CHAP. 15. AN ACT to amend an act entitled “An act for granting certain privileges to the college, heretofore called Kings college for altering the name and charter thereof, and erecting an university within this State" passed the 1st day of May 1784. PASSED the 26th of November, 1784 Preamble; WHEREAS it is represented to the legislature, that the dispersed Regents of University, residences of many of the regents of the university of this State, and difficulty the largeness of the quorum, who are made capable of business, the of securing interest and prosperity of the said university, have been greatly quorum. etc. Additional Regents named. obstructed: And it is also represented, that certain doubts have arisen in the construction of the act entitled "An act for granting certain privileges to the college heretofore called Kings-college, for altering the name and charter thereof and erecting an university within this State passed the 1st day of May 1784." For remedy whereof. Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That in addition to the regents appointed in and by the before mentioned act, the several persons herein after named, shall be and hereby respectively are constituted regents of the said university (that is to say) John Jay, Samuel Provost, John H. Livingston, John Rodgers, John Mason, John Ganoe, John Daniel Gros, Johann Ch. Kunze, Joseph Delaplain, Gershom Seixas, Alexander Hamilton, John Laurance, John Rutherford, Morgan Lewis, Leonard Lispenard, John Cochran, Charles McKnight, Thomas Jones, Malachi Treat and Nicholas Romain of New York, Peter W. Yates, Mathew Vischer and Heenlock Woodruf of Albany, George I. L. Doll of Ulster, John Vanderbilt of Kings. Thomas Romain of Montgomery, Samuel Buel of Suffolk, Gilbert Livingston of Dutchess Nathan Kerr of Orange Ebenezer Lockwood of West-chester, John Lloyd Jun of Queens, Harmanus Garrison of Richmond & Ebenezer Russell of Washington. And that the said respective regents, hereby constituted, shall enjoy the same power and authorpower and ity, as are granted to, and vested in the other regents appointed by the authority. said act, as fully and effectually, as if they had been therein expressly New Regents to enjoy full Number of named. And be it further enacted by the authority aforesaid That it shall and. may be lawful, to and for the chancellor of the said university, and in his absence the vice chancellor, and in the absence of both, the regent next nominated in the before mentioned act who shall be present, together with any eight or more of the regents duly convened to form a quorum for the dispatch of the business and affairs of the said university, whose acts and proceedings shall be as valid and effectual to all intents and purposes, as if all the members of the said regency were What con- actually present. Provided always, that to constitute a legal meeting of legal meet the regents, the time and place for holding the same, shall be previously fixed by the chancellor, or in his absence the vice chancellor, or in the absence of both, the regent next nominated in the said act, by writing under his hand, and notice thereof signed by the secretary of the university shall previously be advertised in one of the public newspapers for at least two weeks, to give all the regents within a convenient distance, an opportunity of attending. stitutes a ing of Regents. meeting, And be it further enacted by the authority aforesaid, That there shall Annual be an annual meeting of the Regents of the said university, which shall time and be held at the time and place, where the legislature shall first be con- place. vened after the first Monday of July in every year and that at every such meeting, the acts and proceedings of the regents of the university, shall be reported and examined. chosen; to power. And be it further enacted by the authority aforesaid, That it shall and Clerical remay be lawful to and for the clergy of each respective religious denom- gets how ination in this State, respectively to meet at such time and place as have full they shall deem proper after the passing of this act, and then and there by a majority of voices of the members of each respective denomination so assembled, to elect one of each of their respective bodies to be a regent of the said university, and in case of death or resignation, to elect successors in the same manner; and every regent so elected shall have the like powers as any regent constituted by this act, or the act hereby amended. next meet And be it further enacted by the authority aforesaid, That the next meet- Time of ing of the regents of the said university, shall be held at the senate ing fixed. chamber, the day after the rising of the legislature, if that day shall not happen on Sunday, in which case, the said meeting shall be held on the day succeeding, and a sufficient quorum of the regents being assembled shall have power to adjourn from time to time, and to any place, they shall think fit for the dispatch of the business of the said university. to advance use of And be it further enacted by the authority aforesaid, That it shall and Treasury may be lawful to and for the treasurer of this State, and he is hereby monies for authorised and required to advance, to the treasurer of the said uni- Columbia versity for the use of Columbia college, a sum not exceeding two thous- College. and five hundred and fifty two pounds, for which the said regents shall be accountable out of the funds of the said Columbia college. CHAP. 16. AN ACT to compel the payment of the arrears of taxes, for enforcing the payment of fines and amerciaments, obliging sheriffs to give security for the due execution of their offices, and for other purposes. PASSED the 26th of November, 1784. failure to of £100,000 certain WHEREAS it has been represented to the legislature that the tax Preamble; directed to be raised by virtue of the act entitled "An act for raising collect £100,000 within the several counties