CHAP. CLVI. An ACT to alter the Times of holding the Courts of Common Pleas and General Sessions of the Peace, in the counties of Delaware and Greene. Passed April 9, 1813. Times of courts in De I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That after the second Tues- holding day of June next, courts of common pleas and general sessions faware coun of the peace in the county of Delaware, shall be held at the court ty altered. house in said county, on the last Mondays in November and February, and a court of common pleas, on the last Mondays in May and August, in every year, instead of the times now appointed by law. Greene II. And be it further enacted, That the courts of general ses- Alfo in sions of the peace in and for the county of Greene, instead of be- county. ing held on the first Mondays in January and September, shall hereafter be held on the last Tuesday in May, and last Tuesday in January in every year; and that the courts of common pleas, instead of being held on the first Mondays in January and September, and last Monday in May, shall hereafter be held on the last Tuesdays in January and May and first Tuesday in September, in every year; and further, that the said courts shall continue open in each of said terms, from day to day, until and including Saturday, in the said terms respectively, if the business of the said courts, or either of them, require it. III. And be it further enacted, That all writs, process, notices and recognizances, made returnable at the respective terms of the said courts of common pleas, and general sessions of the peace, in and for the county of Greene so as heretofore held by law, shall be, and hereby are made returnable at the terms of the said courts respectively altered by this act, and that all adjournments, appearances, continuances, and notices of any proceed. ings in said courts respectively, shall be held and taken to be made to and at the said terms of the said courts respectively, so as aforesaid altered by this act. CHAP. CLVII. An ACT to incorporate the Great Island Turnpike Company. where to 1. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That Reuben Hopkins, Gideon Jennings, Daniel Millspaugh, Archibald Owen and Nathaniel Wheeler, and all such persons as shall associate for the purpose of making a good and sufficient turnpike road, to begin on the road leading from Goshen court house to Florida, at or near the place Turnpike where the south line of the Goshen town lots cross the same, commence. from thence across the little and great islands, and from thence to the line of the state of New-Jersey, to intersect the same between the thirty-four and thirty-eight mile stone, observing the most direct and eligible route that the nature of the ground will allow, shall be and they are hereby created a body corporate and politic, by the name of "The Great Island Turnpike Company," Style. W Stock. Toil. Commuta- Powers. and they are hereby constituted and declared a body politic, in fact and in name, and by that name they and their successors shall and may have perpetual succession, and are hereby declared capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever, and also may make and use a common seal, and may alter the same at pleasure, and also that they are hereby made capable in law of purchasing and conveying any estate, real or personal to the amount of ten thousand dollars. II. And be it further enacted, That the stock of the said company hereby incorporated, shall not consist of more than six hundred shares of twenty-five dollars each, and that Thomas Thorn, Gideon Jennings, Jesse Oldfield, Daniel Millspaugh, and James W. Carpenter are hereby appointed commissioners to receive subscriptions for the said stock, in the manner directed in and by the act entitled "an act relative to turnpike companies," passed the thirteenth day of March, one thousand eight hundred and seven. III. And be it further enacted, That the said company hereby incorporated, shall be entitled to exact and receive at each of the gates or turnpikes to be erected on the said road for any number of miles not less than ten in length of the said road, the following sums of money, and so in proportion for any greater or less distance, from all persons travelling or using the same, the following rates of toll, to wit: for every waggon drawn by two horses, mules or oxen, twelve and an half cents, and three cents for every additional horse, mule or ox; for every coach, coachee, phaeton or curricle, with two horses, twenty-five cents, and three cents for each additional horse; for every sulkey, chair, chaise, or other one horse pleasure carriage, twelve and an half cents; for every waggon drawn by one horse, eight cents; for every cart drawn by two oxen, twelve and an half cents, and for every additional ox or horse, three cents; for every cart drawn by one horse, six cents; for every horse and rider, or horse