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the said Mabel, the late widow of the said Stephen, and mother of Hiram Hall, Fidelia Hall, Mary Hall, and Stephen Hall, the infant heirs of the said Stephen, have presented their petition to the legislature praying to be enabled to sell the real estate whereof the said Stephen Hall died seised in this state : And whereas it appears from the facts set forth in said petition that the sale of the said real estate will be beneficial to those interested in the same : Therefore,
I. BE it enacted by the people of the state of New York, re. presented in Senate and Assembly, That Josiah Olcott, Chancey Jerome and Henry Seymour be and are hereby appointed trustees, with full power to them or any two of them to grant, bargain and sell all the real estate whereof the said Stephen Hall died seised in this state, either for cash or upon credit in part or the whole, and that they or any two of them may execute good and sufficient deeds and conveyances in the law for the same to the purchaser or purchasers thereof.
II. And be it further enacted, That the said trustees shall cause one third part of the proceeds of the said sales to be put out at interest on good and sufficient security, or vested in the stock of any of the banks incorporated in this state, and the said Mabel Olcott shall be entitled to receive the interest thereof during the term of her natural life, in lieu of all dower and right of dower in the said real estate, and upon her decease the principal shall be paid to Hiram Hall, Fidelia Hall, Mary Hall and Stephen Hall, the children and heirs at law of the said Stephen Hall, deceased, or to their legal representatives, in equal portions, share and share alike.
III. And be it further enacted, That the said trustees shall apply as much of the remaining two thirds of the said proceeds as shall be sufficient for that purpose, towards the discharge of the debts and contracts of the said Stephen Hall, and shall cause the residue thereof to be put out at interest upon good and sufficient security, or to be vested in the stock aforesaid, and shall apply the interest and income thereof towards the support and education of the said Hiram Hall, Fidelia Hall, Mary Hall and Stephen Hall, and when, and as the said Hiram, Fidelia, Mary and Stephen shall arrive at the age of twenty-one years respectively, the said trustees shall pay the said residue to the said Hiram, Fidelia, Mary and Stephen, in equal portions, share and share alike.
IV. And be it further enacted, That the said trustees, before they enter on the execution of said trust, shall execute a bond to the said widow and infant children, with two sufficient sure. ties to be approved by the chancellor of this state, in such sum as the chancellor shall direct, conditioned for the due and faithful execution of the said trust, which bond shall be filed in the office of the register or assistant register of the court of chancery for the use of the said Mabel and infant children.
V. And be it further enacted, That the said Mabel and Isai. ah Olcott, before she shall be entitled to receive any part of the said interest, shall execute to the purchaser or purchasers, their heirs and assigns, a release of her right of dower in and to the premises so sold, proved and acknowledged in the way and manner prescribed by law.
VI. And be it further enacted, That in case the said trus. tees, or any of them, shall die before the execution of the said trust shall be completed, it shall be lawful for the chancellor to appoint other trustees in their stead, who shall in all respects conform to the directions of this act.
CHAP. CLxxIII. An ACT relative to a Road in the Township of Sterling, and
Passed April 9, 1813. I. BE it enacted by the people of the state of New York, represented in Senate and Assembly, That Isaac Smith, of Aurelius, William Lyon, of Cato, and Augustus F. Ferris, of Cato, be and are hereby appointed commissioners for the purpose of opening and improving the road from lot number sixteen, in the township of Aurelius, to the Seneca river, and for building a bridge over said river to lot number thirty-seven, in the former township of Brutus, now Cato, and from the said bridge to open and improve the road through the line of Sterling to Wolcott, and also from said bridge to Fryzine's mills, on lot number four, in the township of Cato.
II. And be it further enacted, That the surveyor general be and he is hereby directed to sell and dispose of, in such manner as the commissioners of the land-office may direct, lots number, thirty-two and number sixty-two, now unappropriated, in the township of Sterling, and to pay such sum or sums of money as they shall produce, to the commissioners aforesaid for the purposes aforesaid : Provided however, That previous to paying said money said commissioners shall give to the comptroller of this state sufficient security that they will faithfully expend and account for said inoney, and the certificate of the comptroller shall be considered by the said surveyor-general as proof that the said commissioners have complied in giving the said security.
