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report, in relation to the date of the mortgage executed by Jeremiah Chase: from the original entry in the Comptroller's books, the mortgage appears to have been executed on the 15th day of September, 1795. In 1826 the petitioner again applied, and her petition was referred to the committee on grievances, (Assembly Journal, 1826, p. 895.) No further proceedings appear to have been had at that session. By the Assembly Journal of 1828, it appears that the petitioner again applied, and her petition was again referred to the then Comptroller, who made a report thereon, which was ordered to lie on the table, (pp. 578, 619.) By the Assembly Journal of 1829, it appears that a petition of the applicant was presented, and referred to the committee on claims; and that upon a report made by that committee, the petitioner had leave to withdraw her petition, (pp. 490, 1170.) In 1830 she again applied, and her petition was referred to the committee on grievances, but no report appears to have been made. (Assembly Journal, p. 76.)

The Commissioners of the Land-Office are not possessed of any further information in relation to this claim. No evidence is offered to show that the petitioner is the widow of the original mortgagor; and should such evidence be presented, it is respectfully submitted that it would then be proper, before granting any relief, to inquire whether the petitioner had not united with her husband in a conveyance of the land, so as to bar all legal or equitable claim to dower.

Respectfully submitted.
GREENE C. BRONSON, Att'y-Gen.

A. C. FLAGG, Seeretary.

SILAS WRIGHT, JR., Comptroller.
SIMEON DE WITT, Surveyor-Gen

Albany, January 28, 1831.

IN ASSEMBLY,

January 25, 1831..

REPORT

Of the committee on claims, on the petition of
Joseph Hackney.

Mr. J. C. Spencer, from the committee on claims, to which was referred the petition of Joseph Hackney,

REPORTED

The petitioner alleges and has adduced some proof to establish the facts, that in the year 1782, he enlisted to serve in some one of the regiments of this state in the army of the revolution for the term of three years: that he was attached to Capt. Moody's company, in Col. Lamb's regiment, in which he remained until some time after the close of the war; and that in 1785, he enlisted for three years more. He prays that the usual quantity of bounty lands promised to the soldiers who served in the line of this State, may be granted to him.

Admitting all the facts stated by the petitioner, they do not bring him within the resolutions and acts of the Legislature promising bounty lands. These were expressly confined to those who enlisted to serve during the war. This is the settled construction which has uniformly been given to them, as well by the commissioners of the land-office in distributing the bounty lands, as by the acts of the Legislature in granting relief to individual claimants; and your committee cannot find an instance of a contrary construction. It is therefore deemed too well settled to be questioned or disturbed. The consequences of now establishing a different rule, would subject the treasury to claims of incalculable extent. A bill was reported at the [A. No. 79.]

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last session in favor of the petitioner, on the ground it is presumed, that he had enlisted to serve during the war. The fact appears clearly to be otherwise, by the evidence which he offers.

Your committee recommend to the House the adoption of the following resolution :

Resolved, That the prayer of the petition of Joseph Hackney ought not to be granted.

IN ASSEMBLY,

January 26, 1831.

REPORT

Of the committee on canals and internal improvements, on the petition of Benjamin H. Payn.

Mr. Turrill, from the committee on canals and internal improvements, to which was referred the petition of Benjamin H. Payn, REPORTED

The petitioner sets forth in his petition that the canal commissioners in constructing the Champlain canal in the year 1820, entered upon his premises at Fort Miller, and destroyed wheat then growing on the same, to the value of thirty dollars, for which the petitioner has received no compensation.

The said Payn made an application to the Legislature at its last session, for remuneration for the damages then sustained by him, but his application was made so late in the session, that the bill introduced for his relief was not passed upon by the house.

It appears from the report of the canal commissioners, made to the Legislature last winter upon this subject, that the facts set forth by the petitioner in his petition relative to the damages sustained by him are true, and that he has received no compensation for said damages. Your committee are therefore of the opinion that the prayer of the petitioner ought to be granted, and have prepared a bill accordingly, and directed their chairman to ask leave to introduce the

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