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The condition of this obligation is such, that if the above bounden shall and do well and truly perform the office and duty of one of the loan-officers of the county

pursuant to the act, entitled An act for loaning monies belonging to this state, and shall demean himself therein, without favour, malice or partiality, then the obligation to be void, otherwise to remain in full force and virtue.

Sealed and delivered in the presence of Power of the XXXVIII. And be it further enacted by the authority

aforesaid, That all the power and authority by this act on this fub. given to, and duties required to be done by the judges ject. and supervisors of the several other counties of this state,

shall be vested in and exercised by the mayor, aldermen and commonalty of the city of New York, in common council convened, so far as the matters and things in this act contained relate to the county of New-York ; and the mayor, recorder, aldermen and assistants, for the time being, of the city of New York, shall be subject to the like penalties and forfeitures, as the said judges and supervisors are subject to for any default or neglect.

common council of New York

An ACT for giving further Time to the new Loan-Offi

cers of Queens County to loan the Monies in their Hands not already loaned.

Passed 14th February, 1793. Sess. 16, ch. 29.

WHE

SEVENTEENTH SESSION. CHAP. XXXIV.
An ACT relative to the new Loan-Officers of the County of

Tioga.

Passed 25th March, 1794. Preamble. THEREAS by an act passed during the last session

of the legislature, it is enacted, that the courts of common pleas and general sessions of the peace, in and for the county of Tioga, shall be held alternately in the town of Union and in the town of Newtown; And whereas doubts have arisen whether the new loan-officers of the said county, are authorized to hold their offices alternately at the places where the said courts are now held : There.

fore, New loan- Be it enacted by the People of the State of New York, office of Tioga where held represented in Senate and Assembly, That it shall and may

be lawful to and for the new loan-officers of the county of Tioga, and they are hereby required to hold the new loan, office for the county of Tioga in the said towns of Union and Newtown alternately, at or near the places of holding the said courts ; and that the next meeting of the said new loan-officers shall be held in the town of Union as aforesaid.

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An ACT to erect part of the Counties of Ulster and Ot

sego into a separate County.
Passed 10th March, 1797. Sess. 20, ch. 33.

[The Tith fect, only related to this subject.]

TWENTY-FIRST SESSION. CHAP. XVI.
An ACT for dividing the County of Orange.

Passed February 23d, 1798.
V. ND be it further enacted, That all losses and de-

Lofles on cer.

whom to be examined,

any lands, tenements or heraditaments situated in the said ges how county of Rockland, taken by virtue of the act, entitled An act for enitting the sum of two hundred thousand pounds in bills of credit, for the purposes therein mentioned, and also by virtue of the act, en ed An act for loaning monies belonging to this state, shall be borne by the same county of Rockland, and the supervisors of the said county shall cause the same to be raised in the same county and paid to the loan-officers of the county of Orange, appointed by virtue of the said acts, and all losses and deficiences which may happen on any mortgage of any lands, tenements or hereditaments, situated in the county of Orange, as now limited, taken by virtue of the said acts, shall be borne and raised in and by the said county of Orange.

VI. And be it further enacted, That it shall and may Accounts of be lawful for the supervisors of the counties of Orange the loan. and Rockland, at each and every of their annual meet- Orange bv ings in their respective counties, to appoint two or more of the supervisors of their respective counties, whose duty it shall be to attend at any of the meetings directed by the said acts for inspecting and examining the mortgages,

minutes and accounts of the loan-officers appointed in the county of Orange under the acts aforesaid, and that one of the judges and the supervisors so nominated and appointed as aforesaid, of each respective county, or a majority of them, shall be sufficient for the purposes in the said acts mentioned, any law to the contrary thereof in any wise notwithstanding. : VII. And be it further enacted, That for the more con

Judges and venient attendance of the said judges and the supervisors fupervifurs of the counties aforesaid, for the purposes in the last pre- meet. ceding clause mentioned, instead of meeting at the courthouses on the north and south side of the mountains alter: nately, on the first Tuesday, in October, as directed by the two acts aforesaid, it shall be lawful, and the said judges and supervisors are hereby required to meet at the house of Stephen Sloot, in the Clove, any law to the contrary thereof notwithstanding:

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VOL. II.

Penalty on su. pervisors for non-attendance.

.

VIII. And be it further enacted, That the supervisors so nominated and appointed as aforesaid, in case of their non-attendance, shall be subject to the like penalties as in and by the said acts last mentioned they are made liable to respectively ; and it shall and may be lawful for the judges who shall attend, and it is hereby declared.sufficient for the judges aforesaid, to cause the supervisors so nominated to be summoned in manner as is directed in and by the two acts aforesaid, and under the like penalties, and a majority of the supervisors and one of the judges of the counties of Orange and Rockland aforesaid, to do and perform every act and thing relating to the examining and settling the accounts of the old and new loan-officers respectively of the said county of Orange, as fully and effectually to all intents and purposes as if the whole number or a majority of such supervisors and judges in both counties irad been present.

Lofies on loans by whom to be borne.

CH A P. XXXI.
An ACT to divide the Counties of Herkimer and Tioga.

Passed 15th March, 1798.
XI.

