REPORT. STATE OF NEW-YORK, SECRETARY'S OFFICE, To the Assembly. April 11, 1833. The Secretary of State, to whom was referred the bill entitled "An act relative to the distribution of the Revised Statutes," has the honor to submit the following REPORT: The bill referred directs the Secretary of State "to furnish one copy of the Revised Statutes of this State to each member of the Senate and Assembly who has not already received a copy." By the 20th section of the act of the 10th of December, 1828, Laws of New-York, 52d session, chapter 20, the Secretary of State was required to retain 1,500 copies of the Revised Statutes to be distributed in the manner pointed out by that section. Of the whole number of copies thus appropriated only 75 remain, and these are liable to be annually reduced in number as new towns are erected, the clerk of each being entitled to one copy under the provisions of the section referred to. Since the passage of the act of the 10th December, 1828, the erection of new towns has been, in number as follows: Making an average of more than thirteen per annum. According to this rate of increase the whole number of revised Statutes applicable to the supply of new towns would be exhausted in less than six years. By the 31st section of the same act the Secretary of State was required to sell the remaining copies of the Revised Statutes not otherwise appropriated "for the benefit of the people of this State," at a price not exceeding ten dollars for each set, and at such places as he should direct; and he was authorised to allow a commission not exceeding five per cent, to the agents employed by him for the purpose. Under the provisions of this section the whole number remaining in the hands of the Secretary, not appropriated to specific objects, were sold previous to the 14th day of January last, with the exception of 125 copies, which were received by the present Secretary from his predecessor. Of these copies 42 have been sold since the 14th of January. Only 83 copies therefore remain on hand, to be sold under the 31st section of the act referred to. In consequence of the rapid diminution of the number remaining on hand, it was in contemplation, both of the present Secretary of State and of his predecessor, to make a communication to the Legislature on the subject; and the former has, during the last two weeks, deemed it proper to discontinue sales through the agency of booksellers. The 31st section of the act under which sales have been made, render it obligatory on him to sell without reserve all the copies not otherwise appropriated; but under the discretion given to him to designate the place of sale, he has determined to sell them only at his office to individual applicants, and to discontinue wholly further sales by agents. Of the copies transmitted to the treasurers of counties the whole number has been accounted for with the exception of 33. Of these it is understood that several copies have already been sold; and it is at least doubtful whether any of them will be returned. On the 16th March, 1832, a concurrent resolution was adopted by both branches of the Legislature directing the Secretary of State "to deliver to the clerks of the Senate and Assembly a number of copies of the Revised Statutes equal to the whole number of members elected to each House, for the use of the members during the session of the Legislature, under such rules and regulations as shall be prescribed by the presiding officers of said Houses." Under this resolution the Senate has been furnished with 32 copies; but as no application has been made for those which were designed for the use of the Assembly, and as the provisions of the 31st section of the act of 10th December, 1828, by which the Secretary of State was directed to sell, "for the benefit of the people of this State," all the copies not otherwise disposed of by that act, remain unrepealed, he has not considered himself at liberty to refuse to sell a copy when application has been made for it. It will therefore be apparent, that only 83 copies of the Revised Statutes in the hands of the Secretary of State will be applicable to the object contemplated by the bill referred to him, as he presumes the directions contained in that bill would only be intended to govern him so far as they should be consistent with positive directions in existing acts not expressly repealed: and if application should be made under the resolution of the 16th of March, 1832, for those copies for the use of the Assembly, there will be none on hand applicable to the object of the bill. Should it be found necessary at an early day to publish another edition of the Revised Statutes, with such modifications and additions as have been made by legislation subsequent to the period at which they went into effect, the delays inseparable from the accomplishment of so laborious an undertaking, would be such as to leave few copies of the present edition on hand. Indeed, without some further discretion in the Secretary of State, it is probable that the 83 copies now on hand will in a short time be sold under the positive directions contained in the 31st section of the act of December, 1828, unless the Legislature shall otherwise provide. Respectfully submitted. JOHN A. DIX. IN ASSEMBLY, April 9, 1833. REPORT Of the committee on claims, on the petition of The committee on claims, to whom was referred the petition of Justin Gay, in behalf of Mary Shaw, heir-at-law of John Shaw, a soldier of the revolution, claiming remuneration for lot No. 63, in the town of Pompey, originally patented to John Shaw. REPORTED: John Shaw was a soldier of the revolution, and lot No. 63, in the town of Pompey, was patented to him for his services in that eventful struggle. He, however, died many years since, and it was believed the lot had escheated to the State; proceedings were accordingly instituted by the Attorney-General and judgment recovered in favor of the State, and the lot disposed of by the Commissioners of the Land-Office as escheated land. It is now alleged by the petitioner that she, in fact, is the heirat-law of said soldier, who was an American citizen, and at his death the lot descended to her, and she has exhibited strong evidence of the truth of this allegation. But it appears from evidence produced to the committee that there are other persons claiming to be the heirs-at-law of John Shaw, the soldier, and who, they allege, is a different person from that of the petitioner's father, and that their ancestor was the true soldier; and the father of the petitioner, though bearing the same name, was not the soldier who drew the land. These respective claims have been litigated, but neither claim fully sustained; and though the testimony preponderates in favor of the petitioner's claim, it is not entirely free from doubt. And inasmuch as there is a bill now before the House in relation [Assem. No. 306.] 1 |