said acts respectively, that the said meeting was duly convened according to the directions of this act, and that the creditors subscribing the said nomination, constituted the major part in value of the creditors present at such meeting, or such part in value as may be required by the act under which such assignment may have been made, as the case may be, the said chancellor, justice, judge, recorder, or commissioner, shall, by writing under his hand, appoint the person or persons so nominated, to be assignee or assignees of the estate and effects of such debtor; and such appoint ment being acknowledged or proved, as required by law, in cases of conveyances of land, may be recorded in like manner, and the same shall thenceforth operate to vest all the remaining estate and effects of such debtor, in such new assignee or assignees, for the benefit of the creditors, in like manner, and as fully and effectually to all intents and purposes, as the same were vested in such deceased assignee at the time of his death; and such new assignee or assignees, having taken the oath required to be taken, by the original assignee or assignees, shall have the same powers, and be subject to the same duties, and be entitled to the same compensation, as if the said remaining estate and effects had been originally assigned to him or them: Provided, That such meeting of cre- Provisu ditors for the nomination of new assignees, shall be advertised for six weeks successively in the newspaper printed by the printer to this state, and also in some public newspaper, to be published in the county where the proceedings for the relief of such debtor shall have been originally commenced, or if no newspaper shall be published in such county, then in some public newspaper to be published in a contiguous county. bate by death 1. And be it further enacted, That no suit at law or equity, Suits not to a depending in any court of this state, in the name of any assignee so dying, shall abate by his death; but the court in which any such suit shall be depending, upon the suggestion of the death of the former, and of the appointment of the new assignee or assignees, shall allow the name or names of such new assignee or assignees, to be substituted in the place of the name of the former assigneee, and thereupon the suit shall be prosecuted in the name or names of the new assignee or assignees, in the same manner as if be or they had originally commenced the same in his or their own name or names. which this III. And be it further enacted, That the provisions of this act, Cases to shall extend and apply, as well to cases in which any such assignee act to apply shall have died before the passing of this act, as to those in which he shall die after the passing of the same: Provided, That at least thirty days notice shall be given to the opposite party, or his atterney, before any new proceedings shall be had. IV. And be it further enacted, That whenever any assignee or Assignee re assignees shall be desirous to renounce the trust created by any as- trust to acnouncing his signment made in pursuance of, or by virtue of any law of this count & state, relative to insolvent debtors, it shall and may be lawful for such assignee or assignees, to file a full, true, and just account of, his or their transactions as such, and of the estate and effects of said insolvent, remaining undisposed of in the hands, possession, or knowledge of such assignee or assignees, accompanied by an affidavit of the correctness of such account, with the person who. necessary be complete may have appointed such assignee or assignees, or in case of his death, removal, or resignation, with some other officer who is, of shall be authorised, to grant discharges in cases of insolvency, and who shall reside in the city or county where the insolvent resided at the time of his application for a discharge, and it shall be the duty of such officer to grant such assignee or assignees so filing said account, an order, which he or they shall cause to be published in the paper printed by the printers to the state, and in such other paper as the said officer shall direct, for the period of six weeks, requiring the creditors of the insolvent to shew cause, if any they have, on such day and place, as shall be appointed by said officer, and which shall be named in said order, why the said assignee or assignees should not be discharged from his or their said trust, at which day so appointed and named, or on any other subsequent day that the said officer may think proper to appoint; if no sufficient and reasonable cause shall be shewn to the contrary, it shall and may be lawful for such officer, upon the said asProceedings signee or assignees surrendering up the trust as aforesaid, and all fore renuncia the trust, property, and effects in his or their bands, possession tion becomes or control, to appoint in writing, under his hand, such new assignee or assignees as a majority in value of the creditors of such insolvent shall nominate, or in case of no nomination by such majority, to such other discreet and proper person or persons as the said officer shall think expedient, and such appointment in writing, stall be filed with