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being satisfied that the same are correct, they shall respectively make and publish a certificate declaring the four persons who received the greatest number of votes at such election, duly elected justices for such towns.

§ 3. Such persons, when notified by the clerk of their Classes. election as justices, shall immediately thereafter be divided by lot into four classes, according to law, and on taking the oath of office, shall be authorised to act as justices in the several towns for which they were elected.

§ 4. In case such persons elected justices shall have been duly divided into classes, and have taken and subscribed the oath of office required by law, then such persons shall be deemed and adjudged to be justices for their respective towns from and after the thirty-first day of December last.

§ 5. That the supervisor in the town of Verona, in Onei- Verona. da county, shall make a return to the clerk's office in said county, of the drawing for classes of the justices of the peace elected at the last election in said town; and that the said clerk enter or record the said classification in the book provided for that purpose, and that said justices of the peace elected in said town, shall be the justices of the peace for said town, each to hold the term which he has already drawn.

CHAP. 11.

AN ACT relative to the State Prison at Auburn.

Passed January 17, 1828.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. That the treasurer of this state, on the warrant of Appropriation of the comptroller, pay to the agent of the state prison at Au- o $4,000. burn, the sum of four thousand dollars, for the purpose of erecting and raising walls, and building workshops in said prison, and also, for keeping said prison, workshops and appurtenances in suitable condition and repair, for making such alterations therein as the inspectors and agent may deem necessary, and for defraying the expenses of discharged convicts; but no monies shall be drawn under this act, in sums over one thousand dollars, at any one time, nor shall the comptroller draw his warrant on the treasurer, for any subsequent sum, until all monies previously drawn, be regularly accounted for.

tion of con

Transporta- § 2. From and after the passing of this act the fees of victs. sheriffs, for transporting convicts to said prison, shall be paid by the treasurer of this state, on the warrant of the comptroller; but the time and distance of travel, with the number of convicts so transported in each case, shall be certified by the agent of said prison, or in case of his death, sickness or absence, by the deputy keeper or clerk.

СНАР. 12.

AN ACT to pardon David Linus.

Passed January 17, 1828.

WHEREAS by an act passed February 10th, 1818, entitled "An act to pardon David Linus, John Denny, Roswell T. Pratt, John Harris and James O. Brien," the said David Linus was pardoned of the murder whereof he had been convicted at a court of oyer and terminer, held in and for the county of Oneida, on condition that he should be imprisoned in the state prison at Auburn at hard labor for and during the term of fourteen years: And whereas, doubts exist whether in such a case the governor has power to pardon the said David Linus: Therefore,

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. That David Linus who was, in and by an act of the legislature, of the tenth February, one thousand eight hundred and eighteen, ordered to be imprisoned in the state prison at Auburn for fourteen years, be, and he is hereby pardoned and the keeper of the said prison is required to discharge the said David Linus from imprisonment.

СНАР. 13.

AN ACT to extend the act entitled "An act to incorporate the Mutual Benefit Society therein mentioned," passed February 19th, 1808.

Passed January 19, 1828.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The act, entitled "An act to incorporate the Mutual Benefit Society therein mentioned," passed the nineteenth day of February, 1808, be, and the same is hereby ex

tended, for the term of twenty-one years, from and after the first day of January, one thousand eight hundred and twenty-nine.

CHAP. 14.

AN ACT authorising the Board of Supervisors of Westchester county to raise, by tax, an additional sum of money to complete the poor-house in said county.

Passed January 21, 1828.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. It shall and may be lawful for the board of supervisors of Westchester county to raise, by tax on estates, real and personal, of the freeholders and inhabitants of the said county, a sum not exceeding seven hundred and thirtytwo dollars and thirty-one cents, in addition to the sums authorised to be raised in and by the first section of the act, entitled "An act to provide for the establishment of county poor-houses," pased 27th November, 1827, and also "An act authorising the board of supervisors of Westchester county to raise, by tax, an additional sum to build the poorhouse in said county," passed March 19th, 1827.

CHAP. 15.

AN ACT to amend an act, entitled "An act to pro-
vide for the erection of a new Court-House in the
County of Steuben," passed February 20, 1827.
Passed January 21, 1828.

The People of the State of New-York, represented in
Senate and Assembly, do enact as follows:

tax.

1. The supervisors of the county of Steuben are here- Money to be raised by by directed, required and empowered, at their annual meeting, in the year one thousand eight hundred and twenty-nine, to cause to be raised, levied and collected, in the same manner that the ordinary county charges are by law directed to be raised, levied and collected, the sum of eleven hundred dollars, in addition to the sum to be raised, levied and collected by the above referred to act, with the additional sum of five cents on each dollar, for the collector's fees,

and one cent on each dollar for the county treasurer's fees, for the purpose of completing and furnishing the courthouse in said county, which said moneys are to be expended under the superintendence of the commissioners appointed by the act hereby amended to superintend the building and furnishing of said court-house, subject to all rules and regulations imposed by said act.

Clerk's of- § 2. The said commissioners are hereby authorised to fice to be repair and paint, in a suitable manner, the present clerk's

repaired.

office of said county, provided there shall remain in their hands or unexpended of said moneys, after finishing and furnishing said court-house, a sum sufficient for that purpose.

nies.

CHAP. 16.

AN ACT for the relief of certain School Districts, in the Town of Rome, in the County of Oneida.

Passed January 21, 1828.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

School mo- § 1. It shall be the duty of the commissioners of common schools of the town of Rome, in the county of Oneida, to apportion and pay, out of the first school monies that District No. shall come into their hands, to the trustees of school district number four, formed from parts of the said town of Rome and' the towns of Western and Lee, in said county, and to the trustees of school district number thirteen, formed from parts of said towns of Rome and Lee, such sums as the said districts, respectively, would have been entitled to receive in the year eighteen hundred and twenty-seven, from the school commissioners of said town, had the annual reports from said districts been made in the time required by law.

16.

District No. § 2. It shall be the further duty of the said commissioners to apportion and pay to the trustees of school district number sixteen, in said town of Rome, out of the first school moneys that shall come into their hands, such sum as the said district would have been entitled to receive in the year eighteen hundred and twenty-six, had the annual report from said district been made in the time required by law.

CHAP. 17.

AN ACT to repeal an act, entitled "An act for the preservation of Trout in the Owasco Lake, in the County of Cayuga," passed March 26th, 1819.

Passed January 21, 1828.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. That the act, entitled "An act for the preservation of trout in the Owasco lake, in the county of Cayuga," passed March 26th, 1819, be and the same is hereby repealed.

CHAP. 18.

AN ACT relative to the Fees of the Sheriff of the County of Oneida.

Passed January 21, 1828.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. From and after the passing of this act, the sheriff of the county of Oneida, in the service of all process, shall compute travel fees from the court-house in Whitestown, in said county.

CHAP. 19.

AN ACT for the Relief of Dan Chapman.

Passed January 22, 1828.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. If Dan Chapman shall execute to the people of this state a bond, in the usual form, conditioned for the payment, on demand, and with interest from date, of the amount of a judgment rendered in favor of said people against him, in the supreme court of judicature of the same people, together with the interest of said judgment since the recovery thereof, and the sheriff's fees on a capias ad satisfaciendum issued on said judgment, and deliver such bond to the sheriff of the county of Herkimer, subject to the order of the attorney-general of this state, then the said sheriff shall discharge the said Dan Chapman from his imprisonment, by virtue of the said capias ad satisfaciendum.

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