Comptrol ecute for monies due. comptroller, shall be liable thereafter to pay to the said people interest thereon at the rate of seven per cent per annum. III. And be it further enacted, That the comptrol ler direct. ler be and he is hereby directed to cause actions to be ed to pros-prosecuted for all monies which shall be unpaid for the services before mentioned, the accounts of which are now in his office, immediately after the expiration of the time limited in his first notice, and for all other monies becoming due at the expiration of every year thereafter: Provided, such account, with interest, shall amount to twenty-five dollars. Return of clerks evi. services performed IV. And be it further enacted, That the several r dence of turns made by the respective clerks of said court, stating the amount due from each person named therein, or the certificate of the comptroller stating the amount due from any person therein mentioned, shall be prima facie evidence of the services performed and the amount due at the time such amount is returned to the comp troller: And further, That in any action prosecuted the recovery of any such demand, the venue therein shall be laid in the county of Albany. pose of cer lots. CHAP. C. An ACT concerning the Gospel and School Lots. 1. Bork, represented in Senate and Assembly, That E it enacted by the people of the state of New it shall be lawful for the freeholders and inhabitants of Trustees the several towns in the county of Cortland, of the towns to be elect of Ulysses, Ovid, Hector, Romulus, Junius and Fayette, in the county of Seneca, of the towns of Dryden tain school Genoa, Locke, Sempronius, Aurelius, Owasco, and Brutus, in the county of Cayuga, of the towns of Fa bius, Camillus, Manlius, Pompey and Tully, in the county of Onondaga, and the town of Windsor, in the county of Broome, which have lands assigned to them for the support of the gospel and schools, at their an nual town meetings, to elect three trustees, being in habitants and freeholders of the town, whose duty it shall be to take the charge of the said lands belonging te such town, and receive and appropriate the rents, issues and profits, or the proceeds arising from the sale thereof, to the uses and for purposes herein after mentioned. tees. II. And be it further enacted, That the like notice Power of shall be given of the election of the said trustees, and the trus the election conducted in the same manner as the election of other town officers; and that the said trustees shall have full power and authority to demise or grant, bargain, sell and convey, the said lands upon the best terms or for the best price which can be had therefor, in such a manner as the said trustees shall deem most beneficial to their respective towns: And further, That the said trustees shall, for the purposes expressed in this act, be a body politic and corporate, by the name and style of the trustees of the town of (inserting the town) in the county of (inserting the county) and shall have a common seal, and by the name and style aforesaid, may sue and be sued in any court of law or equity for any matter or cause relating to the aforesaid lands, ter the proceeds thereof. on a credit than 20 years. III. And be it further enacled, That, it shall not be Lands not awful for the said trustees, or their successors, to sellhe said lands on a shorter credit than twenty years; shorter nd it shall be lawful for the said trustees to receive at he time of such sale one fourth part of the sum or sums garising therefrom; and that the said trustees shall loan he monies arising from such sales at lawful interest, to be secured by bonds and mortgages on lands of double the value of the sums loaned, and clear of all incumbrances. applied. IV. And be it further enacted, That the rents, issues Proceeds and profits of the aforesaid lands, and the annual in-how to be terest of the monies arising from the sale thereof, shall be applied by the said trustees for the time being to he support of the gospel and schools in their several owns in such manner as the freeholders and inhabitants of the towns respectively, at their annual town meeting, shall order and direct, or as the legislature shall prescribe by law. Trustees V. And be it further enacted, That the said trustees allowed shall be allowed the costs of surveying said lands into costs certain rendered. small lots, to be levied, collected and paid as other town expences usually are. VI. And be it further enacted, That it shall be the Accounts duty of the trustees of the several towns who are enhow to be titled to gospel and school lands, to render a just and true account of their proceedings in respect to the sale of said lands, together with the rents and interest in their hands remaining, and an account of what has bee appropriated or expended, to the supervisors and jus tices of the peace of their respective towns on the last Tuesday next preceding the annual town meeting in each year; and it shall be the duty of the supervisors or one of the aforesaid justices, to report to the people at the annual town meeting in each year the amount of rent or interest then due and to be appropriated for the support of the gospel or schools; and when othe trustees shall be chosen the former trustees shall de liver over to their successors all the money,books, notes bonds, mortgages or other papers