General, to commence and profecute all fuch fuits; but no fuit fhall be commenced for any debt due to this State until fix months after the fame hall have become due and payable. Comptroller to at And be it further enaded, That it shall be the duty of the tend the legislature Comptoller to attend the Legislature during their feffions, during their feffions. and all petitions and applications to the Legislature for pecuniary compenfation, when referred to the Comptroller to make order, Thall be by concurrent refolution, and when referred to him to report thereon, fhall be by order of the house in which fuch petition fhall be preferred. money fufficient, the ruw. And be it further enacted, That if at any time in any year there fhall be legal demands on this State, and by law directed to be When there is not paid, and not fufficient money in the treasury to fatisfy Comptroller may bor- the fame, then and in every fuch case it fhall be lawful for the Comptroller, in the name and on behalf of the People of this State, to borrow a fum fufficient for that purpose of the Bank of New-York or Bank of Albany, at the ufual difcount, and to draw a warrant for the fame, in favor of the Treafurer, and charge him with the amount thereof; but fhall take care to draw a warrant on the Treasurer for the repayment thereof, as foon as there fhall be money fufficient for that purpofe in the treasury. And be it further enacted, That the Comptroller fhall be allowed as a Comptroler's falary compenfation for his fervices and expences, including 3000 dollars per ann. clerk hire, office hire and ftationary, a falary of three thousand dollars a year, payable quarter yearly, and it shall be lawful for him to draw warrants on the Treafurer for the payment thereof, as the fame fhall become due. And be it further enacted, That this act fhall take effect as to appoint. ment of the Comptroller from the paffing thereof, but fhall not take effect as to the duties to be performed by him, or as to his falary, until the first day of May next. And be it further enacted, That this act fhall be and continue in force three years from the paffing thereof, and no longer. W CHAP. XXII. An ACT for the appointment of Commiffioners to fettle fuch part of the Line of Divifion between the Towns of Oysterbay and Huntington, as is therein meationed. Paffed 17th February, 1797. HEREAS a controverfy has for a long time exifted between the towns of Oysterbay and Huntington, refpecting a part of the divifion line between the faid towns; and whereas the faid towns have by perfons duly authorifed and appointed for that purpose, united in an application to the legiflature for an act appointing commiffioners to fettle the faid controverfy: Therefore, BE it enced by the People of the State of New-York, represented in Senate and Affembly, That Richard Hatfield, Ebenezer Purdy and Elias Newman, Efquires, be, and they are hereby conftituted and appointed, Commiffioners to hear and determine the controverfy fubfifting between the towns of Oysterbay and Huntington, relative to the Western boundary line of the town of Huntington, from the meadow adjoining the South Bay to the Atlantic Ocean, and finally to afcertain, fix and determine the fame. The towns to furnish And be it further enacted, That each of the towns aforefaid, shall furnish fuch number of affiftants, as chain-bearers, flag-carriers, cominilioners with and for other fervices incident to the execution of this chain bearers, &c. y act, as the commiffioners fhall deem requifite, who shall attend upon the faid commiffioners and perform the duties enjoined by them. and determine the Rantington And be it further enacted, That the commiffioners aforefaid fhall be and Commiffianers to run they are hereby authorized and empowered to run and weftern boundary of determine the Weftern boundary line of the town of Huntington, from the meadow adjoining the South Bay to the Atlantic Ocean, agreeable to the charters, or letters patent, by which the lands, meadow and marsh within the two towns, were granted to the original proprietors, or patentees, and according to fuch joft and equitable conftruction as the words of thofe inftruments, and the evidence of other antient and authentic records and documents relative to the premifes will authorize; which determination fhall be final and conclufive with respect to the jurisdiction of the faid towns. perform their truft. And be it further enacted, That each of the faid commiffioners before he Commiffioners to take enters upon the execution of the duties enjoined by this an oath faithfully to act, fhall take an oath before one of the juftices of the fupreme court of this ftate, or before one of the judges of the court of common pleas of any county of this ftate, faithfully and impartially to the best of his skill and judgment, to perform the truft hereby repofed in him. Commiffioners em. witnelles and examine And be it further enaled, That the faid commiffioners, or any two of them, fhall be, and they hereby are empowered to fummon any powered to fummon perfon or perfons to appear before them, when and as them under oath. often as they fhall think proper, to be examined concerning the faid matters in controverfy, and to bring with them all fuch books, papers and other written evidence as the faid commiffioners, or any two of them shall think neceffary. And it fhall and may be lawful for the faid commiffioners, or any one of them, to adminifter an oath or affirmation to the witneffes to be examined before them, to declare the truth touching the matters in queftion; and if any perfon or perfons being fummoned by writing fubfcribed by any two or more of the faid commiffioners, and duly ferved upon fuch perfon or perfons, at