meetings Fines, &c. for the said trustees to declare generally, that the defendant is indebted to them by virtue of this act, to the amount of twenty-five dollars or under, and give any special matter in evidence under such declaration. XII. And be it further enacted, That it shall be the Notice of duty of the president of the board of trustees, to give to be given notice to the inhabitants of said village of all public meetings at least one week previous thereto, in such manner as a majority of the trustees may deem proper; and that it shall be lawful for the trustees, or a majority of them, to call a public meeting of the inhabitants of said village whenever they may think it expedient. XIII. And be it further enacted, That all fines, pento be paid alties or forfeitures, and all monies obtained in any to the trea manner whatever, by virtue of this act, shall be paid into the hands of the treasurer, for the public use of said village; and the treasurer shall, and he is hereby authorized, in case any person having so received any money by virtue of this act, to and for the proper us and benefit of said village, and shall refuse or negled pay the same to him, to prosecute every such offend er in the name of the trustees of said village, for monies had and received to and for the use of said village. XIV. And be it further enacted, That it shall be may be re- lawful for the legislature at any time to repeal or a surer. This act pealed or to amended. mend this act. CHAP. LVIII. An ACT to amend an act entitled "An act to vest certain powers in the Freeholders and Inhabitants of the Village of Herkimer. Passed March 12, 1813. Bort, presented in Senate and Assembly, Thai E it enacted by the people of the state of New the freeholders and inhabitants of said village, at their annual meetings, and at such other times in the year as the trustees mentioned in said act, or a majority of them, may think necessary, to advertise for the purpose at least one week before such meeting shall be, and hereby are authorized and empowered in addition to the powers to them granted by the act hereby a 3 76 mended, to make, ordain, constitute and establish such prudential rules, orders and regulations as a majority of such freeholders and inhabitants so assembled and having a right to vote, shall judge necessary and convenient, relative to the preventing and removing of nuisances in any and all parts of said village, to the prevention of fires, of the exploding of gun powder and the discharging of fire arms within the same (excepting by militia or regular troops when embodied or under the command of their proper officers) relative to the running of horses in the streets or public highways, and to the going or running at large of horses and cattle in said village, and to impose such penalties on the offenders against such rules, orders and regulations, or any or either of them, as the majority of such freeholders and inhabitants having a right to vote, so assembled shall from time to time deem proper, not exceeding five dollars for any one offence, to be sued for and recovered in the same manner as in and by the act hereby amended the penalties for of fences under the said act are to be sued for and recovered. II. And be it further enacted, That it shall and may be lawful for the trustees of said village to increase the number of firemen provided for by the act hereby amended, to any number not exceeding twenty in the - whole. CHAP. LIX. An ACT for the relief of the heirs of the late George WE Passed March 12, 1813. HEREAS George W. Clinton, Matthias B. Talmadge and Elizabeth his wife, Stephen D. Beekman and Maria his wife, and George Clinton Ge- Preamble. net, Henry James Genet, Maria Louisa Genet, Charles Alexander Genet, and Cornelia Tappen Genet, infants, by Edmund C. Genet their father and guardian, have by their petition represented, that the said George W. Clinton, Elizabeth Talmadge, Maria Beekman, George Clinton Genet, Henry James Genet, Maria Louisa, Charles Alexander and Cornélia Tappen Genet, are the heirs at law and next of kin of the late George Clinton, Esquire, who died intestate as far as the said petitioners have been able to discover, and possessed of a large estate, both real and personal: That the said George W. Clinton, Elizabeth Talmadge, Maria Beekman, George Clinton Genet, Henry James, Maria Louisa, Charles Alexander and Cornelia Tappen Genet, are the heirs at law and next of kin of the late George Clinton, Esquire, who died intes tate as far as the said petitioners have been able to discover, and seized and possessed of a large estate, both real and personal. That the said George Clinton was jointly with the late John McKesson, Esquire, in his life time, seized of several lots and parcels of land, situate in the patent of Kayaderosseras, and in the counties of Washington, Montgomery and Saratoga, in this state, in trust for themselves and for Peter Tappen and Christopher Tap pen, and that after the death of the said John the sad George was seized of the said lots and parcels of lan in trust for himself, the said Peter and Christopher, and for James McKesson, Alexander M'Kesson, William McKesson and Patrick Reid, as