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towns, on notice being first given by the said supervisors for that purpose, shall meet together and divide the money and apportion the poor belonging to the town of Chautauque previous to the division thereof, agreeably to the last tax list, and that each of the said towns shall for ever thereafter respectively support their own poor.
Passed April 9, 1813. T. Wing and I.' BE it enacted by the people of the state of New York, reothers incor
hresented in Senate and Assembly, That Thurston Wing, Pelaporated.
tiah Ward, Elisha Hoag, Adam Crous, James Skidmore, Nicholas Baker and Samuel Slee, and all such other persons as shall associate with them for the purpose of making a good and sufficient turnpike road, to commence at the line dividing the states of Connecticut and New-York, at the termination of a turnpike in said state of Connecticut, near Bull's bridge, in the town of Kent, and running from thence to or near to the house of Brice Shove, in the town of Dover, thence to continue the nearest and best route to or near the house of Jackson Wing, in said Dover, thence the nearest and best route to or near the house of Caleb Simpson, in the town of Beekman, thence the nearest and best route to or near the house of Adam Crous, in said town of Beekman, thence the nearest and best route to or. as near the house of Thomas Potter, as the situation of the ground will admit, so as to promote the interest of the public
and the corporation, shall be, and hereby are created a body corTheir style, porate and politic, in fact and in name, by the name of the “ Pre
sident, Directors and Company of the Dutchess Union Turnpike," and by that name they shall be capable in law to purchase, have, hold, enjoy and retain to them and their succes
sors, lands, tenements, hereditaments, goods, chattels, and efProviso. fects, of every kind whatsoever : Provided, such estate, as well
real as personal, so to be purchased and held, shall be necessary to fulfil the end and intent of said incorporation, and for no other purpose whatsoever.
II. And be it further enacted, That the stock of the said company hereby incorporated, shall consist of one thousand shares of twenty dollars each, and that Samuel Slee, Benjamin Arnold, Nicholas Baker, Adam Crous, Elisha Hoag, Jonah Raymond, and Thurston Wing, shall be, and are hereby appointed commissioners to receive subscriptions for said stock, in the man. ner directed in and by the act entitled “ an act relative to turn
pike companies," passed the 13th day of March, 1807. Rates of toll. III. And be it further enacted, That the said company here.
by incorporated, shall be entitled to erect and keep up on said road, one turnpike gate, at which they shall be entitled to exact and receive, from all persons travelling and using said road, the following rates of toll : for every score of sheep or hogs, twelve and an half cents ; for every score of cattle, horses or mules, in droves, thirty cents; for every horse and rider, six cents; for every horse led or driven, three cents; for every
sulkey, chair or chaise, with one horse, nineteen cents; for every additional horse, six cents ; for every cart or waggon, drawn by one horse, ten cents; for every chariot, coach, coachee or phaeton, drawn by two horses, forty cents; for every additional horse, six cents ; for every stage, waggon, or other four wheeled carriage, drawn by two horses, mules or oxen, nineteen cents; and for every additional horse or ox, six cents ; for every cart, drawn by two oxen or horses, nineteen cents; and for every additional horse or ox, six cents ; for every sleigh or sled, drawn by two horses or oxen, ten cents, and for every additional horse or ox, five cents ; for every sleigh, drawn by one horse, six cents.
IV. And be it further enacted, That the said company here• Privileges. by incorporated, shall have and enjoy all the rights, privileges, powers and immunities, which are given and granted in and by The aforesaid act entitled “an act relative to turnpiko companies," and shall be subject to all the conditions, provisions, restrictions and regulations, contained in the said act : Provided nevertheless, That the wages or compensation of the commissioners for laying out said road, shall be two dollars per day, and no more, any thing in any former act to the contrary notwithstanding.
