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said, the respective person or persons in whose favor the same shall be so reported, his, her or their executors or administrators, at any time or times after application first made, by him, her or them, to the said trustees, for payment thereof, may sue for aud recover the same, with lawful interest from and after the said application therefor, and the costs of suit, in any proper form of action against the said trustees, in any court having cognizance thereof, and in which it shall be sufficient to declare generally for so much money due to the plaintiff or plaiotiffs therein, by virtue of this act, for premises taken for the purposes herein mentioned; and it shall be lawful for the plaiutiff or plaintiffs to give any special matter in evidence under such general declaration, and this act, and the report of the said commissioners, with proof of the right and title of the plaintiff or plaintiffs to the sums demanded, shall be conclusive evidence in such suit or action: Provided,

VII. And be it further enacted, That if the owners and proprie. In the case of tors of the said lands, tenements or hereditaments, or any part thereof minors, &o. so to be laid open as a street or highway, or the person or persons interested therein, or any or either of them, the said owners, proprietors, person or persons, in whose favor any such sum or sums of money shall be so reported, shall be under the age of twenty-one years, non compos mentis, or feme covert; and also in case the name or pames of the owser or owners, person and persons entitled unto or interested in the lands, tenements, hereditaments or premises, so to be laid opeu as a street or highway, shall not be set forth or mentioned in the said report, or in case the said owners, parties or persons respectively, named in the said report, cappet upon diligent enquiry be found, it shall be lawful for the said trustees to pay the sum or sums of money mentioned in the said report, payable or that would be owing to such owners, proprietors, parties and persons respectively, into the court of chaccery, to be secured, disposed of aod improved as the said court shall direct; and such payment shall be as valid and effectual as if made to ihe said owners, proprietors, parties and persons respectively themselves, according to their just rights, if they had been known and had all been present, of full age, discovert and compos

mentis. And proviled also, That in case any such sum or sums or Remedy in compensation so to be reported by the said commissioners in favor of fate of pay any person or persons, or party or parties, whether pamed or not named persons nei in the said report, shall be paid to any person or persons, cr party or ebcreto. parties whomsoever, when the same shall of right belong and cught to liave been paid to some other person or persons, party or parties, it shall be lawful for the person or persons, party or parties, to whom the same ought to have been paid, to sue for and recover the same, with lawsul interest and costs of suit, as so much money had and received, to his, her and their use, by the person or persons, party or parties respectively, to whom the same shall have been so paid. VIII. And be it further enacled, That the respective sums or

The jums 22assessments so to be assessed and reported by the said commissioners, sensed to the of value and assessment upon the several owners, lessees, parties and premises, persous entitled to or interested in the several lots, pieces or parcels of land or other tepements, hereditaments and premises, deemed by the said commissioners to be benefitted by layiug open the said piece of ground for a street or highway, shall be a bien or charge on the

entitled

lands, tenements, hereditaments and premises in the said report of the said commissioners mentioned, and upon the estate and interest of the respective oweers, lessees and parties interested in such lands, tenements, bereditaments and premises, for or on account of which the said respective sums shall be so assessed by the said commissioners, as the case may be, upon the said respective owners and proprietors thereof or parties interested therein ; and as well the said owners and proprietors thereof, and parties interested therein, and also the occupants, and each and every of them, shall morcover be respectively. liable to pay on demand the respective sum or sums or assessments mentioned in the said report of the commissioners, at which the respective lands, tenements, hereditaments and premises so owned or occupied by him, her or them, or wherein he, she or they are so

interested, or at which the owoers and proprietors thereof shall be so How to be assessed, to such person as the said trustees of the village of Troy sollected.

shall appeint to receive the same : And in default of payment of the same, or of any part thereof, it shall be lawful for the said trustees or any three of thein, of whom the president shall be one, by warrant under their hands and seals, to levy the same, with lawful interest thereon, from and after the expiration of thirty days from the time of the confirmation of the said report of the commissioners by the said supreme court of judicature, and together also will all the charges and expenses of the proceedings to be had for the collection thereof, by distress and sale of the goods and chattels of such owner or owners, occupant or occupants, or party or parties interested, so refusing or neglecting to pay the same, rendering the overplus, if any overplus there shall be after deducting all just charges, to such owner or owners, occupant or occupants, or party or parties interested; or the the said respective sums or assessments, with such lawiul interest as aforesaid, may be recovered, with all costs and charges, by the said trustees of the village of Troy, from and against the parties assessed, or the owner or owners of the said respective lands, tepements, hereditaments and premises, whereon or in respect of which the same may be assessed or set forth in the said report of the commissioners, or from or against any or either of the said parties or owners, without joining any other or others of them, the said parties or owners therein, by action of debt or assumpsit, in which it shall be sufficient to declare

generally for so much money due hy virtue of this act to the said Proviso.