the petition and other, original papers of such insolvent, in the office where said petition and papers were by law directed to be filed, and upon the said new assignee or assignees giving his or their assent in writing, (which said assent, when given, shall be filed with said appointment,) to serve as such assignee or assignees, and upon taking the oath required to be taken by the original assignee or assignees, the said appointment in writing as aforesaid, shall transfer all the remaining estate and effects, vested in the first assignee or assignees, to the said new assignee or assignees, for the benefit of the creditors of such insolvent, and each new assignee or assignees shall have the same powers, and be subject to the same duties, and be entitled to the same compensation, as if the said estate and effects had been originally assigned to him or them; and such change of assignee or assignees shall not abate any suit commenced by, or against any assignee or assignees, but a suggestion upon the record of such suit, of the change of said assignee or assignees, shall keep and sustain such suit in the same situation, as though no change had taken place in the assignee or assignees: Provided, That Lothing in this section contained, shall be deemed or held to exonerate or discharge any assignee or assignees, so renouncing his or their said trust, from any liability which he or they may have incurred in the management of his or their said trust, at any time prior to such renunciation. V. And be it further enacted, That on application in writing, may require of any creditor or creditors, of any insolvent debtor, under any inaccount, and solvent law of this state, to the court of common pleas in any city and county of this state, during the actual sitting of said court, the county where such assignee or assignees shall reside, stating his or their desire to be informed of the situation, extent, and value of such insolvent s estate, assigned to such assignee or assignees, the Proviso. Creditors assignees to how &c said court shall thereupon grant an order, requiring such assignee or assignees to furnish such creditor or creditors, within sixty days after due service of a certified copy of such order, a full, just, and true account of all the said estate, both real and personal, and of the extent, value, and place where the same shall then be, and all accounts, vouchers, and other evidences relating to the same, which such assignee or assignees shall know of, or have received by virtue of, and under such assignment; and that, for such account or statement to be furnished by the said assignee or assignees, in manner aforesaid, the said creditor or creditors requiring the same, shall pay therefor to such assignee or assignees, the sum of seventeen cents for every seventy-two words contained in such statement or account; and that if such assignee or assignees shall neglect or refuse to obey such order, after due service of the same, for every such neglect or refusal, be or they so refusing or neglecting, to obey or comply with the true intent and meaning of such order, shall pay to every creditor obtaining the same, the sum of one hundred dollars, to be recovered by such creditor or creditors, in an action of debt, in any court of record in the state, having cognizance of the same. CHAP. CXVIII. AN ACT to divide the Town of Louisville, in the County of Passed April 9, 1823. Penalty The town of 1. BE it enacted by the People of the State of New-York, re- Norfolk erect presented in Senate and Assembly, That all that part of the said ed town of Louisville, lying southerly of the northerly bounds of the mile square lots known and distinguished on the map and survey of said town, made for the proprietors thereof, as lots thirty-six, thirty-seven, thirty-eight, thirty-nine, forty, forty-one, forty-two, forty-three, forty-four, and forty-five, together with all of lots number thirty-four and thirty-five, situate south of grass river, be, and the same is hereby erected into a separate town, by the name of Norfolk, and that all the remaining part of said town, including the islands within the United States in the river St. Lawrence opposite, be and remain a separate town by the name of Louisville." II. ind be it further enacted, That the first town meeting in Town meet the said town of Norfolk be held at the house of Elisha Adams in ings said town, on the first Monday of May next'; and that the first town meeting in said town of Louisville, be held at the house of Benjamin Daniels, in said town, on the same day, and in both the said towns thereafter, at such time as is established by law. III. And be it further enacted, That all monies remaining in Monies &c. the hands of the town clerk of Louisville, appropriated to the im- to be divided provement of roads, shall be by him paid over, on or before the first day of June next, to the town clerks that shall be elected in the said new towns respectively, in proportion to the last assessment roll; and that all monies belonging to the poor fund of said town, together with the paupers supported by the same, be divided by the overseers of the poor of said towns, on or before the first 140 &c. day of September