least three days before the time required by fuch fummons, for his, her or their attendance, and fhall refufe or neglect to give fuch attendance, or to be examined on oath or affirmation, or to bring or produce fuch written evidence as shall be required by the faid commiffioners, or any two of them, every fuch perfon fo refufing or neglecting, not having a lawful and reafonable let or impediment to the contrary, and having been paid or tendered according to his or her degree or calling, fuch reafonable fums of money for his or her cofts and charges, as, having regard to the distance of the place, is neceffary to be allowed in that behalf, fhall forfeit for every fuch refufal or neglect the fum of fifty dollars, to be recovered with costs of fuit in any court of record having cognizance thereof, by action of debt, to be brought in the name of the perfon or perfons at whofe request fuch witnefs was fummoned. Determination of comTM And be it further enacted, That the determination of the faid commif fioners, or any two of them as aforefaid, being duly acmiflioners to be proved knowledged or proved before a judge of the fupreme fecretary's office. court of this fate, or a master in chancery, in the fame and recorded in the manner as deeds and other writings are proved and acknowledged, fhall be entered of record in the office of the fecretary of this state, and the fame, or a record thereof, or an exemplification of fuch record, fhall be good evidence of fuch determination in all courts both of law and equity. And be it further enacted, That the determination aforefaid fhall be made within one year after the paffing of this act. And be it further enacted, That all the expenfes, cofts and charges which fhall arife or accrue in running and determining the boundary line aforefaid, or on account of any thing respecting the execution of the truft herein before specified, fhall be audited and allowed by the commissioners, and fhall be equally paid and borne by the faid parties, that is to fay, one half by the town of Oysterbay, and the other half by the town of Huntington.. W An ACT to render the Funds of this State more productive of Revenue. Paffed 17th February, 17977HEREAS certain monies belonging to this ftate in the funds of the United States are made payable by installments in small fums: And Whereas this ftate will be liable to much lofs and embarrassment from annual provifions for reloaning the faid inftallments: And Whereas œconomy requires that the public monies fhould be placed in the moft productive fituation: Therefore, Treasurer to transfer cent and deferred flocks. At the price of its BE it enacted by the People of the State of New-York, reprefented in Senate and Affembly, That it fhall be lawful for the Treasurer of this ftate to fell and transfer to the Prefident and Directors and company to the bank of New of the Bank of New-York, and that it shall be lawful for York, all the fex Pred the faid corperation to buy all the Stock of the United States bearing a prefent intereft of fix per cent, ufually denominated Six per cent flock, and all the Steck to bear an intereft of Six per cent after the year one thoufand eight hundred, ufually denominated Deferred Stock, and held by him as Trustee for this State, on the following terms, that is to fay: That the price of the faid ftocks fhall be the nominal value thereof; that the purchafe money fhall be payable on the fecond Tuesday of May, which will be in the year one thousand nominal value, pay eight hundred and nine; that the purchafe money for able at acertami time. the fix per cent flock fhall bear a prefent intereft at the rate of fix per cent per annum, payable half yearly; and the purchase money for the deferred stock shall bear in a like intereft after the year one thousand eight hundred: That the faid corporation may fell the faid ftocks again in like manner as their other eftate or profell faid feck.as they perty; that on the purchase of the faid ftocks the total perty, and may extend amount of the debts which the faid corporation may at their credit upon it any time owe may exceed the amount to which they are at prefent reftricted, in the proportion which the aggregate fum of the nominal value of the faid ftocks, added to a million of dollars, fhall exceed the faid fum of one million of dollars: That as often as payments fhall be made by the United States on account of the principal of the fix per cent ftock, the faid corporation may from time to time buy flocks of the United States, to the nominal amount of the faid Bank author fed to can other at them pro in a certain prepor tion. whewoccafion may "e quite it. T payments, any thing in the act incorporating the stockholders of the faid bank, to the contrary thereof notwithstanding. And that whenever during the period aforefaid the legiflature shall deem the occafion to require it, the faid corporation fhall make loans to the ftate, to bear a like inter.. And to make loans cft and otherwife on fuch terms as fhail be reasonable, to the ftate of money and to fuch amount as the exigencies and circumstances of the faid bank fhall on each refpe&tive occafion, in the judgment of the directors thereof for the time being, permit. And be it further enacted, and it is hereby Provided, That no obligation or covenant concerning the premises fhall be passed or executed between the treafurer and the faid corporation until the fame shall have been approved by the perfon adminiftering the government of this ftate for the time being, or by the Attorney General thereof, together with one or more of fuch counfel learned in the law as the perfon adminiftering the government of this ftate fhall for that purpofe appoint, No covenant to be made with