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boats, arks and rafts, common in said river, at all times during the continuance of said dam: And provided further, That if the passage aforesaid shali at any time be obstructed, this act shall froin thenceforth be absolutely void ; And also, That such dam shall not affect the rights or property of any individual or individuals, without first obtaining the consent of such individual or individuals, any thing in this act to the contrary notwithstanding.
Settlers on the Cayuga Reservation, and for other purposes,”
Passed April 6, 1813. Persons enti. I. BE it enacted by the people of the state of New York, retled to the pre-emption
presented in Senate and Assembly, That no person shall be entitled to the pre-emption right to any of the lands mentioned in the act hereby amended, unless such person was on the fourteenth day of February, in the year one thousand eight hundred and twelve, an actual occupant of such land, or was on that day the landlord of the occupant of such land, by virtue of a contract before made between them, and the commissioners of the land, office may require such proof of the occupation of such land, and of the making of such contract, as they may deem necessa.
ry and proper. Patents may II. And be it further enacted, That in every case in which warte ochots. there shall be more than one occupant on any of the reverted
lots in the Cayuga reservation, which shall have been appraised pursuant to any law of the state granting rights of pre-emption to such lands, it shall be lawful for the commissioners of the land-office to grant to any of such occupants the part to which he shall appear to be entitled by any such law : Provided, That such occupant shall produce a map with proper descriptions of such lot, divided according to the claims of the several occupants, made by a competent surveyor, and rendered under oath, together with a certificate under oath, signed by at least two persons to be appointed by the judges of the court of common pleas, or any two of them, which certificate shall state the proportion of the appraised value of such lot which each of such occupants ought to pay, according to the comparitive
value of his part thereof. Proviso of an III. And be it further enacted, That the proviso in the act act of 18 to
entitled “ an act for the relief of the settiers on the two miles square reservation, on the east side of Cayuga lake," passed March the 30th, 1810, be, and the same is hereby extended to the first day of January next.
| CHAP. CXXXVII. · An ACT to increase the Powers of the Trustees of the village of Johnstown, and for other purposes.
- Passed April 6, 1813. I. BE it enacted by the people of the state of New York, represented in Senate and Assembly, That the trustees of the village of Johnstown shall at all times bereafter possess the same
powers in relation to the said village as are granted to the trustees of the village of Salem by the third section of the act entitled “ an act to vest certain powers in the freeholders and inhabitants of the village of Salem, in the county of Washington."
II. And be it further enacted, That in case any of the commissioners named in the act entitled “ an act for laying out and making a road in the county of Cattaraugus," shall die, re. sign or refuse to serve, then and in such case it shall and may be lawful for the person administering the government of this state, by appointment under his hand, to fill any vacancy or vacancies which may happen as aforesaid.
Passed April 6, 1813. BE it enacted by the people of the state of New York, represented in Senate and Assembly, That the time limited for completing the Utica turnpike road by the fourteenth section of the act entitled “ an act to incorporate the Utica and Rome turnpike road companies," passed April 10th, 1805, be and is hereby extended to the first day of October eighteen hundred and fifteen, any former act to the contrary notwithstanding.
- CHAP. CXXXIX. An ACT for the Relief of the Heirs of Thomas Snell, Isaac Huffmyer, and the Executors of Humphrey Shearman.
Passed April 6, 1813. WHEREAS by the petition of Elizabeth Snell, administra. trix of the goods, chattels, rights and credits, and guardian of the children of her late husband Thomas Snell, deceased, it is represented to the legislature that it would promote the interest of the heirs of the said Thomas Snell to sell part of the real estate of which he died seised : Therefore,
I. BE it enacted by the people of the state of New York, represented in Senate and Assembly, That Thomas R. Mercein Heirs of T. and Peter Stagg, of the city of New York, or either of them, in Spell reliev conjunction with the widow of said Thomas Snell, be and hereby are appointed trustees, with full power to grant, bargain and convey in fee the real estate at Mamaroneck, in the county of Westchester, of which the said Thomas Snell was seised at the time of his death, and to vest the money arising from such sale in any stock created by the United States or this state, or to put it at interest on good landed security, the interest of one third thereof the widow shall be entitled to receive annually during her natural life, and the remaining two thirds to be applied to the maintenance and education of the children of the said Thomas Snell, and to pay the surplus of the interest, with the principal respectively, as well as the said one third of the principal reserved for the use of the said widow after her death :
Provided, That the above named Thomas R. Mercein and Pe. ter Stagg, or either of them, in conjunction with the widow of the said Thomas Snell, shall, before they make such sale, give a bond to be approved of by the chancellor of this state, to the said children, in such sum as the chancellor shall direct, for the faithful execution of the trust, which bond shall be filed in the office of the register or assistant register of the said court.
