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Per fons lots on

14th fell.ch. 7.

furplus, if any there is, shall be divided into equal parts, according to the number of patentees or proprietors as aforesaid, and be paid to them, or thole holding under them; and the receipt of the said patentees or proprietors as aforesaid, or of any person holding under a patentee, shall be a futficient difcharge to the said commillioners for the share of such patentees or proprietors.

V. And whereas joint-tenants, tenants in common, and coparceners of particular lots or parcels of lands so divided, or of other lands held in jointtenancy, coparcenary, or in common, may be inclined to have partition

Particular lots to be thereof; Be il therefore enacted by the authority afurejad, divided as order lands. That partition may be made thereof, and be as valid, and the expence of the fame defrayed in the fame manner as the partition of other lands are before directed; the proprietors in such further or other partition, being considered as the patentees are in the partition above prescribed.

VI. Ind be it enacted by the authorily aforesaid, That in drawing cafe on the partition of any patents or tracts of land, on proreinentsuave been which improvements have heretofore been made by any made, to pay for licha owner or proprietor, or by any person or persons, by con

Extended to in: sent of any owner or owners, proprietor or proprietors of ter paling this act, any fuch patents or tracts of land, the person or persons to

whose thares such parcels of improved lands shall fall upon a partition of such patents or tracts of land, Ihall, before he or they be permitted to the pofleflion of the same, pay the respective poffeffor or possettors thereof, the value of the improvements made thereon : And in order to settle and ascertain the value of such improvements, the said commissioners are hereby fully authorised, empowered and directed, at the request of the party or parties to whom such parcel or parcels of improved lands, shall, upon such partition as aforesaid, appertain, issue their precept to the sheriff of the county in which the lands lie, commanding him to summon twelve freeholders, having the proper and legal qualifications of jurors, to attend the faid commissioners on the premises, at a day to be appointed in the said precept, not exceeding thirty days after the date thereof, to allefs the value of such improvements ; at which day and place the said commillioners shall swear the faid freeholders, well and truly to inquire into and aliess the value of the said improvements, and then shall proceed, with their allistance, in a fummary manner, to inquire into, and alleis the fame, and make duplicates of such their inquisitions and aftefiments, under their hands and seals, and the hands and seals of the said freeholders; one of which said duplicates Mall be delivered to each of the parties. And in case the poffeffor or poffeflors of such improved lands, shall not, within thirty days next after a tender to him or them made of the assessed value, by the person or persons to whom the said improved lands shall, upon such partition as aforefaid, belong, peaceably and quietly deliver up to him or them, the possession of the fame, the said commillioners, or any or either of them, mall, upon proof of such tender made before him or them, or any or either of them, by the oath of one or more credible witness, issue a precept in writing, under the hands and seals of thein the said commissioners, or the hands and feals, or hand and seal of any or either of them, to the sheriff of the county in which such improved lands respectively lie, commanding him to put the person or persons to whom such improved lands shall, upon such partition, belong, into full and peaceable poilellion of the same. Provided always, That the coils, charges and expences attending, as well on such afleflinent, as aforefaid, as on the putting of the party or parties into the polleslion of such improved lands, flaill be efti

mated according to the regulations herein after prescribed, and shall be paid : So in the original. by the respective poflell or poffeffors of such improved

lands, and on his, her or their refusal to pay the faine, shall be levied on his, her, or their goods and chattels, by warrant under the hands and seals of the said commiflioners, or the hand and seal of any one or more of them, directed to the faid sheriff of the county wherein such improved lands respectively lie, who is hereby required to perform that service.

VII. And inasmuch as the said commillioners, in such further or other par. tition, may, through the great number of proprietors and rights, proceed upon a mistake, either by supposing them too few or too many; Be il therefore

Lots drawn to per- enačied by the jame authoriiy, That if any lot or lots shall be tons wilave no title set off and drawn for any person having no title to the lands ded, and perims who to be divided, such lot or lots shall be considered as lands bare tide, and do not kill undivided; and is no lot or lots shall be set off and drawn be barted thereby. for any person having title, nothing herein shall be construed to defeat such title. Provided nevertheless, That the partition shall be cons sidered as fully completed, to all intents and purposes, between all and every the other proprietors of the said lands.

VIII. And be it further enaded by the authority af refaid, That if any of the commissioners so to be appointed to make any partition by virtue of this act, shall die before the fame is completed, their powers shall veft in, and be ezercised by the furvivors or survivor of them.

IX. And be it further enacted by the authority aforesaid, That one of the faid commissioners shall be sworn as furveyor, previous to the faid survey to be performed (or if of the people called Quakers, shall make affirmation to periorm the same truly and impartially, and accordingly execute the duties of furveyor ; which faid oath, or affirnation, either of the other two coininistioners are hereby empowered to administer, and which oath, or affirmation, shall be entered in the minutes of their proceedings, and certified by the other two commissioners, and that one other of the faid commillioners Thall act asa clerks, and as such shall take minutes of all their proceedings.

