papers printed in the city of New-York, at least thirty days previous to every such election, of the day and place of such election, and the hours during which the same will be held; at which elections the said associates shall elect the said trustees by ballot, and that each associate may vote at such election in person or by proxy, and shall be entitled to one vote for each share he shall hold in the said company; and the trustees so elected shall enter upon their offices on the first Monday thereafter in each year, or as soon after as they can conveniently be sworn into office; and shall continue in office for one year from and after the time last mentioned, and until others shall be elected and sworn in their stead; and the persons above named, for the purpose of conducting the said first election, and the inspectors to be appointed as aforesaid for every subsequent election, shall respectively be the judges of such elections, and a decision of them or a majority of and duties. them respectively shall be conclusive as to the right of suffrage of any elector, who shall offer himself to vote in his own right or by proxy at such election; and the said inspectors or a majority of them respectively shall determine and certify the persons who by a plurality of votes shall be elected trustees as aforesaid, which certificate shall entitle every person so certified to be elected, to be qualified, and to act as a trustee for the succeeding year; and each inspector before he enters upon the execution of his duty as such, shall take an oath Oath of or affirmation, as the case may be, that he will inspectors, well and truly and according to the best of his knowledge execute the duty of an inspector of such election, which oath or affirmation the said inspectors are hereby authorized and em Their powers powered to administer to each other respec tively. 7. And be it enacted, That the trustees so to be elected, shall before they enter upon their respective offices severally take and subscribe an oath or affirmation, as the case may be, well and faithfully to execute the trusts reposed in them by this act according to the best of their skill and understanding, which oath or affirmation may be made before any judge of the supreme court, or of any inferior court, or before any justice of the peace within this state, who are hereby severally authorized and required to administer the same; and in case of the death, resignation or refusal to act of any person so elected, it shall be lawful for the remaining trustees, by a majority of votes, to appoint another in his stead. Oath of trustees, island. 8. And be it enacted, That the clerk of the Clerk of county of Bergen shall appoint a deputy, who Bergen shall be sworn as such, and reside and keep county to appoint a an office at some place within the district of deputy to country formerly distinguished by the name of reside and keep an of the Island of Horsimus, and which includes fice on Powles Hook, and which island is constituted Horsimus and surrounded by a certain creek called the creek of the woods or Horsimus creek, and shall keep a proper book or books for the recording of all deeds, mortgages and other writings, which may hereafter be made or executed, relating to any real estate situated within the said district or any part thereof, and mort. all deeds, mortgages, and other writings, re- gages, &c. lating to any such real estates, being proved or acknowledged, as the same are required to be proved or acknowledged by the laws of this state, for the purpose of recording or registering the same, and being recorded or register To record deeds, Shares trans ferred, ed in the said book or books, shall be as valid and effectual in the law as if the same were recorded or registered in the clerk's office of the said county of Bergen, and it shall be the duty of such deputy so to record or register the same; and the said clerk of the said county shall be responsible for the conduct of every such deputy to be appointed by him, and be entitled to the like fees as in other cases for the like services: Provided always, That no deed, mortgage, or other instrument in writing, respecting and containing land not situated within the district aforesaid shall be recorded in the office hereby established. 9. And be it enacted, That the said shares of the said associates in the said premises shall be how to be deemed and construed to be personal estate, and shall be transferable by them, their executors, administrators or assigns; and the said trustees may prescribe the mode in which such transfers shall be made, in a book or books to be provided for that purpose; and the said associates shall be liable to contribute in proportion to their respective shares to the fulfilment of all the contracts and to all the charges and expenses already made or incurred on account of the said premises, since the purchase of the same as aforesaid, from the said Cornelius Van Vorst, and upon every transfer of any share or bow to be shares hereafter to be made, the subsequent defrayed. holder of the same shall in like manner be liable to contribute for the same to all charges and expenses which shall accrue on account of the said premises, during the time he shall hold such share or shares only, and also to the payment of the said annuity during such time, and no longer; and such share or shares shall be liable for the payment of such contributions, and ex penses and on failure thereof for the space of six months after a demand made of such payment, shall be forfeited to the said company : Provided however, That the said trustees shall not make or incur any further expenditures on account of the said premises without the consent of a majority of the holders of the said shares in interest. be free 10. And be it enacted, That all sales at auc- Sales at tion to be made at Powles Hook and the said auction to Island of Horsimus shall be free from any duty from duto be imposed by this state for the period of ties. fourteen years from the passing of this act. AN ACT concerning contracts of real estate, made by testators and intestates in their life-time. Passed November 13, 1804. Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, That where any testator or intestate hath heretofore or hereafter may, in his or her life-time, have entered into a written contract, properly attested by two or more witnesses, for the sale or conveyance of any land lying and being within this state, it shall be lawful for the executors or administrators of every such testa- Applica tor or intestate, or for the purchaser or claimant filment of of such land as aforesaid, after advertising the any writintention of their application, at least two tract, to be months in five of the most public places in the made to county where the said lands shall lie, and at phans least in one of the public newspapers in circu- court, aflation in said county, to apply to the judges of ter adver the orphan's court holden for said county, pro- made. tion for ful ten con the or tisement ducing the said contract to the court, and it shall be the duty of the judges of said court to order proclamation to be made in open court, order pro- for two terms successively, of the purport of clamation the application so made, that if any person or Court to for two terms. fulfilment tract, persons can shew cause why the request of the applicant or applicants should not be granted, such person or persons may appear and support the same, at least within the third term after the application has been so made. 2. And be it enacted, That the said claimant or claimants, or their legal representatives or the legal representatives of the deceased, or Court may either of them, may appear before the said decree a court, who shall hear the allegations (or obof the con-jections, if any) of said parties, and if the court shall find no sufficient cause to the contrary, they shall decree the fulfilment of the contract, and give judgment accordingly; which decree and judgment, together with the contract shall be entered of record in the minutes of the court, and the contract shall be filed in the clerk's office of said court, and the court shall thereupon order the executors or administrators, the survivor or survivors of them, or the And order legal representatives of the deceased, (upon the a deed to purchase money being paid or secured to be for such paid, agreeably to the tenor of such contract) to make as good and sufficient a deed of conveyance to the claimant or claimants, as the testator or intestate, in his or her life-time, could have done, any act or usage to the contrary notwithstanding. be made lands. Fees of court. 3. And be it enacted, That the said court for every such procedure or adjudication, shall be entitled to receive the same fees as are allowed by law for directing the sale of lands by |