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tors to be appointed by virtue of this act, who shall bore the head of each barrel or calk, and pierce the same through with an instrument contrived for that purpose, and examine, try and determine whether the same flour is of due fineness, and whether it has not been injured by being ground too close, or by fome other means, so as to prevent its riting properly, and making light bread, and also whether it is honestly packed, and shall then plug up the hole: And if the said inspector shall judge the same flour to be merchantable, and of due fineness, and that the fame has not been injured in the manufacturing, or wet, or otherwise damaged, and that the same is honestly and well packed, in such casks, so made, marked and branded as aforesaid, then, and not otherwise, he shall brand every fuch calk of flour on the quarter, in a fair and distinguishable manner, with the initial letter of his christian name, and his fimame at full length, with the name of the county in which it is inspected; for which trouble the said inspector shall receive one penny half penny. per calk, and no more; the one half to be paid by the seller, and the other half by the purchaser. And the said inspectors are hereby strictly charged not to brand any calk of flour for exportation, although the flour should be of due fineness, unless it shall appear to thein that the same flour has not been injured in the manufacturing, and that it is merchantable, nor unless the fame be honestly and well packed in good strong calks, well made, and of faves well seasoned and hooped, and branded in the manner herein before directed, and the tare marked on each cask.

V. And be il further criadcd by the authority aforesaid, If any flour is found That if any flour, upon inspection, is judged by the officer Lxe bliretir to be inspecting the same, to be unfit for exportation, the owner paid by the owner

or poffeffor thereof shall pay the inspector one penny half penny per calk, for every cask fo rejected.

VI. dod be il further enated by the authority aforesaid, That no flour whatsoever, not branded as aforesaid, by one of the said inspectors, as and for good and merchantable flour, shall be shipped for exportation out of the fre, under the penalty of forfeiture and loss of the full value of all such flour folkipped; one half part thereof to be paid to the treasurer of this state, for the use of the people thereof, and the other half thereof to such person as fall inform and sue for the same, in any court of record in this state, by action of debt, or on the case.

VII. And be it further enabled by the authority aforesaid, Penalty for exporting That if any person Mall export out of this state, any flour four but inspected.

not inspected or branded by one of the faid inspectors, such Exporter, and the master of such vessel carrying such uninspected or unbranded four out of this state, shall, upon conviction of such offence, in any court of record in this state, severally forfeit the sum of forty Phillings for every such Calk fo exported or carried out of this state, to be recovered and applied in the manner directed in the preceding clause of this act.

VIII. And bc it further enaĉied by the authori!y aforesaid, fufpectors may enter That the said inspectors, and every of them, thall have full to search for Hour power and authority by virtue of this act, and without any the freed to be 10 further or other warrant, to eneron board any vessel whatAripped.

soever, in the harbours of the city of New-York, Albany, or in any of the counties within this Nate, to search for and make discovery of any flour shipped or shipping on board any such veslel for exportation iinmediately froin thence out of this state. And if the said inspectors, or either of them, shall, on such search, discover any cask or casks of four not branded as

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CH A P. XXXVIII. 7tlfell. ch. 52. An ACT to amend an Act, cntitled, An fur the bet. ter laying out, regulwing and keeping in Repair, all common and public Hghw..ys and rivale Roads, in the Cou nies of Cifter, Orange, Duchefs, Maxwingion, Icfcheiler, Albany and Montgomery, jafjed the 4th day of May, 1784; a.d to exiend the same to the County of Supo..

Palled 16th March, 1785. 1.

Bei crated by the people of the Rate of New-York, reprejenied in fenate That the thirty-third section of the act, entitled, An act for the better laying out, regulating and keeping in repair, all common and public highways and private roads, in the counties of Ulfler, Orange, Dutchess, Washington, Westchester, Albany and Montgomery, passed the 4th day of May, 1784, be, and the fame is hereby repealed. [The fecond section of this act is repealed, 12th teff. ch. 14. fec. 15. and the third section is

become oblolete.] IV. And whereas there has been an omisiion of recording in the county records, the laying out of many of the public highways in Dutchefs county, by reason whereof, several of the roads which have been used as public highways, have been stopped up, and it is expected that the same will be dore to others, to the great damage of the public : For preventing whereof, Bc il craded by the 'a: thority aforcfuid, That all public highways, which have been used as such for the space of twenty years last past, shall be taken, deemed and adjudged in the law, to be public highways, and be subject to Explained 13th feft. be altered and amended, in the fame manner as other public

highways, by the laws of this state, may be altered and

amended. V. And be it further enaid by the authority aforesaid, That wherever it can be proved by credible witnesies, that a public highway has been laid out within twenty years by the commissioners authorised by law to lay out pub lic highways, and that the same has been since used as a public highway, and that the cominiffioners who laid out such public highway are dead, the same Explained 13th fen. shall be taken, deemed and adjudged to be a public highway,

although it may not have been recorded in the county

records, VI. And be it further enai cd by the authority aforesaid, That the persons hereafter to be chosen commissioners to lay out and regulate highways and roads, before they execute any of the powers mentioned in the hereby amended act, shall, instead of the oath prescribed in the twenty-third section of the said act, respectively take the following oath; that is to say, See IIth feff. ch. 64.

