on or before the 18th day of August next, (the said day 9 being one year subsequent to the last day of such annual sale), to redeem the said described premises therefrom, the sale thereof will become absolute, and the purchaser of said land, or his assignee, will be entitled to receive a deed of the same, which (in pursuance of chapter 8, Laws of 1881,) will forever bar all right, title, or interest of other parties to such land at the date of such sale, or upon the issue of the deed thereof.

10 JOHN WELLS.

This blank to be filled with the date one year after the last day of such annual sale.

(Proof of Service.)

County of Oneida, ss.:

11 John Wells, being duly sworn, says that on the 17th day of July, 1882, he served the foregoing notice upon Talcott Wells, Occupant of said described premises, and that such service was made by delivering to and leaving with the said Talcott Wells personally a true copy thereof at the town of Boonville, N. Y.

JOHN WELLS. Sworn to this 17th day of July,

12 1882, before me,

ALBERT L. IIAYES,

Justice of the Peace.

Note. — The service of notice to occupants of lands may be made personally on such occupant, or by leaving the same at his dwelling with some person of suitable age, or by affixing the same on the outer door of such dwelling. In such cases, a

13 copy should be so served and left with the person or affixed (as the case may be) and the manner of such service must be stated in the affidavit. The notice in cases of unoccupied lands is to

14

be given by publication in one of the newspapers issued in the cities of Rome or Utica, once each week, for three weeks.

The affidavit of service or publication must be exhibited to the treasurer previous to his issuing the deed of said land and the affidavit must be recorded with the deed in the county clerk's office.

If the notice is given by advertisement, as in case of non15 residents, the printer's affidavit of publication should be at

tached in lieu of the above proof.

STATE OF NEW YORK, Oneida County Clerk's Office.

I, George D. Frank, clerk of said county, and of the Supreme and County Courts therein, the same being courts of

record, do hereby certify, That I have compared the an16

nexed copy of notice of purchase and redemption with the original record thereof in this office, in Book No. 419 of Deeds, on page 179, Deceṁber 12, 1882, at 1:45 P. M., and that the same is a correct transcript therefrom, and of the whole of said original record.

In Witness Whereof, I have hereunto set my hand and (Seal.) affixed the seal of said county and courts, at the 17 city of Utica, this 1st day of December, 1899.

GEORGE D. FRANK, (Stamp.)

Clerk. DEED.

This indenture, made this twelfth day of December, in the year of our Lord one thousand eight hundred and eighty-two, 18 between John Kohler, as treasurer of the county of Oneida,

State of New York, party of the first part, and John Wells, of Boonville, Oneida county, State of New York, of the second part.

Whereas, In pursuance of the provisions of the act of the 19 Legislature of the State of New York, (chapter 91), entitled “ An Act to enforce collection of taxes levied in the county of Oneida,” passed April 2, 1880, (and the acts subsequently passed amendatory thereof), the treasurer of said county did, in the year 1881, receive from the tax collectors in the several towns and wards, in the said county, a list of the taxes assessed in said town and wards, respectively, in the year 1880, and 20 which were then in arrears and not paid; and

Whereas, In said list of such unpaid taxes in the town of Forestport, in said county, was a tax of twenty-seven dollars and sixty-eight cents, on the land hereinafter described (the description of said land, as hereafter given, being the same as embraced in said list, or as the same was when corrected in the manner provided for by said acts); and

21 Whereas, Neither said tax nor the interest and expenses thereon, nor any part thereof, were paid within four months succeeding March 1, 1881; and,

Whereas, Afterwards said county treasurer did duly advertise said land, and other parcels contained in said list, for sale at public auction for the payment of such tax, the same being published in the daily public newspapers in the city of Utica, and in two weekly newspapers in the city of Rome, as required 22 by said acts; and,

Whereas, In pursuance of such publication said treasurer did sell said land hereinafter described, at public auction, in all respects according to the requirements of said act, on the 18th day of August, 1881, and the same was duly struck off to John Wells for the sum or price of thirty-nine dollars and cents, he being the highest bidder therefor, and that

23 being the highest sum bidden, (the said tax, interest, expense of publishing notice, procuring descriptions, and conducting the sale, being $39); and,

1

24

Whereas, The said purchaser did then pay to said treasurer the sum bid, as aforesaid, and the said treasurer did thereupon issue to him the certificate required by said chapter 91; and,

Whereas, More than one year has elapsed since the said sale and since the last day of the sale made by said treasurer of the lands embraced in said published list, and neither the

person described in said assessment list, nor any other person 25 has redeemed the said land so sold as aforesaid, nor any part thereof from said sale.

Now, Therefore, This Indenture Witnesseth, That in consideration of the premises and of the aforesaid payment of said sum of thirty-nine dollars and cents, the said party of the first part does hereby grant and convey to said party of the second part, all that piece of land sold, as aforesaid, and which

is bounded and described as follows, viz. : 26

Town of Forestport.
Adgates Eastern Patent.

Gouverneur Tract.

North part, beginning at the northeast corner thereof and running thence along the west line of the Miller and Swan27 ton tract south 2 degrees west 165.49 chains; thence north

871 degrees west 38.19 chains; thence along the east line of the Seymour Tract north 24 degrees east 115.59 chains; thence along the north line of said patent north 66 degrees east 43.51 chains, to the place of beginning, 602.29 acres; to have and to hold the same to said party of the second part, and

to his heirs and assigns forever. 28 In Witness Whereof, The said party of the first part

has hereunto set his hand and seal the day and year first above written.

JOHN KOHLER, (L. S.) County Treasurer Oneida County.

29

STATE OF NEW YORK,

Oneida County,

}

SS.:

On this twelfth day of December, in the year one thousand eight hundred and eighty-two, before me personally appeared John Kohler, county treasurer of said county, to me known to be the same person described in and who executed the within instrument, and acknowledged that he had executed the same.

GEO. D. FRANK, 30 Notary Public, Oneida Co.

Plaintiff then offered in evidence a deed from John Wells of Boonville to Talcott Wells of Forestport, dated November 25, 1887, conveying the same premises, and recorded in the Oneida county clerk's office November 20, 1899, in book

, 542 of Deeds, at page 346. [The same may be produced and

31 referred to on the argument, the same as if here printed.]

a

John Marmon, sworn for plaintiff, testified as follows: I reside at Port Leyden and have for three years and am superintendent of the pulp mill conducted by the defendants, and have been for a little over three years; this inill is situated on the Black river about three-fourths of a mile out of the village of Port Leyden, in the vicinity of what is known as the north 32 Gouverneur Tract. Pulp-wood timber was brought there to the mill during the months of December, January, February, March, by sleigh, which was marked “S” in blue; George Earl and Marcus Earl drew it there with their teams and men, and they had other hired teams, I suppose.

Q. How much was there of this timber?
Objected to as improper, incompetent. Overruled. Ex-

33 ception.

A. 431 cords, 105 feet. I measured it. The delivery of the pulp wood was finished March 8, 1899.

That pulp