more fully appears by a deed poll declaratory of the said trusts, executed by the said George Clinton, and bearing date the nineteenth day of October, one thousand eight hundred and one; and that the said George Clinton and John McKesson in some instances, and the said George Clinton in other instances, for the benefit of all the in terested persons made divers conveyances or contracts for the sale of particular parts of the said lands, of which lands, at the time of the death of the said George Clinton, some were sold and paid for by the purchasers, but not conveyed to them, some were indeed sold and conveyed, and mortgages taken for part of the purchase money, but the deeds and conveyances are defective and useless, in as much as they do not properly describe and locate the premises intended to be conveyed, and on other lots which were duly sold, conveyed and mortgaged, the principal and interest due at the time of the death of the said George exceeded what the lands would now sell for, and no remedy can be had on the bonds in consequence of the removal or flight of the obligors, so that it is become necessary for the interest of the parties concerned, to foreclose and buy in the equity of redemption and resel the said lots for their benefit, more particularly as in some of those cases, the premises are now possessed by persons claiming to hold adversely, and not under any title from the said George Clinton or John M'Kesson; and in one case of property mortgaged for part of the purchase money, the said George Clinton sold the property so mortgaged, under a power contained in the said mortgage, and caused the premises to be bought in by Anthony Lamb, Esquire, for the benefit of himself and the other parties concerned in the said lots or parcels of lands, but died without executing a deed of the said premises to the said Anthony Lamb, who after the purchase made by him as aforesaid, contracted on behalf of the said George Clinton for the sale of the said premises, and received part of the consideration money, but is, on account of the matters herein before set forth, unable to execute a legal conveyance pursuant to the said contract. That others of the said lots were duly sold and conveyed, but the premises were mislocated by the surveyor of the grantors, who encroached in a line of several miles about twelve rods on a neighbouring range of farms, leaving out a like quantity on the opposite side. That the purchasers after an expensive controversy lost the twelve rods on one side without being able to recover to their proper bounds on the other side, the lands being held adversely for many years; and there are other difficulties arising and likely to arise from erroneous surveying; all of which will require to be adjusted with the respective purchasers: That controversies arose during the life time of the said George Clinton between him acting for himself and the other parties interested as herein before set forth on the one part, and the heirs of William Smith, late chief justice of Lower-Canada, of the other part, respecting several of the said lots, in which the heirs of the said William Smith claim an undivided moiety, some of which lots have been sold and conveyed by the said George Clinton, or by him and the said John M'Kesson, and the considerations paid or mortgages taken for them; that the said George Clinton and the heirs of William Smith agreed to refer the decision of the said claim to arbitrators, and that if the said claim was found to be valid, the remaining unsold lots should be sold, and the proceeds of the whole divided accordingly, the heirs of the said William Smith executing releases to quiet the possession of those holding under the said George Clinton, and he the said George joining with the heirs of the said William Smith in the conveyance of the remaining unsold lots; but that a decision on this claim was postponed until some title deeds could be brought from Quebec, and remain yet to be adjusted. That the said George Clinton had before his death entered into contracts and made agreements with dif ferent persons for the sale of real property of which he was seized in his own right, but had omitted or neglected to execute legal conveyances conformably to such contracts; and had also caused to be sold certain property mortgaged to him pursuant to a power contained in the mortgages of the said property, but had died without executing conveyances to the purchasers under such sale, and had also caused to be advertised for sale agreeably to similar powers other property mortgaged to him, but died before the time specified in the respective advertisements for such sales. That in consequence of the minority of some of the heirs of the said George Clinton, there is no person legally authorized to adjust the aforesaid just and equitable demands against them, or to execute conveyances conformably to the aforesaid contracts, or to complete the sales of the aforesaid property; and that altho' the purchasers under the said contracts and sales may probably be able to enforce the execution of the said conveyances, or any other of their just demands, thro' the court of chancery, or some of the other courts |