therein mentioned" passed the special tax 6th May 1784, has not been raised and collected, and that in some of levied on the towns manors districts precincts and wards no assessments have counties. been made within the time directed, and in others the assessments have been made without the assessors having been previously qualified; and doubts have arisen whether the said tax can be collected without farther legislative provision. Assessors to com sessments Be it therefore enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of plete asthe same, That the assessors of the respective districts towns manors with precincts and wards in the several counties wherein the said tax was all possible dispatch directed to be raised who have not made or completed the assessments Oath of assessors. Appointment of county where vacancy exists. as directed by the said act, shall with all possible despatch after the an assessor And be it further enacted by the authority aforesaid, That the supervisors in the several counties within this State (except in the city and treasurer, county of New York) wherein no county treasurer, is appointed, shall forthwith meet together and in the manner heretofore accustomed within this State appoint some fit person to that office, and in case of neglect of the supervisor to make such appointment for the space of thirty days. next after the day of the passing of this act each such supervisor so neglecting shall forfeit the sum of one hundred pounds to be recovered with costs in an action of debt by the treasurer of this State in his own name for the use of the people thereof. Forfeitures, creased; attorney for. And be it further enacted by the authority aforesaid, That the forfeiture amount in- of twenty pounds mentioned in the thirteenth section of the aforesaid act shall be and is hereby encreased to the sum of one hundred general to pounds. And the several officers mentioned in this act, for every negprosecute lect.or refusal to execute the duties thereby enjoined on them respectively, besides the aforesaid forfeitures by the aforesaid acts or herein declared, are hereby declared to be and made subject to a prosection at the suit of the people of this State by information in the name of the attorney general; and it is hereby expressly made his duty on the report of the treasurer of this State that either of the said officers have neglected or refused to execute or perform any duty thereby enjoined on him, to file and prosecute such information, any former or other law to the contrary thereof, in any wise notwithstanding; and that in such prosecution or prosecutions the defendant or defendants shall not be allowed more than one imparlance, and if convicted shall have judgment against him or them for such fine or fines as the court in which the information may be prosecuted shall adjudge, with the costs of the prosecution. Former as and collec And be it further enacted by the authority aforesaid That the assesssessments ments which have been made in pursuance of the aforesaid act, and the tion de- tax or any part thereof which has been collected in pursuance of the said act, are hereby declared to be valid and effectual, notwithstanding the assessors at the time of making such assessment had not taken thê oath or affirmation by law prescribed. clared valid. Time fixed for pay And whereas the time limitted in and by the aforesaid act for the payment of ment of the first moiety of the monies thereby directed to be raised, is monies to elapsed. Be it therefore enacted by the authority aforesaid, that the first moiety of the said tax shall be paid into the treasury of this State on or State treas urer. before the first day of March next and the other moiety thereof on or before the first day of October next. of town of charged ties. And be it further enacted by the authority aforesaid That Joshua Pine Assessors George Briggs and Eden Hunt, assessors of the burrough and town of WestchesWest Chester, who assessed the sum apportioned to the said burrough ter disand town, pursuant to the act for raising one hundred thousand pounds from cerwithin the several counties therein mentioned, according to the direc- tain penal tions of the said act, shall be and are hereby declared to be discharged from suits commenced against them respectively for the penalty of twenty five pounds, as having been incurred by them respectively for having neglected to take the oath of an assessor as prescribed by the act entitled "An act for increasing the number of assessors throughout. this State"; and that the attorney general of this State shall enter discontinuances in the said several suits, and not farther prosecute the same. effect of; allowed in And be it further enacted by the authority aforesaid That no writ of Certiorari, certiorari already issued to remove the proceeding of any justice of the writs of, peace who may have given judgment in favor of any collector against not to be any person or persons for neglecting or refusing to pay the tax assessed certain on him her or them by virtue of the said act entitled "An act for raising cases. £100,000 within the several counties therein mentioned" shall stay or supersede the execution thereon; and that no writ of certiorari shall be hereafter allowed to remove the proceedings of any justice of the peace who shall give judgment in favor of any collector against any person or persons who shall neglect or refuse to pay the tax asssessed on him her or them by virtue of the act aforesaid, or by virtue of any of the acts herein after mentioned to compel the payment of the arrearage of taxes therein specified, any law to the contrary notwithstanding. And whereas the fine imposed on county treasurers by the act entitled "An act to compel the payment of the arrearages of taxes" passed 24th July 1782, is inadequate, by county quad Be it therefore enacted by the authority aforesaid, That instead of the Penalty forfeiture of fifty pounds imposed by the last