A. D. 1811. to Philip Livingston and others, in the town of Minden, in the county of Montgomery, and also in a patent granted to Frederick Young and others, in the counties of Otsego and Schoharie, for the use and benefit of the said James L. Palmer, Francis Henry, Joseph House and Francis Hawley, in equal proportions. And whereas the petitioners further state, that the said Francis Hawley died leaving children that are infants, all under the age of twenty-one years, and that no division of the said lands was made during the life time of the said Francis Hawley; and also that the said Francis Hawley during his life time never conveyed to the aforesaid James L. Palmer and Francis Henry, or to the said James L. Palmer, Francis Henry and Joseph House their respective rights as above set forth, and pray that a law may be passed authorising the administrator to the estate of the said Francis Hawley, deceased, to sell and convey the said lands for the benefit of the heirs of the said Francis Hawley and the said James L. Palmer, Francis Henry and Joseph House. And it further appears by the said petition, that the aforesaid lands are principally in small tracts or parcels, and would sell much better together than if divided: Therefore, BE it enacted by the people of the state of New-York, represented in senate and assembly, That it shall and may be lawful for the administrator of the said Francis Hawley to sell the lands and execute releases and conveyances of the several tracts of land, and divide the monies arising from such sales in manner following, to wit: the monies arising from the sales of the lands situate in Young's patent, in the town of Warren, called the gore lot, shall be divided in three equal shares or parts between the heirs of the said Francis Hawley, James L. Palmer and Francis Henry, and the monies arising from the sales of the other lands jointly owned as aforesaid, shall be divided in four equal parts or shares amongst the heirs of Francis Hawley and James L. Palmer, Francis Henry and Joseph House: Provided always, That such conveyances shall not conclude the heirs of the said Francis Hawley, deceased, unless the chancellor of this state shall endorse on the same respectively a certificate that he is satisfied with the form of such conveyances, and that they are made in such man- A. D. 1811. ner as not to prejudice the heirs of the said Francis Hawley, and that the sales so made were necessary to fulfil existing and valid contracts entered into by the said Francis Hawley in his life time: And provided further, That no sales shall be made by virtue of this act until guardians shall have been appointed for all the infant heirs to be affected by the passage of this act, previous to the making of such sales, and shall give his or their assent thereto: And provided further, That the said administrator, before such sales shall be made and considered valid, shall execute a bond, with two sufficient sureties, to be approved by the chancellor, in such sum as the chancellor shall direct, conditioned for the faithful execution of the trusts and duties vested in him by this act, which bond shall be filed in the office of the register of the court of chancery for the benefit of all persons interested in the above sales to be made. I. B CHAP. CCXXVIII. to lay out a Herkimer An ACT to appoint Commissioners to lay out a certain road therein mentioned. Passed April 9th, 1811. E it enacted by the people of the state of NewYork, represented in senate and Assembly, That Commiss`rs George Rosecrantz, Thaddeus Loomis and Ezekiel appointed Belding be and they are hereby appointed commission- road in the ers with full power to lay out a public road, four rods counties of wide, in as direct a route as the face of the country will and Montadmit, beginning on the Mohawk turnpike at or near gomery. the village of Little-Falls, Herkimer county, and running from thence to or near the mills of Adam Feeter, on the east Canada creek, from thence to intersect the Black river state road, in the town of Oppenheim, Montgomery county. II. And be it further enacted, That before either of To take an the said commissioners enters on the duties of his office, oath he shall take and subscribe an oath or affirmation, before a justice of the peace of one of the said counties, that he will act without favor or partiality in laying out the said road. III. And be it further enacted, That if any part of the proved land said road shall run through enclosed or improved lands, for Damares done to in to be paid A. D. 1811. the damages may be agreed upon between the proprie, tor and the said commissioners, or they shall be appraised as directed in and by the fifteenth section of the act entitled "An act to regulate highways," and in either case, the damages shall be paid in the manner prescribed by the act aforesaid, and said road shall be opened and kept in repair according to the provisions of the said act. IV. And be it further enacted, That the said commissioners shall cause to be made an accurate map of Maps of the survey of said road, and shall file in the office of the the road to clerk of each town through which said road shall be laid, be filed. a copy of the map and the field notes of such parts of the said road as shall be laid in such town; and each of the said commissioners and their surveyor shall be allowed two dollars per day for each day they shall be Compensa- necessarily employed in the duties aforesaid, and their commis accounts