do folemnly swear (or if of the people called

Quakers, affirm that I will, to the best of my knowledge, faithfully and impartially execute the powers to me given and granted by an act, entitled, An act for the better laying ont, regulating and ket ping in repair, all

common and public highways and private roads, in the counties of Uliter, Orange, Dutchess, Washington, Westchester, Albany and Montgomery. So lielp me God.

ch. 22.

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С НА Р. XXXIX.
An ACT for the Partition of Lands.

Palled 16th Marchi, 1785. THEREAS many tracts of land in this state are held by divers pertracts cannot by law be divided by reason of the absence, infancy or coverture of some of the proprietors, to the great detriment of the owners, and the prejudice of agriculture ;

I. Be it therefore enaflcd by the people of the state of New-York, represented in senate and assembly, and it is hereby called by the auhority of the game, Proprietors of nnti

. That any one or more of the proprietors of any tract or rided lands nay fub- tracts, parcel or parcels of land which now are, or hereafter fcribe and publish a

may be undivided, incline to have partition thereof, may

subscribe a writing, and publish the fame in any one or more of the public news-papers printed in the city of New-York, and one or more of the public news papers printed in the city of Albany, except the lands to be divided, lie in the southern great district, in which cafe fuch advertisements may be published only in one or more of the news-papers printed in the city of New-York, twelve weeks, directed in general to all persons interested in such tract or parcel of land, specifying the bounds thereof, and giving notice, that three commissioners, not interested in such tract or parcel of land, naming them and their places of abode, are appointed to make such partition, and that they will meet at a certain day and place, to be also therein mentioned, and to be within ten days after the said twelve weeks are expired, to proceed to the partition of the said lands, and requiring all perfons interested therein, to attend then and there for that purpose, either by themselves or their attornies ; and if no objection to any of the said commiñoners be offered in writing to any one of the judges of the supreme court, or of the inferior court of common pleas of the county in which the greatest part of the lands lie, and a notice of such objection in writing served upon the subscriber or subscribers to the notice so directed to be published, or any one of them, and within nine weeks after the first publication thereof, then the commissioners so to be named, shall perform the duties required of them by this act; but if such objection and notice be made and given, the judge to whom it was offered shall appoint the parties a day and place, within ten days after nine weeks from the first publication of the notice are expired, and then and there hear and determine such objections, and appoint other fit and uninterested persons in the room of those he may think proper to remove as untit; and such persons fo appointed shall thenceforth be the commillioners for executing the powers given to commillioners by virtue of this act, and hall, before they proceed to execute their offices, be severally sworn, or if of the people called Quakers, affirmed, before one of the judges of the faid fupreme court, or before any of the judges of any inferior court of common pleas, to perform the trust and services required of a commiilioner by this act, fairly and impartially, according to the direction thereof, and the best of his Ailand judgment; and a certificate of their being to sworn or atärmed from the perion adminiflring the oath, shall be filed with the rest of the proceedings, as hereafter directed.

II. And be il further called ly the authority afweficis gise puble notice of That the same commisioners so to be appointed, Mall alto mancarpets, and terwards publish a notice or adverticment in one or more 1.etting

of the public news-papers printed in the city of New York,

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and one or more of the public news papers printed in the city of Albany, except the lands to be divided lie in the southern great district, in which cale such advertisement may be published only in one or more of the news-papers printed in the city of New-York, signifying their faid appointment, and that at a certain day and place, to be mentioned, they will meet to proceed on the faid partition ; and that they desire all persons concerned to attend accordingly, which faid notice shall be fo published fix weeks before the day of meeting. And when the commiflioners have ascertained who, and how many the patentees of the lands to be divided were, they shall, as soon as conveniently may be, cause a survey to be made of the lands to be divided, in their presence, and having set apart such portion thereof as they conceive to be fulficient to defray the expence of the partition, the residue shall be divided into as many allotments as the commissioners shall judge best, according to the quantity, quality and situation of the land to be divided; after wlrich they shall cause every allotment to be divided into as many lots as there were patentees, as nearly equal as posible, having due regard in the partition to the situation, quantity and quality thereof, so that the patentees, and those holding their several rights, may have equal shares in value, as near as may be. Provided always, That in such case where the patentees of any ract of land have added to the number of original owners thereof, by conveying or disposing of fuch part or parts of their original undivided shares to any other person or perfons, whereby the said perfon or persons and the faid patestees became severally owners of equal undivided shares of such tract of land, then, and in such case, the number of lots shall be equal to the number of such patentees and other owners, lo vested with equal Mares with such paientet's as aforesaid. And in case the bounds or extent of any lands hereafter to be divided by virtue of this act, shall appear to be so much controverted that the true quantity of the whole land to be divided cannot be aícertaired clear of dispute, that then, and in such case, the faid commiflioners fhall cause the undisputed lands to be surveyed and run out distinctly and separately from fuch part as shall be in dispute, and shall make distinct and fe parate allotments and divisions of the said undisputed and disputed lands, in such manner as that a proportionate Niare of each, as nearly as may be, as well in quantity as in quality, may, upon the balloting hereafter mentioned, be drawn to the name of each patentee.