trustees of the village of Troy, and any matter may be given ia evidence under such general declaration. Provided, that nothing herein contained shall affect any agreement between landlord and tenant, or any other contracting parties, respecting the payment of any such assessment or charges, but they shall be answerable to cach other in the same manner as if the provisions in this act contained concerving the same, had never been made ; and if any money so to be assessed, be paid by or collected or recovered from any person or persons, when by agreement or by law the same ought to have been born and paid by somc other person or persons, it shall be lawful for the person or persons paying the same, or from whom the same shall be recovered by distress, suit or otherwise, to sue for and recover the money so paid by or recovered from him or them, with interest and costs, as so much money paid for the use of the person or persons who ought to have paid the same; and the said report of

the commissioner, with proof of payment shall be conclusive evidence in such suit.

IX. And be it further enacted, That in case of the death, re Vacancies signation or refusal to act, of any of the said commissioners of bow filled. valuation and assessment to be appointed under and by virtue of this act, by the said judges of the supreme court, or any two of them, it shall and may be lawful for the said judges of the supreme court, or any two of them, as often as such event shall happen, to appoint a disinterested freeholder and citizen of this state, in the place and stead of such cominissioners so dying, resiguing or refusing to act.

X. And be it furlher enacted, That in all and every case of the appointment of commissioners under and by virtue of this act, it shall be competent and lawful for any two of such commissioners to be appoicted, to proceed to execute and perform the trusts and duties of their said appointment; and their acts shall be as valid and effectual as the acts of all the commissioners so to be appointed, if they had acted therein, would have beer. And further, that in all cases, the acts, decisions and proceedings of the major part of such commissigers, to be appointed under and by virtue of this act, as shall be acting in the premises, shall always be as binding, valid and effectual, as if the commiesiopers so appointed had all concurred and joined therein.

XI. And be it further enacted, That the commissioners to be ap- Allowance et pointed under and by virtue of this act, who shall enter upon the the commir duties of their appoio meni, shall each be entitled to receive the sum of pot more than two dollars and fifty cents, besides all reasonable expenses for maps, surveys and plans, clerk hire, and other pecessary esperises and disbursements, for each day they shail respectively bc acinally employed in the duties of their appointment, the same to be paid by the trustees of the village of Troy, and included in the before-mentioned assessment upon the persons and parties whose lands, tenements or hereditaments shall be deemed to be benefitted by laying open the said piece of groand for a street or highway.

sioners.

CHAP. XXXVI.

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AN ACT for altering the terms of the Courts of Common Pleas

Bird General Sessions of the Peace in and for the countics of
Onondaga and Niagara.

Passed March 8, 1816.
I. BE il enected by the people of the State of New-York, repre-
sented in Senate and' Assembly, That hereafter the said courts of
common pleas and general sessions of the peace in and for the county
of Onondaga, shall be held on the fourth Monday of May, September
and Jaguary, in each and every year: That the May and September
terms of said courts may continue to be held from the time of their com-
mencenent until the Saturdays next following, inclusive ; and that
the January term of said courts may ia like manner continue to be
held from the time of its commencement, except on Sunday, until
Saturday in the next week thereafter, inclusive.

II. And be il further enacted, That the court of common pleas and general sessions of the peace, in and fur the county of Niagara, shall hereaster be held on the fourth, instead of the first Tuesday of August, in each and every year; and that the said courts may continue until Saturday of the same week, inclusive.

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AN ACT to amend the acl, entitled an act relative to the improve ment of the navigalion of Hudson's river."

Passed March 8, 1816. Preamble.

