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faid act: Provided nevertheless, That the faid Solomon Southwick, before he in any way takes upon himself the management of fuch lotteries, fhall enter into fuch bond with such furety as is mentioned in the faid act.

II. And be it further enacted, That it shall be the duty of the faid John Lovett, whenever thereunto requested by the faid Solomon Southwick, to pay and deliver unto the said Solomon Southwick all fuch fums of money, tickets, and other papers as he may have or be accountable for, relative to the faid lottery; and that upon the faid John Lovett's producing a full receipt for the fame to him from the faid Solomon Southwick, to the comptroller, it shall be the duty of the comptroller to receive and. file fuch receipt, and deliver up the bond of the faid John Lovett and his furety deposited in the comptroller's office, to be cancelled.

Schools.

С НА Р. VII.

CONTENTS.

4. Leases, counterpart to be filed in the comptroller's office. Covenants to be contained therein.

5.

2. Lessees to pay an annual rent into the Treasury.

To pay certain expences.

6. Rents, on failure of payment, comptroller to make distress, &c. 1. Surveyor-General to lease 1000 acres of land to certain persons. 3. Treasurer to pay Schoolmasters in New-Stockbridge.

An ACT for the establishing of Schools in New-Stockbridge, for the Instruction of Indian Children.

Paffed February 28th, 1804. WHEREAS the Stockbridge Indians, by their petition pre

fented to the legislature, have prayed, that one thousand acres of their lands be leafed to John Gregg, junior, John Gregg, fenior, and James Alexander, in fee, for the purpose of a school or fchools for the education of Indian children in New-Stockbridge aforefaid: Therefore,

I. BE it enacted by the People of the State of New-York, repre1sented in Senate and Assembly, That the furveyor-general be, and he is hereby required to leafe unto the faid John Gregg, junior, John Gregg, fenior, and James Alexander, and to their refpective heirs and afligns for ever, all that certain tract of land in New-Stockbridge aforefaid, beginning at the foutheast corner thereof, and from thence running northwardly on the east line of New-Stockbridge aforefaid, one hundred and feventyfeven chains and feventy-eight links to a ftake; from thence at right angles weftwardly fifty-fix chains and twenty-five links to a flake; thence at right angles foutherly one hundred and feventy-feven chains and feventy-eight links to the fouth line of

New-Stockbridge aforefaid; thence eastwardly on the fouth line above mentioned, fifty-fix chains and twenty-five links to the place of beginning, in the following manner, that is to fay: To leafe unto the faid John Gregg, junior, his heirs and affigns for ever, five hundred and forty-two acres and one hundred rods; to the faid John Gregg, fenior, his heirs and affigns for ever, three hundred acres; and to the faid James Alexander his heirs and affigns for ever, one hundred and fifty-feven acres and fixty rods of the above defcribed tract of land; they the faid John 2 Gregg, junior, John Gregg, fenior, and James Alexander, paying therefor, yearly and every year into the treafury of the ftate, at and after the rate of thirty bushels of good merchantable winter wheat, at the market price in the city of Albany, for every hundred acres fo to be leafed as aforefaid, on the first day of February in every year, the market price of which wheat hall annually be determined by the treasurer.

II. And be it further enacted, That it shall and may be lawful 3 for the treasurer on the warrant of the comptroller, yearly and every year, to pay from the rents arifing from the faid lands fo to be leafed as aforefaid, to fuch schoolmaster or fchoolmasters fuch fum or fums as fhall be certified by the peace makers of New-Stockbridge, and their miffionary, if any they fhall have, to be due to fuch schoolmafter or fchoolmafters for his or their fervices, in inftructing Indian children in New-Stockbridge aforefaid, by previous agreement made with fuch schoolmaster or schoolmasters by the said peace makers.

III. And be it further enacted, That the counterparts of the faid leafes, executed by the leffees fhall be lodged by the furveyor-general in the comptroller's office, in which leafes there fhall 5 be a covenant to recover fuch rents as are specified in the faid leafes by diftrefs and fale, and of re-entry after fixty days from the time fuch rents become due and remain unpaid.

IV. And be it further enacted, That it fhall be the duty of the 6 comptroller whenever the faid rents fhall become due and remain unpaid for fixty days, to make the diftrefs and re-entry above mentioned; and in cafe of fuch re-entry, the land on which fuch re-entry fhall be made, fhall be held in truft by this ftate for the ufe of the faid Stockbridge Indians, for maintaining a fchool or schools for the inftruction of Indian children in NewStockbridge.

V. And be it further enacted, That the faid John Gregg, junior, 7 John Gregg, fenior, and James Alexander, fhall pay all fuch expenfes as may be neceffary to carry this law into effect.

Brothertown.

CHA P. LXXV.
CONTENTS.

5. Brothertown Lands, persons settling on, who have no right, how dealt with,

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4. Fees, of Marshals of Brothertown, prescribed.

6.

of Judges, Sheriff, &c.

1. Indians residing in Brothertown, in what cases may devise by will. Their wills how executed and proved.

2.

3. Keepers of the Peace, on making decree, in what case may cause the amount to be levied by distress and sale.

7. Superintendents, when to pay deficiencies of costs.

An ACT to alter and amend an Act, entitled "An Act relative to Indians."

Paffed April 7th, 1804.

I. 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 any Indian refiding in Brothertown, to whom any lands have been affigned, to give and bequeath by will, in writing, his perfonal eftate; alfo to give and devife any right, title or intereft which he may acquire to any lands, except the lands 2 fet apart for the Brothertown Indians; and every fuch will and devife fhall be executed and proved as is directed by the act, entitled "An act to reduce the laws concerning wills into one flatute," paffed the 20th day of February, one thoufand eight hundred and one, and be of the fame validity as if made by any white perfon.

