thirty days next after the rent shall have become due and payable, to pursue, take and seize all such goods or chattels of such tenant or lessee, as a distress for the arrears of rent, as may have been conveyed away or carried from off the demised premises, and that so much of the thirteenth section of the act " concerning distresses, rents, and the renewal of leases," as is repugnant hereto, be, and the same is hereby repealed. ages against VIII. And be it further enacted, That any tenant or tenants, Special damwho shall hold over the possession of any lands, tenements or here- tenants hold. ditaments against the provisions of the twenty-first section of the ing over, &c. said act" concerning distresses, rents, and the renewal of leases,' in addition to the double rent thereby given, shall be liable to pay and remunerate the landlord or lessor for all special damages whatsoever, to which such landlord or lessor may be subjected, by reason of such holding over, to be recovered in like manner, as in and by the said act is provided. When landlord may re sion of vacant IX. And be it further enacted, That if the tenant or lessee of any lands or tenements shall take the benefit of any insolvent act, sume posses. or shall abscond and leave the premises vacant, the landlord or premises, &c. lessor shall, in either such case, and on due proof thereof, be entitled to the like proceedings, for obtaining the possession of the said premises as are provided in the first section of this act, unless the tenant or lessee shall give such security to the landlord or lessor of the said premises, for the payment of the rent thereof, as the same shall become due, as shall be satisfactory to the magistrate to whom application shall be made for such proceedings as aforesaid. repealed. X. And be it further enacted, That the act, entitled "An Certain act 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renewal of leases, passed April 5th, 1813, and for other purposes," passed April 21st, 1818, be and the same is hereby repealed. " СНАР. СХCV. AN ACT to extend the time of payment of the Loan made by this state to George Booth. Passed April 13, 1820. ment extended, &c. BE it enacted by the People of the State of New-York, re- Time of paypresented in Senate and Assembly, That the payment of the money now due to this state on the loan made to George Booth, by an act of the legislature, passed April the sixth, one thousand eight hundred and eight, with the interest thereon, amounting to six thousand six hundred and four dollars, and seventeen cents, is hereby extended to six years, conditioned as follows: one sixth part of the said sum, with the interest accruing on the whole, in one year after the passing of this act; the remaining sum to be paid in five yearly instalments, with the annual interest accruing on the whole, provided that the said loan is in the opinion of the comptroller sufficiently secured, Gunpowder in Brooklyn. Duty of judge or justice. CHAP. CXCVI, AN ACT to prohibit the storing of Gunpowder in the county of Kings. Passed April 13, 1820. I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the first day of July, in the year of our Lord one thousand eight hundred and twenty, it shall not be lawful for any person or persons to keep at any one time, in the town of Brooklyn, in the county of Kings, except in the powder-houses now erected and built at Fort Green, and at Redhook point, more than twenty-eight pounds weight of gunpowder under the penalty of ten dollars for each and every twenty-eight pounds weight of gunpowder, kept contrary to this act, to be recovered with costs of suit, in an action of debt, by any person who shall sue for the same. II. And be it further enacted, That upon satisfactory proof being made by the oath of two credible witnesses, before any judge or justice of the peace of the said county, of the storing of gunpowder, contrary to the provisions of this act, it shall be lawful for the said judge or justice, to issue his warrant to the sheriff, or any constable of the said county, to seize the same gunpowder, and sell the same at public auction, and pay the amount of such sale to the overseers of the poor, for the benefit of the poor of said town; and if any person shall be sued for any thing done under and by virtue of this act, it shall be lawful for him to plead the general issue, and give this act and the special matter in evidence. Oertain unold tickets d, &c. CHAP. CXCVII. AN ACT further to amend the Act, entitled " An Act relative to Lotteries," and the Act amending the same. Passed April 13, 1820. I. BE it enacted by the People of the State of New-York, reto be return presented in Senate and Assembly, That the agents appointed by the managers to vend lottery tickets, shall, on the first day of drawing each lottery, forward to the manager conducting the office in the city of New-York, or to the president of the board of managers, for the time being, such tickets and shares of tickets, as may remain in their hands unsold: And the managers of lotteries shall, during the time of drawing, postpone the sale of tickets until after the drawing for the day shall have ended, and shall bring the tickets unsold into the place where the said lottery is drawn, and there publicly seal up the same, and after the drawing for the day is over, shall openly select from the tickets unsold such as shall have been drawn on that day, and the residue may again. offer for sale, at such prices as they shall think discreet, until the next days drawing, and proceed thus, from day to day, until the drawing of the lottery shall be completed. cense reduc II. And be it further enacted, That from and after the first Lottery li day of July next, the sum required for a license to sell lottery cd to 250d. tickets in the city of New-York, shall be reduced from five hundred dollars, to a sum not exceeding two hundred and fifty dollars; any thing contained in the acts hereby amended to the contrary notwithstanding. CHAP. CXCVIII. AN ACT for the relief of Eunice Grimmond. Passed April 13, 1820. E.Grimmond BE it enacted by the People of the State of New-York, re- Certain eɛpresented in Senate and Assembly, That all the right, title, and tate vested in interest which the people of this state have in and to any real or personal estate in the county of Westchester, of which William Grimmond died seised, be and the same is hereby released unto his widow, Eunice Grimmond, to all intents and purposes. CHAP. CXCIX. AN ACT for the relief of the Oldenbarneveld Manufacturing Compa-y. Passed April 13, 1820. troller. I. BE it enacted by the People of the State of New-York, Dutyof comp. represented in Senate and Assembly, That the comptroller is hereby authorised and required to credit the Oldenbarneveld manufacturing society, with two sevenths of the amount due upon the loan made to the said company, by