shall be audited and paid as contingent charges sioners. of the several towns through which said road shall be tion to the Adminis thorised to of the real Tryon. laid, in proportion to the distance in each of said towns. CHAP. CCXXIX. An ACT in addition to the act entitled "An act to au- I. Bert, and Assembly, That trators au- in addition to the powers granted to the administratrix dispose of and administrator, in and by the act entitled "An act the residue to authorise the administratrix and administrator of estate of J. John Tryon to sell real estate," passed 27th March, 1809, it shall be lawful for them, or a majority of them, or the survivors, or a majority of them, to make, execute and deliver good and sufficient deed or deeds for granting, bargaining, selling, releasing and conveying to the purchaser or purchasers, his, her or their heirs and assigns forever, all and singular the risidue of the and deliver real estate whereof the said John Tryon died seized, security other than that part of the said estate situate in the executing county of Columbia: Provided, That before any conconveyan- veyance shall be executed for any part of said lands, To execute previous to the administratrix and administrators aforesaid, or the A. D. 1811. survivors or survivor of them, shall either execute and deliver similar security to the heirs of the said John Tryon, as mentioned and directed in and by the act aforesaid, which being filed as therein directed, shall be considered as entitled to all the privileges and benefits, and be subject to all the restrictions mentioned in the said act; or that they and their sureties shall make and execute a certificate or certificates, under their several and respective hands and seals, consenting that the security heretofore executed and approved by the chancellor of this state, and filed pursuant to the directions of the said act, shall be considered as applicable to all future sales to be made by virtue of this act, which certificate shall be filed with the officer having custody of the bond heretofore executed, in which case the said sureties shall be adjudged and deemed bound for all the acts to be done and performed by the said administratrix and administrators, in the same manner as if the security was executed and delivered after the passing of this act: And provided the princifurther, That nothing contained in this act, or the act pal arising herein referred to, shall authorise the distribution of to be disany part of the principal money arising from the sale of any part of the real estate hereby authorised to be sold, but that she shall be entitled to receive the interest during her life arising from the one third part of the proceeds of the estate hereby authorised to be sold. No part of from sales tributed. Commiss'rs to make real estate II. And be it further enacted, That Elisha Gilbert, partition of junior, Peleg Spencer, Esquire, and David W. Pat- J. Tryon's terson, be and they are hereby appointed commission- appointed. ers for the purpose of making partition of all the real estate whereof the said John Tryon died seized, situate in the county of Columbia, between the heirs of the said John Tryon, according to their respective rights, whose proceedings shall be returned to the court of common pleas in and for the said county, and being by them confirmed, shall be deemed and adjudged final and conclusive between the said heirs. A. D. 1811, CHAP. CCXXX. An ACT to incorporate the Canandaigua, Palmyra and I. Passed April 9th, 1811. 1. E it enacted by the people of the state of NewYork, represented in senate and assembly, That Canandai Jacob W. Hallett, Joseph Colt, Edward Durfee, and all Fa and Pult such other persons as shall associate for the purpose of gua, Palmy ney-Ville making a good and sufficient turnpike road to begin at road com- the court-house in Canandaigua, in the county of Onpany incor-tario, from thence the most eligible and practicable turnpike porated. rate rights route to the village of Palmyra, from thence the most direct and eligible route to Pultney-Ville, on lake Ontario, to be laid out by three commissioners to be appointed by the person administering the government of this state, shall be and hereby are erected and made a corporate and body politic, in fact and in name, by the Their style name of "the president, directors and company of the and corpo- Canandaigua, Palmyra and Pultney-Ville turnpike road company," and by that name they shall be capable in law to purchase, hold and enjoy and retain to themselves and their respective successors, and may have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places, in all manner of actions, suits, complaints, matters and causes whatsoever, and by the same name and style shall be in law capable of purchasing, holding and conveying any estate real and personal, for the use of the said Proviso. corporation: Provided, That such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the intent of the said corporation, and to no other purpose whatsoever. Cap'l stock, consist II. And be it further enacted, That the stock of of what to the said company hereby incorporated shall consist of twelve hundred shares, of twenty-five dollars each; and Commiss'rs that Jacob W. Hallett, Joseph Colt and Moses Atwasubscrip- ter shall be and hereby are appointed commissioners to receive subscriptions for the said stock in the manner directed in and by the act entitled "an act relative to to receive tions ap pointed. |