APPENDIX

TO THE

NEW-YORK STATE REGISTER.

NOTICES OF VARIOUS ACTS PASSED AT THE LEGISLATIVE SESSION OF 1845.

SALT, COAL, LEAD.

Chapter 19 gives permanence to the act of April 18, 1843, to increase the revenues of the State by means of bounties on Salt, Coal, Lead &c. The rates of bounty are stated in connection with the rates of toll. See p. 380 N. Y. State Register.

STATE MEDICAL SOCIETY.

Chapter 8 authorizes this society to elect annually two permanent members from each Senate District.

PATENT RIGHTS.

Chapter 11 gives to any married woman, being a resident of this State, who shall obtain a patent under the laws of Congress for any invention of her own, the legal capacity to hold, enjoy and dispose of the same in all respects as if she were a feme sole, except that she cannot make any money contract to be discharged at a future time.

PERSONS DISGUISED AND ARMED.

Chapter 3 is an act "to prevent persons from appearing disguised and armed."

Every person having his face painted, or concealed, or being in any way disguised to prevent his being identified, who shall appear in any road, field, woods, or enclosure, may be arrested by any officer, or other citizen, without process, in order to be taken before a magistrate; and if he do not give a good account of himself he shall be deemed a vagrant, and may be sent to jail for not over six months.

Every assemblage of three or more such disguised persons in a public house, or other place, is a misdemeanor, punishable by imprisonment not over a year; and every person so disguised, if convicted, when charged with being armed with sword, fire-arms, or other offensive weapon, shall be punished by imprisonment in jail not over a year, or by fine not over $250, or by both; or may be sent to State Prison for two years.

Any sheriff, or other peace officer, can call out such a posse as he may deem requisite, and armed as he may direct, to assist in executing this act; and every citizen thus called out, and not obeying, without good excuse, is guilty of a misdemeanor, and subject to a fine not over $250, or imprisonment not over a year, or both.

Any magistrate may depute any elector to arrest any such disguised person to bring him up for examination, and if the name of such disguised person is not known, any fictitious name for him may be inserted in the

warrant.

STATE LIBRARY.

Chapter 85 gives to the Heads of Executive Departments, and to the Trustees of the Library, the same right as members of the Legislature have, to take out books. The Trustees may sell or exchange duplicate or Imperfect books, and may present copies of the State Laws and public documents to such foreign governments as send books or works of art to the State. The act appropriates also $4,000 to purchase the valuable collection of David B. Warden, of Paris, provided the collection be delivered for that sum including all charges.

AGRICULTURE.

Chapter 60 extends the acts of May 5, 1841, and of May 7, 1844, for two years from May 5, 1846, when by their own limitations they would expire. Thus the annual appropriation of $8,000, in various parcels, to the several counties and to the State Agricultural Society is continued to May 5, 1948.

STATE CONVENTION.

Chapter 252 recommends a Convention to revise and amend the State Constitution.

The people to decide by ballot at the November election in 1845, whether they will have such convention; and if a majority vote for it, the election of delegates shall take place on the last Tuesday in April, 1846; the number of delegates to be the same as members of Assembly.

The Convention is to meet on the first Monday in June, 1846. The pay of the delegates, president, and other officers, to be the same, respectively, as that of members of the Assembly and its officers.

The proceedings of the Convention are all to be filed in the Secretary of State's office; and the proposed amendments of the Constitution shall, at the annual election in November, 1846, be laid before the people, to be adopted or rejected, by their votes. The amendments are, for this purpose, to be so arranged, by numbering or otherwise, that they may be voted on separately, unless the Convention shall, by resolution, declare such arrangement impracticable, in which case they shall be voted on collectively. Such of them as shall have a majority of votes for them shall become parts of the Constitution, and take effect on the 1st of January, 1847, unless the convention shall fix some other day. All proposed amendments not having a majority of votes to be null and void.

The act provides for the various details of the case, and makes the genera election law applicable so far as may be it must be published in the newspapers in all the counties for twelve successive weeks prior to the election in November, 1845.

PRESERVATION OF PUBLIC ORDER.

Chapter 69 is an act "to enforce the laws and preserve order." On the written application of certain local authorities in any of the counties or cities of the State, the Governor may make loans to them of arms &c., from any of the State arsenals or military stores; he may also empower such authorities to make contracts for organizing guards to protect jails or other prisons, and for the safe keeping of prisoners, or to enforce any process or judgment of a court; and he may modify or revoke any such loan or authority to make any such contract; the Governor, or if he omits acting, the sheriff, or his deputy, may designate the officer or officers, to command any such guards, and may prescribe regulations for their bservance.

The sheriff, or other officer, if he is resisted, or has reason to expect resistance, may call out such posse of armed citizens, or such military

force, as he may deem needful; and he may arrest and secure resisters to be dealt with according to law. Every person making resistance to the execution of process is guilty of a misdemeanor, punishable by fine not exceeding $1,000, or imprisonment for not over a year, or both.

If the power of a county, in any case, is found insufficient, the Governor may, by proclamation, declare such county in a state of insurrection, and he may call out such portion of the military force of the state as he may deem necessary, and under such commanders as he may designate. After such proclamation, every person who resists process, or attempts to rescue a prisoner, or resists the force called out, is guilty of FELONY, and may be sent, on conviction, to the State Prison for not less than two years. All expenses under this act in and for any county are to be paid by such county, and the more general expenses under the proclamation of the Gov. ernor, by the State.

