Page images
PDF
EPUB

hundred shares shall be subscribed, the said commissioners shall give public notice of the same, in the manner and for the purposes mentioned in the said recited act, any thing in said act to the contrary notwithstanding.

CHAP. XIV.

An ACT for the relief of Samuel S. Baldwin and others.

BE

Passed February 28, 1812. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That in case Samuel S. Baldwin, Nathaniel Baker, Ebenezer Carr and John Bowers, the bail of Thomas H. Rawson, late superintendent of the Onondaga salt springs, shall, on or before the first day of May next, respectively seal and deliver to the people of this state, bonds and mortgages, to be approved of and accepted by the Comptroller, for securing the payment of six hundred and twenty-five dollars, each in three equal annual payments, with interest at the rate of six per centum per annum ; and shall also pay all costs, charges and expenses, which have been incurred by the people of this state, in or about any prosecution which has been instituted against the said bail; it shall be the duty of the Attorney-General to stay all further proceedings upon any judgment and execution which has been obtained against the said bail, in favor of the people of this state : Provided always, That it shall be lawful for the Attorney-General to proceed against the said Thomas H. Rawson, upon his bonds as superintendent as aforesaid, in the same manner as if this act had not passed.

CHAP. XV.

An ACT for the relief of Truman Down and others. Passed February 28, 1812.

BYork, represented in Senate and Assembly, That

E it enacted by the people of the state of New

it shall be the duty of the Comptroller of this state to release and cancel the mortgage executed by Gideon Allen, junior, to the people of this state, on lot number one hundred and twenty-nine, in the late Cayuga

reservation, on the east side of the Cayuga lake: Provided, That the occupant or occupants of said lot shall, within one month, pay into the treasury of this state the present value of said lot, estimating the same at six dollars and fifty cents per acre, together with all costs and charges made on said mortgage, after deducting thereout such sum and sums as have been heretofore paid upon such mortgage.

II. And be it further enacted, That it shall be lawful for the Comptroller, and he is hereby directed, in settling the balance due this state, on the mortgage executed by Alvin Wolcott, on lot number thirteen, in the Cayuga reservation, on the east side of the lake, to allow him, or his heirs or assigns, the same remission of interest on said mortgage, as has been heretofore allowed to other settlers and purchasers on said reservation, agreeable to the provisions of the fourth section of the act, entitled "an act to amend an act, entitled "an act for the relief of the purchasers of land in the Cayuga, Oneida and Onondaga reservations," passed the 6th April, 1808: Provided, That said Alvin Wolcott, or his heirs or legal representatives, shall produce satisfactory proof to the Comptroller, that there was an actual improvement made on said lot to the amount of fifty dollars, previous to the eleventh day of April, in the year of our Lord one thousand eight hundred and

four.

CHAP. XVI.

An ACT for the relief of the legal representatives of
Daniel Thew, deceased.

W

Passed February 28, 1812. HEREAS Elijah Hunter and Caleb S. Riggs, guardians of the persons and estates of Mary Burnet Thew, Rachel Caroline Augusta Thew and Abraham Staats Thew, infant children of Daniel Thew, late of the town of Clarkstown, in the county of Rockland, have by their petition to the Legislature, set forth, among other things, that the said Daniel Thew, in or about the month of October last past, departed this life intestate, leaving the above named infants, his only chil

Preamble.

dren and heirs at law, him surviving; that the personal estate of the said intestate, after the payment of his debts, will be insufficient for the maintenance and education of the said infants until they shall respectively arrive at lawful age: But that the said intestate died seised in fee of a farm, situate in the said town of Clarkstown, in the said county of Rockland, consisting of four hundred acres of land or upwards, which thereupon descended from him upon his said three infant children, as tenants in common, subject however to the right of dower of Rachel Thew, the mother of the said Daniel Thew, in the greater part of the same: that the said Elijah Hunter and Caleb S. Riggs have, since the death of the said Daniel Thew, been duly appointed by the court of chancery of this state, guardians of the persons and estates of the said infants during their respective minorities, and have given the security required of them as such guardians; and that they the said guardi ns, from all the circumstances and considerations connected with the said farm, and the situation of the said infants, are fully confident that if the said farm should be sold, and the purchase money arising therefrom set apart and secured in the manner, and for the purposes hereafter mentioned, the interest of all the parties, and the permanent advantage of the said infants, would be materially promoted and secured; and the said Elijah Hunter and Caleb S. Riggs therefore prayed that an act might be passed authorising the sale of the said farm, under the directions of the Chancellor of this state, in such manner and proportions as he might see fit to order and direct, and giving to the court of chancery full power to direct the investment and security of the purchase money, and the application of the same, or the interest thereof, so as to secure the said Rachel Thew, the dowress, her rights in the same, and to the said infants respectively their rights therein, according to equity and good conscience: Therefore, On the appli 1. Be it enacted by the people of the state of Newguardians of York, represented in Senate and Assembly, That it shall D. Thew, the and may be lawful for the court of chancery of this state, chancery on the application of the said Elijah Hunter and Caleb sale of this S. Riggs, the guardians of the persons and estates of

