as the said purchasers, that the said sales should be confirmed, and that it is very desirable for her, in her present circumstances, that her proportion of the purchase monies received for the said lands and real estate, wherein she was interested, so sold by the said William Lupton, should be accounted for and paid to her or to her said guardian for her use; that all the personal estate of the said Lancaster Lupton, at the time of his death, has been applied towards the payment of his debts; and that the real estate descended to her, the said Elizabeth Lancaster Lupton, from the said Lancaster Lupton her father, being vested in her as a tenant in common with the said William Lupton, and the heirs of the said Elizabeth Johnson, then deceased, the same, with the exception of the lands aforesaid where of he, the said Lancaster Lupton, was seized at the time of his death as a tenant in common with the said William Lupton, John B. Johnson and Elizabeth his wife, and Peter Roosevelt, hath been sold under and by virtue of the power and provision in that behalf contained in the act, entitled "an act for the partition of lands," and that the said Frances Platt Lupton, the widow of the said Lancaster, claims to have one third part of the produce thereof set apart, and the income and interest thereof appropriated and secured to her or for her use during her natural life, in lieu and satisfaction of her dower of the said real estate whereof such sale was so made, and that the whole of the remaining two third parts thereof, if no aid can be derived from the proceeds of the sales aforesaid, so made by the said William Lupton after the death of the said Lancaster Lupton, of the lands aforesaid, wherein the said Lancaster was interested at the time of his death as aforesaid, will be exhausted by the debts of him the said Lancaster Lupton; and the whole estate and property of her the said Elizabeth Lancaster Lupton will then consist of her undivided part and proportion of the said lands and real estate whereof the said Lancaster Lupton, deceased, and the said William Lupton, John B. Johnson and Elizabeth his wife, and Peter Roosevelt were seized as tenants in common at the time of the death of the said Lancaster Lupton; that the said

lands though valuable are unsettled and unproductive, except the parts thereof so sold by the said William Lupton, and the said Charles Wright further setting forth and stating that if the said sales so made by the said William Lupton, after the death of the said Lan caster, of parts of the said lands so descended to the said Elizabeth Lancaster Lupton, should be disaffirm, ed, and the claim of the said Frances Platt Lupton to such provision as aforesaid, for her dower of the lands sold under the act aforesaid, should be established and allowed, there will be no revenue or productive pro perty whatever left for the maintenance and edu cation of her the said Elizabeth Lancaster Lupton; and that if the said sales of her said real estate, so made by the said William Lupton, are confirmed, and the produce thereof accounted for and paid to her said guardian for her use, the same will afford but a scanty support for her the said Elizabeth Lancaster Lupton during her minority, and will be wholly insufficient to enable her said guardian to give her a suitable and proper education; and that the necessities or interests of his said ward may and probably will render future sales of her real estate, or of some part thereof, desira ble and expedient to be made during her minority, and before she acquires a legal capacity to make the same; and therefore praying that the sales and convey. ances of the said lands and real estate wherein she the said Elizabeth Lancaster Lupton was interested, so made by the said William Lupton after the death of the said Lancaster Lupton as aforesaid, may be con firmed, to the end that her share and proportion of the produce thereof may be allowed and paid to her said guardian for her use: and that suitable provision may be made by law for further sales of the real estate of her the said Elizabeth Lancaster Lupton during her minority, in case her exigencies shall be found to re quire the same to be done: And whereas the said Francis Platt Lupton, the widow of the said Lancaster Lupton, deceased, hath, by writing under her hand, consented to and concurred in the prayer of the said petition and it appears reasonable and proper that the same should be granted: Therefore,

:

I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the sales and conveyances made by the said William Lupton, after the death of the said Lancaster Lupton, of such parts of the lands and real estate wherein the said Lancaster Lupton was interested at the time of his death, as have been so sold and conveyed to purchasers by the said William Lupton as aforesaid, and the titles of the purchasers thereof under the conveyances of the said William Lupton therefor, as far as respects the said Elizabeth Lancaster Lupton and Frances Platt Lupton, be and the same hereby are confirmed and made valid and shall, to all intents and purposes, be held, deemed and taken to be as ef fectual as if the same had been made by the said Lancaster Lupton in his life time: Provided, That the monies made by the sale thereof be fully and faithfully accounted for and allowed and paid to her the said Élizabeth Lancaster Lupton, or to her guardian for

her use.