mentioned act on the for neglect county treasurer for neglect or refusal to perform the duties prescribed treasurer by the said act, the said county treasurer shall for every future neglect rupled. or refusal forfeit the sum of two hundred pounds, to be recovered and applied in the same manner as in the second clause of this act is directed. pay as to tax And whereas it has been represented to the legislature that some of Preamble, the supervisors and collectors of the wards towns manors districts or its lost, precincts mentioned in the said act entitled "An act to compel the etc. ment of the arrearages of taxes have not within the time thereby directed delivered the tax lists therein mentioned or copies thereof to the county treasurers, and that some of the tax lists have been lost or destroyed, by means whereof the said taxes have not been collected. ors and county Be it therefore enacted by the authority aforesaid That the said super- Supervisvisors or collectors of the said wards towns manors districts or pre- or actors cincts, or any of their successors in whose hands or possession any of to deliver the said tax lists shall be at the time of the passing of this act, shall tax lists to within three kalender months after the passing of this act, deliver the treasurer same to the county treasurer of the county in which the assessment was three made; and that each supervisor or collector who shall neglect so to do, months. shall forfeit the sum of one hundred pounds, besides costs of suit, to be recovered and applied as in the second clause of this act is directed. within And be it further enacted by the authority aforesaid, That where the Proceedtax lists of any ward town manor district or precinct shall not be ings by county treasurer to notify persons, delivered to the county treasurer, the treasurer of the county shall in where tax that case proceed without delay to ascertain the value of the money delivered. agreeable to the fourth clause of the act entitled "An act to compel the payment of the arrearages of taxes at which such ward town manor district or precinct had been quotaed, and which remains unpaid to the treasurer of the county; and thereupon direct the assessors thereof to apportion the same as in and by the act the tax list whereon is so lost or destroyed, is directed; and each assessor who shall neglect or refuse to make such apportionment shall forfeit the sum of one hundred pounds, besides the costs of prosecution, to be recovered and Assessors applied as in the said second clause is directed: Provided that before the respective assessors proceed to make their assessments on the inhabitants of the ward town manor district or precinct aforesaid for the purpose mentioned in this clause, they shall respectively cause advertizements to be put up in at least three of the most public places in the said ward town manor district or precinct, notifying that they will respectively meet at a certain time and place therein to be mentioned, to make such assessment as in this clause is mentioned; and it shall be lawful for the said assessors respectively to administer an oath, or if of the people called Quakers an affirmation, to each person respectively who cannot otherwise prove that he has paid the said tax to be assessed; and upon such oath or affirmation being made, or other proof given of the payment of the tax, to omit to assess such person on any sum for the said tax. who have previously paid their taxes, to make proof thereof. Certain paid. cuted by county treasurer. And be it further enacted by the authority aforesaid, That the taxes taxes to be directed to be paid by the said last mentioned act, shall be paid into the treasury of this State on or before the first day of October next. Collectors, And be it further enacted by the authority aforesaid, That in case any penalty for collector or collectors shall have neglected to pay the monies or any neglect; to be prose- part thereof by him or them collected in pursuance of the said last mentioned act and shall neglect to pay the same into the county treasury, in specie, (according to the value of such monies when he or they should have paid the same into the treasury) within three months after the passing of this act, every such collector so neglecting shall forfeit and pay to the people of this State, besides costs, a sum in specie equal to the several sums by him or them so collected, to be recovered without delay, in an action of debt, or upon the case, in the name of the said treasurer, in any court of record in this State, and by him be paid Treasurer into the treasury thereof. And in case the said treasurer shall neglect who does to prosecute for the said forfeitures, or any of them, as aforesaid, he not prosecute to be shall be accountable for the amount thereof to the treasurer of this ble for State as so much money actually received by him for the use of this amount of State. accounta deficiency. County accounta And be it further enacted by the authority aforesaid That in case any treasurers county treasurer or treasurers shall have neglected to pay into the treasble to State ury of this State any monies by him or them received for taxes, such treasurer treasurers, and every of them, shall be accountable to the treasurer of monies re- this State for the amount of such sums of money so by him or them for all ceived; may be prosecuted. Interest not to be allowed on certifi received, according to the value thereof at the time he or they shall so have received the same. And the said treasurer of this State is hereby authorized and required to prosecute for the same without delay in his own name in any court of record in this State in an action of debt, or upon the case, wherein he shall recover with costs. And be it further enacted by the authority aforesaid That the collectors respectively in this act mentioned shall not allow to the person or persons respectively who may be in arrear for taxes, any interest on the |