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clerk of the town of Verona; and it shall be the duty of the clerk of the town of Verona to receive and record the same.

CHAP. XXXII.

AN ACT for the relief of Charles Harford.

Passed March 1, 1816.

WHEREAS Charles Harford hath. by his petition to the Legislature, set forth, that to secure the payment of three hundred dollars, he, on the seventeenth day of February, one thousand eight hundred and eight, mortgaged to the people of this state, lot number forty-seven, in the subdivision of lot number one, in the short range of townships situate in the town of Gates, in the county of Genesee; that default having been made in the payment of the interest, the mortgaged premises were sold and purchased by the attorney-general for the state that said mortgaged premises are very valuable, and that said petitioner is ready and willing to pay the interest and costs which have accrued on said mortgage: And whereas the prayer of said petitioner appears reasonable: Therefore,

BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That if the said Charles Harford, or his assigns, shall, on or before the first day of September next, pay into the treasury of this state, the interest and costs which shall then have accrued upon the aforesaid mortgage, all the right, title and interest, which the people of this state have acquired in and to the aforesaid mortgaged premises, by means of the above recited sale thereof, shall be, and hereby is vested in the said Charles Harford, his heirs and assigns, subject to the aforesaid mortgage, in like manner as if the aforesaid sale had not been made by virtue of said mortgage.

CHAP. XXXIII.

AN ACT for the relief of David Tomlinson.

Passed March 1, 1816.

BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That the title of David Tomlinson, of the city of Schenectady, merchant, to any lands, tenements and hereditaments, or the rents and reversions thereof, in the counties of Montgomery and Saratoga, in this state, conveyed by Edward Campbell, of the same city, to the said David Tomlinson, shall be valid and effectual in the law; any alienisin in the grantor, or in those through whom he claims title, to the contrary notwithstanding,

CHAP. XXXIV.

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AN ACT to revive the act, entitled "an act to incorporate the Cambridge Branch Turnpike Company, and for other purposes, and to extend the time for completing the road and bridge therein mentioned, and for other purposes.

Passed March 8, 1816.

lowed to com

I. BE it enacted by the people of the State of New-York, repre- Act nevived sented inSenate and Assembly, That the act, entitled "an act to incorpo- and time al rate the Cambridge Branch turnpike company, and for other purposes," plete theroad passed on the second day of April, in the year one thousand eight hundred and ten, be, and the same is hereby revived from and after the passing of this act, with the same force and effect as if the said act of incorporation was now passed: And further, that the president and directors of the said corporation hereby revived, shall have time until the first day of December, one thousand eight hundred and twenty-one, to complete the road and bridge mentioned in the said act; and that it shall be lawful for the president and directors of the said corporation to alter the route of the said road, from the north side of the Hoosick river, so as to intersect the northern turnpike road, at such place and in such manner and direction, as to the president and directors aforesaid shall seem most conducive to public convenience, and shall best promote the object of the said corporation. And further, that the directors last elected by the said company, shall continue to be the directors thereof, until others be chosen in their stead, pursuant to the directions of the act relative to turnpike companies.

Bowman's

II. And be it further enacted, That the time allowed by law for the completion of the Bowman's creek turnpike road, be, and the creek turnsame is hereby extended to the first day of October, in the year one thousand eight hundred and twenty-one.

pike.

CHAP. XXXV.

AN ACT for opening and improving certain streets in the village

of Troy.

Passed March 8, 1816.

WHEREAS it appears to the Legislature, that it would greatly Preamble, promote the convenience of the inhabitants of the village of Troy, to remove the buildings erected on a certain piece of ground in said village, included between River street, Albany street and Second street, and to lay open the said piece of ground as a public highway or street. Therefore,

tion and as)

I. BE it enacted by the people of the State of New-York, repre- Commission sented in Senate and Assembly, That the judges of the supreme ers of valua! court of judicature of this state, or any two of them, upon the appli- sessment ape cation of the trustees of the village of Troy, shall and may appoint pointed. three disinterested freeholders, who shall be citizens of this state, to be denominated commissioners of valuation and assessment, for the