X. Provided alw.ys, and be it enacted by the authority aforeluid, That in tase the said commissioner, being a surveyor as aforesaid, shall die before the survey be completed, or through fickness, or some other cause, be rendered incapable to complete the fame, that in such case, the surviving commillioner or commillioners shall, and may thereupon nominate, appoint, and qualify another surveyor to carry on and complete the same : Or in case either of the said commillioners be a furveyor, he shall and may be qualified and act as furveyor, and complete the survey in like manner: Which faid surveyor shall have twenty-eight shillings per day, for his services. That the faid commillioner acting as furveyor, shall have twenty-eight Nhillings per day; the commillioner acting as clerk, twenty-eight shillings per day; and the other of the said commisioners, twenty-four shillings per day, while actually eina ployed in the said service; and each of the chain-bearers, and the flag-bearer and marker (whenever the commillioners shall think fuch fiag-bearer or marker necefiary) Mall have ten shillings per day; and the persons who audit the accounts, twenty shillings per day, for their services : Which allowaxes thall be in full for their services, and all expences attending the faid survey; but the auditors may allow a reasonable fum for de fraying the expence of the attendance of the judges, the advertising and bailouing herein before directed,

z

ch. 38.

This act not to affect XI. And be it also enacted by the same authority, That the rights of the state, or of bodies corporate nothing in this act shall be conitrued to defeat, prejudivided lands of cer: dice, or destroy the rights of the people of this state, or of

"An extended to any bodies corporate and politic, nor to extend or relate to Neu-Paliz, 14th fell. any of the common and undi vided lands of any of the said

bodies corporate and politic, nor of any such common and

undivided lands belonging to any township on Nassau island, 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 Westchester, any thing herein to the contrary notwithstanding.

XII. And be it also enačied by the same authority, That the out-lines of every patent so to be divided, Thall be surveyed previous to the division, by the surveyor-general or his deputy, provided that he do attend and perform such service upon fix weeks notice of the time and place when and where the commillioners are to meet for performing the survey, being given to him in writing, under the hands of the commillioners; for which service he shall be allowed at the rate of twenty-eight (hillings per day, for comingto, attending on, and returning from such furvey; and shall be provided with chain-bearers, in the same manner, and to be paid at the faine rate as other surveyors, commilioners, and chain-bearers are by this act directed to be paid. But if the surveyor-general shall neglect to attend by himself or his deputy, in the manner aforelaid, then it shall be lawful for the commissioner acting as furveyor, to perform the whole survey of the patent so to be divided.

XIII. And whereas there may arise doubts on the survey, in cafe cofmidoubts concerning the limits of the tract fo to be divided, as well limits of a patent, low on objections made by those holding under the patents, as proceei.

by the surveyor-general or his deputy, on the part of the

people ; Be it there fore enacted by the fame authority, That the commissioners may, in such case, run the limits in such manner as the aid surveyor-general, or his deputy, shall direct, and also in the manner directed by the party or parties firit suing our a partition of the lands fo to be divided, and attending such survey for the partition thereof; and fall make a separate division of the lands so in dispute, and shall 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, shall always be laid down on the map on which the division is made, and on those to be filed in the secretary's office, and in the office of the clerk of the county.

XIV. Provided always, and be il further enacted by the authority aforef.id, That no survey of the out-lines of any patent shall be made by virtue of this act, in any case where such survey has already heretofore been made by virtue of any former law of the legiilature of this state, while a colony, or at the instance or request of the patentees or parties interested in the said lands, unless the said cominillioners shall conceive fuch former survey of the outlines of any patent, is not sufficiently certain to proceed to a partition and division as aforesaid.

XV. And whereas many small estates held in common, require a more easy and less expensive mode for the division thereof, than that which is herein before provided; Be it therefore enzied by the uthority afirc iud, That where any lands, tenements or hereditaments, shall be held in common, it shall and may be lawful for the court of conunon pleas in the county where such lands shall be, upon the application of one or more of the owners or

commitioners are to

proprietors of such lands, tenements and hereditaments, for partition thereof, it being proved to the satisfaction of the court, that the value of the said lands, tenements and hereditaments, do not exceed five thousand pounds, to appoint three reputable freeholders of the county, commissioners for that purpose, affidavit being first made before the court by the person or persons making such application, that the other owners or proprietors residing within the fate, or the guardians of such owners or proprietors as are minors, have had thirty days previous notice of his or their intention of making such application; and the commillioners so to be appointed, after they

