Infirmary has not the means of doing so; and your memoralists, therefore, are under the necessity of not only asking for the renewal of the grant heretofore made by the State, but its increase as far as may be thought fit.

The expenses of the Infirmary grow out of the rent of a building, which must be large, necessarily, to accommodate its patients, -salaries to a superintendent, apothecary, and house servants; drugs, medicines, and other contingent expenses. Nothing is paid for medical advice or attendance, as the surgeons render their services gratuitously.

The grant from the State was $1,000 per annum; about $200 were obtained from annual subscribers, and a still further sum of $117.24 is derived from the interest of a small permanent fund; making the whole income of the Infirmary, during the receipt of the grant from the State, $1,317.24. Since the expiration of the grant, the income of the institution has not been adequate to its support. The directors, consequently, were obliged to incur a heavy debt, rather than suspend the operation of the Infirmary, in the confident hope that the Legislature would enable them to discharge this debt, by making the grant retrospective.

Your memorialists are anxious to erect or purchase a proper building for the institution, that it may be relieved from the heavy charge of rent, which now absorbs so large a portion of its income. If sufficient funds can be secured to them, from the State, to support the institution, they feel sanguine in the belief, that means may be procured in the city of New-York for the erection of a building.

By the annual reports of the three last years, it appears that from 1,200 to 1,400 poor persons have been under the care of the surgeons, annually, and that a very large proportion of them have been cured; and since the foundation of the institution in 1820, 16,000 patients have received from it various degrees of relief. It is open at stated periods, when every poor person who applies receives medical advice and medicines, without any expense to himself. Every part of the State participates in its benefits; and indeed, the principal expense of the institution is incurred in furnishing the means of boarding and nursing the patients from the country, at the smallest possible charge to themselves. That the charity is really one for the benefit of the whole State, must be known

to many members of your honorable body, who have become acquainted with instances of the relief afforded to persons who have fallen under your own observation. As a further proof of it, it appears by a reference to the books of the Infirmary, that patients have been received from every county of the State..

Your memorialists do not rest their claims to the bounty of the State solely upon the merit of the public good derived from the exercise of public charity to the poor affected with diseases of the eye and ear. As a school of ophthalmic surgery, the Infirmary enjoys the highest reputation; and pupils annually go from it to every part of the State, well informed in this branch of medical science. The doors of the institution are open to practitioners and students in medicine, without expense. When it is recollected that these students may annually see from twelve to fifteen hundred cases of disease of the eye and ear, and hear them explained, and their proper modes of treatment prescribed by those who have had such ample experience as the Infirmary affords, it must be evident that an opportunity for understanding these diseases is here afforded, far superior to any elsewhere to be found in America.

Reposing with full confidence in the wisdom and liberality of the Legislature, the directors place their institution in its hands, and trust that such measures will be taken for its relief as will best subserve the interests of humanity, and redound to the honor of the State.

HENRY J. WYCKOFF, President.
JER. VAN RENSSELAER, Secretary.

New-York, January, 1834.

IN ASSEMBLY,

January 17, 1834.

REPORT

Of the committee on claims, on the petition of Lucas Elmendorf.

Mr. Ingalls, from the committee on claims, to whom was refer red the petition of Lucas Elmendorf, praying for a law authorising the Comptroller to convey to him certain lands, which have been sold for taxes,

REPORTED:

That it appears by the report of the Comptroller, bearing date on the 16th day of January last, which was referred to the committee with the petition in this case, that in April 1826, Lucas Elmendorf purchased two hundred and seventy acres of land, described as the southeast quarter of great lot 29, in the Hardenburgh patent, in the county of Sullivan, bounded north by Robert Hope's farm; east by Abraham Roosa's land; south by great lot number 28, and west by lands of Lucas Elmendorf, excepting forty acres in the southeast corner thereof, for the taxes charged and remaining unpaid for the years 1817 to 1821, inclusive, amounting, with charges, to $9.66; that upon the payment into the treasury of such sum, the Comptroller deliverod to the said Lucas the usual certificate; that the lands were not redeemed, and Mr. Elmendorf. became entitled to a deed; that Mr. Elmendorf has alleged to him, that his certificate is lost or mislaid; that no deed has been executed to him because the Comptroller supposes himself unauthorised to execute a conveyance, except upon the production of the certificate; and your committee concur in opinion with the Comptroller.