relating to the sale of said lands, for the security of any sum or sums of money arising therefrom, either for interest rent, or prin cipal, then remaining in their hands, and take a receipt for the same, which receipt shall be filed in the clerk office of said town; and in case any of the trustees aforesaid shall wilfully neglect or refuse to deliver ove as aforesaid all the money, books, notes, bonds, mort gages, or other papers, to their successors as aforesaid shall forfeit and pay twenty-five dollars, to be recover ed, with costs of suit, before any justice of the peace in and for the county in which such offence shall be committed, in an action of debt, by any person wh shall prosecute for the same to effect. Trustees of Ovid. VII. And be it further enacted, That James Va Horne, Minor Thomas and Rynear Covert be trusted for the town of Ovid, in the county of Seneca, to take charge of and to make sale of the gospel and school lot in said town, until the first Tuesday in April next, or until others be chosen by the freeholders and inhabitants of said town of Ovid agreeable to this act; and it shall be the duty of the said trustees to cause to be surveyed out nearly in the center of said lot number be sold to church in thirty, in said town of Ovid, four acres of land, as near 4 acres to square as may be, so as to contain the meeting-house the Dutch and burying ground, and to convey the same to the reformed trustees of the first Dutch reformed church in Ovid, on Ovid. being secured agreeable to the third section of this act, for the amount of the average price of said lot; and Trustees that Elijah Smith, Lemuel Badger and Anselm Cole of Windbe trustees for the town of Windsor aforesaid, until their next annual town-meeting. CHAP. CI. An ACT for the relief of the heirs and representatives of Ebenezer Proudfit deceased. WH Passed April 2, 1813. HEREAS the widow and relatives of Ebenezer Proudfit, late of Salem, in the county of Washington, deceased, have represented to the legislature that he died intestate, leaving a large real estate, which is not only unproductive, but from its situation liable to great injury, and have prayed that the administrators of the goods and chattels, rights and credits of the said Ebenezer may be authorized to dispose of the said esate in a manner most conducive to the interests of the eirs of the said Ebenezer Proudfit, which prayer is easonable: Therefore, I sor. E. Proud ed of. I. Be it enacted by the people of the state of NewYork, represented in Senate and Assembly, That the ad- Estate of ministrators of all and singular the goods and chattels, fit how to rights and credits of the said Ebenezer Proudfit, or a be dispos majority of them, or the survivors or survivor of them, be and they are hereby declared to be trustees of all the real estate whereof the said Ebenezer died seized within this state, with full power to grant, bargain, sell, lease in fee or for life, all and singular such part or parts thereof, and to make and execute to the said purchasers or lessees such deeds or other conveyances as may be necessary or proper for granting and conveying the same: Provided always, That before any such sale or Proviso. demise shall be consummated, the same shall be sanctioned and approved of by the chancellor, or such officer of his court as he shall for that purpose designate. II. And be it further enacted, That the trustee aforesaid shall pay to the widow of the said Ebenezer wow during during her natural life, such portion of the income of the said estate, to and for her sole use and benefit, not exceeding one third of the nett yearly income thereof, as the chancellor of this state shall, on application to him for that purpose, made, order and direct, in lieu and bar of the dower of the said widow, and such fur ther sum or sums for and on account of the support, maintenance and education of the said heirs as the said chancellor on like application shall order and direct, regard being at all times had to the degree and standing of the parties and of the amount of income. III. And be it further enacted, That the trustees Bond to be aforesaid, before they enter upon the execution of the given by trust hereby created, shall execute and file in the office the trus tees. Heirs to receive tion as they become of of a register of the court of chancery, a bond in such sum with such sureties as the chancellor of this state shall approve, conditioned for the fair and faithful dis charge of the duties of this trust, and for the fair and full distribution of the proceeds of such estate among all the heirs of the said Ebenezer Proudfit, and to count therefor whenever required by the chancellor this state. IV. And be it further enacted, That the said trus tees shall pay over to each of the heirs as they respec their por- tively attain the age of twenty-one years, his or her por tion of the estate, taking such security from such hei as the said chancellor shall approve, for a retum or re payment for such part thereof as may be necessary to equalize the portion or portions of the other heirs in th event of any loss happening by the insolvency of a debtor or failure of any fund in which such estate m be vested. age. CHAP. CII. An ACT authorizing the Comptroller to receive the tax returns from the Treasurer of Niagara County for the year 1812, and for other purposes. Passed April 2, 1813. |