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| CHAP 331. AN ACT for the relief of certain Justices of the Peace, and

other Persons.

Passed April 17, 1827. WHEREAS certain justices of the peace have, after their appointment, removed from the towns for which they were appointed, and continued to exercise their offices in other towns in the same county, under the supposition they had right so to do: And whereas doubts have arisen as to the legality of their acts, under such circumstances : Therefore,

BE it enacted by the People of the State of New York, represented in Senate and Assembly, That no action shall hereafter be commenced against any justice of the peace, or officer acting under his authority, or any party to à suit before such justice, for or by reason that the said justice had exercised his office as a justice in a different town from the one for which such justice was appointed : ' Provided, That nothing in this act contained shall be so construed as to affect any suit already commenced for such cause.

relative to

tures by W. L. Pierce.

CHAP. 33.
AN ACT relative to the Expenditure of Moneys on the Canals,

Passed April 17, 1827. 1. BE it enacted by the People of the State of New York, repre- Duty of the sented in Senate and Assembly, That the comptroller be, and he comptroller is hereby directed to examine into the facts and circumstances, rela- the expendi. tive to the disbursement of the moneys paid, in the year one thou- tur sand eight hundred and twenty-five, and one thousand eight hundred and twenty-six, to William L. Pierce, a súperintendent on the canal, and to enable him fully to investigate these facts and circumstances, it shall be his duty to examine such persons under oath, as he may adjudge necessary to be examined, in order to ascertain the facts and circumstances relative to the expenditure of the said moneys, or as the said William L. Pierce, or anyother person who may feel himself implicated in the improper expenditure of the said monies, shall request him to examine; and the said comptroller shall report to the legislature the result of the exmination made by him ; and if in his opinion, there has been any profusion or fraud, in the expending the said monies, he shall specify in his said report, the evidence by which this profusion or fraud, is in his opinion established.

2. And be it further enacted, That the comptroller be, and To adminishe is hereby authorised and impowered to administer an oath to the tec an oath. witnesses that shall be examined by him; and wilfully false swearing by any of the said witnesses on the examination hereby authorised, is declared perjury.

Any justice to issue subpocoas.

3. And be it further enacted, That any justice of the peace within this state is hereby authorised and impowered to issue subpoenas for witnesses, to attend before the said comptroller, in the investigation authorised by this act, in the same manner that justices of the peace are authorised to issue subpoenas to witnesses to attend upon arbitrations, which subpoenas shall be served in the same manner, and be of the like force and effect, and subject the witnesses disobeying any such subpoena to the same penalties, and liabilities as are now provided by law in cases where witnesses refuse, or neglect to attend before arbitrators, pursuant to subpoenas issued for that purpose by any justice of the peace.

CHAP. 333. AN ACT for the relief of David Berner, and the heirs and Devisees of William Borst, deceased.

Passed April 17, 1827. The comp 1. BE it enacted by the People of the State of New York, retroller to set, presented in Senate and Assembly, That the comptroller of the on judgment. state be, and he is hereby authorised and directed to settle the bal

ance due to the people, on a certain judgment rendered in the supreme court, on the thirty-first August, eighteen hundred and sixteen, against Hermanus Bouck, Jeremiah Brown, David Swart, Gideon Wilbur, David Berner and William Borst, with David Berner, and the heirs and devisees of the said William Borst, now deceased, according to the principles of equity and justice of the case.

2. And be it further enacted, That the said comptroller is with D. Ber

Ber hereby further authorised and directed to make such settlement

severally or jointly, with said David Berner, and the heirs and devisees of the said William Borst, deceased, and to take such security or securities, as shall be deemed satisfactory to him, and that the attorney-general, on receiving a certificate that such security

or securities have been given, shall release and discharge them, Droviso. or either of them, from the operation of the said judgment: Pro

uided nevertheless, That such release and discharge shall not defeat the judgment as a valid lien upon the real estate of those who shall not comply with the provisions of this act: Provided also, That no such release shall be executed (until the whole amount of the said judgment shall be paid or secured to the satisfaction of the comptroller,

To settle

ner, &c,

CHAP. 334. AN ACT to amend the Act, entitled " An Act relative to the Canals" passed April 18, 1826.

