Preamble.

Lands to be granted to persons named.

Expense of

survey.

CHAP. 41.

AN ACT for the relief of Solomon Carver and others.
PASSED the 28th of February, 1789.

WHEREAS Samuel Waterhouse and others formerly purchased of John Lansing junior and Christopher Yates Esquires commissioners for procuring a sum in specie, a tract of land containing three thousand five hundred and thirty two acres, parcel of a tract of land situated in the county of Washington commonly called Skeen's Little Patent.

And whereas, Solomon Carver, Peter Christie, Daniel Buell, Jedediah Omstead, Enoch Wright and Samuel Waterhouse junior, having since acquired title in and to one thousand two hundred and ninety seven acres of the land conveyed to the said Samuel Waterhouse and others by the said commissioners, have represented to the legislature, that they have by mistake made considerable improvements on a tract of land belonging to the people of this State in the said tract of land called Skene's Little Patent. Therefore.

Be it enacted by the People of the State of New York represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful to and for the surveyor general of this State, and he is hereby authorized and required, either by himself or by one of his deputies to make an actual survey of the lands in that part of Skeene's Little Patent lying north and east of Mackentosh's patent, which is not comprehended in the three thousand five hundred and thirty two acres conveyed to the said Samuel Waterhouse by the said John Lansing junr. and Christopher Yates Esquires as commissioners aforesaid, and the said surveyor general shall, on the said Solomon Carver, Peter Christie, Daniel Buell, Jedediah Omstead Enoch Wright and Samuel Waterhouse junior, or some or one of them producing to him a certificate from the treasurer of this State of their having paid into the treasury at and after such rate per acre, for every acre of the said land as shall be computed to have been the actual value thereof (exclusive of the improvements) on the fourth day of September, one thousand seven hundred and eighty one, to be ascertained by the appraisement of three appraisers, one of the appraisers to be chosen by the surveyor general, one other by the said Solomon Carver, Peter Christie, Daniel Buell Jedediah Omstead, Enoch Wright, and Samuel Waterhouse junior, or the major part of them, and the other by the two persons so chosen, which appraisment shall be certified by the said appraisers or any two of them under their hands and seals, execute a conveyance unto the said Solomon Carver, Peter Christie, Daniel Buell, Jedediah Omstead, Enoch Wright, and Samuel Waterhouse junior, or their heirs or representatives in fee simple for the said land agreably to the form mentioned in the first section of the act entitled "An act relating to the forfeited estates" passed the 21st of March 1788.

And be it further enacted by the authority aforesaid, That they the said Solomon Carver, Peter Christie, Daniel Buell, Jedediah Omstead Enoch Wright and Samuel Waterhouse junior, or some or one of them, shall pay to the said surveyor general the amount of the expences for surveying and appraisement as aforesaid, previous to their obtaining the deed aforesaid.

CHAP. 42.

AN ACT to naturalize the persons therein named, and to prevent the avoidance of titles in certain cases, by reason of alienism.

PASSED the 28th of February, 1789.

WHEREAS Francois Adrian Vander Kemp Reinira Engelbarta Johanna Preamble. Vander Kemp his wife and Jan Jacob Vander Kemp and Cunira Engelbarta Vander Kemp his two children Erneste Guilliaume Baron de Rottenbourg, Louise Henriette de Rottenbourg Neé Williamos his wife Philip Auguste Hennequin de Rottenburg Elizabeth De Wint the wife of John De Wint junior William Johnston Adam Calderwood George Ferguson Duncan Ferguson Peter Collin Samuel Weston George Lewis Philip Dubey, Imbert Louis Dubey, Johannis Teitsel George Gilfert Carlile Pollock Thomas Maule Richard Bullock William Thomas John Frost William Rhodes Thomas Brown Christopher Lange Maurice Collins Patrick Collins Bernard Kelly William Buckle John Johnston William Johnston John Gamble James Parker Thomas Frazer John Connely John Egnew Thomas Armstrong Andrew Bashford James Pearson Spencer Philpot Andrew Brown Robert Smith Charles Wilkes Thomas Ellison William Hanson Samuel Campbell, Samuel Hill Peter Mac Vean George Walker John Baptist Oliver, John Speyer Philip Mark Charles Borman James Cockcroft Thomas Allen John McMillan Hugh Cameron Joseph Searight James Cooper Archibald McLean Terence O. Donnell Michael Bogley John Andrew William Mc Lyment Walter McIntosh George Brown William Cumming Kenneth Chessam Findly McDonald Alexander McDonald John Chessam Archibald Frazer Alexander McDonald Joseph Newlands James Easson Charles McGlashan Alexander McGlashan Thomas Armstrong John Dewaier John Morison Charles Orangebay James Eadie John McGellevray Tobias Hoffman George Speth William Cammeyer Johan Christopher Ehninger Dennis Sinnott Bartholomew Barnewall John Baptiste Deloffre Marian Le Brun Auguste Berthoud Jean Boand James Malide Conrad Bernhard Glaan Robert White Albrecht Behrens Joseph Maud Samuel Kerr John Smith Gilchrist Dickenson John Beeker Duncan McVean Isaac Ximens Robert Stewart James Wilson Peter McVean John McNaughton Duncan McMartin James Cleary Peter Fisher Peter McKinlay James Christie John Taylor James Morison Robert Robertson Peter Robertson Daniel MacIntyre Duncan McFarland John McIntyre John McBeth Joseph Newton Peter Forbes Daniel Stewart Thomas Stewart John Jacob Aster Alexander Wamsley Hipolite Penet Nicholaus Meade John Ritson Daniel McKennon John Jacob Bush Angus McNaughtan junior, Daniel McNaughtan, John McNaughtan junior, Duncan McNaughtan, Alexander Robertson Moses Malloch Patrick McLean, Donald McKercher Finlay McCallum James Campbell Neal McGregor John Frazer Duncan McLaren Duncan McVean James McVean John McVean Duncan McVean junior, Lawrence Craimer, John Barbour Samuel Wallcott Hendrick Van Wagner James McVean James Carmichael Duncan McVean James McVean James Mason Richard Mason George Mason William McKee junior James McKee Robert Barker William Barber John Porteous John Jaeger Andrew Grosend Andreas Koch George Betzholtz Lawrence Gleichman Michael Will

