heretofore devised to or purchased or acquired by them, shall not be impeached or defeated by reason of their alienage or the alienage of any person or persons from whom the said Campbell Sweeny and Robert Sweeny shall have derived such title, but the same is vested in the said Campbell Sweeny and Robert Sweeny, their heirs and assigns, in the like manner as if the said Campbell Sweeny and Robert Sweeny, and the person or persons from whom they derived such title, had been natural born citizens. Toll gates CHAP. CXCI. AN ACT to amend an act, entitled “ an act to incorporate the Fishkill Mountain Turnpike Road Company," passed March 31, 1817. Passed April 13, 1820. BE it enacted by the People of the State of New-York, authorised. represented in Senate and. Assembly, That it shall be lawful for the president and directors of the Fishkill mountain turnpike road company, when they shall have completed the said road, agreeable to the act hereby amended, to erect on said road one whole toll gate, or two half toll gates, with authority to require and receive toll from all persons liable to pay toll when travelling on said road, any thing in the act hereby amended to the contrary notwithstanding. Preamble. Duty on rock salt. CHAP. CXCII. AN ACT to authorise Benajah Byington to search for Rock Passed April 13, 1820. WHEREAS Benajah Byington, of the town of Salina, in the county of Onondaga, hath by his petition represented to this legislature, that he hath great reason to believe that vast quantities of rock salt may be discovered in the said county of Onondaga; but that the undertaking of such discovery will subject him to very great expense: To the end, therefore, that the said Benajah Byington may be indemnified in the making of a discovery of so great importance to the good people of this state : 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That a duty of fourteen and an half cents shall be paid on each and every bushel of rock salt which shall be discovered in any part of the county of Onondaga, and which shall be removed from the bed or mine, or on any salt which shall be manufactured from such rock salt; which said duty shall be collected in like manier as the duty on salt manufactured in the said county, is now prescribed by law to be collected; and any person or persons violating this law, shall be subject to the like pains and penalties, that he or they would be subject to, by violating the present laws regulating the duties on salt manufactured in the said county of Onondaga, to be imposed and collected in the same manner as such penalties are now imposed and collected. ington. II. And be it further enacted, That the superintendent, or other Monies paya person authorised by law to collect the said duty, shall pay two ble to B. By-. cents on each bushel out of the duty arising on such rock salt, so removed from the mine, or on the salt which shall be manufactured therefrom, to the said Benajah Byington, or to his heirs or assigns, for and during the term of ten years from the time the said Benajah Byington shall discover such rock salt; and the remaining twelve and an half cents of said duty shall be paid over by the superintendent in the same manner; and the same shall be so applied, as the duty arising on salt manufactured in the western district is now by law paid over and applied: Provided however, That the said Benajah Byington shall discover such rock salt within three years from the time of passing this act. ved. III. And be it further enacted, That the legislature may at Rights reserany time alter, repeal or modify this act, on paying the said Benajah Byington three times the value of the time, labor and expense which the said Benajah shall have appropriated in making the said discovery. СНАР. СХСІІІ. AN ACT providing the mode of Legal Proceedings in certain cases. Passed April 13, 1820. tween towns, Commons how tried and de I. BE it enacted by the People of the State of New-York, Disputes be. represented in Senate and Assembly, That it shall and may be concerning lawful, in case any controversy or cause of suit or action doth now or hereafter shall exist between any of the towns of this state, or be-termined. tween the freeholders and inhabitants of any of the said towns, in relation to the town commons or the common property of the towns, or of the freeholders and inhabitants thereof, or the partition thereof for the supervisor and town clerk of any such town, in behalf of the same, and of the freeholders and inhabitants of such town, or either of them, to institute such suit or other proceedings at law, or in equity, as they may be advised or directed to do against any other town, or the freeholders and inhabitants of the same, for the purpose of trying and finally settling the matters in claim or controversy between them; and that it shall in like manner be lawful for the supervisor and town clerk of any town, against which such suit or other proceedings shall be instituted, to appear and answer to the same for and in the name of the said town, and the freeholders and inhabitants of the said town, or either of them; and that for the purpose of litigating the rights, or adjusting the claims of the said towns, and the freeholders and inhabitants of the