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A. D. 1811.

ed in an ad

cuit courts, it shall be lawful for the supreme court, on the application of either of the parties, on due no- may be tritice being given, to make order for the trial of any joining such issue or issues in some adjoining county, and county by such trial shall be as available as if had in the county the suin which the venues are laid.

order of

preme court

in the hands

?be execut

sheriff, and

ented by

VII. And be it further enacted, That whenever any Writs of execution against the lands and tenements of any de- execution fendant or defendants hath been or hereafter shall be of a sheriff issued and delivered to any sheriff within this state, dying may and such sheriff shall happen to die before the execu- ed by under tion is satisfied, in every such case it shall and may be deeds exelawful for the under sheriff of the sheriff so dying to execute every such writ of execution in like manner as the sheriff might do if in full life; and on sale of any real estate of any defendant or defendants, to execute in his own name a deed of the premises sold to any purchaser or purchasers, his or their heirs and assigns forever.

him.

Judg

ments to

real estate

purchasers

er thau 10

VIII. And be it further enacted, That no judgment heretofore rendered shall be or remain a lien on any be a lien on real estate, or in any manner incumber the same, as against against bona fide purchasers or subsequent incum-subsequent brances by mortgage, judgment or otherwise, for any no long longer time than ten years from and after the passing years. of this act; and that all judgments hereafter to be rendered shall cease to be a lien or incumbrance on any real estate as against bona fide purchasers or subsequent incumbrances by mortgage, judgment or otherwise, from and after ten years from the time the same shall be docketed, any law, usage or custom to the contrary notwithstanding: Provided nevertheless, That Provis in case the party in whose favor judgment heretofore has been or hereafter shall be entered, shall be restrained by injunction out of the court of chancery from issuing execution, the time which he shall be so restrained shall not be deemed or considered as any part of ten years.

56

A. D. 1811.

Preamble.

certain

provement

CHAP. CCXXXIX.

An ACT supplementary to the act for improving the road from Chester to Canton.

WHEE

Passed April 9th, 1811. HEREAS the road leading from Chester, in the county of Washington, to the town of Canton, in the county of St. Lawrence, running through large tracts of unsettled lands, cannot be improved and kept in repair by the ordinary means provided by law, and it is just that those who derive 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.

Sums to be 1. Be it therefore enacted by the people of the state assessed on of New-York, represented in Senate and Assembly, lands for im That there shall be assessed, paid and collected, for of said road the improvement of the said road, beginning at a place in Chester where the road hereby intended to be improved leaves the old road, leading to the Scaroon lake, near Meads' farm, and from thence along said road to the southeasterly line of the town of Canton, the following sums, viz. for every acre of land lying within one mile of the said road, (the owner or occupier whereof is not assessed for the repairs or improvement of the said road under the existing laws) a sum not exceeding five cents nor less than one mill, and for every acre of land lyHalf of said ing more than one and not more than two miles from the paid for the road so to be improved, not exceeding two cents nor year 1812. less than one mill, as a tax for the improvement of the said road for the present year, and that one half of the said sums shall be paid by the owners or proprietors of the same lands for the year one thousand eight hundred and twelve, (such owners not being in any case assessed by the existing laws for the repairs or imOne fourth provement of the said road by assessors of the several of said sums towns in which said lands may be) and one fourth of for 1813 & the amount of the said first mentioned tax in each of the then next succeeding two years.

sums to be

to be paid

1814.

II. And be it further enacted, That John Richards J. Richards shall be and he is hereby appointed an assessor for such appointed of the lands so to be assessed in Totten and Crosfield's

assessor.

purchase, so called, and in Macomb's purchase, so call. A. D. 1811. ed, who is hereby required, on or before the first day of June next, and in each of the then next succeeding four years, to examine and make a fair assessment on the lands herein made subject to this tax as aforesaid, which shall be in writing, and shall ascertain and de- His duty scribe 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 some newspaper printed in the city of Albany, that such assessments have been made, mentioning the owners of the said lands where they are known to the said assessor respectively, who shall use all reasonable diligence to find out the said owners names, to whom in such case a written notice shall be given, and that the amount of the said tax is required to be paid to the comptroller of this state, or to said assessor, on or before the first Monday in November then next in each year, and that if such sums 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, if necessary, be sold by the comptroller of this state in the city of Albany, to the highest bidder, to raise the amount of the sums so assessed and remaining unpaid: Provided nevertheless, Remedy That if any person so assessed shall think himself for persons ag- aggrieved. grieved 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 thereupon shall be conclusive, a copy of the assessments to be made as aforesaid, shall be lodged in the comptroller's office for his government previous to the first Monday in September in each year.

