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presented to the legislature that he died intestate, leaving a large real estate, which is not only unproductive, but from its situation liable to great injury, and have prayed that the administrators of the goods and chattels, rights and credits of the said Ebenezer may be authorised to dispose of the said estate in a manner most conducive to the interests of the heirs of the said Ebenezer Proud. fit, which prayer is reasonable : Therefore, St
I. BE it enacted by the people of the state of New-York, rep. Elate of E. resented in Senate and Assembly, That the administrators of all proudht how
difpofed of. and singular the goods and chattels, rights and credits of the said "*" Ebenezer Proudfit, or a majority of them, or the survivors or sur. vivor of them, be and they are hereby declared to be trustees of all the real estate whereof the said Ebenezer died seised within this state, with full power to grant, bargain, sell, lease in fee or for life, all and singular such part or parts thereof, and to make and execute to the said purchasers or lessees such deeds or other conveyances as may be necessary or proper for granting or conveying the same : Provided always, That before any such sale or Proviso. demise shall be consummated, the same shall be sanctioned and approved of by the chancellor, or such officer of his court as he shall for that purpose designate.l.
p hold II. And be it further enacted, That the trustees aforesaid shall portion pay to the widow of the said Ebenezer during her natural life, be allowed
to the wie such portion of the income of the said estate, to and for her sole dow. use and benefit, not exceeding one third of the net yearly income thereof, as the chancellor of this state shall, on application to him for that purpose, make, order and direct, in lieu and bar of the dower of the said widow, and such further sum or sums for and on account of the support, maintenance and education of the said heirs as the said chancellor on like application shall order and direct, regard being at all times had to the degree and standing of the parties and the amount of income.
III. And be it further enacted, That the trustees aforesaid, Bond to be before they enter upon the execution of the trust hereby created,
troftees, shall execute and file in the office of a register of the court of chancery, a bond in such sum and with such sureties as the chancellor of this state shall approve, conditioned for the fair and faithful discharge of the duties of this trust, and for the fair and full dis. tribution of the proceeds of such estate among all the heirs of the said Ebenezer Proudfit, and to account therefor whenever required by the chancellor of this state.
IV. And be it further enacted, That the said trustees shall Heirs to repay over to each of the heirs as they respectively attain the age ceive their
portion as of twenty-one years, his or her portion of the estate, taking such they become security from such heir as the said chancellor shall approve, for a of age. return or repayment for such part thereof as may be necessary to equalize the portion or portions of the other heirs in the event of any loss happening by the insolvency of any debtor or failure of any fund in which such estate may be vested.
ven by the Tax retorns
from the Treasurer of Niagara county for the year 1812, and
Passed April 2, 1813. I. BE it enacted by the people of the state of New York, of 1812 in represented in Senate and Assembly, That the comptroller be Nergarital and he is hereby authorised and required to receive the tax reby the compo turn from the treasurer of Niagara county, for the year one thou
sand eight hundred and twelve, and the said return is hereby declared as valid as if the same had been made within the time re
quired by law. Allo of De
II. And be it further enacted, That the comptroller be and he is hereby authorised to receive the tax lists of the non-residents for the towns of De Ruyter and Lenox in the county of Madison, heretofore rejected by him on account of some informality in cer. tifying and signing, any law to the contrary not withstanding.
Ruyter and Lenox in Madifon county.
the town clerk's offic
CHAP. CIII. An ACT anointing Commissioners to lay out a Road from Rome, in Oneida county, to Lake Ontario.
Passed April 2, 1813. mmiffioné I. BE it enacted by the people of the state of New-York, rep. ers to lay resented in Senate and Assembly, That Benjamin Wright, James out the road.
Lynch and John Meacham be and hereby are appointed commissioners to lay out a public road four rods wide, in the most direct and convenient route from the village of Rome, in the county of Oneida, to the southeasterly part of Lake Ontario at or near the mouth of Salmon river.
