This act not to affect the rights of the state,

and politic, or the un

divided lands of certain towns.

Act extended to

XI. And be it alfo enacted by the fame authority, That or of bodies corporate nothing in this act fhall be conftrued to defeat, prejudice, or deftroy the rights of the people of this ftate, or of any bodies corporate and politic, nor to extend or relate to New-Paltz, 14th feff. any of the common and undivided lands of any of the faid ch. 38. bodies corporate and politic, nor of any fuch common and undivided lands belonging to any township on Naffau ifland, or the township of Schenectady, in the county of Albany, or of Kingston, Hurley, Rochester, New-Paltz, and Marble-Town, in the county of Uliter, or the borough of Weftchefter, any thing herein to the contrary notwithítanding.

XII. And be it alfo enacted by the fame authority, That the out-lines of every patent fo to be divided, fhall be furveyed previous to the divifion, by the furveyor-general or his deputy, provided that he do attend and perform fuch fervice upon fix weeks notice of the time and place when and where the commiffioners are to meet for performing the furvey, being given to him in writing, under the hands of the commiffioners; for which fervice he fhall be allowed at the rate of twenty-eight fhillings per day, for coming to, attending on, and returning from fuch furvey; and fhall be provided with chain-bearers, in the fame manner, and to be paid at the faine rate as other furveyors, commi Tioners, and chain-bearers are by this act directed to be paid. But if the furveyor-general fhall neglect to attend by himelf or his deputy, in the manner aforefaid, then it fhall be lawful for the commiffioner acting as furveyor, to perform the whole furvey of the patent fo to be divided.

In cafe of doubts

commiffioners are to

proceed.

XIII. And whereas there may arife doubts on the furvey, arifing concerning the concerning the limits of the tract fo to be divided, as well limits of a patent, how on objections made by thofe holding under the patents, as by the furveyor-general or his deputy, on the part of the people; Be it therefore enacted by the fame authority, That the commiffioners may, in fuch cafe, run the limits in fuch manner as the aid furveyor-general, or his deputy, fhall direct, and alfo in the manner directed by the party or parties first fuing out a partition of the lands fo to be divided, and attending fuch furvey for the partition thereof; and fhall make a separate divifion of the lands fo in difpute, and fhall proceed to the complete partition of the fame, in the manner before directed, and the lines run for the limits of the bounds of the patent, fhall always be laid down on the map on which the divifion is made, and on thofe to be filed in the fecretary's office, and in the office of the clerk of the county.

XIV. Provided always, and be it further enacled by the authority aforefid, That no furvey of the out-lines of any patent fhall be made by virtue of this act, in any cafe where fuch furvey has already heretofore been made by virtue of any former law of the legislature of this ftate, while a colony, or at the inftance or request of the patentees or parties interefted in the faid lands, unless the faid commiffioners fhall conceive fuch former furvey of the outlines of any patent, is not fufficiently certain to proceed to a partition and divifion as aforefaid.

XV. And whereas many fmall eftates held in common, require a more eafy and less expenfive mode for the divifion thereof, than that which is herein before provided; Be it therefore ented by the authority aftre ind, That where any lands, tenements or hereditaments, fhall be held in common, it fhall and may be lawful for the court of common pleas in the county where fuch lands fhall be, upon the application of one or more of the owners or

