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the faid guard, fhall board and lodge at any other place than the barrack, erected for fuch purpose.

II. And be it further enacted, That the mayor of the city of NewYork, fhall from time to time infpect the faid guard, and report the ftate thereof, at least once in every three months, to the perfon adminiftering the government of the ftate for the time being, and may in his difcretion direct the discharge of any non-commiffioned officer, musician or private, belonging to the faid guard, and caufe all vacancies therein to be filled by new engagements; and that the faid mayor, together with any two of the infpectors of the ftate prifon, fhall from time to time, make and establish rules, regulations and orders, for the better government of the said guard, for the trial of all offences against discipline, and for the inflicting proper punishments for breaches thereof, not exceeding a fine of one month's pay, and fixty days imprisonment in the folitary cells of the faid prison, for every offence.

III. And be it further enacted, That it fhall be the duty of the officer commanding the faid guard, to make a weekly return of the faid guard, to the faid mayor.

IV. And whereas, The pay of the drummer and fifer belonging to the faid guard hath not been fixed and afcertained, in and by the act, entitled "An act relative to the ftate prifon," nor any provifion made for the payment and compenfation of fuch drummer 7 and fifer: Therefore, Be it further enacted, That the monthly pay of the faid drummer and fifer, fhall be twenty dollars each, which fhall be in lieu of every compenfation, except the articles to be furnished to them which fhall be the fame as are directed to be furnished to the non-commiffioned officers and privates of the faid guard, in and by the twenty-fecond fection of the act, entitled "An act relative to the ftate prifon."

$ V. And be it further enacted, That it fhall be lawful for the comptroller in the auditing the accounts of the infpectors of the ftate prifon, to allow the charge or charges therein made, for the monthly pay and articles furnished to the drummer and fifer of the faid guard, for the term they have already been engaged and ferved, and fhall hereafter engage and ferve in the faid guard.

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VI. And be it further enacted, That all and fingular the duties and fervices required of the inspectors of the state prifon, by them to be done and performed, as far forth as relates to the ftate prifon guard, fhall and may be done and performed by any two of them.

VII. And be it further enacted, That all and every of the perfons now belonging, or that any time hereafter fhall belong to the ftate prifon guard, fhall, for and during the time of their continuance in fervice in fuch guard, be and remain free and exempt from all arreft by civil procefs.

11 VIII. And be it further enacted, That the judges of the fupreme court, or fuch of them as may be prefent at the city of New-York at any of the terms of the fuprme court held in the faid city, the mayor and recorder of the city of New-York, the attorney general or diftrict attorney general, with the infpectors of the ftate prifon, or a majority of them, fhall and may, and they are hereby

authorised and empowered, from time to time, to devife and recommend fuch mode or plan for watching and guarding the flate prifon more fatisfactorily and lefs expensive than the prefent mode of guarding of the fame, as to them or a majority of them, fhall feem meet and proper; which faid plan fhall be reported and propofed to 12 the perfon adminiftering the government of this ftate, for the time being, and when approved of by him he fhall authorife and direct the fame to be carried into effect; And further, That the faid judges, 13 mayor, recorder, attorney general and infpe tors aforefaid, or a majority of them, may, from time to time, after fuch plan as last above mentioned fhall and may have been directed to be carried into effect, have full power and authority, by and with the approbation and confent of the perfon adminiftering the government of the flate for the time being, to alter, change and amend the fame, and at all times to make and pafs all neceffary rules and regulations for the establishing of good order and government in the premifes.

Solitary Prifon.

CHA P. LXXIII.

CONTENTS.

1, 2. Prifon for folitary Confinement, or Cells in the Bridewell at New-York, to be built.

3. Keepers of the Prifon to be appointed by the Com. Council. 4. Prifon, when finifhed, notice thereof to be published.

5, 6. Certain offenders to be adjudged to confinement in faid prifon. To be kept in abfolute folitude and on fpare diet.

7.

An ACT for erecting in the City of New-York, a Prison for solitary Confinement.

Paffed March 30th, 1802. THEREAS the imprisonment of perfons convicted of petit larceny, and other inferior offences, in the city prifon of the city of New-York, has not been attended with the beneficial confequences of reforming the convicts, and of preventing crimes ; and as the confinement of fuch offenders promifcuoufly in the ftate prifon, would be productive of public inconvenience: Therefore,

1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That the mayor, aldermen and commonalty of the city of New-York, in common council convened, are hereby authorised to caufe to be erected, or prepare within the faid city a ftrong building to be called the prifon for folitary confinement, or to build cells in the bridewell or fome other pro- 2 per building, and prepare the fame for that purpofe, and which thall be appropriated exclufively for the reception of convicls who

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may be fentenced to punishment therein, as herein after directed; that the faid prifon fhall be erected upon ground belonging to the faid corporation, and at such place, upon fuch plan and conftruction, and of fuch dimenfions as to the faid common council fhall appear moft advifeable, and fhall be fupported at the expenfe of the faid city.

II. And be it further enacted, That the faid common council, fhall from time to time appoint a principal keeper of the faid prifon, fo to be erected, and alfo as many affiftant keepers as they fhall judge neceffary, who fhall hold their offices refpectively dur ing the pleasure of the faid common council, and the fame shall be under the charge and government of the faid common council.

