names of such delinquents shall be returned to the proper court-martial by the brigade-inspector or the adjutant, as the case may require, within thirty days after such meeting. $4. The provisions and requirements of the sixth section of the Brooklyn. tenth Title of the tenth Chapter of the Revised Statutes, entitled "Of the militia and the public defence," shall apply to the village of Brooklyn, in the said county of Kings. Act relating to the Election of Town Officers. An act concerning the election of justices of the peace. Passed elected. $1. Justices of the peace shall hereafter be elected by the people Justices, of the several towns of this state, at the times and in the manner pre- when to be scribed by the eleventh Chapter of the First Part of the Revised Statutes, for the election of supervisor and other town officers required to be elected by ballot. $2. The clerk of every town-meeting, at which an election for Duty of town justice of the peace shall have been had, shall, within ten days there- clerk. after, transmit to the clerk of his county, a certificate of the result of such election, under his hand, which shall be evidence of the facts therein certified. to enter on $3. The persons so elected justices of the peace, shall enter upon Justices when the duties of their respective offices on the first day of January next suc- their duties. ceeding their election; and in case more than one justice shall be elected in any town at the same election, their term of office shall be determined by lot, in the manner provided by law, before the commencement of such term. $ 4. This act shall take effect on the second day of January, one when to thousand eight hundred and thirty. Acts relating to County Officers. An act to alter the time of annual meeting of the board of supervisors in the county of Dutchess. Passed January 21, 1829. Chap. 8, p. 78. $1. From and after the passage of this act the board of supervi sors in the county Dutchess shall hold their annual meeting in each and every year, on the first Monday in October. LOAN OFFICERS AND COMMISSIONERS OF LOANS. An act for loaning monies belonging to this state. Passed 14th take effect. WHEREAS it is proper that part of the money belonging to the peo- Preamble. ple of this state, should be loaned to the citizens of this state, in the several counties in the manner herein after mentioned: Therefore, (1) K. & R. v. 2, p. 400. Judges and supervisors loan officers for their re spectivo counties. $1. Be it enacted by the People of the State of New-York, reto elect two presented in Senate and Assembly, and it is hereby enacted by the authority of the same, That the judges of the court of common pleas, or any one or more of them, and the supervisors, or a majority of them, in the respective counties of this state, shall meet together on the first Tuesday of May next, or as soon thereafter as conveniently may be, at the place where the court of common pleas was last held in such county, and shall then and there by a majority of votes, elect two sufficient freeholders in their respective counties, to be loan-officers in the county in which they shall be elected, for the purposes intended by this act. To give bond. Their oath. Declared to porate and politic. $2. And be it further enacted by the authority aforesaid, That before the said loan-officers shall respectively enter upon their said office, every of them shall give bond to the people of the state of NewYork, with such sufficient security as shall be approved of by one or more of the judges of the court of common pleas of the county, together with a majority of the supervisors of the same county, signified by signing such, his and their approbation, on the back of the said bond, which bond shall be in the full sum by this act committed to his charge, with condition, for the true and faithful performance of his office and duty, and that without favor, malice or partiality. S3. And be it further enacted by the authority aforesaid, That each loan-officer respectively shall take the following oath, viz: “I do swear, that I will, according to the best of my skill and knowledge, faithfully, impartially and truly demean myself, in discharge of the trust committed to me, as one of the loan-officers of the county of by the act, entitled 'An act for loaning monies belonging to this state,' according to the purport, true intent and meaning of the said act, so as the public may not be prejudiced by my consent, privity or procurement;" which oath shall be administered by any justice of the peace, and be endorsed on the said bond, and be signed by such justice and loan-officer, and the bond so endorsed, shall be lodged with the clerk of the county, who upon receipt thereof, shall give the loanofficer a certificate that such bond, endorsed as aforesaid, is lodged with him, which certificate shall be delivered to the treasurer of this state, on his delivering to the loan-officer, the money herein after directed to be delivered to such loan-officer; and every such bond, and the endorsements thereon, shall be recorded by the clerk; and in case of the forfeiture of any such bond, the major part of the supervisors of the county may direct the same bond to be put in suit, and the monies recovered by virtue thereof, shall be applied to the use of the county. $4. And be it further enacted by the authority aforesaid, That be bodies for the new loan-officers of the several counties, shall respectively be bodies politic and corporate, in fact and in law, by the name and style of "The New Loan-Officers of the County," of which they are respectively