the secre- Conveytary of this State, or any clerk of either of the cities or counties of to be rethis State to record or register any deed, conveyance or writing afore- corded unsaid thereafter to be acknowledged or proved unless the same shall be erly acacknowledged or proved in the manner by this act directed; which edged. acknowledgment or proof shall be recorded therewith. ances not less prop knowl be set certificate of ac edgment. And be it further enacted, That it shall be the duty of every judge What to or other, officer, who shall take the acknowledgment or proof of any forth in deed conveyance or other writing, any wise relating to any lands or tenements in this State, in the certificate of such acknowledgment or knowlproof, to set forth, what witnesses, if any, were examined before him, and the substance of the evidence by him or them given. And that every person who shall forge or counterfeit, or be aiding or assisting in forging or counterfeiting any such certificate or indorsement herein before mentioned to be made, and be thereof convicted according to the due course of law, shall be deemed guilty of felony, and be punished as in cases of felony. practice, And be it further enacted That if either of the said judges or other Fraudulent officers authorised to take the acknowledgment or proof of deeds, or penalty for clerks or any other person intrusted by him, shall be guilty of any neglect or misdemeaner, or fraudulent practice in the execution of this act, such judge officer & clerk shall respectively for each and every such neglect, misdemeanor or fraudulent practice in the execution of this act, be liable to pay treble damages with full costs of suit to every person injured thereby, to be recovered by action on the case, or by by action of debt, bill plaint or information, in any court of record iu this State. CHAP. 19. AN ACT for the relief of James Requa & Ezekiel Canfield. Requa, Be it enacted by the People of the State of New York represented in James Senate and Assembly, That the surveyor general be and he hereby is lands authorized and directed to deliver to James Requa of the town of granted to. Mount Pleasant in the county of West Chester, a deed executed to him by the late commissioners of forfeitures for the southern district, for one hundred and fifty acres of land in the said town of Mount Pleasant formerly the manor of Philips-burgh, upon his first paying into the treasury of this State, the sum of fifty pounds with interest VOL. 4.-3 Ezekiel Canfield, lands thereon at the rate of six per cent. per annum from the thirtieth day of August one thousand seven hundred and eighty eight; and executing and delivering to the treasurer of this State to and for the use of the people thereof, a bond conditioned for the payment of one hundred and fifty pounds with like interest thereon from the said thirtieth day of August one thousand seven hundred and eighty eight, by two equal installments in one & two years from its date, together with a mortgage duly acknowledged and recorded, on the land contained in the said deed, for securing the payment of the said bond, and producing to the surveyor general a certificate from the treasurer of his having done the same; and the said deed when delivered, shall thenceforth be deemed and taken to be valid and effectual in law. Be it further enacted, That the surveyor general of this State be granted to. and he is hereby authorized and required to convey lots number eleven, sixteen & seventeen in Mayfield in the county of Montgomery unto Ezekiel Canfield, and to his heirs and assigns for ever, upon his paying for the same the appraised value thereof, according to the appraisement made by Josiah Throop, Gershom Woodworth, aad WilÎiam Lard, with the interest thereof, at the rate of six per cent. from the 25th day of April 1794. Provided always that in the conveyance to be given by the surveyor general, the following words shall be inserted vizt: "These presents however are not to operate as a warranty." Preamble. for New York county. CHAP. 20. AN ACT concerning the recovery of debts and demands to the value of ten pounds in the city of New York. PASSED the 16th of February, 1797. WHEREAS the appointing assistant justices to hear try and determine causes in the city and county of New York by virtue of the act entitled "An act for the more speedy recovery of debts to the value of ten pounds," has not been attended with all the benefits thereby intended, and it is conceived that a better mode may be adopted in the city of New York for the recovery of debts and demands not exceeding ten pounds. Therefore Justices of Be it enacted, by the People of the State of New York represented in the peace Senate and Assembly, aad it is hereby enacted by the authority of the same, That it shall and may be lawful for the person administering the government of this State for the time being, by and with the advice and consent of the council of appointment from time to time to appoint and commission justices of the peace in and for the city of New York, with power to keep the peace in the said city, and to hear and determine all causes in the city and county of New York, made cognizable before justices of the peace by the said act entitled "An act for the more speedy recovery of debts to the value of ten pounds," and also to hear and determine all actions and informations upon any statute of this State and upon any bye-law of the said city, made or to be made where the penalty of forfeiture shall not exceed ten pounds, doing therein that which to justice doth or shall appertain. And the persons so appointed and commissioned as aforesaid as justices of the peace in and for the city of New York, or any two or more of them |