said towns, or either of them, which may be put in issue in the said cause or other proceeding, or otherwise the subject thereof, all the proceedings shall and may be conducted to a final determination in the name of the said town and the freeholders and inhabitants thereof, or either of them, in like manner as if the said towns, or the said freeholders and inhabitants, were created bodies corporate; and that all process, notices and orders in the said cause or other proceedings, which shall be duly served upon the supervisor and town clerk of any town, shall be valid and effectual in law : Proviso. Provided always, That no suit or suits, or other proceedings, shall be commenced and prosecuted or defended by virtue of this act, unless the same shall have been first authorised and directed by a vote of the freeholders and inhabitants of the town, where town commons or common property is the subject of such suit or suits or other proceeding, in their annual or special town meeting regularly convened, for that purpose assembled, Legal effect II. And be it further enacted, That such suit or suits, or othof procedings. er proceedings, shall and may be conducted in like manner in all respects, and the final judgment or decree therein shall have the same force and effect in binding the said towns and the freeholders thereof respectively, as other suits or other proceedings of a similar kind, have in binding the parties thereto respectively; and that the same shall not abate by the death or removal from office of any supervisor or clerk, but shall and may be continued in the name of the successor of the officer so dead or removed; and that whenever, by any decree or decision, the rights of any town shall be confirmed and settled under and by virtue of this act, it shall and may be lawful for such court, in case they shall deem it advisable, to partition such lands or property according to the right as decreed and settled. Proceedings ant holds over. CHAP. CXCIV. AN ACT to amend an act, entitled "an act concerning Distresses, Rents, and the renewal of Leases," passed April 5th, 1813, and for other purposes. Passed April 13, 1820. 1. BE it enacted by the People of the State of New-York, rewhen a ten- presented in Senate and Assembly, That if any tenant or lessee at will, or at sufferance, or for part of a year, or one or more years, or from year to year, of any houses, lands, messuages, tenements or hereditaments; or the assigns, under tenants or legal representatives of such tenant, or lessee, shall, after the expiration of his, her or their term, hold over and continue in possession of the same, or any part thereof, without the permission of the landlord or lessor of the premises; or if any such person or persons shall so hold over, without such permission as aforesaid, after default in the payment of rent, pursuant to the contract or agreement under which such premises shall be held, it shall be lawful for such landlord or lessor, or his heirs, executors, administrators, attorney, agent, bailiff, receiver, or assigns, to make oath, in writing, of the expiration of such term, or of such default in the payment of such rent, and of such holding over, without permission as aforesaid, and thereupon to apply to the mayor, recorder, or any one of the aldermen, special justices, justices of the marine court, or any one of the assistant justices of the city of New-York, if the premises are situated in the said city; or to any judge of the court of common pleas, or mayor or recorder of any other city or county within which the demised premises may be situated, who, on receiving such oath in writing, are hereby required to issue a summons, requiring the person or persons in possession of the said premises, or claiming the possession thereof, forthwith to remove from the same, or show cause before the magistrate issuing such summons, on the same day, or within such time, not exceeding five days after the service thereof, as to him shall, under all the circum stances, appear to be reasonable, why such landlord or lessor, or his heirs, assigns, or legal representatives, should not be put in possession of the said premises; and if no sufficient cause be shown to the contrary, such magistrate shall issue an order or warrant, to be directed to the sheriff of the county within which the premises are situated, or to any constable or marshal of any city or town, commanding him to remove all persons from the said premises, and to put such landlord or lessor, or his or their heirs, executors, administrators or assigns, into the possession thereof. And the said sheriff, constable or marshal, is hereby required to obey and execute such order or warrant : Provided always, That in case Proviso of a tenancy at will or sufferance, the landlord or lessor shall give three months notice in writing to the tenant or tenants of the premises, requiring him or them to remove therefrom, before applying to a magistrate for relief under this act which notice shall be served by delivering the same to such tenant or tenants, or some person of proper age residing on the premises and if the tenant or tenants cannot be found, or there be no such person residing on the premises, then such notice shall be served by putting up