Passed April 17, 1827. : 1. BE it enacted by the People of the State of New York, re- Provisions of presented in Senate and Assembly, That so much of the provis- aet of 1826 ions of the thirty-third section of the act entitled "an act rela

extended, tive to the canals," passed April 18, 1826, as authorises the canal board to make allowances to contractors, over and above the con- , tract price, be and the same is hereby extended to all contracts made in the year one thousand eight hundred and twenty-five, under the laws which authorises the construction of a canal between Fort Edward and the Saratoga Falls, and the improvements on the Oswego river : Provided, That no such allowances shall be made under the aforesaid thirty-third section of this act, except when the extra expenses incurred in constructing the work, were occasioned by directions given by a canal commissioner or engineer after the making of the contract; or were in consequence of the work proving to be of different a character or description than it was contemplated to be by the commissioner or engineer, at the time of the making of the contract : And provided further, That no such allowance shall be made unless as between individual and individual, the same would be recoverable in a court of equity.

2. And be it further enacted, That in any case of a prosecution Relative under the twenty-ninth section of the act entitled “an act to amend the detention

of boats. the act for the maintenance and protection of the Erie and Cham- of plain canals, and the worksconnected the rewith," passed April 30th, 1820, and for other purposes, no precept shall be issued to detain the boat as provided for in said section, until the person complaining, together with one or more sureties, to be approved of by the persons issuing such precept, shall give a bond in the penal sum of one hundred dollars to the defendant or defendants in such suit, conditioned that such suit shall be prosecuted with all convenient speed to judgment, and that if judgment be rendered for the defendant or defendants therein, then to pay to the defendant or defendants the costs and charges to be adjudged against the plaintiff, and also all damages which may insue from the detention of such boat and the cargo thereof, and the crew navigating the same: Provided, That nothing in this section contained shall extend to any suit prosecuted by or under the direction of any canal commissioner, collector of tolls, or other officer or agent of this state.

CHAP. 335.

nals.

arts and

AN ACT for the Payment of certain Officers of Government, and other persons therein named, and for other purposes.

Passed April 17, 1827. Chaplains. 1. BE it enacted by the People of the State of New York, re

presented in Senate and Assembly, That there be paid to the chaplains of the senate and assembly, three dollars for each days attend. ,ance in both houses, to be certified by the president of the senate and speaker of the assembly, to be equally divided among all the chap

lains appointed. I nder to jour 2. And be it further enacted, That the treasurer pay, on the

warrant of the comptroller, to the clerks of the senate and assembly, each the sum of fifty dollars for making an index to the journals of the senate and assembly, of this session of the legislature, when such

index shall be approved of by the secretary of state. Sergeants-at 3. And be it further enacted, That there shall be allowed and door keepers paid to each of the sergeant at arms, door-keepers and assistant

door-keepers of the senate and assembly, by the treasurer, on the warrant of the comptroller, three dollars per day for each days at.' tendance by them respectively, during the sitting of the senate and assembly, or of the court for the trial of impeachinents and the core

rection of errors. Iucidental 4. And be it further enacted, That the treasurer shall pay, on expences of the governor. the warrant of the comptroller, to the person administering the go.

