portions may

quit-rent.

Proviso.

Undivided by the comptroller, where in his opinion the same is expedient, for be sold for arrears of quit-rent, in his discretion to sell an undivided portion of the land on which the quit-rent is in arrear: Provided, always, That no costs shall be allowed to the purchaser or purchasers at such sale, in any suit for partition of said lands, which may be bought by him or them, nor to any person or persons holding under any such purchaser or purchasers, nor in any suit at law brought to recover possession of the same, unless the former owner of said land shall after such partition, refuse to deliver possession thereof without suit.

Particular

be redeemed.

II. And be it further enacted, That if any person owning any parcels may particular lot, piece or parcel of land, within the bounds of the land of which an undivided part shall be so as aforesaid sold, shall within the time limited by law for the redemption of land sold, redeem so much of the land so sold as shall amount to a just proportion for him to redeem, to discharge the lot, piece or parcel of land so owned by him, comparing the quantity owned by him with the whole quantity chargeable at the time of sale, the land of every such person shall be as effectually discharged from such sale, as if he bad paid the arrears on his particular lot, piece or parcel of land, before the sale.

1. S. stock

en in pay. ment.

III. And be it further enacted, That it shall be lawful for the may be tak comptroller to receive payment of arrears of quit-rent, in any stock created by authority of the United States, duly transferred to the people of this state, at the nominal amount of such stock: Provided, That the commutation for the future quit-rents be at the same time paid.

Notice to be

given before sion of the

The expira

time for redemption.

Purchasers

to give notice

possession of the lands.

IV. And be it further enacted, That the comptroller shall, at least six months before the expiration of the time limited for the redemption of any lands which may be sold at any sale for quitrents, cause an advertisement to be published at least once in each week, for six weeks successively, in at least four of the public newspapers, printed in each of the four great districts of this state, in such form as he shall deem well calculated for the purpose, giving notice of such sale, and that unless the lands sold should be redeemed by a certain day, they would be conveyed to the purchasers.

V. And be it further enacted, That after any purchaser or purchasers of lands to be sold so as aforesail, or other person or perto persons in sons holding under him or them, shall have procured partition, and the undivided right obtained by him or them by such purchase to be divided and set off, the said purchaser or purchasers, or those holding under them, shall, in case there shall be any tenant or tenants in the actual possession and occupation of his or their right so set off and divided, give a written notice to such tenant or tenants, of his or their right so as aforesaid acquired, stating particularly the amount of the consideration paid therefor to the state, and the interest, at the rate of seven per centum per annum on the said consideration, to the day on which the said notice shall be served; and stating also, that if the said tenant or tenants shall not within six months thereafter, pay to him or them, the amount of the said consideration and interest thereon, and also twenty-five per centum on the amount of the said consideration and interest, that then he or they, the said purchaser or purchasers, or persons holding un

der him or them, will become completely vested with the title to the lands so purchased, and they the said tenant or tenants and all others be deprived thereof; and if such tenant or tenants shall neglect or refuse to pay the said consideration and interest, with twenty-five per centum on the amount thereof, the title of the said purchaser or purchasers, and of those holding under them, as far forth as regards such tenant, shall be absolute, after the expiration of said six months.

persons

shall be sold

ers.

VI. And be it further enacted, That the tenant or tenants in Remedy of possession as aforesaid, who shall make payment according to the whose lands provisos of the last preceeding section, shall, if their said land was for quit-rents sold for quit-rents due on other lands, as well as on their said land, due from oth be entitled to recover from the owners of the other lands, such part of the said sum so as aforesaid paid by them, as shall be proportionate to the quit-rents which were due on such other lands at the time of the sale by the comptroller, together with legal interest. III. And be it further enacted, That the comptroller shall cancel qut-rents on and discharge on the books in his office, the quit-rents charged on all patents to churches.

church pa tents to be

cancelled.

CHAP. CCLVII.

An ACT supplementury to an act, entitled "An act for opening and making a Road between the city of Albany and the river St. Lawrence," passed 19th June, 1812.

Passed April 18, 1815.