II. And be it further enacted, That it shall be lawful for the chancellor of this state, for the time being, and he is hereby authorised and empowered at any time or times during the minority of the said Elizabeth Lancaster Lupton, on the application of the said Charles Wright, the guardian of the person and estate of her the said Elizabeth Lancaster Lupton, or on the application of any future guardian or guardians of the person and estate of the said infant, by petition or bill, to allow and order the sale by such guardian or guardians, under the direction of one of the masters, or such other proper officer of the court of chancery as the chancellor may designate for that purpose, or by one of the masters or other proper officer of the said court, of the real estate of her the said Elizabeth Lancaster Lupton now remaining unsold, or of any part or parts thereof, and on such terms and in such manner as he may think proper, in case he shall be satisfied that such sale or sales will be for the benefit and advantage of her the said Elizabeth Lancaster Lupton, and to take such order for the disposition, management and application of the monies to arise and be made by such

Rates of toll.

sale or sales, as may appear to him to be fit and proper and such sale or sales, when confirmed by the court of chancery, shall be as valid and effectual, to all intents and purposes, as if made by her the said Eliza beth Lancaster Lupton, at her full age of twenty-one years, and the conveyances given for the lands so sold in pursuance of the order of the said court for that pur pose, shall vest in the purchaser or purchasers thereof all the right, estate, title and interest of her the said Eliza. beth Lancaster Lupton, and also of her the said Frances Platt Lupton therein at the time of such sale and conveyance thereof: Provided, That it shall be lawful for the said court of Chancery, on every such sale, to take such order as may appear proper to the said court, for securing to the said Frances Platt Lupton, during her life, the interest and income of one full third part of the nett monies and produce of such sale, in lieu and satisfaction of her dower of the lands so sold.

CHAP. CCIX.

An ACT authorising an additional Toll to be received at the Bridge of Schaghticoke-Point, and at the Val ley Bridge, in the Town of Schaghticoke, and for other purposes.

I.

B

That

Passed June 19, 1812. E it enacted by the people of the state of New York, represented in senate and assembly, the proprietors of the bridge at Schaghticoke-Point, and of the Valley bridge, in said town, in the county of Rensselaer, be and are hereby authorised, after the fourth day of July nex:, to demand and receive at each of said bridges the following rates of toll, to wit: For every person and horse, four cents; for every head of cattle, two cents; for every horse, two cents; for sheep and hogs, at and after the rate of six cents per score; for every waggon, sleigh or cart, drawn by one horse or creature, six cents, and for horse or working creature, two cents; for every chaise or pleasure carriage, drawn by one horse, eight cents; for every stage-coach or phaeton, eighteen cents:

every

additional

which said rates of toll it shall be lawful for the proprietors of said bridges to receive, any thing contained in the act, entitled "an act authorising John Knickerbacker, junior, and others to build a toll-bridge at Schaghticoke-Point, in the county of Rensselaer," passed March 23d, 1799, and the act, entitled " an act authorising Sanford Smith and others to build a toll-bridge over Hoosack river," passed March 9th, 1805, to the contrary notwithstanding: Provided always, That the proprietors of said bridges shall be subject to the same limitations and conditions as contained in the aforesaid acts.

And whereas the commissioners appointed under the act for opening and improving a road from the village of Troy to Battenkill, have represented to the legislature that they have a considerable quantity of materials on hand, by them collected for erecting a bridge over Hoosack river, and that a toll-bridge is directed by law to be built over said river, and have therefore requested to be enabled to use the materials by them provided on the other parts of the said road: Therefore

Proviso

Certain ma

be sold.

II. Be it further enacted, That it shall and may be lawful for the said commissioners, and they are hereby terials may directed and empowered, to apply the said materials so on hand, or to sell the same, or any part thereof, and apply the monies arising from such sale, as well as any other monies in their hands for that purpose, towards building other bridges and improving the said road in the above extent thereof, any former law to the contrary notwithstanding.

7000 dolls.

to the Rens.

len and cot

III. And be it further enacted, That the comptroller be and he is hereby authorised to loan the presi- to be loaned dent and directors of the Rensselaer woollen and cot- selaer woolton manufacturing company, at Schaghticoke-Point, ton company the sum of seven thousand dollars, out of any money in the treasury arising from the school fund, at the rate of seven per centum per annum : Provided, That the president and directors shall sccure, or cause to be secured, the said sum of money to the people of the state of New-York, by a sufficient bond, conditioned

Proviso