This road may be completed like the St. Lawrence turnpike. Committee to survey the road. That not more than one half of the above toll shall be demanded or received from any waggon or other carri age passing upon said road, the tire or track of the wheel whereof is six inches wide, nor more than one fourth part of the above toll from those of nine inches wide: And that the said president and directors, shall cause to be affixed and kept up at or over each gate, in some conspicuous place where it may be conveniently read, a printed list of the rate of toll which may be lawfully demanded. IV. And be it further enacted, That it shall and may be lawful for the company hereby incorporated, to complete the turnpike road hereby authorised, according to the dimensions and in the manner prescribed for making and completing the St. Lawrence turnpike road, in and by an act, entitled "an act to incorporate the St. Lawrence turnpike road company." V. And be it further enacted, That David Parish, and lay out Nathan Ford and Moss Kent, or any two of them be a committee to survey and lay out said road according to their best judgment and understanding, for the benefit of the public, without favor or partiality. VI. And be it further enacted, That the said comPrivileges of pany hereby incorporated, shall have and enjoy all the he company rights, privileges, powers and immunities, which are given and granted in and by the aforesaid act, entitled Preamble. 66 an act relative to turnpike companies," and shall be subject to all the conditions, provisions, restrictions and regulations contained in the said act, except so far as is otherwise herein provided and enacted. CHAP. LXXX. An ACT for settling disputes and controversies between the persons claiming certain Lands in the town of Kinderhook, under a patent granted to John Hendrix De Bruyn, and the possessors thereof. WH Passed June 8, 1812. HEREAS divers disputes and controversies have subsisted between the persons claiming a tract of land granted by patent to John Hendrick De Bruyn, in sixteen hundred eighty-six, of the one part, and Peter Cooper, Daniel Frier, Andrew Shergerman, John Niver, junior, Thomas Watson, Thomas F. Tobias, Reuben Bullock, John Goedemoet, Cornelius Watson, Marius Niver, Michael Niver, Jacob Goedemoet, and the heirs of Henry Ham, deceased, and others, who are in possession of land in the town of Kinderhook, in the county of Columbia, of the other part, relative to the right and title to the said lands so possessed, and which are claimed by the said parties of the first part, by virtue of said patent: And whereas the said disputes and controversies cannot be finally determined without a number of law suits, attended with great delay and expense to the parties: And whereas divers of the parties are infants, and some under coverture, by means whereof it is difficult if not impracticable to have a determination of the disputes and controversies conclusive and binding without the aid of the legislature: And whereas the agents and attornies of the said parties have agreed to unite in an application to the legislature for an act appointing commissioners finally to determine the right and title of the said parties to the lands possessed by the parties of the second part, in the said town of Kinderhook, and claimed by the said parties of the first part, and all disputes and controversies relative to the same; and that Jacob Radcliff and David B. Ogden, of the city of New-York, and Theron Rudd, of the town of Poughkeepsie, Esquires, be the commissioners for that purpose: And whereas the said agents have made their joint application by petition to the legislature, the prayer of which it appears reasonable to grant: Therefore, I. Be it enacted by the people of the state of NewYork, represented in senate and assembly, That Jacob Radcliff, David B. Ogden and Theron Rudd be, and are hereby appointed commissioners to settle the said disputes and controversies. Commission ers appoint ed to settle the disputes. hear and ex II. And be it further enacted, That it shall and may They may be lawful for the said commissioners to hear and ex-ainine dis amine all disputes and controversies between the said controversies parties respecting the title to the said lands, the rights putes and and remedies of the parties, and all claims made by them to said land, or to any part thereof, by any or either of them, and finally to determine such disputes, controversies and claims; which determination shall be absolutely binding and conclusive, and shall to all intents, constructions and purposes whatsoever, absolutely vest the right, title and interest of every part of said lands, in such person or persons, and for such estate or estates, and in such way and manner, as shall be named and specified in such determination; and if such right or title of the parties of the first part shall by the said commissioners be found to exist, then they shall ascertain and determine whether the remedy hath been barred or defeated by length of time or other means whatsoever. III. And be it further enacted, That the said commany missioners, or one or more of them, shall be and here. by are authorised to summon and order any person or to give evi- persons within this state, to appear before the said summon person within this state before them denec. They may administer commissioners, to be examined and give evidence touching the matters in controversy, and also to bring with them all such deeds, books, papers, records or other written evidence, as may be required in an ordinary course of law, by subpoena duces tecum; and that if any person summoned by writing, subscribed by the said commissioners, or any or