an act passed June 16th, 1812: Provided, the said society, or the individuals to whom they may be responsible, shall release and discharge the estates and representatives of David Spencer and Ephraim Willard, deceased, from the payment of any part of the aforesaid amount, and from all liability whatsoever, to pay to any person or persons whatsoever any sum or sums of money, on account of the said loan, or by way of indemnity for securing said loan. nies how pay II. And be it further enacted, That the remaining five sevenths Residue of of the said amount shall be paid in yearly instalments of four hun- certain modred dollars, including principal and interest, until the whole shall able. be paid; the first payment to be made one year after the passing of this act. torney-gene III. And be it further enacted, That the attorney-general be, Duty of atand he is hereby required to discontinue all proceedings against ral. Adam G. Mappa and others, for the collection of the money so loaned to the said society as aforesaid, upon the payment of all such costs as have accrued upon such proceedings. Killing of muskrats prohibited. CHAP. CC. AN ACT to prevent the killing of Muskrats. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That if any person shall kill or destroy any muskrat between the first day of May and the first day of November, in any one year, after the passing of this act, he shall forfeit and pay the sum of one dollar, for every such offence, one moiety thereof to the person who shall prosecute for the same, and the other moiety to the use of the poor of the town in which the said offence shall be committed; which said penalty shall be recovered in an action of debt, before any court having Provio. cognizance thereof, with costs of suit: Provided always, That this act shall not extend to the killing of any muskrat, within the time aforesaid, along the line of any canal or artificial dam or embankments whatsoever. Fishery in Penalties. Pickerel in СНАР. ССІ. AN ACT for the preservation of Fish in Sand-Lake, in the Passed April 13, 1820. I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the passing of this act, it shall not be lawful for any person or persons at any time or in any manner whatsoever, before the first day of September, in the year one thousand eight hundred and twentytwo, to take any fish of any kind, or to use any means for taking them, in the waters of a certain small lake, in the town of SandLake, in the county of Rensselaer, commonly called by the name of Sand-Lake. II. And be it further enacted, That if any person or persons shall fish contrary to the provision of the preceding section, he or they shall forfeit the sum of ten dollars for each and every offence, to be sued for and recovered by any person who will prosecute for the same, in an action of debt, in his own name; the one moiety thereof shall, when recovered, he paid to the overseers of the poor of the said town of Sand-Lake, for the use of the poor thereof, and the other moiety to the person who shall sue for the same. III. And be it further enacted, That it shall not be lawful for any person, at any time after the passing of this act, to take any pickerel in any of the waters of the lake commonly called by the name of Sand-Lake, in any other way or by any other means than with the Penalties. hook; and if any person or persons shall take any pickerel by any other means, he, she or they shall forfeit and pay for each offence, to any person who will prosecute for the same, in any court having cognizance thereof, with costs of suit, the sum of ten dollars, in an action of debt. CHAP. CCII. AN ACT for the maintenance and protection of the Erie and Passed April 13, 1820. to new roads I. BE it enacted by the People of the State of New-York, re- Provision as presented in Senate and Assembly, That in all cases when a and bridges. new road or public highway is laid out, by legal authority, in such direction as to cross the line of the Erie canal, Champlain canal, or the Salina side cut, after said line is established, and in such manner as to require the erection of a new bridge over either of the said canals, for the accommodation of said road, such bridge shall be so constructed and forever maintained at the expense of the town in which such bridge is to be situated: Provided how- Proviso. ever, That no bridge shall be constructed across either of said canals, without first obtaining for the model and location thereof, the consent in writing, of one of the acting commissioners, or the principal engineer of the canal to be intersected by said road: And provided, that if any person or persons, shall undertake to construct or locate such bridge without such consent, and shall proéeed therein, so far as to place any materials for that purpose on either bank of the canal, or on the bottom thereof, he or they shall be subject to a penalty of fifty dollars for such undertaking, and either of said commissioners or engineers shall be authorised to remove all such materials so soon as they are discovered, wholly without the banks of the canal. II. And be it further enacted, That every person who shall Riding on lead, drive or ride any horse, ox, ass, mule or other cattle towing path upon prohibited. the towing path, or the bank opposite to the towing path, of either of the said canals, except for the purpose of towing boats or other floating things upon the waters thereof, and except, for the purpose of conveying articles to and from the said canals, in order to their transportation on the waters of the same, or their delivery at their place of destination, shall forfeit for every such offence, the sum of five dollars, and pay all damages consequent upon such offence Penalty. over and above the said forfeiture; and in case of default, in the immediate payment of such forfeiture, after conviction of said offence, such person or persons shall be liable to imprisonment in the gaol of the county where such offence shall be committed, for a term not exceeding thirty days, at the discretion of the court before whom such conviction shall he had. And whereas it may happen that the said canals, or the works Recital. connected therewith, may be injured by unforeseen accidents, whereby the navigation may be interrupted, and the lands adjacent thereto may be exposed to damage: Therefore, case of un foreseen acci dents to en. ter on lands. III. Be it further enacted, That for the speedy reparation of Provision in such injury, that whenever, and as often as such case shall happen, it shall be lawful for the said commissioners, or either of them, or of their engineers, or any other person employed by either of them, with carts, waggons or other carriages, with their beasts of draft or burthen, and all necessary tools and implements, to enter upon any lands contiguous to the said canals, or the works connected |