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ND be it further enacted, That all losses which may loan-officers of the former county of Herkimer, on lands included in the said county of Oneida, shall be borne by the said county of Oneida ; and such deficiency as shall arise from lands situated in that part of the said county of Chenango

taken from the county of Herkimer, shall be borne by the inhabitants residing in such part ; and such deficiency as shall arise from lands mortgaged to the loan-officers of the county of Tioga, and situated in that part of the said county of Chenango taken from the county of Tioga, shall be borne by the inhabitants residing in such parts; and for that purpose the said loan-officers shall certify the amount

of such deficiences to the supervisors of the counties of How levied, Oneida and Chenango, who shall thereupon assess, levy paid.

and collect the same upon the principles aforesaid, and

pay the same over to the loan-officers of the said counties Future meet.. respectively in which such deficiences shall arise ; and the 'ings of the

future meetings of the loan-officers of the said county of Joan officers where held.

Herkimer, for the discharge of the duties enjoined by the act, entitled An act for loaning monies belonging to this

state, shall be at the house now occupied by Ezekiel Clark, Duties of the at Old Fort-Schuyler ; and it shall be the duty of the su: mereumerem pervisors of the said counties of Herkimer and Oneida re

spectively, at their annual meeting on the last Tuesday of May in every year, to nominate and appoint a committee of three of their board, in each county who shall, in conjunction with one judge of the court of common pleas from

collected and

Oneida.

each of the counties respectively, meet together at the house now occupied by the said Ezekiel Clark, at FortSchuyler, on the first Tuesday of October in every year, and then and there do and perform the duties enjoined on the judges and supervisors of the fóriner county of Herkimer by the twentieth section of the said last recited act.

A

CH A P. XXXVIII.
An ACT relative to the Treasury of this state.

Passed March 19th, 1798.
X. ND be it further enacted, That it shall and may Duties of thé

be lawful for the loan-officers in the several in the southcounties in the southern and middle districts of this state, ern and midto make their payments to the bank of New-York for the use of this state, and the sums so paid shall be credited by the said bank to the treasurer of this state, and the receipts for the same shall be immediately transmitted by the person making such payment to the comptroller, who shall thereupon certify the same to the treasurer, and charge him with the amount thereof

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af,

CH A P. XCIII.
An ACT for altering the Bounds of the Counties of Orange,

Ulster and Albuny.

Passed April 5th, 1798.
VI. ND be it further enacted, That all deficiences,

Deficiences arising from loans niade by the loan-officers arising from of the county of Orange, upon lands situated in the said reflect county of Orange, shall be assessed and levied on the free-. bolders and inhabitants of that part of the said county of Orange which heretofore belonged to the said county of Orange, and all deficiences arising from loans made by the loan-officers of the county of Ulster, shall be assessed and levied on the freeholders and inhabitants of that part of the said county of Orange which heretofore belonged to the said county of Ulster, and the said n-officers shall certify the amount of all such deficiences to the supervisors of the county of Orange, who shall thereupon assess and levy the same in manner aforesaid, and pay the same over to the loan-officers of the said counties respectively in which such deficiences shall have arisen ; and all defi-. ciences arising from loans made by the loan-officers of the county of Albany to persons resident in the town of Catskill, shall be assessed and levied on the freeholders, and inhabitants of the said town, and the said loan-officers of the county of Albany shall certify the amount of ail such deficiences to the supervisors of the county of Ulster, who shall thereupon assess and levy the same in

manner aforesaid, and pay the same to the said loan-officers of the said county of Albany.

TWENTY-SECOND SESSION. CHAP. XVIII. An ACT to amend the Laws respecting the Loàn-Officers and Supervisors of the several Counties of this State.

Passed February 25th, 1799. Accounts of I. the loan-offi. cer of Albany

represented in Senate and Assembly, That in case of by whom to such neglect* it shall and may be lawful for the supervisors

of the county of Albany or a majority of them, together with one or more of the judges of the said county and such of the supervisors and judges of the other counties as may appear at their annual meeting on the first Tuesday in October in every year, to do and perform the duties required by the said act, to all intents and purposes as if a full board required by the said act had appeared, any law to the contrary notwithstanding.

II. And be it further enacted, That in case of such negLike provi. fion in case of lect as aforesaid of the judges and supervisors of the certain other counties of Otsego and Herkimer, or any of them, to atcouucies,

tend at the meeting for the examination of the mortgages, minutes and accounts of the loan-officers of the county of Montgomery, on the first Tuesday of October yearly, it shall and may be lawful for the supervisors of the said county of Montgomery, or a majority of them, together with one or more of the judges of the court of common pleas in and for the said county, and such of the supervisors and judges of the said counties of Otsego and Herki mer as may attend such meeting, to do and perform the duties enjoined by the said recited act, as fully and effectually as if all the officers required by the same act had

attended such meeting as aforesaid. Powers of the III. And whereas, It has been represented to the legisloan-officers extended

lature that great inconveniences arise to the loan-officers of several of the counties within this state, by reason of the division of the said counties, and setting off parts thereof to other counties ; for remedy whereof, Be it further enacted, That it shall be lawful for the loan-officers of any county within this state, to advertise and sell all lands which may be mortgaged to such loan-officers pursuant to the directions of the several acts in such case made and provided, within the county in which such loan-officers were originally chosen or appointed, any division of such county, or setting off and annexing any part thereof to any other county, or any former law to the contrary notwithstanding

* The preamble stated, that by the act 15th reli. ch. 71, it was the daty of the judges and one fupervisor of Columbia, Renfelaer and Saratoga to meet the super. visors and judges of Albany, and examine the loan officers' accounts, and that they had neglected. E.

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