loan-officers, with full power to every of the said bodies politic to have and use a common seal, and under the same seal, and in the name of the same bodies politic, to give receipts, to take mortgages, and execute releases and conveyances of the mortgaged premises; and to sue and be sued, and generally with all such powers as are necessary for the due execution of the trusts reposed in them by this act. pay monies to loa-officers. $5. And be it further enacted by the authority aforesaid, That Treasurer to the treasurer of this state shall, upon producing to him the certificates an officers. above directed, pay to the new loan-officers of the several counties, the sums following, that is to say: to the loan-officers of the county Amount to of New-York, the sum of nineteen thousand three hundred pounds: be paid to the to the loan-officers of the county of Albany, the sum of sixteen thousand four hundred pounds: to the loan-officers of the county of Suffolk, the sum of nine thousand six hundred pounds: to the loan-officers of the county of Queens, the sum of eight thousand six hundred pounds to the loan-officers of the county of Kings, the sum of one thousand nine hundred pounds: to the loan-officers of the county of Richmond, the sum of one thousand nine hundred pounds: to the loan-officers of the county of Westchester, the sum of fourteen thousand one hundred pounds: to the loan-officers of the county of Dutchess, the sum of twenty-seven thousand two hundred pounds: to the loan-officers of the county of Orange, the sum of ten thousand nine hundred pounds to the loan-officers of the county of Ulster, the sum of sixteen thousand two hundred pounds: to the loan-officers of the county of Columbia, the sum of sixteen thousand three hundred pounds: to the loan-officers of the county of Rensselaer, the sum of thirteen thousand four hundred pounds: to the loan-officers of the county of Washington, the sum of thirteen thousand four hundred pounds: to the loan-officers of the county of Clinton, the sum of one thousand four hundred pounds: to the loan-officers of the county of Saratoga, the sum of ten thousand four hundred pounds: to the loan-officers of the county of Montgomery, the sum of nine thousand four hundred pounds: to the loanofficers of the county of Otsego, the sum of three thousand pounds: to the loan-officers of the county of Herkimer, the sum of two thousand eight hundred pounds: to the loan-officers of the county of Tioga, the sum of two thousand six hundred pounds: and to the loan-officers of the county of Ontario, the sum of one thousand two hundred pounds. And the respective loan-officers shall give receipts for the said respective sums, to the said treasurer, upon the certificate herein before directed to be given, by the clerk of the county, and which receipts shall be sufficient discharges to the treasurer, his executors and administrators, for the said sums respectively. to loan out &c. $6. And be it further enacted by the authority aforesaid, That Loan officers when the said loan-officers have respectively qualified themselves as said monies, by this act is directed, they shall receive from the treasurer, the said sums above directed to be paid to them respectively, and shall loan out the same to such persons as shall apply for the same, and can and will give security to the said loan-officers, by mortgage on improved lands in the same county, then in the actual occupation of the borrower; they the said loan-officers first giving public notice in writing, to be fixed up at the court-house in the county, or at the place where the court of common pleas was then last held in the same county, and at four other public places in the same county, that on a certain day, at least ten days after the said notice given, they will be ready to receive borrowers qualified according to the directions of this act; and as on that day borrowers offer, their names and the sums Proviso. To examine titles, &c. gagur. they apply for, shall be orderly entered in the minute book of proceedings herein after mentioned, and every one shall be served according to the priority of application, if there be no reasonable objections against the title and value of the lands offered to be mortgaged, or some other sufficient reasons, which shall be entered also in the minute book of proceedings: Provided always, That if upon the first day, so many borrowers offer, as to apply for a greater sum than the whole sum in that county to be lent out, then and in such case, every such borrower shall be abated of the sum applied for, proportionably: Provided always, That the loans aforesaid, shall be in proportion to the value of the lands only, exclusive of the buildings thereon. $7. And be it further enacted by the authority aforesaid, That the new loan-officers respectively, before they accept of the said lands in mortgage, for any of the said money, shall first view what is so offered in mortgage, or make due inquiry respecting the value thereof, and shall examine the titles thereto by perusing the deeds, patents, surveys and other writings and conveyances, by which the same are held, and by which the value and quantity may be the better known; and the said loan-officers respectively are hereby empowered and required, to administer to all persons applying for any of the money as Oath of mort aforesaid, the following oath, viz: "I do swear, that I am bona fide seised in fee simple, of the lands, tenements and hereditaments, by me now offered to be mortgaged, in my own right and to my own use; and that the same were not conveyed to me, in trust, to borrow any sum or sums