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them, of whom the mayor or recorder shall be one, by warrant under their hands and seals, to levy the same with lawful interest thereon, from the time of the confirmation of the said assessment and the charges of ,' proceeding in the premises by distress and sale, of May he coithe goods and chattels of such owner or owners, 01 te^tSSi occupant or occupants refusing or neglecting to pay » the same, rendering the overplus, if any, after deducting all just charges, to such owner or owners, or occupant or occupants, or the said respective sums or assessments, may be recovered with interest and costs by the said mayor, aldermen and commonalty, from and against the owner or owners of the premises respectively, whereon the same may be so assessed, or from and against any or either of the said owners thereof, by action of debt or assumpsit, in which it shall be sufficient to declare generally for so much money due by virtue of this act; and the respective sums of money or assessment when paid or collected and recovered as aforesaid, shall be applied towards defraying the expense of digging, sinking and making such public well or wells, or pump or pumps^ so to be dug, sunk and made: Provided; That nothing Proviso, herein contained shall affect any agreement between landlord and tenant respecting the payment ol any such charges, but they shall be answerable to each other in the same manner as if this act had never been made, and if any money so to be assessed, be paid by ^ any person or persons when by agreement or by law„ the same or any part thereof, ought to have been borne * and paid by some other person or persons^ if shall oe lawful for the person or pecsons paying the same, to, sue for- and recover the money so paid, or such part thereof as ought to have been paid by such other person or persons with interest and cost, as so much money paid for the use of the said person or persons who ought to have paid the same, or to deduct and retain the same with interest and costs, out of any monies then being or at any time or times thereafter to become due, owing or payable by him, her or them to the said person or persons who ought to have paid the same; and the assessment aforesaid, with proof of

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payment, shall be conclusive evidence in such suit and | in justification of such retainer.

VII. And be it further enacted, That wherever Acumen* an(^ whenever any assessment upon any lot or lots in when nude the City of New-York, hath herotofore been, or hereed and the after shall be made and confirmed according to law;

owners oriotl *' * D '»■

ounot be and the money hath not been or shall not be collected

found or re- J .

fmetopay. upon any lot or lots, which was or were or may be charged in the said assessment, and the collector shall make affidavit of his demanding the money several times of such owner or owners, as may reside in the said city, and that they have neglected or refused to pay the same, or shall make affidavit, that the owner or owners of any such lot or lots is or are unknown or cannot, upon diligent inquiry, be found in the said city ; it

»iay be »d- "anc* raav ^e lawful f°r the mayor, aldermen and yenjsed. commonalty of the City of New-York, to take order for advertising the same in two or more of the public newspapers, printed in the said city, for six months, once in each week, thereby requiring the owner or pwners of such lots respectively, to pay the sum, at which each of the said lots hath been or shall be so assessed, together with interest thereon at the rate of seven per cent per annum, from the time of the confirmation of the said assessment, to the time of payment, with the charges of such notice and advertisement, to the trea, surer or chamberlain of the said city, and that if default shall be made in such payment, such lot or lots will *"d,TM"fQr be sold at public auction, at a day and place therein to vaut' be specified for the lowest term of years, at which any person or persons shall offer to take the same in consideration of advancing the sum assessed on the same, together with interest thereon, at seven per cent per annum, from the time of confirming the said assessment to the time of sale, and, together with all costs and charges accrued thereon ; and if, notwithstanding such notice, the owner or owners shall refuse or neglect to pay such assessment with interest as aforesaid, and the charges attending such notice and advertisement, then it shall and may be lawfql to and for the said mayor, aldermen and commonalty to cause each of the said lots to be sold at public auction for a

term of years for the purpose and in the manner expressed in the said advertisement, and to give a declaration of such sale to the purchaser or purchasers thereof, under the common seal of the said city ; and such purchaser or purchasers, his, her or their executors, administrators and assigns shall by virtue thereof, and of this act, lawfully hold and enjoy the same for his, her and their own proper use, against the owner or owners thereof; and all claiming under him, her or them, until such purchasers term' therein shall be fully complete and ended, and the said purchaser or purchasers, his, her or their executors, administrators and assigns, shall be at liberty to remove all the J^Jj^^ buildings and materials, which he, she or they shall e- «" buiwiiin

, i ■ L • 1 • i ■ at the end cf

rect or place thereon, du nig the said term, within one the term, month after the expiration of the said term ; but leaving the lots with the street or streets fronting the same in the order required by the regulations of the common council. Provided always, that no such proceed- fmyi^ ing by advertisement and sale as aforesaid shall take place under any assessment heretofore made and confirmed unless in cases where the said assessment now Is a lien or charge on the lots assessed.

