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dower.

IV. And be it further enacted, That the said trustees before Trustees to

give a bond. they enter upon the execution of their said trusts, shall execute a bond to the people of this state, with such surety or sureties, and in such sums as the surrogate of the county of Columbia shall direct, conditioned for the due and faithful execution of the said trust, which bond shall be filed in the office of the said surrogate, for the benefit and use of the said widow and heirs of the said Abraham Van Vleck, deceased.

V. And be it further enacted, That the said widow of the said widow to Abraham Van Vleck, deceased, belore she shall be entitled to release her receive any part of the aforesaid interest, made payable to her during her life, as aforesaid, shall execute to the purchaser or purchasers, their heirs and assigns, a release of her dower and right of dower, in and to the premises so sold, as aforesaid.

VI. And be it further enacted, That in case the said trus- Vacancies tees, or any or either of them shall die before the execution of intrustees the said trust shall be completed, it shall be lawful for the surro. • gate, aforesaid, to appoint other trustee or trustees, in his or their place and stead, who shall in all respects conform to the directions of this act: Provided, That no conveyance to be made in me virtue of this act shall be binding on the infant heirs of the said “Abraham Van Vleck, deceased, unless the said surrogate shall certify on such conveyance, that the same is beneficial to the said beirs.

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An ACT relative to the Western Branch of the Schoharie

Turnpike Road.

Passed April 15, 1814. WAEREAS the president and directors of the western branch of the Schoharie turnpike road, have by their petition, represented to the legislature, that it is necessary, as well for the good of the public as for the interest of the company, to allow certain alterations to be made in the route of said road, in order to avoid some hills, and that it is also necessary to reduce others, so as to render them of more gradual and easy ascent, and that the company is in debt about five thousand dollars for making said road, and that a tax on the stock of said road is absolutely necessary to effect the alterations and discharging the debts, and also, praying the addition of a half toll gate: Therefore,

1. BE it enacted by the People of the state of New York, repre- Certain sented in Senate and Assembly, That it shall and may be lawful alterations

in the route for the president and directors of said road, to call on three of the authorised,

and how. judges of the court of common pleas of the county of Schoharie, and not interested therein, whose duty it shall be, to survey, lay out, and direct such alterations in the route of said road, and of the width of four rods, as they or a majority of them shall judge to be

for the good of the public and for the interest of the company Proviso. Provided, Said alterations, taken together, shall not exceed two

and an half miles in length, and that the said alterations shall in no place within two miles of the Schoharie creek exceed twenty

rods. Lands how . II. And be it further e acted, That when the said several altaken posterations are marked out and designated, it shall and may be lawsuch alteram ful for the president and directors aforesaid, to enter and take tions

possession of the same, after paying the owner or owners of the lands, such compensation as shall be agreed on between the parties, by exchange of those parts of the present route as shall be rendered useless to said company, or otherwise; and in case of disagreement, or if the owner or owners shall be feme covert under age, or out of the county, the damages, if any, shall be appraised by the judges, who are authorised to make the before mentioned

alterations. Niterations. III. And be it further enacted, That when the said president declared vested in

and directors shall have completed the said alterations in the corporation.

form and manper pointed out in their original act of incorporation, then the same is hereby declared to be vested in said company as

part of their turnpike road. Additional IV. And be it further enacted, That in order to enable the assessments

president and directors aforesaid, to accomplish the before menor calls on the stock tioned objects, that a sum not exceeding two dollars may be asauthorised.

sessed on each and every share of stock which may be holden by any stockholder of said company, payable at such times and places as the said president and directors shall appoint, by a notice to be inserted once in each week, for ten weeks successively, in a newspaper printed in the city of New York and Albany, and if any stockholders shall refuse or neglect to pay their said assessment, for six months after the time of payment, mentioned in the said notice, then and in that case, the said stock which

they may hold shall be forfeited for the use of the said company: Provision Provided always, That no such assessment shall be made without

the previous assent in writing, certified by a judge of any court of common pleas, or justice of the peace, of so many of the stock. holders of the said company, as hold together the major part of

the whole amount of the capital stock of the said company, New stock V. And be it further enacteil, That it shall be laiful for the said to be issued

president and directors of said company, after the aforesaid alterations shall be completed, and the aforesaid assessment made and collected, to call in the old stock of said company and issue new

in its stead. A gate, VI. And be it further enacted, That it shall and may be lawsol where to be crected.

for the said president and directors, to erect a gate on the westerly part of said road, and demand and receive half as much toll at said gate as they are entitled to take at any gate on said road.