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purpose of performing the duties hereinafter mentioned, which commissioners, before they enter upon the duties assigned to them by this Their duties act, shall take and subscribe an oath or affirmation, before the president of the village of Troy, or one of the judges of the court of common pleas of Rensselaer county, faithfully and impartially to perform the trust and duties required of them by this act, which oath shall be filed in the clerk's office of the county of Reusselaer; and it shall be the duty of the said commissioners, after having viewed the ground and buildings thereon mentioned in the preamble of this act, and the lands, tenements and hereditaments in the vicinity thereof, and which in their opinion will be benefitted and increased in value, by removing the buildings from the said piece of ground, and laying the same open for a street or highway, to proceed to ascertain and determice the value of the said piece of ground and the buildings standing thereon, and also the expense of removing the buildings therefrom and levelling the ground; and after ascertaining and determining the value of the said ground and buildings, and the expense of removing the buildings and levelling the ground, the said commissioners shall proceed to make a just and equitable apportionment and assessment of the amount so ascertained, among and upon the owners, lessees, parties and persons respectively entitled unto, or interested in, the lands, tenements, hereditaments and premises, fronting on the ground so to be laid open, or which are so situated in respect to the said ground, as in the opinion of the said commissioners, to be benefitted and increased in value by laying open the said piece of ground for a street or highway, the sum apportioned and assessed upon each of the owners, lessees, parties and persons aforesaid, to be equitably proportioned to the ratio or degree in which his or their property will be benefitted by laying open the said piece of ground for a street or highway; and the said commissioners, after ascertaining and determining the value of the said piece of ground and the buildings thereon, and the expense of removing the said buildings and levelling the ground, and after having also apportioned and assessed the sums so ascertained and determined, among and apon the several owners, lessees, parties and persons respectively entitled unto, or interested in, the respective lands, tenements, hereditaments and premises, which in the opinion of the said commissioners, will be benefitted and increased in value, by laying open the said piece of ground for a street or highway, they shall make a report to the supreme court of judicature of this state, of their doings in the premises, and subscribe the same with their names, in which report the commissioners shall set forth the names of the respective owners, Icssees, parties and persons entitled unto, or interested in, the lands and buildings so to be laid open, and each and every part and parcel thereof, as far forth as the same can be ascertained by them, and an apt and sufficient designation or description of the respective lots or parcels of land and other tenements, hereditaments and premises, contained within or situate on the ground so to be laid open for a street or highway, and also the names of the respective owners, lessses, parties and persons entitled unto or interested in the respective lots or parcels of land and other tenements, hereditaments and premises not included within the said piece of ground so to be laid open as a street or highway, but deemed to be benefitted by the same, and so assessed by the said commissioners as aforesaid, and also the several and respective

sums ascertained and determined as and for the compensation and recompense to be made to each of the owners of the fee or inheritance of the lands, tenements, hereditaments and premises, so to be laid open for a street or highway, and also to the respective owners of any lease hold or other interests therein respectively, and also the several and respective sums so as aforesaid to be apportioned and assessed among and upon each of the owners, lessees, parties and persons entitled to or interested in the several lots or parcels of land and other tenements, hereditaments and premises, deemed by the said commissioners to be benefitted and increased in value by laying open the said piece of ground for a street or highway; but in case the owners of any part or parcel of the ground so to be laid open as a street or highway, or the owner of any of the lots, parcels of land or other tenements or hereditaments, which the commissioners may deem to be bencfitted and increased in value thereby, or their respective estates and interests are unknown or not fully known to the said commissioners, it shall be sufficient for them to estimate and to set forth and state in their said report, in general terms, the respective sums to be allowed to the person or persons who is unknown, or whose rights and interest in the ground and buildings so to be laid open, are not fully known; and also to assess and set forth and state, in general terms, the sums to be paid by the owners and proprietors generally, and of parties interested in such lands, tenements, hereditaments and premises, for the benefit and increase in value to such owners, proprietors and parties interested in respect of the whole estate and interest of whoever may be entitled unto or interested in the said lands, tenements, hereditaments and premises respectively, in consequence of laying open said piece of ground for a street or highway, without specifying the names or the estates or interests of such owners, proprietors and parties interested, or any or either of them.