WHEREAS Hugh Boyd hath declined to accept the office of commissioner to superiotend the navigation of Hudson's river, be

tween the village of Troy and Coeyman's overslaugh: Therefore, Never commit.' I. BE it enacted by the people of the State of Nem York, represented sioners ap in Senate and Assembly, That Barpum Whipple, Israel Smith and pointed.

Alleu Browo, of the city of Albany, be, and they are hereby appointed commissioners for the purpose aforesaid, with like powers as were vested by law in the said Hugh Boyd.

II. And bc it further enacted, That the said commissioners, They sball give bond. before they enter upon the duties of their office, shall give a bond to

the people of this state, with two substantial freeholders as surety, to be approved of by the comptroller, in the peoal sum of two thousand dollars, conditioned for the faithful performance of the said duties of commissioners, and to render a true account to the comptroller of all receipts and expenditures of money by them in their said office, on or before the first day of January, yearly, during their continuance in office; which bond, when duly executed, shall be deposited in the comptroller's office,

III. And be it further enacted, That the money heretofore grantFunds for im. ed by the Legislature for improving the aforesaid navigation, which proving the navigation, remaios unexpended, shall be invested by the comptroller in public vered.

in stock, or placed at interest on real security to double the amount,

exclusive of buildings, in the name of the people of this state, as he shall deem most beneficial; and that the comptroller shall draw his warrant upon the treasurer, from time to time, for the annual income thereof, in favor of the said commissioners, to be appropriated according to the directions of the hereby amended act, and accounted for in the mapper herein above directed.

how to be ir

CIIAP. XXXVIII.
AN ACT to divide the toron of Caneadea, in the county of

Allegany.

Passed March 8, 1816. I. BE it enacted by the people of the State of New York, represented in Senate and Assembly, That from and after the day preceding the first Tuesday in April bext, all that part of the town of Caneadea, in the county of Allegany, comprehended and included

Rushford

erceted. in township number five, in the second range of townships, and so much of township number four, in the second range, as lies south of the fifth township, so as to divide the town of Capeadea into two equal parts, shall be and hereby is erected into a town, by the name of Rushford : And the first town meeting in the said town shall be held on the first Tuesday of April next, at the house of Levi Benjamin. II. And be it further cnacled, That from after the day preceding Caneades to

remain. the first Tuesday in April next, all the remaining part of said town of Caneadea shall be and remain a separate town, by the name of Caneadea; and that the first town meeting in the said town shall be held at the house of Alexander V. P. Mills, on the first Tuesday of April pext.

III. and be it further enacted, That as soon as may be after the Poor money first town meetings in said towns, the supervisors and overseers of the

and poor to poor of the aforesaid torps shall, by notice previously given for that purpose by the supervisors thereof, meet together and apportion the poor maintained by the said town of Caneadea, and the poor money belonging to the same previous to the division thereof, agree able to the last tax list, and that each of the aforesaid towns shall forever thereafter maiotaio its own poor.

be divided.

CHAP. XXXIX.

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AN ACT for the relief of the sellers on the lands belonging to

the Stockbridge Indians.

Passed March 22, 1810. 1. BE il enacted by the people of the State of New York, reprcsented in Senate and Assemhly, That the first section of the act, Certain acts entitled “ao act relative to the different tribes and nations of Indiacs suspended and

eer withio this state," passed the tenth day of April, in the year of tain persons. Lord one thousand eight hundred and thirteen; and also the act, entitled “an act to preveut trespasses on Indian lands within this state," passed the second day of April, one thousand eight hundred · and thirteen, be, and the same are hereby suspended in their effect and operation, so far as it regards those persons only, who, on or before the first day of February, in the year of our Lord one thouisand eight hundred and fifteen, had settled on any of the lands mentioned in the said recited act and section, by virtue of leases from the Indians of said tribes. Provided nevertheless, that no person who is now iodicted, shall be entitled to the benefits of this act, until he shall pay or tender to the district attorney of the conaties of Ooeida aud Madison, the legal costs of such indictments.

II. And be it further enacted, That on the payment of such costs Distrletattor it shall be the duty of said district attorney to eoter a boli prosequi ney's duty. on said indictments.

III. And be it further enacted, That if in the opinion of the Persons may superintendants of said Iodiaus and the attorney of the same, any of said inhabitants are likely to prove injurious to said Indiaas, by lands in cer

be pemoved from Indian

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