proprietors of fuch lands, tenements and hereditaments, for partition thereof, it being proved to the fatisfaction of the court, that the value of the faid lands, tenements and hereditaments, do not exceed five thousand pounds, to appoint three reputable freeholders of the county, commiffioners for that purpofe, affidavit being firft made before the court by the person or perfons making fuch application, that the other owners or proprietors refiding within the ftate, or the guardians of fuch owners or proprietors as are minors, have had thirty days previous notice of his or their intention of making fuch application; and the commiflioners fo to be appointed, after they fhall have been duly fworn before one of the judges of the court of common pleas in fuch county, honeftly and impartially to execute the truft repofed in them respectively, as commiffioners for making partition of the lands, tenements and hereditaments, as directed by the court, fhall proceed to make partition of the faid lands, tenements and hereditaments, among the owners and proprietors thereof, according to their refpective rights therein; which partition being made by the faid commiffioners, or any two of them, and a return being made thereof in writing, under their hands and feals, to the court, particularly defcribing the lands allotted to each refpective owner or proprietor, and mentioning which of the owners or proprietors are minors, if any fuch there fhall be; which return, being acknowledged by the faid commiffioners, or any two of them, before one of the judges of fuch court, and accepted by the court, and entered of record in the clerk's office, fhall be a partition of fuch lands, tenements and hereditaments, as are therein mentioned. Provided always, That where any houfes and lots are fo circumftanced that a divifion thereof cannot be made without great prejudice to the owners or proprietors of the fame, and the commiffioners appointed to make partition of the fame fhall fo report to the court, if it fhall then appear to the court that fuch houfes and lots do not exceed in value the fum of three thousand pounds, the court fhall thereupon give orders to the faid commiffioners to fell fuch house and lot, or houfes and lots of land, at public vendue, and fnall make and execute good and fufficient conveyances to the purchafer or purchafers thereof, which fhall operate as an effectual bar, both in law and equity, againft fuch owners, proprietors, and all perfons claiming under them; and the monics arifing therefrom to pay to the owners or proprietors of fuch houfes and lots of land, their guardians or legal reprefentatives, as fall be directed in the faid order, retaining in their hands, for their fervices and expences, fuch fum as fhall be allowed by the court; and the faid commiffioners, on a divifion of lands, tenements and hereditaments, by order of the court as aforefaid, shall be allowed fuch fum as the court fhall award for their fervices and expences, to be paid by the owners or proprietors of the lands, tenements and hereditaments fo divided, in proportion to their refpcctive rights therein; and in cafe of the neglect or refufal of any of the owners or proprietors, to pay his, her, or their proportion of the fum fo awarded, the court fhall order fo much of the lands, tenements and hereditaments allotted to fuch owner or proprietors fo refufing or neglecting, to be fold at public vendue, as will be fufficient to pay his or her proportion of the fum awarded by the court, together with the cofts of fuch fale. And provided zo, That no divifion or fale fhall be made by order of the court as above directed, contrary to the intention of any teftator, as exprefled in his laft will and teflament.

XVI. And be it further enacted by the authority ajercfuid, That it fall and may be lawful for the inferior courts of common pleas in the feveral coun

ties, to allow of guardians who fhall be chofen by minors of the age of fourteen years, and to appoint guardians for fuch as fhall be within that age; and the court, on allowing or appointing any guardian as aforefaid, fhall take fufficient fecurity of all fuch guardians for the faithful discharge of their truft, and to render a juft and true account of fuch guardianfhip to the court, when thereunto required. And the guardians of all minors fo to be allowed or appointed as aforefaid, fhall be, and hereby are refpectively authorised and empowered, on behalf of the refpective minors whofe guardians they are, to do and perform any act, matter or thing, refpecting the divifion of any lands, tenements and hereditaments, as is directed in the above preceding claufe, which shall be binding on fuch minor, and be deemed as valid to every purpofe, as if the fame had been done by fuch minor after he should have arrived at full age.

CHA P. XLVI.

'An ACT eftablishing and regulating Ferries across the East River, between the Counties of Queen's and chefter.

Pafled 31ft March, 1785. E it enacted by the People of the ftate of New-York, reprefented in fenate. and affembly, and it is hereby enacted by the authority of the fame, That it fhall and may be lawful for Richard Sands, of Cow-Neck, in Queen's county, his heirs, executors and adminiftrators, to fet up, keep and maintain a ferry across the Eaft river, from fuch place on the lands of the faid Richard Sands, near Sands's-Point, at Cow-Neck aforefaid, as fhall be most convenient for the purpose, for and during the term of feven years from the time of the palling of this act.