Persons named

above naturalized.

Lands heretofore

not to escheat.

mann Frederick Glichman Hendrick Z. Bonse Jacob Weisyerber Christian Hartwick William OMeagher Rodolphus Kent John Campbell Abijah Gilbert Robert Burrell William Stockman Peter Deschent Tobias Hoffman have by their several petitions to the legislature prayed to be naturalized. Therefore

Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That the above named persons shall be, and they are hereby respectively naturalized; and shall from and after having taken and subscribed in any court of record within this State, the oath of allegiance, to this State, and abjured and renounced all allegiance and subjection to all and every foreign king prince, potentate and State, in all matters, ecclesiastical as well as civil, be deemed citizens of this State, to all intents, constructions and purposes whatsoever: And that the court in which any of the persons herein before mentioned, shall be admitted to take such oath, shall cause an entry thereof to be made in the minutes of the said court; and shall give a certificate to such persons respectively, purporting that such person hath been admitted to such oath, in the said court, in pursuance of this act; and such persons upon taking such oath, shall respectively pay to the judges of such court six shillings, and to the clerk thereof three shillings.

And be it further enacted, by the authority aforesaid, That no lands, pred tenements or hereditaments, in this State, heretofore purchased by any of the persons herein before named, shall escheat to the people of this State, by reason or on account of such person's then being an alien; but all such lands tenements and hereditaments, shall vest in such purchaser, in the same manner as if such purchaser had been naturalized at the time of such purchase; any law to the contrary notwithstanding; provided always that the said Jan Jacob Vander Kemp and Cunira Engelbarta Vander Kemp shall respectively take the oath of allegiance and abjuration within one year after they shall respectively attain the age of twenty one years, or be precluded from the benefits intended to be secured to them by this act. And provided also, that such other of the persons above named and hereby naturalized, as shall not take the oath of allegiance and abjuration aforesaid, in manner herein before directed, within twelve calender months, next after the passing of this act, shall have no manner of benefit by this act, any thing herein contained to the contrary notwithstanding.

Titles from

held by

citizens

not to be defeated.

And be it further enacted by the authority aforesaid, That no title or aliens now claim, of any inhabitant of this State, who is now a citizen of this State, under any patent or purchase of lands, tenements and real estate, granted to or made by an alien, at any time inhabiting in this State, since the twenty seventh day of January, in the year one thousand seven hundred and seventy, shall be defeated merely upon the pretence of alienism in the grantee or purchaser, or any person holding as by descent or otherwise, since such grant or purchase; but that such title shall be adjudged to be good, the plea or pretence of alienism, in such case notwithstanding.

Id.

And be it further enacted by the authority aforesaid, That no title or claim accruing between the third day of September 1783, and the time of passing this act, to any citizen or citizens of this State, in any lands, tenements or hereditaments, granted under the great seal of the late Colony, now State of New York, prior to the 14th day of October 1775, shall be defeated or prejudiced upon the pretence of alienism in the grantor or grantors thereof, or any other person or persons, thro' whom his her or their estate therein may have been derived, but that such

title shall in like manner be adjudged to be good and valid, the plea or pretence of alienism notwithstanding.

Richard

And be it further enacted by the authority aforesaid, That it shall be Heirs of lawful for the heirs or devisees of Richard Montgomerie Esquire, late a Montgommajor general in the armies of the United States, to sell, dispose of, grant ery. and convey, to any citizen or citizens of this State, and his her or their heirs and assigns, the lands tenements and hereditaments whereof he was seized, or to which he was entitled at the time of his death, notwithstanding the plea or pretence of alienism, in such heirs or devisees.

CHAP. 43.

AN ACT for the payment of the salaries of the officers of government, and other contingent charges.