III. And be it further enacted, That each of the said commissioners appointed by this act shall be entitled to two dollars per day for each day they may be respectively employed in the discharge of the duties imposed on them by this act, to be paid out of the money hereby appropriated.
CHAP. CLxXIV, An ACT further to suspend the Collection of the Assessments
Passed April 9, 1813. WHEREAS the commissioners appointed by and in confor. mity to the act entitled "an act for the appointment of commissioners to ascertain the best method of conveying off the waters from the Collect and Lispenard's meadow, in the city of New-York,” passed June 19, 1812, have made a return and re. port to the legislature at the present session, of their determi
nation in the premises referred to them, according to the directions of the said act, thereby amongst other things recommending as the best method of conveying off the said waters, that Canal-street in the said act mentioned should be continued in its present direction, from the North or Hudson river to Broadway, and that a tunnel or covered sewer of the form and dinnensions specified in the said report should be laid along the center of the said street, but that the remaining part of the said street should be varied in the manner suggested by them the said commissioners in their said report : And whereas the mayor, aldermen and commonalty of the city of New York have presented their memorial to the legislature, objecting for the reasons by them there set forth to the plan proposed by the said commissioners, and soliciting the legislature not to sanction or approve the same: And whereas the consideration of the said plan has been postponed until the next session of the legislature: And whereas a petition has been presented to the legislature on behalf of the owners and occupants of houses and lots of ground included in an assessment made under and in conformity to an act entitled “an act respecting streets in the city of New-York,” passed March 24, 1809, of the expenses incurred in laying out and opening Canal-street aforesaid among the owners and occupants of houses, lots and lands intended to be benefited thereby, representing themselves as aggrieved by the said assessment, and praying that the collection thereof may be suspended, either until some more equal and correct rule can be adopted for raising the money required for the reimburse. ment of the said expenses, or at least until some plan for regulating the ground in question shall be adopted, or such other relief can be granted in the premises as to the legislature may seem proper: And whereas it appears reasonable to the legisJature that the collection of the said assessment should be suspended until the decision of the legislature can be had in the premises : Therefore,
BE it enacted by the people of the state of New York, represented in Senate and Assembly, That all further collections of the said assessments, or of any sum or sums of money assessed upon any houses, lots or land, or the owner or occupants of any houses, lots or lands deemed to be benefited by the said street for the expenses of laying out or opening the saine, except only such as may be assessed upon houses and lots fronting on the said street called Canal-street, shall be and hereby are suspended until the end of the next session of the legislature : Provided, That nothing in this act contained shall be construed to impeach or impair any cause of action or claim of the mayor, aldermen and commonalty of the city of New York, or any lien upon any grounds or premises for the payment of the said assessments and sums of money, with interest for the same, as allowed by the herein first above mentioned act, but only to suspend and postpone the collection, recovery or demand thereof, until the end of the next session of the legislature as aforesaid.
Passed April 9, 1813. BE it enacted by the people of the state of New-York, repre, sented in Senate and Assembly, That it shall be lawful for Al. exander Crofts, Christian Petrie, Isaac D. Fonda and Philip P. Feller, of the town of Livingston, in the county of Columbia, to clear a fishing ground on the east side of the channel in Hudson river, beginning at the south side of Roeliff Jansen's kill or creek where it empties into said river, extending thence southerly in and along said river to the fishing ground now occupied by John Nicholas Rouse and Jacob Sheffer, in Clermont, and extending into the channel of said river so far as shall be necessary for a fishing ground, and that they the said Alexander Crofts, Christian Petrie, Isaac D. Fonda and Philip P. Fel. ler, their respective heirs and assigns, shall have, hold and enjoy the exclusive right and privilege of fishing in the waters and upon the ground aforesaid within the limits aforesaid with seines and nets, for fifteen years from the passing of this act.