II. And be it further enabled by the authority aforefaid, That it fhall and may be lawful for the juftice or juflices of the peace, refident in the feveral townships of Oyster-Bay, in Queen's county, and New-Rochelle, in Weftchefter county, and the overfeers of the poor of the faid refpective townships, or a majority of them, to leafe, for any term not less than four, nor exceeding feven years, the right and privilege of fetting up, keeping and maintaining a ferry from their refpective townships, across the Eaft river, to fuch landing places in the faid two counties as are herein after mentioned; that is to fay, That the ferry-boat from the township of Oyfter-Bay, fhall and may landat fuch dock or landing-place in the township of Rye, in Weftcheffer county, as the ferry in the faid township of Rye fall and may, by law, be kept; and that Places where the fer- the ferry-boat from the faid township of Rye, hall and may ry-boat fhall land. land at fuch dock or landing-place in the laid township of Oyfter-Bay, as the ferry in the faid township of Oyfter-Bay fhall, by virtue of this act, be kept; that the ferry-boat which fhall be kept by the beforementioned Richard Sands, his heirs, executors or adminiftrators, fhall and may land at fuch dock or landing-place in the township of New-Rochelle, as the ferry in the faid township of New-Rochelle fhall, by virtue of this act, be kept; and that the ferry-boat from the faid townfhip of New-Rochelle, fhall and may land at fuch dock or landing-place at Cow-Neck aforefaid, as the faidRichard Sands, his heirs, executors or adminiftrators, fhall erect and keep, as is herein after mentioned. And that it fall and may be lawful for the juftice or juftices of the peace, refident in the feveral townfhips of Oyfler-Bay and New-Rochelle, and the overfeers of the poor of the faid refpective townfhips, or a majority of them, to leafe for any term not less than four, nor ex

seeding feven years, to fuch perfon or perfons, and at fuch yearly rent as they fhall deem proper, the right and privilege of fetting up, keeping and maintaining a ferry across the Eaft river, to and from the refpective townfhips before mentioned; and the rent to be referved as aforefaid, fhall be applied towards the maintenance and fupport of the poor of the refpective townfhips aforefaid.

ât certain rates.

III. And be it further enacted by the authority oforefaid, That the faid Richard Sands, his heirs, executors and adminiftrators, fhall, if he or they fhall fet up a ferry by virtue of this act, erect a convenient dock or landingplace on fuch part of the lands of the faid Richard Sands, near Sands's-Point, at Cow-Neck aforefaid, as fhall be moft fuitable for the purpose; and fhall, by writing under hand and feal, covenant and agree with the overfeers of the poor of the townfhip of North-Hampflead, in Queen's county, for the time being, that he the faid Richard Sands, his heirs, executors and adminiftrators, shall, and will keep and maintain a good and fufficient ferry, and will not take or receive, nor fuffer to be taken or received, any greater price or rate of ferriage than are herein after allowed to be received or taken; and fhall alfo pay to the overfeers of the poor of the townfhip of North-Hampstead, for the time being, for the ufe of the poor of the faid township, fuch annual rents as fhall previously be agreed on, by and between the faid overfeers of the poor Juftices, in their for the time being, and the faid Richard Sands. And that leafer, to covenant the juftice or juftices of the peace, refident in the faid feveral with perfons keeping ferries, to maintain townfhips of Oyfter-bay and New-Rochelle, and the overfficient ferries, and feers of the poor of the faid refj ective townships for the time being, or a majority of them, in the leafes to be by them refpectively made, fhall covenant and agree with the perfon or perfons to whom they fhall refpectively leafe the right and privilege of fetting up and keeping a ferry as aforefaid, that fuch perfon or perfons fhall, during the term of his or their faid leafe, keep, fupport and maintain, a fufficient ferryboat, ready at all reafonable times and feafons, to carry and tranfport the perfons and articles following, and at the rates following; That is to fay, From the township of Oyfter-Bay to the townfhip of Rye, and from the township, of Rye to the township of Oyfter-Bay, for each man and horfe, fix fhillings; for a foot paflenger, if one only, three fillings; if more than one, then each two fhillings; for a horfe and chair, with travellers, eight fhillings; for every head of neat cattle, two fhillings; for every fheep, calf, or hog, fix-pence; for a fled and two horfes, with travellers, ten fillings; for a fled and one horfe, with travellers, eight frillings; and fo in propertion for other things: And from the ferry, to be kept by the faid Richard Sands, his heirs, executors or adminiftrators, to the townftip of New-Rochelle, and from the township of New-Rochelle to the place at which the ferry fhall be kept by the faid Richard Sands, his heirs, executors or adminiflrators, for the perfons and articles before enumerated, at and after the rate of one-third less than is before affixed as the rates or prices of ferriage for fuch articles and perfons.