II. And be it further enacted, That when the said commission. Description of the route
ers shall have laid out the said road they shall cause a description to be filed in of the route of the said road to be recorded in the offices of the
clerks of the several towns through which such road shall pass, and the commissioners of highways in said several towns shall without delay after the recording of the route thereof as aforesaid cause the said road to be opened and worked in their respective towns, in the same manner as if the same had been laid out by said town commissioners.
III. And be it further enacted, That when any part of the said
road shall be laid out through any inclosed lands, the owner or lands to be paid for dam. owners thereof shall be paid his or their damages by the town in
which such improved lands lie, to be assessed and determined in the same manner as damages are directed to be assessed by an act entitled “ an act to regulate highways.”
IV. And be it further enacted, 'That the said commissioners of cornnis's. shall each be allowed two dollars a day for each day they shall be
employed in the service aforesaid, to be raised, levied, and collected by the supervisors of the county of Oneida on the inhabitants and freeholders of the said county, in the same manner as the other contingent expenses of the said county are raised, levied and collected.
V. And be it further enacted, That each of the said commis
sioners, before he enters on the duties of his office shall take and They shall
take an oath, subscribe before one of the judges of the county of Oneida, the following oath, to wit:.“I-.. do solemnly swear and declare that I will in all things, to the best of my knowledge and ability, well and faithfully execute the trust reposed in me by virtue of the act entitled an act appointing commissioners to lay out a road from Rome, in Oneida county, to Lake Ontario.”
ety of Mechanics of the city and vicinity of Albany, for purposes
Passed April 2, 1813. WHEREAS it has been represented to the legislature by the petition of the said society, that in proceeding in the business of their incorporation they have purchased a lot of ground and house for the hall of their meeting, and have erected a building for a school house, and that the principal attention of the society is di. rected to the education of their children, but that they have met with much embarrassment and difficulty in their proceedings from the number of members required as a quorum to transact the business of said society, being so great as to make it extremely difficult to procure such quorum, and have prayed relief in the premises, and the legislature being willing to grant such relief; Therefore,
Be it enacted by the people of the state of New York, represented in Senate and Assembly, That on notice having been given for two weeks in one of the public newspapers printed in the city of Albany, of the time and place of holding the annual election for the choice of officers and trustees of said society, the members who may attend at such time and place, not being less than twenty in number, shall be a quorum for the purpose of such election, and that in all other cases of a meeting of the said society, twenty members, together with the president, or in case of his sickness or absence from the city of Albany, either of the vice. presidents, shall be a quorum for transacting all such business as the said society in general meeting are authorised to perform by or under their act of incorporation, any thing in the said act of incorporation to the contrary notwithstanding.
Passed April 2, 1813. I, BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall be the duty of the Private buildcommissioners of highways of the town of Hannibal, in the coun- ings to be re
moved from ty of Onondaga, and their successors in office for the time being, streets and
market lots. to remove or cause to be removed all private buildings of every marked description whatsoever now erected or hereafter to be erected off and from the streets and market lots in the village of Oswego in the said town, first giving to the occupier or possessor of such
obstructing the harbor
buildings severally six months notice of their intention to remove the same, in case the said buildings should not in the mean time be removed by such occupier or possessor, which said no. tice shall be in writing, and signed by the said commissioners, or
a majority of them. Penalty for II. And be it further enacted, That if any person shall put or aching place in any part of the Oswego harbor, in the said village of Os
wego, any stones, earth or ballast, or shall in any otherwise injure or obstruct the said harbor, such person so offending shall forfeit and pay for every offence a fine not exceeding twenty-five dolJars, to be recovered with costs of suit, before any justice of the peace of the county of Onondaga, by and in the name of the said commissioners, whose duty it shall be to sue for the same,
to and for the use of the poor of the said town of Hannibal. Compensa III. And be it further enacted, That the said commissioners tion of the commis'rs.
shall be entitled to receive for services rendered under and by virtue of this act, the like compensation as for other services performed in their office, to be allowed, raised and paid in the manner prescribed by law for compensating the said commission.