WHEREAS the appropriations already made for completing the Preamble great objects contemplated by said act, are inadequate, inasmuch as about seventy miles only are opened out of eighty-five miles of the road through the wilderness of the counties of Montgomery and St. Lawrence, and the sums already expended will be entirely lost unless sufficient additional means are granted to open the remaining part of said road; and whereas it is very important to have the road continued and opened from the St. Lawrence turnpike road to the foot of sloop navigation, on the river St. Lawrence, and which will pass through lands belonging to individuals; and whereas the proprietors are generally willing and desirous to have their lands taxed for the purpose of opening and making said road : Therefore,

ers directed

out the route.

1. Be it enacted by the people of the state of New-York, re- Commission. presented in Senate and Assembly, That the commissioners ap- to explore pointed under the act to which this is supplementary, are hereby and mark authorised and directed to explore and mark out a route for a road from where the said Albany and St. Lawrence road already laid out, intersects the St. Lawrence turnpike road, to or near the foot And to assess of sloop navigation, on the river St. Lawrence, the most direct the nature of the country will admit of, and they shall think most advisable for the public good, and that they have power and authority to enter and take possession of as much of the unimproved lands as may be necessary to open and make the said road, not exceeding

certain lands.

To compro

owners.

six rods wide; and they are also authorised and directed to assess all lands through which said road shall pass, lying within one mile of the same, a sum not exceeding fifteen cents per acre, nor less than five cents, and on each acre of land lying within two miles of said road and more than one mile, a sum not exceeding six cents, nor less than two cents, the assessment to be apportioned to the value of the lands, and assessed and collected in the same time and manner the former tax was directed to be done by the third section of the aforesaid act, passed June 19th, 1812, for opening the aforesaid road.

I. And be it further enacted, That the said commissioners are mie with the hereby authorised to compromise with the several owners of land subject to taxation by this act, in such manner, that if any owner shall make a road through his land, on the route which the said commissioners shall mark out, and which in their opinion shall be equally good with the other parts of the said road, that then no fax shall be collected from such owner.

3000 dollars

them.

III. And be it further enacted, That the treasurer, on the warto be paid to rant of the comptroller, shall pay over to the aforesaid commissioners appointed under the said act, entitled "An act for opening and making a road between the city of Albany and the river St. Lawrence," the sum of three thousand dollars, to be expended by them in opening and making that part of said road, in the north part of Totten and Crossfield, so called, and on and near the lands Lelonging to the people of the state of New-York.

Company in

CHAP. CCLVIII.

An ACT to incorporate the Cazenovia and Truxton Turnpike
Company.

Passed April 18, 1815.

1. Be it enacted by the people of the state of New-York, recorporated. presented in Senate and Assembly, That John Stockham, Schuyley Van Rensselaer, Daniel Benson, Perry G. Childs, and all such other persons as shall associate with them, to make a good and sufficient turnpike road, to begin at or near the house of Reuben Risley, in the town of Truxton, in the county of Cortland; thence running the most eligible route to or near the house of Job Gordon; thence to or near the house of Peter Allen; thence to or near the house of Thaddeus Beach; thence to or near the house and store of Schuyler Van Rensselaer, in the town of Pompey; thence to or near the house of Joseph Wadsworth, and from thence the most eligible route to the village of Cazenovia, in the county of Madison, there to intersect the third great western turnpike road, shall be, and are hereby created a body politic and corporate, in fact and in name, by the name and style of "The president, directors and company of the Cazenovia and Truxton turnpike road," and by that name and style, they and their successors shall have continual succession, and shall be persons in law capable of suing and being sued, pleading and Ieing impleaded, answering and being answered

Style.

Proviso

unto, defending and being defended in all courts and places whatsoever, and in all manner of suits, actions, complaints, causes and matters whatsoever, and by the same name and style shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of the corporation: Provided, That such estate, so to be purchased and held, shall be necessary to fulfil the objects of the said corporation, and no other purpose whatsoever. II. And be it further enacted, That the stock of said company Stock. shall consist of sixteen hundred shares, of twenty-five dollars each, and that John Stockham, Schuyler Van Rensselaer and Perry G. Childs be, and they are hereby appointed commissioners to receive subscriptions for said stock, in the manner directed in and by the act, entitled "An act relative to turnpike companies," passed 13th day of March, 1807.