[Mole.-The Schoharie Turnpike Road Company was incorporated April 5, 1802, vide W. v. 3. 137. W. v. 4. 269, 422.-It was afterwards, March 13, 1807, divided into two branches, vide W. v. 5.38; and also, sess. 36. ch. 197.)

CHAP. CCVII.

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An ACT to amend an act, entitled an act to vest certain powers in the freeholders and inhabitants of the village of Alhens."

Recital.

Passed April 15, 1814. WHEREAS by the petition of the trustees of the village of Athens, it is represented to the legislature, that the act, entitled " an act to vest certain powers in the freeholders and inhabitants of the village of Athens," passed April 2, 1805, is incompetent for all the purposes therein contained : Therefore,

I. Be it enacted by the people of the state of New York, represented in Senate and Assembly, That any justice of the peace of the

Justices in

Athens decounty of Greene, residing in the said village of Athens, any clared comfreeholder or inbabitant of said village, shall be and are hereby certain causa

petent to try declared competent respectively, to try, serve as jurors, or gives and the testimony in any cause, wherein the said trustees are parties, declared notwithstanding any remote interest they may have in the event commend of such suit, as members of the corporation of said village ; and witnesses: that in all cases where the trustees of said village of Athens shall prosecute by virtue of their act of incorporation hereby amended, or by this act, it shall be sufficient for them to declare generally, that the defendant is indebted to them, to the amount of twentyfive dollars, or under, and give any special matter in evidence under such declaration.

II. And be it further enacted, That the trustees of the said vil- Remulatione lage of Athens shall have power to regulate (from time to time, as to breas. as they may deem proper) the assize of all bread offered for sale in said village, and to enforce the same by suitable penalties, to be recovered as is directed in the act hereby amended, and by this act.

III. And be it further enacted, That the assessors of the said vil- fares lage of Athens, shall assess the taxes which shall hereafter be le- assessed. gally laid upon the inhabitants of said village, and upon the owners of real estate, lying within the same, both residents and non-resi. dents, according to the provisions of the act hereby amended, respect being had to the probable advantages which will result to the individuals respectively, from the improvements contemplated to be made by such tax. . IV. And be it further enacted, That the person in possession of ..

Occupants any real estate in the said villege, at the time apy tax is to be liable to the collected, shall be liable to pay the tax assessed thereon ; and in i

taxes, but

inay sue tho case such person is not bound by agreement, or otherwise, to pay owners, &c.

if liable to such tax, or any part or proportion thereof, he or she shall or may pay. recover the same amount from the owner of such real estate, or other person, whose duty it was to have paid the same, and all taxes upon any real estate in said village shall be a lien thereon.

V. And be it further enacted, That in case any tax assessed upon the owner of any real estate, lying in said villages cannot real estate be collected by distress of personal property, in possession of the how collectoccupant, or in case no person sball be in possession of such real estate, then, and in that case, it shall be lawful for the said (trus

Taxes on

ed.

tees of the village of Athens, and their successors, to cause so Lend mar be much of the real estate, so charged with such tax, to be sold at sold. public vendue, at the court-house in the county of Greene, for

the lowest term of time that any person or persons shali offer to

take the same, in consideration of advancing the sum assessed, Notice of sale and the expenses thereof, giving six months notice of such sale,

in one of the newspapers printed in the county of Greene, and in the newspaper printed by the prioter to this state; and to execute to the purchaser or purchasers, a sufficient conveyance for the same; and said purchaser or purchasers, his, her or their executors, administrators and assigns, shall, by virtue thereof, and of this act, lawfully hold and enjoy the same, for his, her or their own proper use, against the owner or owners thereof; and all persons claiming under him or them, until his, her or their term thereof shall be fully complete and ended, being at liberty to remove all the buildings and improvements which he, she or they, shall erect or place thereon.

