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CHAP. XII.

AN ACT to reorganize the town of Junius, in the county of Seneca, and to appoint a place to hold the first town meeting in the said

town.

Passed February 14, 1816.

WHEREAS it is represented to the Legislature, that the town of Junius, in the county of Seneca, has for years past holden two annual towo meetings and two elections, to the great detriment and inconvenience of the good people of the said town. For remedy whereof,

Be it enacted by the people of the State of New-York, represented in Senate and Assembly, That all that tract of land now known and distinguished by the name of the town of Junius, in the county of Seneca, be a town, and be called by the name of Junius, and shall hold their next annual town meeting at the now dwelling house of Pontius Hooper, in the said town.

CHAP. XIII.

AN ACT relative to the Lansingburgh Academy.

Passed February 20, 1816..

WHEREAS it appears to this Legislature, that the president, directors and company of the bank of Lansingburgh, have consented that the trustees of the Lansingburgh academy may subscribe one thousand shares to the capital stock of said bank, for the benefit of said academy, provided the Legislature will authorise the same. Therefore,

Be it enacted by the people of the State of New-York, represented in Senate and Assembly, That the treasurer of the Lansingburgh academy may subscribe one thousand shares to the capital. stock of the bank of Lansingburgh, for and in behalf of the said academy; and the capital stock of said bank is hereby increased to the amount of said shares.

CHAP. XIV.

AN ACT to alter the time of holding the June Term of the Court of Common Pleas in and for the county of Otsego.

Passed February 20, 1816.

Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That the court of common pleas in and for the county of Otsego, shall hereafter be holden on the last Tuesday in May, instead of the first Tuesday in June, and may continue to be holden from the commencement thereof until Saturday of the same week inclusive.

B

CHAP. XV.

Company incorporated.

Style, &c.

Stosk

Gates to be erected.

Toil.

Commission

ers to lay out

AN ACT to incorporate the Troy and Sand Lake Turnpike Com pany.

Passed February 20, 1816.

I. BE it enacted by the people of the State of New-York, repre sented in Senate and Assembly, That Jedediah Tracy, Stephen Warren, John Sampson, Silas Covell, and all such other persons as shall associate for the purpose of making a good and sufficient turnpike road, to begin at or near the house of Lemuel Hawley, in the town of Troy, and extending from thence in the most direct and practicable route, until it intersects the Williamstown and Bath turnpike, at such place as may best accommodate the public, near Saud Lake, in the town of Sand Lake, and their successors, be, and they are hereby created a body carporate and politic, by the uame of "the President, Directors and Company of the Troy and Sand Lake Turnpike." And they are hereby ordained and constituted and declared to be a body corporate and politic, in fact and in name, and by that name they and their successors shall and may have continual succession, and be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts whatsoever, in all manner of actions, complaints, matters and causes; and by the same name and style, shall be in law capable of purchasing, holding and conveying any estate, real and personal, for the use of the said corporation: Provided, that such estate, as well real as personal, so to be purchased and held, shall be necessary to fulfil the end and intent of the said corporation, and for no other purpose whatsoever.

II. And be it further enacted, That the stock of the said company shall consist of one thousand shares, of twenty dollars each; and that Jedediah Tracy, Stephen Warren, John Sampson and Silas Covell, be, and they are hereby appointed commissioners to receive subscription for the said stock, in the manner directed in and by the act, entitled "an act relative to turnpike companies," passed the thirteenth day of March, one thousand eight hundred and seven.

III. And be it further enacted, That as soon as the road hereby authorised shall be completed, and a license obtained in the manner specified in the act above referred to, it shall be lawful for the said president, directors and company, to cause two gates to be erected, on the same road, and at such places as the person administering the government of this state shall deem necessary, to collect the tolls allowable by this act; and the said company may have and receive for passing the same, tolls not exceeding the rates of toll established for passing the gates authorised to be erected upon the Troy and Schenectady turnpike, by an act, entitled "an act for establishing a turnpike road from opposite the village of Troy to the city of Schenectady."