cation of the

the heirs of

court of

may order a

estate,

the said Mary Burnet Thew, Rachel Caroline Augusta Thew and Abraham Staats Thew, the said infant children of Daniel Thew, late of the town of Clarkstown, in the county of Rockland, deceased, or of the survivor of them, (or upon the application of any future guardians or guardian of the said infants, regularly ap pointed,) by petition or otherwise, as the said court may direct or approve, to make any order or decree authorising such guardians or guardian to sell, grant and convey, in fee simple, the real estate whereof the said Daniel Thew died seized in this state, or any part or parts, or portion or portions thereof, in such manner, and upon such terms of credit, in respect to the whole or any part of the purchase money, as the said court shall think proper; and in case of a sale or sales on credit, to direct what security shall be taken for the same, and in whose name the same shall be taken.

court may

cause an en

master there

II. And be it further enacted, That the said court of Previous to chancery may, previous to any order or decree for the the sale the sale and conveyance of the said real estate, or any part quiry to be thereof, cause any inquiry and report which shall be made by a thought proper, to be made by a master of the said of court, or other officer, to the end that such orders may be made in the premises as to the said court shall thereupon appear to be just.

Rachel

have a right

III. And be it further enacted, That upon any sale of that part of the said real estate wherein the said Ra- Thew to chel Thew, the mother of the said Daniel Thew, shall of dower. have an existing right of dower, the court of chancery shall cause one third part which shall remain clear of the purchase money arising from such sale, to be put out at interest, and secured or invested in such manner as that the said Rachel Thew may receive the interest or income thereof for and during her natural life, in lieu and satisfaction of her said right of dower; and that the principal money may be and remain for the use of the said infants, or their legal representatiyes, from and after the decease of the said Rachel Thew: and further, that if any doubt shall exist, or question arise as to the right of dower of the said Rachel Thew in any part of the said real estate which may be sold as aforesaid, it shall be lawful for the said court of chancery to inquire

Costs to be paid out of

of the estate.

into, ascertain and decide upon the same, in such manner, and by such means as to the said court shall seem expedient and proper, and that such decision shall be binding upon all parties.

IV. And be it further enacted, That it shall be lawthe proceeds ful for the said court of chancery to order the payment of all necessary costs and expenses which may accrue in carrying the provisions of this act into effect, out of the proceeds of the said real estate or any part thereof.

Sales how confirmed.

V. And be it further enacted, That any sale or sales, and conveyance and conveyances of the said real estate, or any part thereof, which shall be made under and in pursuance of this act, and of any order or decree of the said court of chancery, by virtue thereof, shall vest in the purchaser and grantee of such real estate, all the estate, right, title and interest, of the said infants respectively, and of their respective guardians in and to the same, and every part thereof, freed and discharged from the right of dower of the said Rachel Thew therein : Provided, That the dower of the said Rachel Thew shall not be affected by any such sale, unless her consent thereto shall have been first had and obtained.

CHAP. XVII.

An ACT further to continue the act, entitled "an act. relative to the office and duties of the Comptroller of this State, and for other purposes."

B

Passed February 28, 1812. E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That the act, entitled "an act relative to the office and duties of the Comptroller of this state," passed the eighteenth day of April, one thousand eight hundred and one, shall be and hereby is revived and continued in foree without limitation of time.

CHAP. XVIII.

An ACT authorising the Comptroller to loan Money to
Robert McQueen.

WH

Passed February 28, 1812.

HEREAS Robert McQueen, of the city of
New-York, heretofore erected a very exten-

« PreviousContinue »