Passed April 9, 1813. WHEREAS Peter Du Bois, and Catharine his wife, by deed bearing date the twentieth day of December, in the year of our Lord one thousand seven hundred and seventy, did grant and convey unto Henry White, Jacob Walton, James Duane, and Samuel Ver Plank, and to the survivor of them, in trust for the payment of the debts of the said Peter Du Bois, a great portion. of his real estate, situate within this state: And whereas a part of the real estate so conveyed in trust, and also some not so conveyed, are still unsold, and considerable sums still remain due to the creditors of the said Peter Du Bois, and the said Samuel Ver Plank, the only surviving trustee, refuses to interfere with the estate in the sale or disposition thereof : And whereas John A. Schuyler, one of the creditors of the said Peter Du Bois, hath presented his petition to the legislature, praying that he may be authorised to sell the residue of the real estate of the said Peter Du Bois, at present remaining unsold, and that the proceeds be applied to the payment of the debts of the said Peter Du Bois: Therefore,
BE it enacted by the people of the state of New York, re. presented in Senate and Assembly, That it shall and may be lawful for John A. Schuyler to grant, bargain, sell and convey all the real estate of the said Peter Du Bois at present remaining unsold, and on such sale to make and execute to the purchaser or purchasers, good, ample and sufficient deeds or conveyances for granting, selling and conveying the same: Provided always, That before any such sale shall be made, the said John A.
Schuyler shall file a bond in the office of one of the registers in the court of chancery of this state, with one or more sureties to be approved by the chancellor of this state, conditioned that the said John A. Schuyler shall well and truly account for and pay into the said court of chancery all and every such sun or sums of money, as he shall receive on the sale of all or any part of the said estate, and shall also produce to the said chancellor a release executed by the said Samuel Ver Plank, of all his right as trustee as aforesaid, in and to the estate of the said Pe. ter Du Bois, or shall prove to the satisfaction of the said chancellor that the said Samuel Ver Plank has refused or shall re. fuse to interfere with, sell or convey such estate, and the said chancellor shall within one year after the receipt of such sum or sums of money, cause a distribution to be made thereof in such manner as he shall deem fit and proper : And provided further, That if there shall be any surplus money remaining over and above the payment of all the debts of the said Peter Du Bois, such surplus shall be paid by order of the said chancellor in the treasury of this state for the benefit of the state : Provided always, That nothing in this act shall be construed to authorise the said John A. Schuyler to interfere with or contest the rights of any persons whatsoeyer claiming lands under sales made by the original trustees, or a major part of them.
CHAP. CLXIV. An ACT to amend the act entitled "an act to incorporate the Mountain Turnpike Company."
Passed April 9, 1813. BE it enacted by the people of the state of New York, represented in Senate and Assembly, That the president and directors of the Mountain turnpike company, in the county of Schoharie, have liberty to erect their toll gate (which by the act hereby amended was to be placed on the bridge across the Schoharie creek) or near said bridge, any thing in the act to be hereby amended to the contrary notwithstanding.
CHAP. CLxv. An ACT for the Relief of the Heirs and Representatives of • John Osterman, deceased.
Passed April 9, 1813. WHEREAS the widow and heirs of John Osterman, deceas. ed, have presented their petition to the legislature, setting forth that the said John Osterman, deceased, died intestate, seised and in possession of certain land and real estate in the town of Flushing, in the county of Qucens, in this state, and praying that a law may be passed authorising and directing a sale of the said land and real estate, and the proceeds thereof to be disposed of, appropriated and paid unto and amongst the persons interested in the said lands and real estate, according to their respective estates and interest therein : And whereas it appears from the
facts set forth in the said petition that the sales of the said premises will be beneficial to those who are interested therein : Therefore,
I. BE it enacted by the people of the state of New York, ren. resented in Senate and Assembly, That Sarah Osterman, the widow, and David Osterman and Peter Osterman, sons of the said John Osterman, deceased, be and they are hereby appointed trustees, with full power to them or any two of them, to grant, bargain and sell the said land and real estate whereof the said John Osterman, deceased, died seised and in possession, and to execute to the purchaser or purchasers good and sufficient deeds and conveyances for the same.