VI. And be it further enacted, That the village of Athens, as Wulage de clared a road described in the act incorporating the same, he and the same is

hereby constituted a road distriet, and that the same be exempt from the superintendence of the commissioners of highways of

the town to which said village belongs, or may hereafter belongi Trustees to and the said trustees of the village of Athens shall have all the have the charge of powers over the said road district, and discharge all the duties and district.

which by law are given to, or enjoined upon the said commissioners of highways, and subject to the like restrictions and appeals : And further, The trustees of the said village of Athens, for the time being, shall have power, on application of the owner

or owners of lands adjoining any of the alleys, lanes or streets, to alter or laid out in said village, and not improved or used as such, to alter shut up streets, &c. or forever shut up the same, or any part or parts thereof, if the said

trustees, or a majority of them, shall deem such altering or shutting up conducive to the health of the inhabitants, or for the public good of said village; and such alteration or shutting up of any of such alleys, lanes or streets, or parts thereof, on the application as aforesaid, shall be entered of record by the said trustees, and shall be final and conclusive, and not subject to a reversal, without the consent of all the proprietors of the lands adjoining the said alleys, lanes or streets, so altered or shut up as aforesaid.

district.

(Note.-Athens was incorporated April 2, 1805, vide W. v. 4, 121.-This act provides for a difficulty in trying causes arising from a decision of our supreme court, and also extends the powers of the trustees.]

CHAP. CầVIII.
An ACT establishing and regulating a Ferry across Lake
Champlain, in the town of Crown-Point,

Passed April 15, 1814. 1. BE it enacted by the People of the State of New-York, represented authorised to in Senate and Assembly, That it shall and may be lawful for Sa

S. Remme

muel Renne, of the town of Crown-Point in the county of Essex, keep a ferry and his assigns, respectively, to set up, keep and maintain a ferry OVET LIKE across Lake Champlain, that is to say : From the landing of the said Samuel Renne, in the town of Crown-Point, to Bridport,

For 10 yeats in the state of Vermont, for and during the term of ten years, to from Sept. 1. be computed from the first day of September next.

1814. II. And be it further enacted, Tbat Samuel Renne and his His deci. assigus, shall, if they shall set up a lerry by virtue of this act, erect a convenient dock on the landing-place, if not already erected, on that part of the land of the said Samuel Renne, in the town of Crown-Point aforesaid, as shall be most suitable for the purpose ; and shall, during the term aforesaid, keep a good and sufficient ferry-boat, capable of carrying four horses, and ready, at all reasonable times and seasons, to transport and ferry across the said lake, persons, goods and chattels.

III. And be it further enacted, That the court of common pleas Power of of the county of Essex, in their sessions may and shall annually he common order, direct and determine, the several rates of the said ferry, Essex. and the several hours in each day, that the boats of the said ferry shall be kept in readiness.

IV. And be it further enacted, That if the above named Sa- Rates of fermuel Renne, or his assigos, or any ferryman or person, employed riage. by them, shall take, exact or receive, any greater or higher rates for transporting any person or persons, goods and chattels, or other things whatsoever, than shall be by the court of common pleas aforesaid, limited or established, he or they, so offending, shall forfeit and pay for every such offence, the sum of three dol- Penalty. lars, to be recovered in any court within this state, having cognizance thereof, by any person who shall sue for the same. V. And be it further enacted, That if any person or persons Penalty on

others for shall, after the first day of September next, set up, keep or of

ferrying, die. maintain a ferry, or shall carry or transport any person or persons, goods and chattels, for hire or pay, across the said lake, within one mile south of the creek in Crown-Point, commonly known by the name of Putnam's creek, across the waters of Lake Champlain, other than the said Samuel Renne, or his assigns, such persons shall, for every such offence, forfeit and pay the sum of five dollars, to be recovered in any court within this state, having cognizance thereof, by any person who shall sue for the same :Provided always, That notbing herein contained shall be constru- Protiso. ed to exclude any person or persons living or inhabiting on the bank of said lake, within the limits aforesaid, from the right of carrying themselves, their goods and chattels, respectively, in their own boats, without paying any rates of ferriage.

VI. And be it further enacted, That if it shall appear upon when this snfficient evidence to the court of common pleas of the said coun- act to cease

for miruser, ty of Essex, that the said Samuel Renne, or his assigns, shall nec. glect to comply with the directions of this act, in keeping the ferry aforesaid, it shall and may be lawful for the said court to adjudge, that all the privileges granted to him or his assigns under this act, who shall be so in default, shall cease and be of no effect.

[Note. See note to chapter 174.] LAWS-S. 37.

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