either of them, to appear and testify, or to produce any written evidence, and having reasonable time allowed him for that purpose, and being paid, or having tendered to him a reasonable compensation for his expenses of attendance and for his loss of time, shall neglect, refuse or delay to give such attendance, and to bring such written evidence as aforesaid, such person shall forfeit for every such refusal, neglect or delay, the sum of two hundred and fifty dollars, to be recovered in any court of record, having cognizance thereof, by action of debt, by and in the name of the person at whose instance he was summoned. IV. And be it further enacted, That the said commissioners shall have power to administer an oath or oaths to wit affirmation to the witnesses to be examined before them, to declare the truth touching the matters in ques nesses. tion; and if any person so to be examined shall knowingly give false evidence on such examination, and shall thereof be convicted, such witness shall for such offence suffer the pains and penalties inflicted by law for wilful and corrupt perjury: Provided, That no Proviso. person shall be compelled to give evidence other than such as he would be bound to give upon a trial at common law. mine lands persons der patents, a survey V. And be it further enacted, That if the said com- If they deter missioners shall determine the title to the said lands, or to be long to any part thereof, to be in the persons claiming under claiming unthe said patent, then the said commissioners shall after view view the lands, or so much thereof as they shall de- ing the same termine to belong to the said parties of the first part, and shall cause a survey to be made of the same, and And making of the parcels claimed by every person whose posses- thereof, sion shall fall within such determination, and also that the said commissioners after such view and survey, and after taking all relative circumstances in consideration, and after hearing the proofs and allegations of the parties, if any be offered, shall award and determine They shall what shall be paid by the possessor to the proprietors by the pos for the same, and at what time and manner the same shall be payable. shall be paid sessor and prosecutor. parties shall be given to the commis sioners by their attor nies. V. And be it further enacted, That before the commissioners shall enter upon the duties of their of- A list of the fice, the attorney for the parties of the first part shall deliver to the said commissioners the names of all such persons as claim to be proprietors of such lands as are possessed by the said parties of the second part within what is claimed to be the bounds of said patent; and the attorney for the parties of the second part shall also deliver to the said commissioners the names of all such persons as claim to be possessors, owners or occupants of any lands so possessed within the disputed lines; and all persons whose names are so given shall be and hereby are declared parties to this act, as fully and ef. fectually as if they were named herein. awarded by sioners how VII. And be it further enacted, That the monies Monies awarded by the commissioners aforesaid shall be the commis paid at the time and in the manner by them directed, to be paid. to such person or persons as shall be by them appoint The commis sioners shall audit all ex penses and eruing by charges & act. ed; and upon payment of the amount of the monies payable by the possessor to the proprietors, the possessor shall hold and be seised, and be deemed to hold and be seised, of an estate in fee simple in the said lands so possessed by him as aforesaid; and the right and title of all persons claiming under the said patent to be extinguished: But if it shall so happen that the monies shall remain due and unpaid, in whole or in part, at the end of the time appointed by said award, then the proprietor or proprietors, or his or their agent, may proceed to a sale of the land of the delinquent possessor, or any part thereof, at public auction, in the manner and after the notice usual in the case of mortgages, with clause of sale; and such sale shall be a bar both in law and equity to the possessor, and all who shall claim by, from, or under him or them: Provided nevertheless, That if in such sale more money shall be made than is sufficient to satisfy the sum due, with reasonable costs, the sum remaining shall be paid to the possessor or delinquent. VIII. And be it further enacted, That the said commissioners shall audit all accounts and expenses, and costs and charges, which shall arise for, or by reason of any matter or thing respecting the trust or power herein before specified, and all costs which have already accrued in the several suits which have been brought and are pending in relation to the said controversy, and all claims for mesne profits, and shall decide who shall pay the same; and shall further order and adjudge the sum which each claimant or possessor shall pay, of which they shall give a certificate under their hands and seals and the same adjudication and certificate shall be final and conclusive, and create a lien on the property of the person named therein, as a judgment at law; and if payment of the sum so assessed shall not be made within thirty days after the adjudication made and certificate given as aforesaid, it shall and may be lawful for the said commissioners, by writing under their hands and seals, to direct the sheriff of the county of Columbia to cause the sum assessed, with the costs of collection, to be made of the goods and chatpre tles, lands and tenements, of the person so liable to the Persons neglecting or refusing to pay may be |