of money upon the same, for the use of any other person or persons whatsoever, and that the said premises are free and clear from any other or former gift, grant, sale, mortgage, judgment, recognizance or other incumbrance whatsoever, to my knowledge and belief." And for the better satisfaction of the loan-officers as to the title and value of what is offered in mortgage by borrowers, the loan-officers, or either of them, are hereby authorised and empowered to examine the borrower and witnesses concerning the same, upon oath, and to administer such oath; a brief and minute of which examination, and the names of the persons so examined, shall be entered in the said minute book of proceedings. And the loan-officers of the several counties of Clinton, Otsego, Herkimer, Tioga and Ontario, shall not take any mortgage for any of the monies, unless the title of the borrower to the lands mortgaged, shall be first duly recorded or deposited with the loan-officers. Duty of $8. And be it further enacted by the authority aforesaid, That loan officers, the new loan-officers of the several counties in this state respectively, satisfied with upon finding borrowers qualified, and upon being satisfied as afore upon being borrowers' titles. said, as to the title and value of the lands offered to be mortgaged, shall and may, by virtue of this act, lend out the money delivered to them as aforesaid, at the interest of six per cent. per annum, in sums not exceeding three hundred pounds, nor under thirty pounds, unless the proportion as aforesaid be less to any one person, and shall take security for the same, by way of mortgage as aforesaid, on improved lands then in the actual possession of the borrower, and situated in the same county of which they are loan-officers, of at least double the value, exclusive of the buildings or rent charged thereon, of the sum so loaned; and shall also administer an oath or affirmation to the borrower as aforesaid; and the said mortgage shall be executed before two or more witnesses signing thereto, and the substance thereof shall be minuted in a book, to be by the said loan-officers kept for that purpose, in each respective county; for the making of which mortgage and minute, the borrower shall pay to the said loan-officers the sum of four shillings, and no more; which mortgage and minute shall be and each of them are hereby declared to be matter of record; and an attested copy of the said mortgage, if in being, or of the said minute in case the said mortgage is lost, under the hands of the said loanofficers, and the seal of the said loan-office shall be good evidence of the said mortgage in any court within this state. principal, $9. And be it further enacted by the authority aforesaid, That Interest and the interest of the money lent out as aforesaid, shall be payable yearly, when payaon the first Tuesday in May in every year, and it shall be optional ble. with the borrowers to repay the principal sum at any time before the first day of May, one thousand eight hundred and two; and if legislative provision shall be made for the payment of the said principal, or any part thereof, after the said first day of May, one thousand eight hundred and two, the borrower shall be allowed the farther time of one year for the re-payment thereof; and the respective loan-officers are hereby required, at the lending of the money, to take the security for the same accordingly; and the said loan-officers, for every sum paid to them, shall give to the person paying the same, a receipt, and shall enter one minute of the same payment on the back of the mortgage, and another minute thereof on the book of accounts by them to be kept, and that without any fee or reward; but if the borrower, his heirs, executors, administrators or assigns, shall pay in a fourth, or a half part, or three-quarters, or the whole of the principal due to the said loan-officers, on any first Tuesday of May in any year, the said loan-officers are hereby required and empowered to receive the same on the said first Tuesday of May annually, and on no other day of the year, unless so many shall offer payment on that day that the said loan-officers cannot, within the day, receive the whole; and in that case, they are to continue to receive, until all who on that day offered, have paid the monies so offered, or unless he brings with him another sufficient borrower to give new security to the satisfaction of the loan-officers for the whole of the money by him paid in, and in that case the loan-officers shall accept thereof, on any of their stated days of meeting; and when the whole of the principal and interest is Duty of loan paid, the said loan-officers shall, (if required,) give the party pay- new borrow ing, a release of the mortgage given by the borrower, and shall tear offers offer, and the name and seal, and make an entry on the margin of the mortgage, monies to and in the margin of the minute made thereof, that on such day and year such release was made; for which release the releasee shall pay the sum of two shillings, and no more; and when any parts of the principal are paid in as aforesaid, the loan-officers shall, at the end of that meeting, compute the whole of the principal so paid in, and give public notice of the amount thereof, by advertisements set up, and that they are ready to lend the said monies to such persons as shall appear to be qualified according to the directions of this act, to borrow the same; and in the lending and taking security, shall conform themselves, (as near as the circumstances of the case can admit,) to officers if they have loan. |