Surveyorge.

rain lands.

II. And be it further enacted, That it shall be the neral direct duty of the surveyor-general to sell, at public vendue, ed to seller a sufficient number of the lots in the township of Benson to produce at least the sum of two thousand dol lars, first giving at least six weeks notice of the time and place of such sale.

to be paid to

sioners for

road.

III. And be it further enacted, That the said sum 2000 dolls of two thousand dollars, when so raised as aforesaid, said commis- shall, on the warrant of the comptroller, be paid by opening said the treasurer to the said commissioners, to be by them expended in defraying the expense of laying out, opening and making the said road: Provided, That the said sum shall not be paid to the said commissioners until they, with two sureties, to be approved of by the comptroller, shall execute to the people of this state a bond, in the penal sum of four thousand dollars, conditioned that the said commissioners shall faithfully expend the sum of two thousand dollars in defraying the expense of laying out, opening and making the said road, and will at any time, when thereto required by the comptroller, render a true account of such expenditure.

Commission.

ers to im

prove the road.

Variations

may be made

CHAP. CCVI.

An ACT for improving a road from Genesee River to

I.

Buffaloe.

Passed June 19, 1812. E it enacted by the people of the State of New

Bore, Assembly,

James W. Stevens, Frederick Miller and Joseph Landon be and they are hereby appointed commissioners to superintend the improving of the road leading from the bridge over the Genesee river, in the town of Avon, to Batavia, in the county of Genesee, and from thence to the court-house in Buffaloe, iu the county of Niagara.

II. And be it further enacted, That the said comin the route. missioners are hereby authorised to make such variations in the said road as they may deem necessary for the improvement thereof.

The treasur

er to pay

III. And be it further enacted, That the treasurer of this state shall, on the warrant of the comptroller, pay 500 dollars to the said commissioners the sum of five thousand out of cer tain monies. dollars out of any monies now in the treasury, or which may hereafter come into the treasury, from sales of land belonging to this state lying on the Niagara river. IV. And be it further enacted, That the said com- The commis missioners, before they enter upon the duties required give bond by this act, shall execute a bond to the people of this state, to be approved of by the comptroller in the sum of ten thousand dollars, conditioned that they shall faithfully discharge the duties required of them by this act.

sioners shall

how to be

V And be it further enacted, That in case of the vacancies death of or refusal to act of either of the said commis- led. sioners, it shall be lawful for the person administering the government of this state to supply such vacancy by the appointment of such person to fill the same as he, in his discretion, shall deem proper.

per

er shall ac

mon es ex

VI. And be it further enacted, That the said com- Commission missioners shall account with the comptroller for the count for the expenditures in improving said road, and for any pri- pended. vate subscriptions which may be made for that purpose, and that each of the said commissioners shall be entitled to two dollars for every day employed in forming the duties required by this act; and the account of the said commissioners shall be audited by the board of supervisors of the counties of Genesee and Niagara, the one half of which said account shall be levied and collected in each of said counties respectively, as part of the contingent expenses thereof: And further, That any two of the said commissioners shall be authorised to transact all business incident to the trust reposed in them by this act,

CHAP. CCVII.

An ACT for the relief of Isaac Hansen, Jacob Mancius, James Rivington, Charles Van Valkenburgh and John Mancius.

"B

Passed June 19, 1812.

E it enacted by the people of the state of NewYork, represented in senate and assembly, That on the said Isaac Hansen, Jacob Mancius, James Riv ington, Charles Van Valkenburgh and John Mancius delivering to the comptroller to be cancelled, the cer tificates of purchase issued by the surveyor general, bearing date respectively the nineteenth day of Febru. ary, one thousand eight hundred and seven, to wit: for lots number eleven and number twenty-nine, in a tract of land distinguished by the name of the Brant Lake Tract, to Jacob Mancius; for lots number five and number nine, in a tract of land distinguished by the name of the Schroon Tract, to the said Jacob Mancius; for lots number sixty-six and sixty-nine, in the said Brant Lake Tract, to Isaac Hansen, for lots number ninety and ninety-one, in the said Brant Lake Tract, to James Rivington; for lots number two hundred and fifteen and two hundred and sixteen, in the said last mentioned tract, to Charles Van Valkenburgh; for lots number forty-nine and fifty-one, in the said last mentioned tract, to John Mancius; and for lots number seven and eight, in the before mentioned Schroon Tract, that the said comptroller shall be and is hereby required to cancel the respective bonds for the purchase money of the said lots respectively of the said Isaac Hansen, Jacob Mancius, James Rivington, Charles Van Valkenburgh and John Mancius: And further, That the sales made by the surveyor-general to Harmanus P. Schuyler of lots number eighty-eight and eighty-nine, in the Brant Lake Tract; to James Van Ingen of lots number two hundred and twenty. three and two hundred and thirty-eight, in the said Brant Lake Tract; to Stephen P. Schuyler for lots number two hundred and eighteen and two hundred and nineteen, in the said Brant Lake Tract; and to Henry I. Bleecker for lots number two hundred and