The petitioner alleges in his petition, which is sworn to, the loss of the certificate, and that it has never been sssigned, and prays for [Assem. No. 30.]

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a law authorising the Comptroller to execute a deed to him of the premises. The committee deem it inexpedient to legislate in every case of this description, and as they may frequently occur, respectfully recommend a general law, authorising the Comptroller in all cases of sales of land for taxes, when the purchaser shall exhibit satisfactory proof to him that his certificate has been lost, and has not been assigned, to execute a conveyance to the purchaser. The committee have been the more induced to recommend such law, because the Comptroller suggests the necessity and propriety of the same, in his present annual report to the House.

It is doubtful whether the purchaser now has any remedy. If he has, it must be by the expensive and dilatory remedy by mandamus. Your committee therefore, ask leave to bring in a bill authorising the Comptroller in all cases of this description, upon satisfaetory proof of the loss of the certificate, and that the same has not been assigned, to execute a deed to the purchaser.

It also appears by the petition, and report of the Comptroller referred with the petition, that at a sale for taxes in April, 1830, Arnold Nelson purchased four hundred and fifty acres of division number 66, of great lot number 36, in the Hardenburgh patent, situated in Delaware county, for taxes, of the years 1822 to 1826, inclusive, then due and unpaid, amounting to $12.02; that upon payment into the treasury by the said Nelson of the amount of the purchase money, a certificate in the usual form was delivered to him. It also appears that such lot remained unredeemed until the 13th day of April, 1832, when the same, with several other lots, were redeemed by Mr. Elmendorf, upon the payment into the treasury of the amount then due; that after the time allowed by law for redemption, Mr. Elmendorf made application for a deed, and produced the certificate given to Mr. Nelson, duly assigned to him, and demanded a deed, which was refused on the ground that he had redeemed his own lot, and no deed was given.

Mr. Elmendorf alleges in his petition, that shortly before the time for the redemption of this lot expired, he called at the Comptroller's office, and found it much crowded with visiters, and he left with the clerk to the Comptroller a sum of money to redeem several other lots that had been sold for taxes, with a written memorandum, specifying what lots he wished to redeem, and at the same time told him not to redeem this lot; that shortly afterwards he called at the office, and learned that this lot had been redeemed by

the mistake of the clerk. He further alleges in his petition that he has been proprietor of this lot since 1792; that it is wild land, and that for every suit for a trespass committed upon it, he is compelled to deduce his title for every eighty years; that his sole object in purchasing the certificate of Mr. Nelson was for the purpose of obtaining title under the State to save him the trouble and expense; and that this lot was not redeemed by his directions or consent, but expressly contrary thereto, and purely by the mistake of the clerk.

It does not appear that there are any other claimants to the lot, or that the rights of any other persons will be prejudiced by allowing the Comptroller to execute a deed to Mr. Elmendorf for that part of the lot sold by him for taxes, nor do they believe it to be a sufficient reason for withholding a deed to Mr. Elmendorf, that some person may have resorted to the office, and have been deceived by the books of the Comptroller. In courts of justice, the errors of the clerk, even in records, are always corrected, saving only the rights of subsequent bona fide purchasers and incumbrancers. In this case there is no pretence that there are any.

Your committee, therefore, ask leave to bring in a bill authorising the Comptroller to convey to the petitioner that part of lot No. 66, which was sold for taxes in April, 1830, to Arnold Nelson, and for which he received a certificate, which has been duly assigned to the petitioner.