shall enter into the duties of their office, they shall enter into bonds to the people of this state in the sum of eight thousand dollars for the faithful performance of the duties of their office, and to account with the comptroller of this state within two years from the passing of this act, for the expenditure of the said sum of money, and to repay any overplus which may remain unexpended.

CHAP. CXCVI.

An ACT further to improve the road from Hopkinton, in the county of St. Lawrence, to North-West Bay, on Lake Champlain.

W

Passed Jure 19, 1812.

HEREAS the appropriations heretofore made for opening and improving the road from Hop- Preamble, kinton to North-West Bay, have been found entirely inadequate to open and improve the same so as to render it passable: And whereas the said road runs through large tracts of unsettled lands, so that it cannot be made passable by the ordinary means provided by law: And whereas, the said road, when made, will open an important communication between the northern and southern parts of this state: And whereas, it is but just that those who derive immediate benefit from the said road in the improvement of their lands, should bear a reasonable part of the expenses of opening and improving the same: Therefore,

how m

1. BE it enacted by the people of the state of NewYork, represented in Senate and Assembly, That for Assess improving said road there shall be assessed, paid and collected on the lands situate within two miles of said road, and between the west line of township number eleven, of the Old Military Tract, and the said town of Hopkinton, the following sums, viz: For every acre of said land lying within one mile of the said road, a sum not exceeding five cents nor less than two mills; and for every acre of said land lying more than one, and not more than two miles from the said road so to be improved, not exceeding two cents nor less than

50

B. Raymond appointed

assessor.

one mill, as a tax for the improvement of the said road for the present year, and that the like sums shall be paid on the said lands, in the years one thousand eight hundred and thirteen, and one thousand eight hundred and fourteen.

II. And be it further enacted, That Benjamin Raymond shall be and he is hereby appointed an assessor to make the assessments contemplated in and by the first section of this act, who is hereby required on or before the first day of August next: and also on or f'is duty. before the first day of June, in the year one thousand eight hundred and thirteen and one thousand eight hundred and fourteen, to examine and make a fair assessment of the lands herein made subject to this tax as aforesaid, which shall be in writing; and shall ascertain and describe the parcels of land so assessed as nearly accurate as he can: and he shall forthwith give notice twice in each month in some newspaper printed in the city of New-York, and twice in each month in the newspaper printed by the printer to this state, that such assessments have been made, mentioning the owners of the said lands, where they are known to the said assessor, and the amount of the tax charged on each township, tract, piece or parcel of land so as aforesaid assessed, and thereby requiring payment to be made of such tax to the treasurer of this state before the second Monday of November then next in each year; and that if the tax so assessed shall not be paid, so much of the lands liable therefor as may be necessary will on that day, or on the next succeeding days, be sold by the comptroller of this state, at the capitol in the city of Albany, to the highest bidder, to raise the amount of the sums so assessed and remaining unpaid: and the said assessor shall, immediately after completing the said assessments, in each year transmit a copy thereof to the comptroller for his government: Provid ed nevertheless, That if any person so assessed shall think himself aggrieved by any such assessment, such person may require an actual survey to ascertain the same at his own expense, and the decision of the assessor thereon shall be conclusive.

III. And be it further enacted, That the said comp

troller to

amonnt of

troller shall, on application to him for that purpose, The comp certify the amount of said tax due on any of said lands, certi y the and the treasurer shall, on the payment of the amount certain taxes so certified, give his receipt for the same, which receipt, when countersigned by the comptroller, shall be a sufficient discharge of such tax.