IV. And be it further enacted, That Thomas Hillhouse, Truman the road. Hanks, and John Schuyler, junior, or any two of them, be, and they

are hereby appointed commissioners to survey and lay out the said road, subject to the regulations and restrictions prescribed and contained in the aforesaid act, entitled "an act relative to turnpike companies," and to execute and perform all the duties therein mentioned, as fully as if the said commissioners had been appointed in the manner prescribed by the said act.

refunded.

V. And be it further enacted, That the said president, directors Money to be and company hereby incorporated, shall pay and refund to the president, directors and company of the Troy and Schenectady turnpike, the amount of the monies by them heretofore expended, in exploring and surveying a track and route for the said road. And shall have and enjoy Privileges, all the rights, privileges, powers and immunities, which are given and granted in and by the before recited act, relative to turnpike companies, and shall be subject to all the conditions, provisions, restrictions and regulations, contained in the same, saving and excepting where the same are contrary to the provisions of this act.

&e.

CHAP. XVI.

AN ACT to appoint Commissioners to lay out a road from Moscow to Buffalo.

Passed February 20, 1816.

ers.

1. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That Josiah Churchill, Parmenio Commission Adams and William A. Carpenter, or any two of them, be, and they are hereby appointed commissioners to lay out a public highway, of the width of four rods, from the village of Moscow, in the county of Genesee, through the village of Attica to the village of Buffalo, in the county of Niagara, on the most eligible route the country will admit. II. And be it further enacted, That the said commissioners, be- Their duty, fore they enter upon the duties aforesaid, shall take and subscribe an oath before a justice of the peace, to lay out said road without favor or partiality; and they shall, after laying out said road, cause to be made an accurate map of the survey of so much of said road as shall fall within the county of Gencsee, and cause the same, with the field notes of the survey, to be filed in the clerk's office of said county, and shall cause to be made a like map of the survey of so much of said road as shall fall within the county of Niagara, and cause the same, with the field notes of the survey, to be filed in the clerk's office of said county; and shall also cause a like map and field notes of so much of said road as shall fall within each town, to be filed in the clerks' offices of such towns respectively; and if the said road shall be laid through any improved lands, the damages shall be appraised and paid, and the road opened an improved in the manner prescribed by the act to regulate highways; and the commissioners and their surveyor shall be allowed each two dollars and fifty cents per day, for each day they shall be necessarily employed in the duties aforesaid, and such reasonable sum for contingent expenses as the supervisors shall direct.

III. And be it further enacted, That if in the opinion of said commissioners, it should be expedient to intersect the state road lead

State road

may be in

tersected.

Accounts, how to be au

ing from Pembroke to Buffalo, the said commissioners shall not be required to make a survey beyond the junction of the two roads.

IV. And be it further enacted, That the supervisors of Genesee ited & paid. and Niagara shall audit the accounts of said commissioners, and cause the same to be assessed, collected and paid, as part of the contingent expenses of said counties: Provided, that the sum paid by each county shall be in proportion to the time expended in laying out said road in such county.

Lands soldfor taxes, how to

CHAP. XVII.

AN ACT further to amend the act, entitled "an act for the assessment and collection of taxes," and for other purposes. Passed February 20, 1816.

I. BE it declared and enacted by the people of the State of New-York, be redeemed. represented in Senate and Assembly, That two years from and after the day on which the sales of lands for taxes in any one year heretofore made, or to be made, may have closed or shall close, shall be allowed to the owners of any lands sold during any such sales, to redeem the same.

Undivided

be redeemed

ration of sale.