And whereas it has been represented that Isaac Huffmyer lately died intestate, seised in fee of two acres and a quarter of an acre of land, with a small unfinished building thereon, situate in the town of Orange, and in the county of Rockland; that he has left Margaret Huffmyer, his widow, and William Huffmyer and Elizabeth Huffmyer, his children, infants; that his personal property does not exceed fifty dollars, and that it will not only be beneficial but necessary to sell the said real estate for the maintenance of the said widow and the education of his
children : Therefore, Helrs of J. II. Be it further enacted, That it shall be lawful to and for relieved.
Cornelius Sickles and Richard R. Blauvelt, the guardians of the said infant children, to sell in fee, for the best price that can be gotten for the same, the said real estate, and to put the money arising from such sale at interest on good landed security, to pay the interest of one third thereof annually to the said widow during her natural life, to apply the interest and so much of the remaining two thirds thereof to the maintenance and education of the said children, and to pay the surplus to them respectively, as well as the said one third of the principal reserved for the use of the said widow, after her death : Provided, That the said widow shall join in the conveyance to be executed by the said guardians, for the extinguishment of her dower : And provided further, That the said guardians shall before they make such sale, give a bond with two sureties, to be approved by the chancellor of this state, to the said widow and children, in such sum as the chancellor shall direct, for the faithful execution of the said trust, which bond shall be filed in the office of the register or assistant register of the said court.
And whereas Gideon Shearman and Stephen Shearman, executors, and Lemuel Shearman, Job Shearman, Alexander Shearman, Durfee Shearman, Samuel Shearman, Gideon Shearman, David Shearman and Jacob Shearman, heirs of Humphrey Shearman, late of the town of Palmyra, in the county of Ontario, deceased, by their petition set forth to the legislature, that in the life time of the said deceased he did on certain conditions, contract for the conveyance of a part of his real estate, and the said conditions have been complied with on the part of the purchaser, and the said deceased in his last will made no provision for the fulfilment thereof on his part, therefore the petitioners pray the legislature to appoint Gideon Shearman and Stephen Shearmrn, executors of the last will of the said Humphry Shearman, deceased, trustees to fulfil the contracts of the deceased : There
fore, Heirs of H.
III. Be it further enacted, That Gideon Shearman and Ste. Shearman re phen Shearman, executors of the said Humphrey Shearman,
be and they are hereby authorised and empowered to fulfil all the lawful contracts of the said deceased, by executing convey.
ances to the purchaser or purchasers for the fulfilment thereof. as he in his life time might or could have done, which convey. ances when given shall be valid in law and equity to all intents and purposes, as though he in his life time had actually done the same, any thing to the contrary notwithstanding : Provided, That the aforesaid executors shall submit evidence to the satis, faction of the chancellor of this state that such contract or contracts was made by Humphrey Shearman, and that the condi, tions of such contract or contracts was or were complied with by the purchaser or purchasers.