driven or led, four cents; for every sleigh or sled, drawn by two horses, mules or oxen, eight cents, and for every additional horse, mule or ox, three cents; for every sleigh or sled drawn by one horse or mule, six cents; for every score of horses, cattle or mules, twenty-five cents, and so in proportion for a greater or less number; for every score of sheep or hogs, eight cents, and so in proportion for any greater or less number. IV. And be it further enacted, That the directors of the said company, shall, on application being made to them, commute by the year with any person or persons who live within one mile of said road, for passing any of the gates to be erected on the same, or with any person who owns lands on the little or great islands aforesaid, or in the cedar swamp, who make the little island their landing, although they live more than one mile from the said turnpike road. V. And be it further enacted, That the said company hereby incorporated, shall have and enjoy all the rights and privileges, powers and immunities, which are given and granted in and by the aforesaid act entitled "an act relative to turnpike companies," and shall be subject to all the conditions, provisions, restric tions and regulations, contained in said act, that are not altered or changed in this act : Provided however, That the said company hereby incorporated shall be at liberty to make the chord of the arch of the said road not more than twenty-two, nor less than twenty feet. VI. And be it further enacted, That it shall be lawful for the stockholders of the said company, to elect seven directors, four of whom shall be a quorum to transact the business of the said company, any law to the contrary notwithstanding. CHAP. CLVIII. An ACT for the Relief of Matthias Huffman and others. Passed April 9, 1813. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the act for the relief of Matthias Huffman and others, passed June nineteenth, one thousand eight hundred and twelve, be and the same is hereby repealed; and that the treasurer, on the warrant of the comptroller, shall forthwith pay to the said Matthias Huffman, and his associates in the said act named, such sums of money as they have paid into the said treasury in pursuance of the said act. CHAP. CLIX. An ACT for the Relief of Frederick Brim. Passed April 9, 1813. WHEREAS Frederick Brim, of the town of Cazenovia, in the county of Madison, by his deed of warranty bearing date the seventh day of January, in the year of our Lord one thousand eight hundred and twelve, did release and convey unto Solomon Merrick and Joel Mann, of the place aforesaid, his farm, being part of lots number fifty-two and forty-nine, in the town of Cazenovia aforesaid, containing one hundred and forty-nine acres of land, for the sole consideration of the said Solomon Merrick and Joel Mann becoming indorsers of a promissory note made by the said Frederick Brim for the sum of two hundred and fifty dollars to the Manhattan company at Utica, for the benefit of the said Frederick Brim, for the sum of one hundred and fifty dollars only, and before the same became due, was paid and taken up by the said Frederick Brim: And whereas after the payment and discharge of the aforesaid promissory note, and before the said Frederick Brim could procure a conveyance of his said farm, the said Joel Mann sickened and died, leaving a widow and two infant children his heirs at law, in whom the fee simple of the aforesaid is: And whereas it is represented that the said Solomon Merrick and the widow of the said Joel Mann, are willing to reconvey the aforesaid premises to the said Frederick Brim: Now therefore, for the purpose of enabling the said Frederick to obtain title to the aforesaid farm of land without incurring the delay and expense of an application to the court of chancery under the existing laws, 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 Solomon Merrick and the widow of Joel Mann, late of Cazenovia, in the county of Madison, under the direction of the chanellor of this state, and upon such terms and conditions as he shalt adjudge equitable, to convey by a good and sufficient deed of conveyance, that certain farm or piece of land situate in Cazenovia aforesaid, being parts of lots number forty-nine and fifty-two, containing one hundred and forty-nine acres of land, which is particularly described on a certain deed of indenture bearing date the seventh day of January, in the year of our Lord one thousand eight hundred and twelve, executed by Frederick Brim to Joel Mann and Solomon Merrick, which said deed of conveyance, when executed as aforesaid, shall be valid in the law, and shall vest the title of the premises therein to be described in the said Frederick Brim. CHAP. CLX. An ACT for the Relief of Grace Stanley, and her Infant Children. Passed April 9, 1813. WHEREAS Grace Stanley, of the town of Franklin, in the county of Delaware, widow