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II. And be it further enacted, That whenever any order or decree is made by the keepers of the peace, it fhall and may be lawful for the faid keepers of the peace to cause the amount of fuch order or decree to be immediately levied by distress and fale of the goods and chattels of the perfon against whom fuch order or decree fhall be made : Provided, The perfon in whofe favor fuch order or decree is made fhall make it appear to the fatisfaction of the faid keepers of the peace, by his own oath or the oath of any other perfon, that he will be in danger of lofing the fum fo decreed if delay of execution be allowed.

III. And be it further enacted, That the marshals of Brothertown fhall be allowed for ferving a fummons or execution, mileage, for one mile twelve and a half cents, and for every mile more, fix cents.

IV. And be it further enacted, That if any perfon fhall come - to refide in Brothertown who is not entitled to fettle on lands in faid town, it fhall be the duty of the attorney of the Brothertown Indians to notify fuch perfon in writing to remove from faid town; and in cafe fuch perfon fhall neglect to remove for the fpace of tix days after receiving fuch notice, it fhall and may be lawful for any judge of the court of common pleas in the county of Oneida, on application by the attorney of faid Indians, to iffue a fummons commanding fuch perfon to appear before him on fuch day as he shall appoint, to fhew caufe why he fhould not be removed, which fummons may be ferved by the fheriff, or any conftable of the county of Oneida ; and if no fatisfactory cause be ihewn to the judge on the return of the fummons, it shall be the duty of the judge to order fuch perfon to be removed, with his family and effects, if fuch perfon has a family; and he fhall

further order and adjudge that fuch perfon fhall pay fuch fum as he may deem neceflary to defray the cofts and expenfes of the proceedings under this act, which fum fhall be levied by distress and fale of the goods and chattels of the perfon against whom fuch order is made, and paid to the judge, to be by him paid to the attorney of the faid Indians, after deducting the fees hereafter mentioned, and to be accounted for by the faid attorney to the fuperintendents of faid Indians; and the faid judge who fhall make the faid order fhall iffue his warrant, directed to the sheriff, or any constable of the county of Oneida, commanding them to remove the perfon against whom fuch order is made, and to diftrain and fell the goods and chattels of the faid perfon to the amount of the fum adjudged for cofts; and the faid fheriff or conftable, as the cafe may be, are required, without delay, to execute fuch warrant, and to make return to the judge who illued the fame.

V. And be it further enacted, That the judge who performs 6 the fervices required by this act, fhall be allowed the following compenfation, that is to fay: For every fummons, twenty-five cents; for every order, one dollar; for every warrant, twentyfive cents; and that the fheriff or conftable who ferves the fummons, shall be allowed the fame fees as are allowed to conftables for ferving a fummons under the act, entitled "An act for the more fpeedy recovery of debts to the value of twenty-five dollars" And that the officer who fhall ferve the warrant, shall be allowed fuch fum as the judge may deem proper; and in cafe 7 there shall not be a fum fufficient collected of the perfon against whom the order is made to defray the expenfe of executing this act, then the fame fhall be paid by the fuperintendents of the faid Indians, and charged to the account of Brothertown Indians.

Slaves.

CHA P. XL.

An ACT to repeal the tenth Section of the Act, entitled "An Act concerning Slaves and Servants," passed the 8th day of April, 1801, and for other Purposes.

I.

Paffed March 31ft, 1804.

sented in Senate and Assembly, That the tenth fection of the act, entitled "An act concerning flaves and fervants," paffed the eighth day of April, one thoufand eight hundred and one, be and the fame is hereby repealed: Provided, That all children born of flaves which have been abandoned conformably to the faid fection of the act aforefaid, fhall be provided for at the expenfe of this ftate, in the fame manner as if this act had not paffed.

II. And be it further enacted, That nothing in this act contained, fhall be conftrued to prevent any perfon entitled to the fer

vice of any child born of a slave, after the fourth day of July, in the year one thousand seven hundred and ninety-nine, or which may be born of any flave after the paffing of this act, from abandoning any male child, after it fhall arrive to the age of twentyone years, and if a female, to the age of eighteen years: Provided, That the perfon entitled to such service shall at or immediately before fuch abandonment obtain a certificate, figned by the overfeers of the poor of fuch city or town where fuch perfon fhall refide, certifying, that such child, if a male, appears to be of the age of twenty-one years, and if a female of the age of eighteen years, and of fufficient ability to provide for himself or her felf, and fhall caufe fuch certificate to be registered in the office of the clerk of fuch city or town.

An ACT to extend the Act, entitled "An Act for the Preservation of the Fishery in certain Waters," passed 3d of April, 1801, to the Waters herein mentioned.

I.

BE

Paffed April 7th, 1804.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the first, second and third sections of the act, entitled "An act for the prefervation of the fishery in certain waters," paffed the third day of April, one thoufand eight hundred and one, fhall be and the fame is hereby extended to the following ftreams of water, viz. Ofwego river, Grafs river, Racket river, St. Regis river, Wood creek, Fish creek, and the different branches which empty into the faid ftreams; and that every person who fhall draw any feine, fet any net, make any wire, or other obftructions, in the faid waters, or fhall make any dams fo as to prevent the ufual courfe of the falmon from going up the faid ftreams, shall be subject to the fame forfeitures as are prefcribed in and by the act above recited.

II. And be it further enacted, That the owner or owners of any mill, or other dams, which have been erected across faid ftreams, fhall, on or before the first day of October next, alter the fame in fuch manner as is directed in and by the third fection of the act hereby extended, and that fuch owners fhall be fubject to the fame penalties for neglect as are prefcribed in and by the faid third fection.

An ACT making Provision for improving the navigable Streams running through the County of Steuben.

I.

BE

Paffed April 4th, 1804.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That it fhall be lawful