III. And be it further enacted, That as foon as the said prifon or cells, fhall be ready for the reception of convicts, the faid common council fhall fo declare and publish: and every perfon who fhall thereafter, within the faid city, be convicted of any offence specified in the fifth fection of the act, entitled "An act declaring the crimes punishable with death or with imprisonment in the ftate prifon; and it fhall be deemed proper by the court, before whom any fuch perfon fhall be convicted, that inftead of, or in addition to a fine, fuch perfon ought to be imprifoned, it fhall then be lawful for fuch court, in their difcretion, to adjudge the perfon fo convicted to imprisonment in the faid prifon or cells for folitary confinement, for any term of time not exceeding ninety days.

IV. And be it further enacted, That it fhall be lawful for the court authorifed in and for the faid city, to try and punish certain offences by virtue of the ninth fection of the act, entitled "An act declaring the powers and duties of juftices of the peace," inftead of adjudging offenders, convicted of offences therein mentioned, to imprifonment in the houfe of employment or bridewell, to adjudge in their difcretion every fuch offender to imprifonment in the faid prifon or cells for folitary confinement, for any term of time not exceeding fixty days; and every perfon adjudged to imprifonment in the faid prifon or cells, by virtue of this act, fhall as far as circumftances will admit, be kept in abfo Jute folitude, and on spare diet.

1. Clerk of Columbia to record certain Receipts and Releafes. 2. His Fees for fuch recording.

3. Benefits of this act, to whom extended.

An ACT authorising the Recording of Receipts for Sums of Money, charged on certain Lands in the Patent of Mawighnunck, in the County of Columbia.

WH

Paffed February 10th, 1802.

THEREAS by virtue of an act of the legislature, entitled "An act for fettling the difputes and controverfies between the perfons claiming to be proprietors of the patent called Mawighnunck, and the poffeffors of the lands in the town of Canaan," a majority of the commiffioners under this faid act, did award certain fums to be due to the claimants of the faid patent by each of the refpective poffeffors thereof mentioned in the faid act, as appears of record in the fecretary's office of this ftate; And whereas, By virtue of the faid act, the lands of the faid poffeffors, fo found chargeable, are refpectively bound and holden fubject to the payment of the monies fo awarded, with power to the faid proprietors to fell fuch lands, in cafes of non-payment, in the manner and after the notice ufual in cafes of mortgages with claufe for fale; And whereas, In and by the faid act, there is no provifion for the recording the evidences of fuch payments: Therefore,

I. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it fhall be lawful for the clerk of the county of Columbia, and he is hereby required, on the production to him for recording, any receipt or releafe, given and executed by Peter Silvester and Peter Van Schaack, efquires, of the town of Kinderhook, in the county of Columbia, or the furvivor of them, for any monies charged on the faid lands or any part thereof, the fame being firft acknowledged or approved, purfuant to the directions of the act, entitled "An act concerning the proof of deeds and conveyances," to record any fuch receipt or release, together with the acknowledgment thereon, in the book of mortgages by him kept; which record or a tranfcript thereof, fhall be full evidence in all courts of law or equity in this ftate of fuch payment; and for which fervice the faid clerk 2 fhall be entitled to twenty cents, for recording every fuch receipt and acknowledgment or proof.

II. And be it further enacted, That the benefits and provisions 3 of this act, shall be and hereby are extended to the feveral perfons mentioned and defignated in an act fupplementary to the act herein before recited, paffed the third day of April laft.

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State Loan.

CHA P. XXXVIII.

CONTENTS.

1. Monies loaned by the State, time of Payment extended to 1809. 2. Intereft to be annually paid.

3. Loan officers may receive the whole or any part of the principal, and reloan it.

An ACT to extend the Payment of Money loaned by Virtue of the Act, entitled "An Act for loaning Monies belonging to this State, passed March 14th, 1792."

B

Paffed March 16th, 1802.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the time for payment of the monies, loaned to fundry perfons by virtue of the act, entitled "An act for loaning monies belonging to this ftate," paffed March 14th, 1792, be and is hereby extended to the first Tuesday of May, one thoufand eight hundred and nine; Provided nevertheless, That the intereft of faid money be annually paid; And provided also, That it fhall be lawful for the feveral loan officers, appointed under the faid act, and they are hereby directed to receive the whole of fuch part of the money loaned to any perfon, at their annual meeting on the first Tuesday of May, as is allowed in and by the faid act, and to reloan the fame agreeable to the directions of the faid act, payable on or before the faid firft Tuesday of May, one thoufand eight hundred and nine.

Society Library.

CHA P. XXIX.

CONTENTS.

1. Amount of the annual payments to be made on the shares. 2. Forfeitures for non-payment.

An ACT to enable the Trustees of the New-York Society Library to increase the yearly Sums payable on the Shares of the said Library. Paffed March 8th, 1802.

BE

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That it fhall and may be lawful for the trustees of the New-York fociety library, in the city of NewYork, for the time being, on the firft Tuesday of May next, and yearly on the first Tuesday of May in every year thereafter, to demand and receive from the members of the faid fociety, a fum not