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 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, for every waggon or cart drawn by two horses, mules or oxen, twelve and an half cents, and three cents for every additional horse, mule or ox attached to such waggon or cart; for every cart or other carriage drawn by one horse, mule or ox, six cents, and for every additional horse, mule or ox attached to such cart or carriage, three cents; for every horse and rider, six cents; for every horse led or driven, three cents; for every stage waggon, chariot, coach or coachee, phaton, curricle or other pleasure carriage drawn by two horses, twenty-five cents, and for every additional horse attached to such carriage, six cents; for every chaise, chair, sulkey or other pleasure carriage drawn by one horse, twelve and an half cents, and in like proportion for every additional horse; for every sled or sleigh drawn by two horses, oxen or mules, six cents, and for every additional horse, ox or mule, three cents; for every sleigh or sled drawn by one horse, ox or mule, four cents; for every score of cattle, horses or mules, twenty cents, and for every score of hogs or sheep, eight cents; and so in proportion for a greater or less number.

Rates of toll.

IV. And be it further enacted, That the said company hereby incorporated shall have all the rights and privileges, pow- Privileges. ers 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, restrictions and regulations contained in said act.

CHAP. CCLIX.

An ACT for the sale of lands to Samuel Reynolds and Isaac

Reynolds.

Passed April 18, 1815.

WHEREAS it appears from a report of the surveyor-general, Preamble. that there is a piece of three hundred and seventy-seven acres of

Proviso.

Affairs to be

7 trustees.

on the manufacturing operations above mentioned: Provided, That the whole amount of such estate, including the capital stock of the said company herein after mentioned, shall not exceed the sum of two hundred thousand dollars: And provided also, That no part of the capital stock of said company shall be employed in any banking transactions, or in the purchase of any stock of this state or of the United States.

II. And be it further enacted, That the stock, property and managed by concerns of the said company shall be managed and conducted by seven trustees; and that the said Robert Gill, Elihu White and Thaddeus B. Wakeman, John P. Foote, John F. Gould, Nathaniel Sykes and George F. Hopkins, shall be the trustees of the said company until the first day of May in the year one thousand eight hundred and sixteen; and that at or previous to that time, and annually thereafter, there shall be elected the same number of trustees, to serve for one year, at such time and place as shall be directed by the by-laws of the said company; and public notice shall be given of the time and place of holding every such election, not less than ten days previous thereto, in one or more of the newspapers printed nearest the place where such election shall be held; and the election shall be made by such of the stockholders as shall attend for that purpose, either in person or by proxy; and all elections shall be by ballot, and each stockholder shall be entitled to as many votes as he holds shares of the stock of said company; and the persons having the greatest number of votes (being stockholders) shall be the trustees, and a majority of such trustees shall in all cases be empowered to act; and whenever any vacancy shall happen among the trustees by death or resignation, or removal out of this state, such vacancy shall be filled for the remainder of the year in such manner as shall be provided for by the by-laws of said company.

Election may

any day.

III. And be it further enacted, That in case it shall at any time be made on happen that an election of trustees be not made on the day when by the by-laws of said company it ought to have been done, the said company shall not for that cause be dissolved, but it shall and may be lawful on any other day to hold an election for trustees in such manner as shall be directed by the by-laws of said company.

Stock.

By-laws.

IV. And be it further enacted, That the capital stock of said company shall not exceed two hundred thousand dollars, and shall be divided into shares of one hundred dollars each; and it shall be lawful for the trustees to call and demand from the stockholders respectively all such sums of money by them subscribed, at such time and in such proportions as they shall deem proper, under pain of forfeiting the shares of the said stockholders, and all previous payments made thereon, if such payments shall not be made within sixty days after a notice requiring such payment shall have been published for that time, in one or more of the public newspapers in the city or county where such payment is required to be made ; and if no newspaper be published in such county, then in the newspaper published nearest the place where such payment is required to be made.

V. nd be it further enacted, That the trustees of the said company for the time being shall have power to make and ordain