ler to sell

III. And be it further enacted, That the comptrol- Comptroiler of this state shall, on the first Monday in November lands of dein each year, and on the succeeding days, if necessary, linquents or at any subsequent time, on public notice given, proceed to sell the parcels of land so assessed, or so much thereof as may be necessary to raise the amount of the taxes thereupon that shall remain unpaid, and the said comptroller shall be and is authorised to make a conveyance to the purchasers of the land so sold, and which

Lands redeemable

months

disposed of.

A. D. 1811. shall vest the absolute title thereof in the purchaser in fee simple. And provided that such sale and convey, ance shall not be valid, if the owner of such land so within six sold and conveyed by the said comptroller shall within six months after such sale pay to the said comptroller the amount of the assessment for which such sale was made, together with the expense of the same, and the amount that may be paid or shall be collected by the Monies col- said comptroller and assessor shall be forthwith paid to lected, how the commissioners or any two of them appointed under the act to which this is a supplement, after deducting Assessors actual disbursments, and five per cent. to the assessor compensa- respectively on the sums collected and paid by them respectively, the said assessor shall take duplicate receipts for the money paid by him to the said commissioners, one of which shall be transmitted to the comptroller, who shall require the said commissioners to account therefor according to law, and the said monies shall be as faithfully and speedily as possible applied to the repairs andimprovement of the said road: Provided, That no lands this state belonging to the state at the time of making any of the said assessments shall be liable therefor or be assessed,

tion.

Lands be

longing to

not to be as sessed.

Assessor

to take an outh and

give bond

do

IV. And be it further enacted, That the said assess→ or, previous to his acting as such, shall take and subscribe the following oath or affirmation: "I 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 supplementary to the act for improving the road from Chester to Canton," to which I am ap' pointed, without favor or affection, so help me God:'and shall moreover give a bond with surety, to be approved by the comptroller, in the sum of five thousand dollars, with condition faithfully and punctually to perform all things required of him by this act, according to the true intent and meaning thereof, which oath and bond shall be deposited in the comptroller's office.

WH

CHAP. CCXL.

An ACT for the relief of Abraham Brokaw, and the representatives of Peter S. Van Harlingen. Passed April 9th, 1811. HEREAS it is represented to the legislature by the petition of Abraham Brokaw and George G. Brinkerhoff, and Mary his wife, Mary Van Harlingen and Arratta Duryou, heirs of Peter Š. Van Harlingen, deceased, that the said Abraham, in the life time of the said Peter, was seized and possessed of and in one hundred acres of land situate in the northwest corner of lot number eighty-four, in the town of Owasco, late Aurelius, in the county of Cayuga, and that the said Peter at the same time was in like manner seized and possessed of and in one hundred acres of land situate in the south-east corner of lot number ninety-nine, in the town and county aforesaid; that the said Abraham and Peter being so thereof seized as aforesaid, did mutually agree to exchange their said tracts of land with each other and convey the same, and in pursuance of such agreement the said Abraham entered into the possession of and upon the said one hundred acres of land on said lot number ninety-nine, and the said Peter entered into the possession of and upon the said one hundred acres of land in said lot number eighty-four; that the said Abraham and Peter ever afterwards, and until the death of the said Peter, possessed and claimed the said premises so taken in exchange as their own; that the said Peter died intestate, leaving the said petitioners and one Johannes Martinus Van Harlingen, an infant, within the age of twenty-one years, his heirs at law, without having executed any deed or conveyance to the said Abraham, and without the said Abraham's having executed to him any deed or conveyance in pursuance of said agreement and exchange; that in order to save expense, the said Abraham and the heirs of the said Peter have mutually agreed to execute deeds of conveyance for said tracts of land, conformable to the aforesaid agreement and exchange of the said Abraham and Peter, but by reason of the infancy of the said Johannes they cannot effectually do the same without legislative aid: Therefore,

A. D. 1811.

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