the same on the most conspicuous part of the premises, and where the same can be the most conveniently read: And provided also, That Further proin the case of a proceeding for non-payment of rent, as before mentioned, there shall have been a demand of such rent, or three days notice, in writing, by the person or persons entitled to such rent, to the person or persons owing the same, requiring the payment of the said rent, or the delivery of possession of the premises, to be served in the same manner as last provided. viso. be summoned II. And be it further enacted, That if such person or persons Jury when to in possession of such premises as aforesaid, or claiming the possession thereof, shall make oath that the term in the premises in question is not expired, or that he, she or they do not hold or claim the said premises contrary to an agreement then existing between them and the person or persons applying for such suminons as aforesaid; or in the case of an application by reason of the non-payment of rent, if the person or persons against whom such application is made, shall make oath that such rent is not in arrear and unpaid, the said magistrate, or any other of the said magistrates before named, in their respective cities and counties, shall issue a precept, directed to the sheriff of the said city or county, commanding him to summon a jury of twelve men, qualified to serve as jurors in courts of record, to appear before the magistrate issuing such precept, either on the day of issuing such precept, or on the day thereafter, who shall hear the proofs and allegations of the Security for reut, and non parties, and under the advice and direction of such magistrate last mentioned, shall hear and determine the matter in difference between the said parties; that the said jury shall be empanelled and sworn as is usual in trials by jury in courts of record; and if the verdict of the said jury shall be for the landlord or lessor, or person or persons applying for the summons in the first instance, as herein provided, the said magistrate, before whom such trial by jury shall take place, shall issue a similar order or warrant to put the landlord or lessor, or person or persons applying for such summons in the first instance as aforesaid, into the possession of the premises, as is provided for in the first section of this act. III. And be it further enacted, That in the case of a proceeding payment, &c. under this act for the non-payment of rent, if the decision of the magistrate or the verdict of the jury, as the case may be, shall be against the person or persons of whom such rent is claimed, the contract or agreement, and the relation of landlord and tenant between the parties shall be thereafter cancelled and annulled, unless the person or persons owing such rent shall forthwith pay the said rent, and the costs of proceeding under this act, or give such security to the person or persons entitled to the said rent, for the payment thereof, with costs, in ten days thereafter, as shall be satisfactory to the said magistrate: And further, That no proceeding for non-payment of rent shall take place under this act, in any case where it shall appear that satisfaction for such rent might have been obtained by distress. Canstruction of certain agreements. IV. And be it further enacted, That every agreement which shall be made for the hiring or occupation of any lands or tenements in the city of New-York, and which shall not particularly specify the time during which such hiring or occupation is to continue, shall be deemed and held valid until the first day of May next after the time when the possession under such agreement shall commence; and that unless it is otherwise agreed upon between the parties to such agreement, the rent under such agreement, or the compensation to the landlord, for the use and occupation of the premises, shall be payable on the usual quarter days for the payment Parol agree of rent in the said city, and be recoverable accordingly. And furkid,except for ther, That no agreement by parole, and not in writing, for the letting or hiring of any lands or tenements in the city of New-York, shall be valid or binding in law, for any longer period than one year from the making thereof. ments not va one year. False swear V. And be it further enacted, That if any person who shall be ing perjury. sworn to any matter by virtue of this act, shall in such matter swear falsely, such person shall, on conviction thereof, be subject to all the pains and penalties of perjury. Rights reserved and fees of officers. Right to pur VI. And be it further enacted, That nothing in this act contained, shall be construed to impair the rights of any landlord or lessor, under existing laws; and that the magistrates and officers shall be entitled to the like fees, under this act, as for similar services under any other act or acts, to be paid by the party against whom the decision shall be pronounced, and recovered of him by the other party in an action of debt. sue goods ta- VII. And be it further enacted, That it shall and may be lawken away to ful for any lessor or landlord, or any person or persons by him for lerud land that purpose lawfully empowered, at any time within the space of defraud |