PASSED the 28th of February, 1789.

appropria

Be it enacted by the People of the State of New York, represented in Annual Senate and Assembly and it is hereby enacted by the authority of the same, tion bill. That the treasurer of this State, shall pay out of any unappropriated monies in the treasury, the sums of money herein after directed vizt.

To his excellency the governor, for administering the government of Governor. the State, from the first day of July last, to the first day of July next, at and after the rate of twelve hundred pounds.

To the person administering the government of the State for the time being, to defray the incidental charges which may arise in and about the administering the government of the State, such sum or sums of money, as he shall from time to time by warrant under his hand, and the privy seal of the State, draw from the treasury for the purpose, not exceeding in the whole the sum of one hundred and fifty pounds.

Supreme

To the Honorable Robert R. Livingston, Esquire, chancellor of the Chancellor State, for his services in that station, from the first day of July last, to court. the first day of July next, at and after the rate of five hundred pounds. To the Hon. Richard Morris Esquire, chief justice of the State, for his services in that station, from and to the respective times aforesaid, at and after the rate of five hundred pounds.

To the Honorable Robert Yates and John Sloss Hobart, Esquires, the other judges of the supreme court of this State, for their services in that station, from and to the respective times aforesaid, at and after the rate of five hundred pounds each.

in Congress.

To Abraham Yates junior, Ezra L'Hommedieu, Alexander Hamilton Delegates and Leonard Gansevoort Esquires, delegates from this State in Congress of the United States, at and after the rate of twenty four shillings per day, for such a time as they shall have attended, or were going to and from Congress, to the respective places of their abode, according to such accounts as they shall respectively produce, audited by the auditor of the State.

ment.

To the members of the council of appointment, at and after the rate Council of of sixteen shillings per day, and for the time of their travelling from and appointto their respective places of abode, according to such accounts as they shall produce, certified by the clerk of the said council.

To each of the members of the senate and assembly, for each and Members every day they shall have attended in senate or assembly, during the of legis present meeting of the legislature, and for each and every day they shall

lature.

Clerks of

have been or may be travelling from and to their respective places of abode, to the place of the meeting of the legislature, the sum of twelve shillings for each day; such travelling charges to be computed at and after the rate of thirty miles per day, agreeable to such accounts thereof as they shall respectively produce, certified by the president of the senate, or speaker of the assembly, (as the case may be). And the account of the president of the senate, to be certified by the clerk of the senate, and the account of the speaker of the assembly, to be certified by the clerk of the assembly.

To John McKesson and Abraham B. Bancker, clerks of the assembly legislature. and senate, each the sum of thirty shillings per day, for their respective services during the present session, and also the amount of such accounts for monies by them advanced respectively, for the use of the senate or assembly, as they shall respectively produce, certified by the president of the senate, or speaker of the assembly, as the case may require.

Sergeantat-arms.

Secretary of State.

Door-keep

ers.

Governor's

To the serjeant at arms, at and after the rate of twelve shillings per day, for such time as he has attended the legislature at their present meeting, agreeable to such certificate thereof as he shall produce, signed by the speaker of the assembly.

To the secretary of the State, for attending the legislature during the present session, for the purpose of receiving the laws, and attending the council of appointment from the first day of July last, to first day of July next, at and after the rate of thirty pounds. To the said secretary for his services in recording the laws, for making copies thereof with marginal notes for the press, and making copies by direction of the gov ernor, or of the senate and assembly, and for engrossing the minutes of the council of appointment, from time to time, at and after the rate of one shilling and six pence per sheet, each sheet to consist of one hundred and twenty eight words, agreeable to such accounts thereof as he shall produce, audited by the auditor of the State.

To the door keepers of the senate and assembly, at and after the rate of sixteen shillings per day, agreeable to such certificate thereof as they shall respectively produce, certified by the president of the senate, or speaker of the assembly, as the case may require.

To the secretary to his excellency the governor, at and after the rate secretary. of one hundred and twenty five pounds per annum.

Delegates

tion.

To each of the members of the late convention of delegates, held at to conven- Poughkeepsie, in the county of Dutchess, on the third Tuesday of June last, in pursuance of a resolution of the legislature of this State, at their last session, for each and every day the said delegates shall have attended the said convention, and for each and every day they were travelling from and to their respective places of abode, to the place of the meeting of the same convention, the sum of twelve shillings per day; such travelling charges to be computed at and after the rate of thirty miles per day, agreeable to such accounts thereof, as they shall respectively produce, certified by the president of the said convention. Officers of To John McKesson and Abraham B. Banker secretaries to the said convention convention, each the sum of thirty shillings per day, for their respective

services during the session of the said convention; and also the amount of such accounts for monies by them advanced respectively, for the use of the same convention, as they shall respectively produce, signed and certified by the president of the said convention.

To David Barclay, door keeper, and to James Pritchard, messenger to the said convention, at and after the rate of twelve shillings per day each, agreeable to such certificate thereof, as they shall respectively produce, certified by the president of the said convention.