and relict of John Stanley, junior, deceased, hath represented to the legislature, that her late hus band died seised, as tenant in common with Solomon Willis, of one undivided half or moiety of a certain piece or lot of land situate, lying and being in the said town of Franklin, containing one hundred and thirty-three acres, his moiety thereof being of the value of six hundred and sixty-five dollars; that Sopronia and Maria Stanley are the infant children and heirs at law of the said John Stanley, junior, deceased; and that the said land is diminishing in value on account of its peculiar local situation : And whereas the said Grace Stanley, hath by her petition represented, that she is anxious to promote the interest of the infant heirs, which object can best be accomplished by a speedy sale of the said land: Therefore, I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That it shall and may be Jawful for Grace Stanley, of Franklin, in the county of Delaware, widow of John Stanley, junior, deceased, who is hereby appointed trustee for that purpose, to sell the real estate where of the said John Stanley, junior, died seised, consisting of one undivided half or moiety of a certain piece or lot of land in the town of Franklin in the connty of Delaware, containing one hundred and thirty-three acres, either at public or private sale, on the best terms she can, and to make and execute a good and sufficient deed of conveyance for the same to the purchaser or purchasers thereof, and to his, her or their heirs and assigns for ever, free from any claim of dower or other demand of the said Grace Stanley or her said infant children: Provided however, That before any conveyance shall be executed for the said land the said Grace Stanley shall give such security, as the chancellor of this state shall direct, for the faithful application and distribution of the proceeds, the evidence of which se curity when executed and acknowledged or proved before the said chancellor, or other person duly authorised to take the acknowledgment of deeds, shall be filed in the office of the judge of probates of this state as of record, and an office copy thereof shall be deemed legal evidence of its contents in all courts of justice within this state. II. And be it further enacted, That the said Grace Stanley shall be allowed to retain one equal third part of the interest or income arising or that may arise from the consideration money of such sale or sales for and during her natural life, in lieu of her dower; but the whole of the principal and the other two equal thirds of the interest shall be and remain the property of the said infant children of the said Grace Stanley; and the said Grace Stanley, as trustee for her said infant children, shall loan the consideration money aforesaid at lawful interest, on good and sufficient landed security, for the benefit of her said infant children to be divided equally between the said children when they shall both have arrived to lawful age. CHAP. CLXI. An ACT to divide the Town of Chautauque, in the county of Passed April 9, 1813. Portland I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That after the passing of Town of this act all that part of the town of Chautauque, beginning at erected. the northwest corner of township number three, in the fifteenth range of the land belonging to the Holland company, thence south on the line of the state of Pennsylvania to the southwest of township number three, in the fifteenth range aforesaid, thence east between the second and third tier of townships, eight miles and one quarter of a mile, to a post, thence north between lots number thirty-three, forty-one, thirty-four, fortytwo, thirty five and forty-three, to the place where the said line intersects the Chautauque creek, thence down the centre of said creek to a point, thence by a line to be drawn from said point to the southeast corner of township number five in the thirteenth range, crossing the bridge road at the five mile post in said road, thence north bounding on said township number five, in the thirteenth range, to the boundary line of this state, thence southwesterly along said boundary line till it comes to a place opposite the place of beginning, thence to the place of beginning, shall be and hereby is erected into a town by the name of Portland; and the first town meeting in said town of Portland shall be held at the house of Jonathan Cass; and that all the remaining part of the said town of Chautauque shall be and remain a separate town by the name of Chautauque, and at the first town meeting in the said town of Chautauque shall be held at the house where the courts are held in the village of Mayville. II. And be it further enacted, That as soon as may be after poor and pour the first town meeting held in the towns of Chautauque and money to be Portland, the supervisors and overseers of the poor of the said divided. |