the bank with out the approba tion of the governor, &c. officio. Treafurer to be one And be it further enafed, That if the faid fale and tranfof the Directors ex fer to the faid corporation fhall be made, then and in fuch cafe the treasurer of this ftate for the time being shall ex officio be one of the directors of the faid corporation, in addition to the. number of directors already prescribed by law, and that this provifion fhall continue until this purchafe money aforefaid fhall have been paid to the ftate. Provided bowever, That if the office of comptroller fhould hereafter be established, then the treasurer fhall cease to be by this act a director, and the comptroller for the time being fhall ex officio-be one of the faid directors. Provife. If a comp troller fhall be ap pointed, he to be a director inftead of the treasurer, Sail diretot to foreifh the governor, whenever he may require it, bank. And be it further enacted, That it fhall be the duty of the director by this act appointed on the part of this state, a true ftate of the to furnish to the perfon adminiftering the government of this ftate as often as may require, a flatement of the amount of the capital ftock of the faid corporation, and of the debts due to the fame, of the monies depofited therein, of the notes in circulation, - and of the cash on hand, any bye-laws, ordinance or regulations of the faid corporation to the contrary thereof notwithstanding. Banks of New-York and Albany to be the places for the depi fung public monies. And be it further enacted, That the banks of New-York and Albany fhall be the places of depofit for all or fuch part of the public monies at any time in the treafury of this ftate, as the treafurer fhall deem advifeable to depofitin bank for fafety or convenience. And be it further enaded, That the acceptance of the aforefaid transfer by the faid prefident, directors and company of the The acceptance by the bank, of transfer of bank of New-York, fhall be deemed and taken to be a the fork deemed an full and complete acquiefcence in and confent on their part to all and every the provifions contained in this acquieleence in this act, a&t. CHAP. XXIV. An ACT to authorize the Comptroller of this State to fubfcribe to the Bank W of Albany. Paffed 24th February, 1797. HEREAS by the act entitled "An act to incorporate the ftockholders of the Bank of Albany," it is enacted, that this ftate fhall have a right to fubfcribe any number of fhares to the faid bank, not exceeding in the whole the number of fifty at any time when they shall by law authorize any perfon or perfons for that purpofe; and the ftate fhall have a right to increase the number of shares and ftock which the faid corporation may hold to the amount of the number of fhares fo to be fubfcribed, if the number of fhares therein limited fhall be subscribed before fuch fubfcription fhall take place on the part of the ftate. And Whereas the number of fhares limited to the faid corporation have been already fubfcribed, and it is conceived proper that this state should subfcribe fifty fhares to the faid bank: Therefore, BE it enalled by the People of the State of New-York, reprefented in Senate and Affembly, That it fhall and may be lawful for the comptroller of this ftate, and he is hereby authorized and directed, as foon as conveniently may be, to fubfcribe for and on behalf of the people of this ftate, fifty fhares to the faid bank, and to draw a warrant on the treasurer to pay for the fame, out of the monies lately received by him on account of principal ftock of the United States, which then food in his name, and the treasurer is hereby directed to receive the certificates to be given for the faid fhares, and keep them in the treasury, subject to the direction of the legislature. Comptroller to vote warrants in favour of And be it further enacted, That it fhall and may be lawful for the comptroller of this state for the time being from time to time for directors of faid to vote for directors of the faid bank, for and in refpect bank, and to draw to the faid fifty fhares, for and in behalf of this ftate, the treasurer for all and from time to time to draw warrants in favour of the dividends. treafurer for the dividends and profits of the faid fhares, who fhall receive and keep the fame in the treafury of this ftate, until difpofed of by law. And be it further enacted, That the shares in the faid bank fhall be and Shares in faid bank hereby are increafed from fix hundred, being the number increated to 650. limited by faid act, to fix hundred and fifty fhares, and that the stock of the faid bank fhall be and hereby is increafed twenty thousand dollars, being the fum to be paid for the faid fifty fhares to be fubfcribed for this ftate as aforefaid. CHA P. XXV. An ACT to confirm the Proceedings of the laft Courts of Common Pleas and General Seffions of the Peace, held in the County of Onondaga. Paffed the 24th February, 1797THEREAS by an act paffed at the prefent feffions of the legislature, WHEREAS by courts common it is enacted that the courts of common pleas and general feffions of the peace next thereafter to be holden in the county of Onondaga fhould be holden on the last Tuesday of January in the prefent year. And whereas the faid courts were not holden on the laft Tuesday of january, but on the fourth Tuesday of that month: Therefore, BE it enacted by the People of the State of New-York, reprefented in Senate and Affembly, That all proceedings in the faid court of common pleas and general fefions of the peace, held on the fourth Tuesday of January laft, fhall, to all intents and purposes, be as valid as if the fame had been held on the last Tuesday of January laft, in conformity to the faid aft |