Seymour 2d, to build a Toll Bridge across the Tioghnioga
Passed April 6, 1813. I. BE it enacted by the people of the state of New York, re. T. Whitney presented in Senate and Assembly, That Thomas Whitney, Ira and others in
corporated, Seymour, and John Seymour, 2d, and their present and future associates, their assigns and successors, be, and they are hereby created a body corporate and politic, by the name of the “ Pres. Their Avle. ident, Directors and Company of the Lisle Bridge Company," &c. for the purpose of building a bridge across the Tioghnioga branch of the Chenango river, in the town of Lisle, in the county of Broome, at or dear the place where the bridge across said river was formerly erected, and near the mouth of the Otscelick river, so as to intersect the road leading westwardly on the west side of the Tioghnioga branch of the Chenango river, and they are hereby ordained, constituted and declared a body corporate and politic, in fact and in name, and by that name they and their successors shall and may have succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and be. ing defended, in all courts and places whatsoever, and they and their successors may have a common seal, and may change and alter the same at their pleasure, and also that they and their successors, by the same name and style, shall be in law capable of purchasing, holding and conveying, any estate, real or per.sonal, for the use of said corporation : Provided, That the real Proviso. estate so to be holden, shall be such only as shall be necessary . to promote or obtain the objects of this corporation.
II. And be it further enacted, That Thomas Whitney, Ira Subscriptions Seymour and John Seymour 2d, be, and they are hereby ap. how to be repointed commissioners, to do and perform the several duties hereinafter mentioned; they shall on or before the first day of May next, procure three books, and in each of them enter as follows : We whose names are hereunto subscribed, do for our, selves and for our legal representatives, promise to pay the presi, dent, directors and company of the Lisle bridge company, the sum of ten dollars for every share of stock in said company, set opposite our respective names, in such manner and proportion, and at such time and place, as shall be determined by the said presi. dent, directors and company-One of which books shall be left
with each of the commissioners aforesaid, at their respective places of abode, who shall keep the same open for receiving subscriptions, and every subscriber shall at the time of subscribing, pay unto either of the commissioners the sum of one dollar for each share so subscribed ; and the commissioners shall, as soon as sixty shares have been subscribed, cause an advertisement to be inserted in the newspaper called the American Farmer, printed in the village of Owego, and the Broome County Patriot, printed in the town of Chenango, and place advertisements in the most public places in the aforesaid town of Lisle, giving at least thirty days notice of the time and place the said subscri
bers shall meet for the purpose of choosing by ballot five direcDirectors how to be tors, who shall be stockholders, for the purpose of managing chosen, and their power. the concerns of the said company for one year, and until others
shall be chosen in their stead, and the day for choosing the said directors shall for ever thereafter be the anniversary day for choosing directors, and a majority of said directors shall be a quorum, and capable of transacting the business of the said corporation, and every act of a majority of said directors so met, shall be binding on the said corporation, and the said directors, elected by a plurality of votes of the stockholders present, shali within ten days thereafter proceed to the choice of one of their number for president, and the said president and directors may meet from time to time at such time and place as they may find expedient to direct, and shall have power to make such by-laws, rules, orders and regulations, not inconsistent with the constitution and laws of this state, or of the United States, as shall be necessary for the well ordering the affairs of the said corpora
tion. 300 shares to · III. And be it further enacted, That the said president and be subscribed. directors may continue to receive subscriptions to the stock of
the said corporation, until there shall be three hundred shares subscribed, and shall have power to appoint such agents, clerks, workmen and others, under them, as shall be necessary for ex
ecuting the business of said corporation. Stock.
IV. And be it further enacted, That the number of shares or subscriptions constituting the stock or fund of said corporation, shall not exceed three hundred shares, and the amount to be paid for each share or subscription shall be ten dollars, and that each stockholder shall be entitled to a number of votes proportioned to the number of shares which he or she may have or
hold in his or her name. Time for V. And be it further enacted, That in case the aforesaid
ing the bridge shall not be erected, built and completed, on or before the bridge,
first day of May, one thousand eight hundred and sixteen, then the corporation created by this act, shall be adjudged and consid.
ered to be dissolved. Toll how to VI. And be it further enacted, That the rates of toll which be regulated.
to said president, directors and company may demand and receive
of and from all and every person using said bridge, shall be ascertained, fixed and determined by the court of common pleas, in and for the county of Broome, and being once so determined, the said toll shall remain unalterable, and said president, directors and company, shall receive no other or greater toll than what shall be so determined by said court of common pleas.