VIIL And be it further enacted^ That the last prece- *XS£u£ ding section of this act shall not be construed to pre- Jj^ysj Vent .the collection of any assessment or assessments amud* by distress and sale of the goods and chattels of the owner or owners, occupant or occupants of any lot or lots therein or thereby assessed.

CHAP. LXXIV.

An ACT directing the ferry at Black Rock to be leased.

Passed .June 2, 1812. I. T% E it enacted by the people of the state of NewXj York, represented in Seriate and Assembly, That the surveyor-general be, and he is hereby authorised and required to lease the ferry over the Niagara river, at Black Rock, in the county of Niagara, also the ferry-house and lot, for the term of four years, to such person or persons, and on such terms as he may deem. to be most advantageous for the benefit of this state, "with this express provision in said lease, to wit: that if at any time during the term of said lease, the person administering the government of this state, should deem it necessary and proper for the people . of this state, to have the exclusive use of the said ferry, house and lot, then and in that case it shall and may be law. ful for him to direct the same to be entered and occupied by such pei son Or persons as he may authorise for that purpose, on paying the lessee or occupant of said ferry, a reasonable compensation for such boats or other implements as may be delivered and may be deemed useful and necessary for said ferry; and the said lease shall contain a covenant to carry the Indians of the Seneca nation across the said ferry, free of expense, according to the treaty made with said nation.

CHAP. LXXV. v An ACT for dividing the town of Rhinebeck in the county of Dutchess.

Passed June 2, 1812.

BR it enacted by the people of the state of NewYork, represented in Senate and Assembly, That from and after the fLst Monday of April next, all that part of the town of Rhinebeck, in the county of Dutchess, situate, lying and being within the following limits and bounds, beginning on the bank of the Hudson river, at the middle of the Stein Vallitje; thence running along the line of division between the estates of General John Armstrong, and Philip J. Schuyler, Esquire, to the south part of Schuyler's VJy; thence an easterly direction leaving the house and mills of Johannes Ring on the north till it intersects the road leading from the town of North East to Rhinebeck flatts; and from thence easterly as the road runs to the town of North East, leaving Benjamin Westfall's house on the north ; thence northerly along the said west boundary line to the south boundary line of Columbia county; thence westerly along the said south boundary line to the Hudson river, and thence southerly along the bank of the said Hudson river to the place of beginning.

shall be and is hereby erected into a separate town by the name of Redhook, and the first town meeting of the said town of Redhook shall be held at the house of Henry Walter, in said town, and that all the remaining part of the town of Rhinebeck, shall be and remain a separate town by he name of Rhinebeck; and the next annual town meeting of the said town of Rhinebeck, shall be held at the house of John Miller, in said tow.i, at the time to which the same is directed hy law to be held.

II. And be itfurther enacted. That as soon as may be, after the first Tuesday in April next, the supervisors and overseers of the pour of said towns of Rhinebeck and Redhook, on notiee being first given by the said supervisors for that purpose, shall meet at the house of Nicholas Bonesteel, in the said town of Redhook, and divide the money and poor belonging Poottai to the town of Rhinebeck, previous to the division thereof, agreeable to the last tax list, and that each of the said towns shall forever thereafter respectively maintain their own poor.

CHAP. LXXVI.

An ACT to enable Daniel McCormick, of the City of
New-York, Merchant, to make certain provisions by
Will for the sale of Real Estate.

Passed June 2, 1812.

BE it enacted by the people of the state of J\eivYork, represented in Senate and Assembly, That such provisions as the said Daniel McCormick shall or may make, or have made, in and by his last will and testament, duly executed, for the sale and disposition of his real estate, or any part or parts thereof, shall be valid and effectual in the law, notwithstanding any plea or objection of alienism in the person or persons for whose benefit such sale or sales are or may be directed; and such sale or sales having been made by virtue of any power or directions contained in the said will, he proceeds thereof shall belong to, and be paid to the said person or persons respectively, in conformity to the said directions.

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