ers for other services. Acts of a ma. IV. And be it further enacted, That all acts to be done jority shall be valid.
under and by virtue of this act, by a majority of the said commis. sioners shall be as valid and effectual as if all the commissioners of the said town had joined in doing the same : And further, That if the said commissioners, or any of them, shall be sued for any thing done in pursuance of this act, he or they may plead the
general issue and give the special matter in evidence. Commission. V. And be it further enacted, That it shall be lawful for the ers of the commissioners of the land office to sell the land belonging to the may sell lands people of this state adjacent to the said village of Oswego, and not the village being within the plan of the said village, in such parcels as will
best accommodate the settlers or building lots in the said village,
pose. They'may al VII. And be it further enacted, That the commissioners of $? sell lots in the land-office shall have the same power and authority in relation East Oswego.
to the sale of lots in the village of East Oswego, in the town of Scriba, as they now have in relation to the sale of lots in the vil
lage of Oswego, in the town of Hannibal. Harbor how VIII. And be it further enacted, That the commissioners of be preserve highways of the town of Scriba, or a majority of them, shall have
the same powers for the preservation of the harbor in the village
of East Oswego as are herein granted to the commissioners of Proviso.
the town of Hannibal: Provided, That all suits by them to be commenced in the premises shall be commenced and prosecuted before some justice of the peace of the county of Oneida, and the recovery to be had shall be to and for the benefit of the poor of the said town of Scriba.
Where to be
county of Niagara.
Passed April 2, 1813. I. BE it enacted by the people of the state of New York, rep. resented in Senate and Assembly, That the freeholders and in- Village incorhabitants qualified to vote for members of assembly, resident por within the district of country known and distinguished on a map made by Joseph Ellicott, and on file in the clerk's office of the said county, as the village lots and outer lots of the village of New-Amsterdam, shall be a corporation by the name and style of “ The Trustees of the Village of Buffalo," and by that name style and they and their successors may have perpetual succession, shall power of the be known in law, shall be capable of suing and being sued, and of defending and being defended in all courts and places whatsoever, and in all manner of actions and causes, and that they and their successors may have a common seal and may alter the same at pleasure, and shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of the said corporation, and of erecting one or more fire-engine house or houses, and a market house, with power to restrain swine and cattle from running in the streets, to regulate the assize of bread, to remove and prevent encroachments on the highways, streets and commons, of raising money by tax for erecting such fire-engine house or houses and market house, and for the purchase of one or more fire-engine or engines, and all implements and tools appertaining thereunto, and for the keeping the same in repair, and for raising money by tax for defraying the incidental expenses of carrying the several by-laws and regulations into effect, which money so to be raised shall be assessed upon the freeholder's and inhabitants of said village in proportion to their property, real and personal, wiihin said village, by the trustees thereof, and collected by the collector of said village in the same manner as the taxes of the county of Niagara are collected, by virtue of a warrant to him directed, signed by a majority of the trustees of said village, and by him paid into the hands of the treasurer thereof : Provided, That no tax shall be proviso. levied or monies raised, assessed or collected for erecting public buildings, or for defraying any incidental expenses of said vil. lage, nor any sale or purchase of any real or personal estate be made, nor any fire-engine house or houses, or market house erected or disposed of without the consent of the freeholders and inhabitants of said village assembled, qualified to vote for members of assembly, or a majority of them, to be given at a public meeting duly notified as herein after mentioned : Provided, for her That such real estate which said corporation may lawfully hold, viso. over and above what may be necessary for streets, roads and public places, and for the accommodation and use of the public buildings, shall not at any time exceed the annual value or increase of fifteen hundred dollars. .
II. And be it further enacted, That on the first Monday of Election May in every year, the freeholders and inhabitants of said vil- when and
how to be lage who are qualified to vote as aforesaid, shall assemble in the made. said village, at such time of the day and at such public place