next, in the proportion aforesaid; and that all monies that shall or may come into the hands of the commissioners Trustees of or trustees of public lands, in the said town of Norfolk, for rent public lands or interest on the lease or sale of the gospel and school lot situate therein, or any part thereof, shall be annually paid over by them to the commissioners of common schools of the said respective towns, in proportion to the last previous assessment rolls Provided always, That whenever, and as soon as any religious society shall be legally organized in either of the said towns, a moiety of the monies arising as aforesaid, after being apportioned or divided between the said towns, shall be paid to the said societies in the town where they are or shall be so organized. Proviso Corporation created CHAP. CXIX. AN ACT to incorporate a Fire Company, in the Village in the Passed April 9, 1823. of I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for Samuel Partridge, and all such persons residing in said village, as have associated or may associate with him, for the purpose procuring one or more engines and other implements for extinguishing fires in said village, to meet together on the first Monday of May next, and choose not less than three, nor more than five of their number to be trustees, to be called the Potsdam fire company, who shall be a body corporate, and shall have perpetual suc cession, and by that name, be capable of suing and being sued in general pow all courts and places, in all manner of actions, and may take, hold and convey property, real and personal, necessary for the purpose of extinguishing fires, and the preservation of the engines, tools and implements of said company. Corporate name and ers Firemen to be appointed exemption II. And be it further enacted, That the said trustees, and their successors, or a majority of theur, shall have full power and authori ty to nominate and appoint a sufficient number of fire-men, willing to accept, not exceeding twenty, to manage the engines, and all the implements aforesaid, and who shall be ready at all times to assist in extinguishing fires, and be exempt from ordinary militia duty, Their duty & and serving as jurors; and that said trustees, or a majority of them, from serving shall have power from time to time, to remove any firemen so apas jurors &c pointed, and to appoint others in their stead, when, and as often as they shall think proper; to establish and ordain rules for the government, duty and behavior of the firemen, and for regulating the times, places and manner of holding their future annual meetings, to appoint a clerk from time to time, who shall make entries in a book, to be by him kept, of the names of the firemen, and the proceedings of the trustees and of the annual meetings, and to esFines may be tablish reasonable fines to be paid by the firemen, not exceeding five dollars for one offence, for violating such rules, which fines may be recovered by either of the said trustees in his own name, before any justice of the peace of said county, and be by them Bpecific pow ers ordained appropriated in procuring and repairing implements for said com pany. long to hold Publie act III. And be it further enacted, That the said trustees shall be Trustees how chosen by the firemen, pursuant to such rules, and shall bold their their offices offices till others shall be chosen in their stead: And further, this act shall be considered a public act, and may be altered, amended or repealed at any time by the legislature. CHAP. CXX. AN ACT to amend the act, entitled "An act to incorporate the Passed April 9, 1823. A ceriain act BE it enacted by the People of the State of New-York repre- continued in sented in Senate and Assembly, That the act, entitled "An act force to incorporate the stockholders of the Oneida Iron and Glass Manufactory, passed March 23, 1810, be, and the same is hereby continued and extended until the twenty-third day of March, one thousand eight hundred and thirty-nine, and that all the provisions of the aforesaid act shall be and remain in full force and virtue, until the time last mentioned. CHAP. CXXI, AN ACT for the Relief of Ezra M. Knapp, Collector of the Passed April 9, 1823. BE it enacted by the People of the State of New-York, re- Duty of cour presented in Senate and Assembly, That it shall and may be ty treasurer lawful for the county treasurer of the county of Onondaga, to receive, at any time between the passing of this act and the first day of August next, of Ezra M. Knapp, collector of the said town of Salina, the return of non-resident lands, together with the taxes charged thereon for the year eighteen hundred and twenty-one, in the same manner and to the same effect as if the said return bad been made by the time now required by the statute, in such case made and provided; and the comptroller is hereby authorised and empowered to receive the same from the treasurer aforesaid: Pro- Provise vided however, That nothing in this act contained, shall be so construed as to discharge the bail of the said collector from any liability they may have incurred, other than the failure of the said collector to make his return aforesaid, |