CLINTON PRISON.

Chapter 70 provides for the completion of the new State Prison in Clinton county.

All waters on the tract attached to the prison may be taken for its use, and damages claimed therefor are to be assessed by any three county judges not interested, and paid out of the prison funds. All uncultivated lands of the State within twenty miles of the prison shall be kept to supply fuel for making iron thereat. A good road is to be made from the prison to the navigable waters of Lake Champlain, half the cost to be paid by the State and half assessed on the adjacent lands. No license shall be granted to sell intoxicating liquors within three miles of the prison; and every person who shall so sell such liquor is subjected to a penalty of $50, half to the informer and half for the poor. The agent may sell, for cash only, ore raised by convicts, and apply the proceeds to the support of the prison; he may draw the necessary arms, &c., for the prison guard, from the State arsenal at Albany; and the laws and public documents sent to the other State prisons shall be sent to this prison. To build and fit out this prison 75,000 dollars are granted.

PROOF AND ACKNOWLEDgment of DEEDS.

Chapter 109 enacts that the proof, or acknowledgment of a deed, or mortgage, before the mayor of any city in the Union, certified by him, shall be as valid as if taken before a Supreme Court Judge of this State.

RECORDING PATENTS FOR LANDS.

Chapter 110 enacts that all etters patent under the great seal of this State, besides being recorded in the Secretary of State's office, as now, may be recorded like any other deed, in the county where the land lies, at the request of the patentee, or subsequent owner.

DEBTS OF INSOLVENT SAFETY FUND BANKS.

Chapter 114 provides for paying the debts of the insolvent S. F. Banks. The receiver of every such Bank is directed to make, within 30 days from the date of the Act, (April 23, 1845,) a detailed and sworn statement to the Comptroller, of the debts due by such Bank, and the sum in his opimion required from the Safety Fund, beyond the avails of such Bank, to pay its debts.

The whole amount thus due from all such Banks being so liquidated, the Comptroller shall issue stock to the same amount, declared on the face thereof to be payable only from the future contributions of the Safety Fund as they accrue, after paying therefrom the interest on such stock.

Such stock may be sold or exchanged for such debts, at not less than par, and as soon as it is ascertained that the proceeds are sufficient to pay of said debts, the Comptroller shall give notice in the State paper, and in wo papers in each county, that the notes and all other debts of such Banks Will be redeemed at par. In exchanging stock for Bank notes, the stock shall be made payable when such notes would be under the Safety Fund

act.

The Attorney General may revive suspended suits against such Banks commenced by a Bank Commissioner, if he deem it necessary for the full relief of creditors. A receiver may, under direction of the Chancellor, exclude from the statement required by section nine of the Safety Fund act, demands in litigation, or not to be sold without great sacrifice, and may pay off creditors, leaving such demands to be paid to the Safety Fund if ever collected.

No receiver may be interested in any way, in any costs, or fees, arising from his proceedings as receiver, under penalty of removal, with forfeiture of all compensation.

RESIDENT ALIENS.

Chapter 115 enables resident aliens to hold and convey real estate.

Any resident alien who has taken or shall take, by purchase, or devise, real estate, before filing the certificate of his intention to become a citizen under sec. 15, title 1, ch. 2 pt. 2 R. S., may, on so doing, hold such estate precisely as if a citizen.

If such alien died seized of real estate before the passage of this act, or so die hereafter, his wife, whether alien or citizen, shall have dower therein, except in estate already conveyed prior to this act

The alien wife of a citizen shall have dower as if she were a citizen. All persons, whether aliens or citizens, related to a deceased resident alien as heirs at law, may take, as such heirs, provided such of them as are males of full age file the certificate above named. So also devisees, or grantees, of such alien, may hold as such, if such of them as are aliens and males of full age, file said certificate.

A resident alien woman may hold as a devisee, and may execute powers relating to the devise, as if she were a citizen. The same legal capacity is given to her, in relation to any beneficial interest, or estate, created by marriage settlement, or by devise, under the statute of Uses and Trusts. All grants, devises, leases, mortgages, from an alien to a resident alien, or citizen, and any beneficial interest created by a resident alien capable of holding the same as a trustee, and all rents, covenants and conditions are declared valid as if made by citizens.

All proceedings to recover, for alienage, lands held by a resident alien, shall be stayed on his filing the certificate above named and paying costs up to serving such certificate on the Attorney General. So in all proceedings as for escheat.

All aliens holding estate under this act shall be subject to all taxes and assessments, as a citizen; but they cannot hold office nor vote, nor serve as jurors.

Sec. 19, Tit. 1, Ch. 1, Pt. 2 R. S. concerning mortgages to aliens, their heirs and assigns, to secure purchase money &c., is made applicable to this act; and all parts of Tit. 12, Ch 9, Pt. 1 R. S., repugnant hereto, are repealed, as are the acts of April 26, 1832, and April 29, 1833, concerning es cheats. All rights acquired by purchase in good faith, or by descent cast, before notice of this act, are saved.