III. did be it further enacted by the authority aforelaid, Two stue fielbroks That of all surveys and allotments to be made by virtue of and max nt all fur

this act, two true field books and maps, specifying the bounds of

every allotment and lot, Mall be made, and the several allotments and lots laid down and numbered on the laid maps, and then ligned by the faid cominlioners ; one of which faid field books and maps shall be filed in the office of the clerk of the county where the greatest part of the lands lay, and Nie other in the lecretary's office of this state ; which when done, the faid committioners shall cause an advertisement to be published for at least fix weeks in one or more of the news-papers printed in the city of New York, and one or more of the public news papers prinied in the city of Albany, exrupa the lands to be divided lie in the southern great diftrdi, in which case lichacivertisement may be published only in onc or more of the news papers I bed in the city of New York, notifying the filing of the field books and 0 in the orice, and appointing a particular time and place, on a day wirin twenty days after the expiration of the laid fix weeks, and requiring tistinis interthed then and there to attend, to see he several lo: balod

Ters, to be inue.

ch. 7.

for; and that the same may be conducted in a just and impartial manner, one or more of the judges of the supreme court of this state, or of the interior court of common pleas of the county in which the greater part of the lands lie, not interelled in the division, upon the request of the said commilioners, in writing under their hands, ferved fix days before the time of meeting, shali. Amended 14da fett: be present to oversee the balloting fo to be made; ai which

day and place, the faid commiitioners having then made as many tickets as there are lots in each allotment, with one of the numbers of Each lot on every ticket, and as many tickets as there are patentees and proprietors, with the name of one of the patentees or proprietors on each ticket; ile tickets of names shall be put into a box, and the numbered tickets into another box, and such person or persons as the commissioners Mail then appoint, shall immediately proceed to draw a ticket of the names, and then a ticket of the numbers, and fo proceed until all the tickets are drawn. And after drawing for the lots in one of the allotments, they shall proceed in the fame manner to draw for the lots in the other alloument or allotments, if more than one, until the whole drawing is completed. And the lot in each allotment on the maps, bearing the number of the ticket drawn next afier drawing the ticket with the name of the patentee or proprietor, snall be the feparate and divided share of such patentee or proprietor, and of all persons Lolding under him or her: Of which balloting, and all the proceedings in such partition, the said commitioners frall make a full and fair entry and minute in a book, one copy whereof, certited under their hands, or the hands of a majority of them, and under the hand of the judge present, shall be filed in the said secretary's office, and another, certitied in like manner, in the clerk's office of that county where the greatest part of the lands lay; which fame books, or an exemplification under the great feal of this state, shall be good evidence of such partition; and which particion snall be valid and effectual in the law, to divide and separate the faid lands.

IV. And be it furiher ended ly tile authori'y afirefuid, Comunisioners to That the said commiljoners, or any two of them, ihall, to dati ay expences, within one year next afier drawing or balloting the lots funeo be valid. aforesaid, proceed to sell that part of the tract which was

fet apart to defray the expence of the partition, at public vendue, to the higheft bidder, whercoi lix weeks puvic notice Inall be previoully given in one of the faid news-papers ; and their vieed to the purchaser shall pass as good a title to fuch bidder, for the separate enjoyment of the fame, as if all the patentees or proprietors of the faid land had made and execuied the lame in due form of law. Always provided, That no commi:foner or commillioners, or any other perion in trusi for hiin or wiem, fhall become purchasers of the said land fo to be fold, or of any pari ihereof. Ard of the whole charge attending uch partition, the cominiioners fall keep and ftate a particular account, and lay the tame before one or more of me judges of the supreme court, or of the interior court of common plers of the county where the greatest part of the lands lie; who are hereby emPowered and required to appoint one proper periun or perfons to audit the fane, afier fourteen days notice given in writing by the said commisioners, to any three of the proprietors, of the time and place of auditing the faid accounts, that they may be heard in objecting to the fame; and out of the Lonies arising by such sale, the commi tioneio may retain so much as the said auditor or auditors, or the major part of them, shall certify to be due to thein for their services and disbursements in completing the faid partition ; and the

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