shall have been duly sworn before one of the judges of the court of common pleas in such county, honestly and impartially to execute the trust repofed in them respectively, as commiffioners for making partition of the lands, tenements and hereditaments, as directed by the court, shall proceed to make partition of the said lands, tenements and hereditaments, among the owners and proprietors thereof, according to their respective rights therein ; which partition being made by the faid commissioners, or any two of them, and a return being made thereof in writing, under their hands and seals, to the court, particularly describing the lands allotted to each respective owner or proprietor, and mentioning which of the owners or proprietors are minors, if any such there shall be ; which return, being acknowledged by the faid commiffioners, or any two of them, before one of the judges of such court, and accepted by the court, and entered of record in the clerk's office, shall be a partition of such lands, tenements and hereditaments, as are therein mentioned. Provided always, That where any houses and lots are so circumstanced that a division thereof cannot be made without great prejudice to the owners or proprietors of the same, and the commissioners appointed to make partition of the fame shall so report to the court, if it hall then appear to the court that such houses and lots do not exceed in value the sum of three thousand pounds, the court shall thereupon give orders to the said commissioners to fell fuch house and lot, or houses and lots of land, at public vendue, and snall make and execute good and fufficient conveyances to the purchaser or purchases thereof, which shall operate as an effectual bar, both in law and Equity, against such owners, proprietors, and all persons claiming under tem; and the monics arifing therefrom to pay to the owners or proprietors of fuch houses and lots of land, their guardians or legal representatives, as snall be directed in the said order, retaining in their hands, for their services and expences, such sum as shall be allowed by the court; and the said commisoners, on a division of lands, tenements and hereditaments, by order of the court as aforesaid, shall be allowed such sum as the court shall award for their services and expences, to be paid by the owners or proprietors of the lands, tenements and hereditaments fo divided, in proportion to their respective rights therein ; and in case of the neglect or refusal of any of the owners cr proprietors, to pay his, her, or their proportion of the fum fo awarded, the court shall order so much of the lands, tenements and hereditaments allotted to fuch owner or proprietors fo refusing or neglceting, to be fold at public verdue, as will be sufficient to pay his or her proportion of the sum awarded by the court, together with the costs of such fale. And provided alio, That no division or fale shall be made by order of the court as above directed, contrary to the intention of any teftator, as expresled in his last Wiliandiciament.

XVI. Ani b': il fi!ither enolied by the authority Gürcfiil, That it Mall and Ding te lawsul for the interior cowts of common pleas in the leveral coun

ties, to allow of guardians who shall be chosen by minors of the age of fourteen years, and to appoint guardians for such as fhall be within that age; and the court, on allowing or appointing any guardian as aforesaid, shall take fufficient fecurity of all such guardians for the faithful discharge of their trust, and to render a juft and true account of such guardianship to the court, when thereunto required. And the guardians of all minors so to be allowed or appointed as aforesaid, shall be, and hereby are respectively authorised and empowered, on behalf of the respective minors whose guardians they are, to do and perform any act, matter or thing, respecting the division of any lands, tenements and hereditaments, as is directed in the above preceding clause, which shall be binding on such minor, and be deemed as valid to every purpose, as if the same had been done by such minor after he should Have arrived at full age.

с нА Р. XLVI. An ACT establishing and regulating Ferries across the Eaft River, between the Counties of Queen's and I fchefer.

Palled 31st March, 1785. I. E it enacted by the People of the fate of Neu-York, represented in ferate

, and asembly, and it is herciy enacted by the authority of the fame, That it shall and may be lawful for Richard Sands, of Cow-Neck, in Queen's county, his heirs, executors and administrators, to set up, keep and maintain a ferry across the East river, from such place on the lands of the said Richard Sands, near Sands's-Point, at Cow-Neck aforesaid, as shall be most convenient for the purpose, for and during the term of seven years froin the time of the palling of this act.

II. And be il further enated by the authority aforefuid, That it shall and may be lawful for the justice or justices of the peace, resident in the several townships of Oyster-Bay, in Queen's county, and New-Rochelle, in Westchester County, and the overseers of the poor of the said respective townships, or a majority of them, to lease, for any term not less than four, nor exceeding seven years, the right and privilege of setting up, keeping and inaintaining a ferry from their respective townships, across the East river, to such landing places in the said two counties as are herein after mentioned ; that is to any, That the ferry-boat from the township of Oyfter-Bay, shall and may landat fuch dock or landing-place in the township of Rye, in Westchester county, as the ferry in the said township of Rye shall and may, by law, be kept; and that Places where the fer- the ferry-boat from the said township of Rye, Mall and may ry-boat shall land, land at fuch dock or landing place in the said township of Oyster-Bay, as the ferry in the said township of Oyster-Bay shall, by virtue of this act, be kept; that the ferry-boat which shall be kept by the beforementioned Richard Sands, his heirs, executors or administrators, shall and may. land at such dock or landing place in the township of New-Rochelle, as the ferry in the said township of New-Rochelle shall, by virtue of this act, be kept ; and that the ferry-boat from the said township of New-Rochelle, mall and may land at such dock or Jarding-place at Cow-Neck aforesaid, as the said Richard Sands, his heirs, executors or administrators, shall erect and keep, as is herein after mentioned. And that it all and may be lawful for the justice or justices of the peace, refident in the several townships of Oysler-Bay and New-Rochelle, and the overseers of the poor of the said respective townships, or a majority of them, to lease for any term not less than four, por ex

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