certain lands

IV. Be it further enacted, That the said comptroller He shall sell shall, on the second Monday of November next, and if necessary. on the second Monday of November in the years one thousand eight hundred and thirteen and one thousand eight hundred and fourteen, and on the next succeeding days if necessary, proceed to sell the parcels of land so assessed, or so much thereon as may be necessary to raise the taxes thereof that shall remain unpaid; and the said comptroller shall be and is hereby authorised to make a conveyance to the purchasers of the land so sold, and which shall vest the absolute title thereof in the purchaser in fee simple: Provided, how- Proviso. ever, That such sale and conveyance shall not be valid if the owner of such land so sold and conveyed by the said comptroller shall, within two years after such sale, pay into the treasury of this state, for the use of the said purchaser, the amount of the purchase money, with an interest thereon at the rate of fourteen per centum per annum; and the amount of said assessments, when received into the treasury, shall be paid on the warrant of the comptroller to the commissioner named and appointed in and by the act, entitled an act to establish and improve a road from the northwest bay on Lake Champlain to Hopkinton, in the county of St. Lawrence," passed 5th April, 1810, after deducting actual disbursements, and for advertisements and for expenses of sale, and five per cent to the said assessor for his compensation; and the said monies shall be as faithfully and speedily as possible applied to the repairs and improvement of said road between the said town of Hopkinton and the west line of the Old Military Tract so called: Provided, That no lands belonging to the people of this state, at the time of making of any of the said assessments, shall be liable therefor or be assessed.

66

V. And be it further enacted, That the said assessor,

Assessors oath.

treasur

dollars

ertain 'sons.

previous to his acting as such, shall take and subscribe the following oath or affirmation :-" I,

do solemnly swear (or affirm) that I will faithfully and impartially, according to the best of my judgment and ability, execute the duties of an assessor under the act, entitled "an act further to improve the road from Hopkinton, in the county of St. Lawrence, to Northwest Bay, on Lake Champlain," to which I am appointed, without favor or affection, so help me God," which oath shall be deposited in the comptroller's office. And whereas the said road runs through large tracts of the state lands in townships number one, number eleven and number twelve of the Old Military Tract: Therefore,

VI. Be it further enacted, That the treasurer, on all pay the warrant of the comptroller, pay unto the said commissioner, together with John Grant, of the town of Keene, or their order, out of any money in the treasury, the sum of three thousand dollars, which sum shall be by them as soon as may be appropriated in opening and improving said road between the west line of the Old Military Tract so called, and the dwelling house of Zadock Hurd, in the town of Keene, in the county of Essex.

Route of the

altered.

VII. And be it further enacted, That the said comroad may be missioners shall be and are hereby authorised to devi ate from the present track of the said road, whenever they may deem it to be to the public advantage so to do.

Monies ex

accounted

VIII. And be it further enacted, That the said compended to be misioners shall account with the comptroller for the for. faithful expenditure of all monies to be received by them in pursuance of this act whenever they shall be thereunto required.

Commission

bond.

IX. And be it further enacted. That the said comsers hall give missioners shall, before they receive any of the said money from the treasurer, enter into a bond or bonds to the people of this state, with sufficient surety to the acceptance of the comptroller of this state, in double the sum they may so receive, that they will faithfully expend the said money in making and repairing said

road, and will account to the comptroller for the same within two years from the receipt of such monies.

strect in

Broome

laid as a

way.

X. And be it further enacted, That the said com A certain missioners of highways for the town of Chenango, in Cheng, the county of Broome, be and they are hereby author- county, to be ised and directed to lay out into a public highway public highWater-street, the street extending from Court-street to the Susquehannah river, of the width of sixty feet, any thing in the act, entitled "an act to regulate highways," to the contrary notwithstanding.

CHAP. CXCVII.

An ACT for the Relief of the Heirs of John Schultzs, deceased.

W

Passed June 19, 1812.

HEREAS it is represented to the Legislature by all the heirs of John Schultzs, late of the town of Rhinebeck, in the county of Dutchess, that he died seised of real estate, leaving several children, some of whom are infants; that the real estate so left is unproductive of sufficient revenue for the support of the said children; that a partition of that part of the estate which belongs to the children, and not set apart to the widow of the said John Schultzs, would be prodictive of great inconvenience and injury to their interests; that a sale of the whole together may be effected on terms more advantageous, and will probably produce a fund the income of which will support and educate the minor children: And whereas they, by their guardians, together with the children, who are of full age, have prayed that a law may be passed for the sale of the whole property together: Therefore,

I. Be it enacted by the people of the state of NewYork, represented in senate and assembly, That Robert Sands, Jacob Schultzs and John F. Schultzs, be and they are hereby appointed trustees, with full power to them, or any two of them, to grant, bargain and sell, for the best price and upon the best terms in their power, all the real estate of which the said John Schultzs died seised, and that they, or any two of them, may execute good and sufficient deeds and con