II. And be it further enacted, That in every case in which an shares how to undivided share of any lot or tract of land, shall have been or may from the ope- be sold for taxes, it shall and may be lawful, for any person owning a specific part of any such lot or tract, to redeem such part from the operation of the sale, by paying for and redeeming such an undivided portion of the quantity sold, as shall amount to a just proportion for him to redeem and pay, comparing the quantity owned by him, with the whole quantity chargeable at the time of sale; and upon every such payment, the land of every such person shall be as effectually discharged from such sale, as if he had paid the arrears on his said part before the sale.

Of lands sold, undivided shares may

III. And be it further enacted, That in every case in which an undivided share of any lot or tract of land, may have been or be redeemed. shall be sold for taxes, it shall be lawful for any person owning any share or portion of the land so sold, or of the land charged at the time of sale, and out of which the sale was or shall be made, and who has paid or shall pay some of, although not all the taxes, for which the laud was or may be so sold, to pay his just proportion of the amount due for the tax or taxes so by him left unpaid on the tract out of which the said sale may have been or shall be made, which payment, when so made, shall discharge his land as effectually as if he had paid all the taxes on his said land before the sale; and in every such case, the quantity sold at the sale, shall be lessened in consequence of such payment and redemption, in the proportion which the sum paid for the redemption bears to the whole amount which would then be due for redemption of the land sold.

Lands soldfor taxes but paid for in the county, how to be redeemed.

IV. And be it further enacted, That in cases where it shall appear to the comptroller, that the arrears of taxes for which any land shall or may have been sold by him, were paid in the county from which the return was or shall be made, or in case the property

shall appear not to have been legally chargeable, which taxes it shall be lawful for him to debit the county, with the amount which would be required to be paid, for the redemption of the land sold, and to place that amount to the credit of the person who became the parchaser of the land, and to pay the same over to him in the same manner as if the land had been redeemed in the usual way. And further, that if it shall appear, that any arrears of taxes, for which lands shall be or may have been sold, were paid into the state treasury prior to the sale, the like credit shall be given and payment be made to the purchaser of the lands sold.

pealed.

V. And be it further enacted, That the thirty-third section of Section re the act for the assessment and collection of taxes, be, and the same is hereby repealed.

Road taxes,

collected.

VI. And be it further enacted, That in all cases where taxes have been authorised by law, for the purpose of opening and improv- how to be ing roads, it shall be lawful for the comptroller, after the expiration Pai of six months from the passing of this act, to draw his warrant on the treasurer, for the payment to the commissioners appointed to superintend the opening and improving of such roads respectively, the amount of such taxes as the same may have been returned to the comptroller's office, or the balances remaining unpaid thereof; and the said road taxes shall, after the expiration of said six months, be chargeable with interest, at and after the rate of fourteen per centum per annum, until paid, or until the land shall be sold therefor; and such land, or so much thereof as shall be necessary to pay said taxes and interest and the legal charges thereon, shall be sold by the oomptroller, within two years after the expiration of said six months, after first giving the like notice as is required to be given for the sale of lands in and by the act for the assessment and collection of taxes. VII. And be it further enacted, That the lands so to be sold for road taxes, shall be chargeable with the expenses of advertising and of sale, and the amount for which the same may be sold, be subject to the like interest after sale, and the land to the like rules of redemption and charges, as in cases of sale under and pursuant to the act for the assessment and collection of taxes, and this act.

Expense of be charged. advertising to

to be given to

VIII. And be it further enacted, That in all cases of sale, for Certificates road taxes, the comptroller shall give to the purchasers, certificates purchasers. of their purchases, and not conveyances, until the time of redemption expires.

land of obe

taxes, how to

sated.

IX. And be it further enacted, That if at any sales heretofore, When the made, or hereafter to be made for taxes, the lands of any one person person is sold shall be sold, not only for the taxes on the lands of such person, but for another's also upon the lands of some other person or persons, every such per- be compens son whose land may have been or shall be so sold, shall if he redeem the land so sold, as provided by law, be entitled to recover in any court of competent jurisdiction, from such other person or persons, a just proportion of the redemption moties so paid, with legal interest until paid.

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