vernment of this state, to defray the incidental expences of administering the same, a sum not exceeding seven hundred and fifty dollars : Provided, he shall account with the comptroller for the ex

penditure thereof. Door keeper 5. And be it further enacted, That the door-keeper of the execu

tive chainber be allowed the same daily compensation as by this act is allowed to the respective door keepers of the senate and assembly, for every day, he shall have attended as such door-keeper, certified by the governor, and paid by the treasurer on the warrant of the

comptroller. Messengers 6. And be it further enacted, That the treasurer, on the war

frant of the compiroller, pay to Richard Ten Broeck, the sum of one

dollar and fifty cents per day, for each day his son Richard Ten Broeck, junior, has attended as a messenger for the house of assembly during the present session of the legislature, to be certified by the speaker : And further. That the like sum be paid to Garret w. Van Wie, for the attendance of his son Gerrit Staats Van Wie, to be certified in like manner : And further, That the like sum be paid to Henry Weaver, for the attendance of Isaiah L. Weaver, as a messenger for the senate during the present session of the legislature, to be certified by the president of the senate : And further, That the like sum be paid to Gideon Harris, for the attendance of Arnold Harris, to be certified in like manner by the speaker of the assembly : And further, That the sum of seventy-five cents per day be paid to Homer R. Phelps, for the attendance of Justus Phelps, for each day, to be certified in like manner.

of executive chamber.

of the senate and assembly

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7. And be it further enacted, That the treasurer, on the war- Rent and tax rant of the comptroller, pay from time to time, as the same shall be- es of the go

vernor's come due, the rent and taxes of the house occupied as a residence in house. the city of Albany by the governor of this state,

8. And be it further enacted, That the treasurer shall pay, on Clerk of the the warrant of the comptroller, to the clerk of the senate, the sum of senate $200. three hundred dollars, for extra clerk hire and engrossing the journals of the executive proceedings, and the same som to the clerk of assembly for extra clerk hire and engrossing..

9. And be it further enacted, That the treasurer shail pay, on Deputy cik's the warrant of the comptroller, to two deputy clerks of the senate, of the senate the sum of fifty dollars each, and to each of the deputy clerks of the assembly, the sum of fifty dollars, for extra writing and services rendered the committees.

10. And be it further enacted, That the treasurer pay, on the Solomon warrant of the comptroller, to Solomon Hayes, two dollars for each Hages. day he has attended the house of assembly the present session of the legislature, to be certified by the speaker of the assembly.

11. And be it further enacted, That the treasurer shall pay, on Superintend. the warrant of the comptroller, the contingent expences of the su-Choco

ent of com, perintendent of common schools, in executing the duties imposed on him by the act to provide for the building an asylum for the deaf and dumb in the city of New York, to be certified by the comptroller.

12. And be it further enacted, That the treasurer shall pay, on Witnesses. the warrant of the comptroller, the witnesses subpæned, and who attended in behalf of the state, the investigation of the Dutchess and Orange steam-boat company, agreeable to the resolution of the honorable assembly, passed February 2d, 1826, such sum to each as the comptroller shall deem just and reasonable, conforming as near as may be to allowances for similar services.

13. And be it further enacted, That the treasurer pay, on the Chester Gris warrant of the comptroller, to Chester Griswold, the sum of twelve wold. dollars, as a compensation for four days services as sergeant-at-arms of the house of assembly, rendered immediately preceding the commencement of the present session.' • 14. And be it further enacted, That the treasurer pay, on the Treasurer's warrant of the comptroller, the expences attending the furnishing the office. treasurer's office a new sett of books, desk, counter book, case, and extra clerk hire, in transcribing the accounts of the old books inte the new ones, to be certified by the comptroller, and to Abraham Oakey, A. Oakey, clerk in the treasurer's office, the sum of two hundred dollars, in ad- .. dition to the compensation now allowed by law for his services in the said office for the current year.' · 15. And be it further enacted, That it shall be lawful for the Survey

rveyor comptroller to draw his warrant on the treasurer for the expense of general's stæ

tionary. necessary stationary, fire-wood, book-binding and printing, for the use of the surveyor-general's office: Provided, That an account of the items of expense be annexed to each warrant to be drawn.

16. And be it further enacted, That the treasurer pay, on the Repairs of warrant of the comptroller, the sum of two hundred and fifty dol- capitol. lars to the mayor of the city of Albany, to be by him expended in making necessary repairs to the capitol.

17. And be it further enacted, That the treasurer pay to the Screw for: secretary of state, on the warrant of the comptroller, such sum as Secretary's

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