CHAP. CLXXVI. An ACT to vest certain Powers in the Freeholders and Inhabite ants of the town of Flushing, in the county of Queens.
Passed April 9, 1813. 1. BE it enacted by the people of the state of New York, re- Trustees how presented in Senate and Assembly, That the freeholders and in, to be chosen. habitants of the town of Flushing, who are qualified to vote at town meetings may, on the first Monday of May next, meet at some proper place in said town to be appointed by any justice of the peace in said county, and notified to the inhabitants at least eight days previous to such meeting in three of the most public places in said town, and then and there proceed to elect by ballot five discreet freeholders resident in said town, to be trustees thereof, who when chosen shall possess the several powers and rights hereafter specified ; and such justice shall preside at such meeting, and shall declare the several persons having the greatest number of votes as duly elected trustees; and on every first Monday of May in every year after the first election of the trustees, there shall in like manner be a new election of trustees for said town, and the trustees for the time being shall perform the several duties required by the said jus. tice of the peace in respect of notifying the meeting of the freeholders and inhabitants of the town, and of presiding at such election.
II. And be it further enacted, That all the freeholders and Inhabitants inhabitants of said town be and they are hereby ordained, con- incorporated. stituted and declared to be for ever hereafter one body, politic and corporate, in fact and in name, by the name of the “ Trustees of the Town of Flushing," and by that name they and their successors shall have perpetual succession, and be persons in law capable of suing and being sued, pleading and being im. pleaded, answering and being answered unto, defending and be
ing defended in all courts and places whatsoever, in all manner of actions, complaints and causes whatsoever ; and that they and their successors may have a common seal, and may change
and alter the same at pleasure. Duty of the III. And be it further enacted, That the trustees chosen by
virtue of this act shall liave charge of the public property belonging to said town, and shall manage and dispose of the same in the manner they may deem most conducive to the interest of the town, and shall have power from time to time to make and ordain all such by-laws and prudential rules and regulations as they may deem proper for and concerning the use and management and disposition of the said public property of said town, and the same to annul and again to renew or others makc, from time to time as occasion may require, and in all cases and on all questions touching the premises a majority of the said trustees shall be competent and sufficient, and the acts, by-laws and regulations receiving the assent of such majority shall be as valid and binding as if the said trustees had all agreed to the same : Provided, That such by-laws be not repugnant to the
laws of this state or of the United States. Relative to IV. And be it further enacted, Tliat it shall be lawful for the Whitestone, said trustees, or the major part of them, to take charge of the
ferry hitherto kept at Whitestone, on Long Island sound, or to establish one in any other place in said town, which may be deemed more advantageous, and may lease out such ferry for such terms of years as they shall judge will most promote the
public accommodation. Relative to V. And be it further enacted, That it shall be lawful for the
ge at said trustees chosen by virtue of this act to grant permission to crack. the president and directors of the Flushing and Newtown turn
pike bridge and road company to strengthen their bridge across the Flushing creek, by erecting stone piers, such as shall be necessary for the support thereof, provided such piers do not
interfere with or in any way injure the rights of individuals. Relative to VI. And be it further enacted, That the said trustees, or fines,
the major part of them, as often as they shall make, ordain, and publish any by-laws for the purposes aforesaid, may make, or. r dain, limit and provide such reasonable fines against the offend
ers of such laws as they may think proper, the sum not exceeding twenty-five dollars for any one offence, to be prosecuted and recovered before any justice of the peace or court having cognizance of the same, with costs of suit, by the trustees for the use of said corporation.
the ferry at
the bridge Flushing
Passed April 9, 1813. WHEREAS John Geywits, on the sixteenth day of June, in the year of our Lord one thousand eight hundred and six, did covenant to convey to Adam Shaver a certain farm, situate in the town of Minden, in the county of Montgomery : And where. as the greater part of the consideration money for the said farm has been paid by the said Adam Shaver to the said John Gey