for e riages are ta

IV. And be it further enafied by the authority aforefaid, That If any greater rates if the above-mentioned Richard Sands, his heirs, exccULOIS ken, the offender tofor- or adminiftrators, or any ferry-m.n, or perfon employed feit twenty fillings. by him or them, or any other perion or perfons what oever, to whom the right and privilege of fetting up and keeping a ferry fhall be granted in pursuance of this act, or the ferry-man, or perfon employed by them refpectively, fhall take, exact or receive, any greater or higher rates for tranfporting perfons, goods and chattels, or other things whatsoever, than

are herein before limited and established, he or they, or any of them, so offending, fhall forfeit and pay, for every fuch offence, the fum of twenty fhillings, to be recovered in any court within this ftate, having cognizance thereof, by any person who shall fue for the fame. Provided always, That No perfons to be nothing herein before contained, fhall be construed to exexcluded by this act, clude any perfon or perfons, living or inhabiting on the fron ferrying in their fhores of the faid Eaft river, within the counties of Queen's and Westchester, from the right of carrying and tranfporting themfelves and their goods and chattels refpectively, in their own boats, without paying any rate of ferriage.

own boats.

V. And be it further enacted by the authority aforefaid, That if any.perfon or perfons fhall fet up, keep or maintain a ferry, or fhall carry or tranfport any perfon, goods or chattels, for hire or pay, across the Eaft river, between the faid counties of Queen's and Westchester, other than fuch perfon or perfons as fhall be authorised to fet up and keep a ferry in pursuance of this act, and other than fuch perfon or perfons as fhall keep and maintain a ferry across the aforefaid river, by virtue of any patent or charter right heretofore granted for the purpofe, and not fince annulled or vacated; fuch perfon or perfons fhall, for every fuch offence, forfeit and pay the fum of two pounds, to be recovered in any court within this ftate having cognizance thereof, by any perfon who fhall fue for the fame.

VI. And be it further enacted by the authority aforefaid, That at the expiration of the term hereby granted to the faid Richard Sands, his heirs, executors and adminiftrators, for fetting up and keeping a ferry in the manner aforefaid, or if the faid Richard Sands, his heirs, executors or adminiftrators, fhall fooner decline, neglect or refufe to keep and maintain fuch ferry, it fhall then be lawful for the juftice or juftices of the peace, refident in the aforefaid township of North-Hampftead, and the overfeers of the poor of the faid townfhip, or a majority of them, to leafe the right and privilege of fetting up and keeping a ferry from the faid township of North-Hampstead to the township of New-Rochelle, in like manner, and under the fame rules and regulations as are herein before prefcribed for the townships of Oyfter-Bay and New*Certain ferries not Rochelle. Provided always, That nothing in this act conto be affected by this tained, fhall be deemed or conftrued to extend to, or affect any ferry or ferries now kept to the weftward of the townfhip of Flushing, in Queen's county, or to the weftward of Frog's-Neck, in Weftchefter county: any thing herein before contained notwithstanding.

act.

CHA P. XLIX.

#7 feff. ch. 64. An ACT to amend an A, entitled, An A for the fpeciy Sale of the confifcated and forfeited Effates within this Site, and for other Purpofes therein mentioned, puffed the 12th of May, 1784. Pafled 31 March, 1785. WE HEREAS by the feventh fection of the above-faid act, entitled, An act for the fpeedy fale of the confifcated and forfeited cflates within this ftate, and for other purposes therein mentioned, it is required, that whenever the commiflioners of forfeitures fhall make fale of any lands, tenements or hereditaments, by public vendue or private fale, the perfon or perfons to whom fuch fale be made, fall immediately pay unto the faid commiflioner or commiffioners, one third part of the purchate-money, and the remaining fun due on or before the firft day of June, in the year one thouland even hun