II. And be it further enacted, That the said trustees shall cause one third part of the proceeds of the said sale, after de. ducting their reasonable costs and charges, to be put out at interest, on good and sufficient security, or vested and placed in and upon some good productive stock or funds of a permanent nature, and shall permit and suffer the said Sarah Osterman, the widow of the said John Osterman, deceased, to receive the interest and income thereof, and pay over such parts of the same as shall come to their hands to her during the time of her natural life, in lieu of her dower and right of dower of and in the said lands and real estate so to be sold as aforesaid, and upon her decease, the principal money to be divided and paid unto and among the heirs of the said John Osterman, deceased, or their respective guardians, executors, administrators or assigns, in such shares and portions as the said heirs are now entitled unto and interested in the said land and real estate so to be sold.
III. And be it further enacted, That the said trustees shall distribute, divide and pay the remaining two third parts of the money and proceeds to arise and be made by such sale, after deducting their reasonable costs and charges, unto and among the said heirs of the said John Osterman, deceased, or the respeciive guardians of such of them as may be in minority, according to their respective estates and interest in the said land and real estate so to be sold, the portions of the minors respectively, and the income thereof, or so much of the same, as well principal as interest, as may be necessary for that purpose, to be applied in or lowards the maintenance and education of such minor or minors respectively, during minority, and the same to be accounted for, and after allowance and deduction made of the sum or sums, if any, that may be expended and disbursed for the purposes aforesaid, paid over to such minor or minors respectively, at his or her respective age or ages of twenty-one years.
IV. And be it further enacted, That the said trustees, before they enter upon the execution of the said trúst, shall execute a bond to the people of this state, with such surety or sureties and in such sum as the chancellor of this state shall direct, conditioned for the due and faithful execution of the said trust, which bond shall be filed in the office of the register in chancery, in the city of New York, for the benefit and use of the said widow and heirs of the said John Osterman, deceased.
V. And be it further enacted, That the said widow of the said
John Osterman, deceased, before she shall be entitled to receive any part of the aforesaid interest made payable to her during 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.
VI. And be it further enacted, That in case the said trustees, or any or either of them, shall die before the execution of the said trust shall be completed, it shall be lawful for the chancellor aforesaid to appoint other trustee or trustees in his, her 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 virtue of this act shall be binding on the infant heirs of the said John Osterman unless the chancellor of this state shall certify on such conveyance that the same is beneficial to the said infant heirs.
Passed April 9, 1813. I. BE it enacted by the people of the state of New-York, refiresented in Senate and Assembly, That it shall be lawful for the commissioners of the land-office, and they are hereby required to treat with the heirs or representatives of Donald Fisher, deceased, touching any claim which the said heirs may have to a tract of land granted by the crown of Great Britain to Barnaby Byrne, situate in the town of Granville, in the county of Washington, and which has since been sold by the commissioners of forfeitures for the Eastern district, and is now in the occupation of Joshua Harnden and others; and the said commissioners of the land-office are hereby authorised and empowered in their discretion to quiet the said claim upon such terms and in such man. ner as to them may seem just and proper; and in case the said commissioners of the land-office shall not deem it expedient to quiet the claim of the heirs or representatives of the said Donald Fisher to the said tract of land, then it shall be lawful for the said commissioners, and they are hereby required to report to the legislature at their next session, the amount of money which in their opinion ought to be paid by the people of this state to the respective occupants of the said tract of land, in case the heirs or representatives of the said Donald Fisher have valid title to the same, and in the mean time to take such measures in relation to the further defence of the title and possession of the said occupants as they shall judge necessary and proper.
II. And be it further enacted, That the treasurer shall, on the warrant of the comptroller, pay all such sum or sums of money out of any monies in the treasury not otherwise appropriated as shall be certified and allowed by the said commissioners in pur. suance of this act.