II. And be it further enacted, That upon the coming in of the Report how said report, signed by the said commissioners, or any two of them, to be mate. the said court shall, by rule or order, after hearing any matter which may be alledged against the same, either confirm the said report, or refer the same to the same commissioners for revisal and correction, or to new commissioners to be appointed by the said court, who shall be freeholders and citizens of this state, to reconsider the subject matter thereof; and the said commissioners, to whom the said report shall be so referred, shall return the same report corrected and revised, or a new report, to be made by them in the premises, to the said court, without unnecessary delay; and the same, on being so returned, shall be confirmed, or again referred by the said court in manner aforesaid, as right and justice shall require; and so, from time to time, until a report shall be made or returned in the premises, which the said court shall confirm; and such report, when so conArmed by the said court, shall be final and conclusive, as well upon the ownere, lessees, persons and partics interested in and entitled unto the lands, teacments, hereditaments and premises mentioned in said report, as also upon all other persons whomsoever; and on such final confirmation of such report by the said court, the trustees of the village of Troy shall become and be scised of all the said land, tenements and hereditaments included within the boundaries mentioned in the preamble of this act; and thereupon the said trustees, or any

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ings may be

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person acting under their authority, may immediately, or at any time or times thereafter, take possession of the same, or any part thereof, without any suit or proceeding at law for that purpose, in trust, nevertheless, that the same be appropriated and kept open for, or as a part of a public street or highway, as the other public streets iu said village are and of right ought to be.

Certain build- III. And be it further enacted, That if any building or buildings sold by the shall remain on the said piece of ground so to be laid open for a street, trustees of at the time of the final confirmation of the report of commissioners of valuation and assessment, the trustees of the village of Troy shall sell and dispose of the said buildings for the best price that can be got for them, and the sum or sums so raised, shall be paid towards the recompence to be made to the owners of the ground so to be laid open for a street, and such sums shall be deducted in equal proportions from the sums assessed, on the owners of the lots, tenements and hereditaments deemed by the commissioners to be benefitted and increased in value by laying open the said piece of ground for a street or highway.

Certain con.

to be dis

eharged.į

IV. And be it further enacted, That all the covenants, contracts wracts when and engagements, between landlord and tenant, or any other contracting parties, touching the lands, tenements and hereditaments so to be laid open for a street or highway, shall upon the final confirmation of the report of the commissioners, cease and determine and be absolutely discharged.

Assessment to be filed in the County olerk's office.

V. And be it further enacted, That the said commissioners of A copy of the valuation and valuation and assessment, to be appointed under and by virtue of this act, after completing their said valuation and assessment, and at least fourteen days before they make their report to the said court, shall deposit a true copy or transcript of such valuation and assessment in the clerk's office in the county of Rensselaer, for the inspection of whomsoever it may concern, and shall give notice by advertisement, to be published in at least two of the public newspapers printed in the village of Troy, of the said deposit thereof in the said office, and of the day on which their report will be presented to the said court; and any person or persons, whose rights may be affected thereby, and who shall object to the same or any part thereof, may within ten days after the first publication of the said notice, state his, her or their objections to the same, in writing, to the said commissioners ; and the said commissioners, or such of them as shall make such valuation and assessment, in case any objection shall be made to the same, and stated in writing as aforesaid, shall reconsider their said valuation and assessment, or the part or parts thereof so objected to, and in case the same shall appear to them to require correction, but not otherwise, they shall and may correct the same accordingly.

Valueoflands taken for

to be paid.

VI. And be it further enacted, That the trustees of the village of Troy shall, within four months after the confirmation of the report of streets, how the commissioners in the premises, by the said court, pay to the respective persons, mentioned or referred to in the said report, as owners of or interested in the land, tenements or hereditaments so to be laid open as a street or highway, the sum or sums at which his, her or their title or interest in or to the same, respectively, shall have been valued and determined by the said commissioners; and in case of neglect or default of the payment of the same, within the time afores

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