twenty-one and two hundred and twenty-two, in the said Brant Lake Tract (the interests of the said Harmanus P. Schuyler, James Van Ingen, Stephen P. Schuyler and Henry I. Bleecker, being vested in the said Jacob Mancius) and for which no certificates were issued by the surveyor-general, nor bonds for the purchase money executed by the said Harmanus P. Schuyler, James Van Ingen, Stephen P. Schuyler and Henry I. Bleecker be and the said sales are hereby annulled, revoked and made void.

CHAP. CCVIII.

An ACT for the relief of Elizabeth Lancaster Lupton, and for other purposes.

W

Passed June 19, 1812.

HEREAS Charles Wright, guardian of the person and estate of Elizabeth Lancaster Lupton, an infant under the age of twenty-one years, and William Lupton, of the city of New-York, have presented their petition to the legislature at their present session, setting forth and stating that the said William Lupton, and Lancaster Lupton, his brother, and John B. Johnson and Elizabeth, his wife, in right of the said Elizabeth, the sister of them the said William and Lancaster, being seized in fee simple as tenants in common in equal parts of the moiety or one undivided half part of certain lands and real estate situated and lying in the counties of Rockland, Orange, Sullivan, Saratoga, Washington and Montgomery, in this state, and they the said William Lupton, Lancaster Lupton, and John B. Johnson and Elizabeth his wife, in right of the said Elizabeth, together with Peter Roosevelt, their brother of the half blood, being seized as tenants in common in equal parts of the other moiety or half part of the same lands and real estates, the undivided parts and shares of them the said John B. Johnson and Elizabeth his wife, and the said Peter. Roosevelt, were conveyed to and vested in the said William Lupton and Lancaster Lupton, as trustees upon trust, to sell and dispose of the same, and to execute conveyances

therefor to the purchasers in fee simple, and to pay over to them the said John B. Johnson and Elizabeth his wife and Peter Roosevelt respectively, their respective proportions of the purchase monies as the same should be received: and that sales and conveyances were made and executed by them the said William and Lancaster, for some part of the said lands and premises, and contracts entered into or terms agreed upon for the sale and conveyance of other parts thereof, but that the said Lancaster Lupton, before the said contract and agreements were carried into effect, died intestate, leaving Frances Platt Lupton, his widow, and the aforesaid Elizabeth Lancaster Lupton, his only child and heir at law him surviving; and that the said William Lupton, after the death of the said Lancaster Lupton not adverting to the descent upon that event of the part and share of the said Lancaster Lupton of and in the said lands and real estate to the said Elizabeth Lancaster Lupton, his heir at law, but erroneously supposing the same to accrue to him the said William Lupton as survivor, and the power to sell the same to vest in him, proceeded to carry into execu tion the said contracts and agreements for sales thereof which had been made in the life-time of the said Lancaster, but remained unexecuted at the time of his death; and also to make other and further sales and conveyances of further and other parts thereof, and to receive and take the considerations and purchase monies therefor to a large amount; and further setting forth and stating, that the said lands so sold by the said William Lupton, after the death of the said Lancaster Lupton as aforesaid, were sold at private sale on credit with real security for the prices and for the full value thereof at the times of the sales, and to the best advantage that sales thereof could be effected, and that the said sales were satisfactory to all the parties interested therein who were capable of judging of the same; the said lands were sold in lots or farms to settlers, who, in full confidence in the validity of their titles, have made improvements thereon; and that it will be greatly to the advantage and for the benefit of the said Elizabeth Lancaster Lupton, the said infant, as well

that