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III. And be it further enacted, That the residue of the said township shall be subject to the said arrears, interest and costs, and to the said sale, iu like manner as if the said arrears had beco originally assessed and chargeable on the said residue only.

CHAP. CXI.

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AN ACT for the relicf of the President and Directors of the Ilhaca and Geneva Turnpike Company.

Passed April 12, 1816. BE it enacted by the people of the State of New York, represented in Senate and Assembly, That the time mentioned in the act incorporating said company for the completion of the road, shall be and hereby is extended to the first day of October, one thousand right hundred and seventeen ; and if said road be completed by the day last mentioned, the said act of incorporation shall be and remain in full force, any thing therein to the contrary notwithstarding.

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AN ACT 10 anend the act, cntilled an act lo incorporale the

I askinglon Insurance Company of the city of New York," passed March 13, 1814.

Passed April 12, 1816. WHEREAS it has been represented by the memorial of the said company, under their seal, that it would be of very great convenience to the said company, and the persons who transact business with them, that the said company should be authorised to dispepse with the use and application of their scal to such policies of insurance as may bereafter be made and entered into by the said corporation with any person or persons who may trapsact business with them, and praying the Legislature to grant them such privilege: Therefore,

BE il enacted by the people of the State of New-York, represented in Senale and Assembly, That it shall and may be lawful for the Washington insurance conpany of the city of New-York to dispense with the use and application of their seal to such policies of insurauce as may be hereafter made or entered into by the said corporation, with any person or persons whomsoever ; and that all policies of insurance hereafter to be made or entered into by the said corporation, though not under their seal, if subscribed by the president, or in case of his absence, resignation or inability to act, by the president pro tempore, or such ofticer or officers, or person or persons, as may be for that purpose authorised by the act of incorporation or the by-laws of said incorporation, and countersigned by the secretary, shall be binding and obligatory upon the said corporation, and shall bave the like force and effect, to all intents and purposes, as if the seal of the said corporation had been, or was aslixed thereto; and that an action upon the case may be maiutained thereon, against

the said corporation.

CHAP. CKIII.

AN ACT to incorporate the Homer and Genoa Turnpike Com

pany.

Passed April 12, 1816.
I. Be it enacted by the people of the State of New-York, repre-

sental in Senate and Assembly, That Robert T. Shaw, William R. T. Shaw Goodwin, John Ellis, John Marsh; Joseph Knittles, Elijah Conger, & others in- Richard Townley, Abraham Ozman, Elarmon Newman, William corporated. Miller, Asa Church, and all such other persons as with them shall asso

ciale, to make a good and susficient road, to begin at or near the house of Daniel Miller, in the town of Homer, in the county of CortJand, and ruboing thence the most direct and eligible route to the house of Joho Ellis, in the town of Dryden, and thence along the state road by the house of Robert T. Shaw, to Cayuga lake, near the mouth of Salmon Creek, io the town of Genoa, shall be and are hereby created a body corporate and politic, in fact and in name, by the name of “ the President, Directors and Company of the

Homer and Genoa Turnpike road,” and by that name they and Style and powers.

their successors shall and may have coutinual succession, and shall be persons in law capable of suiog and being sued, pleading and being impleaded, answering and beiog answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits, matters and causes ; and by the same name and style shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of the said corporation : Provided, that such estate, as well real as personal, so to be purchased and beld, shall be necessary to fulfil the intent of the said corporation, and to no other purpose whatsoever.

II. And be it further enacted, That the stock of the said com

pany hereby incorporated, shall consist of fifteen hundred shares, of Stock.

twenty dollars cach; and that Elijah Couger, Jobo Ellis and Robert T. Shaw shall be and are hereby appointed commissioners, to receive subscriptions for the said stock, in the manner directed in and by the act, entitled “ an act relative to turopikc companies," passed the 13th of March, 1807.

III. And be it further enacted, That the said company hereby incorporated, shall be entitled to exact and receive at each of the gates to be erected on the said road, from every person using the same for any pumber of miles not exceeding ten in length of the said

road, the following sums of money, and so in proportion for any Rates of

greater or less distance, that is to say, for every waggon with two toll.

horses or oxen, twelve and ap hali cents, and three cents for every additional horse or ox used before any waggon, cart or other car. riage; for every one horse cart or waggon, six cents; every coach, coachce, phaeton or curricle, with two horses, twenty-five cents; for every sulkey, chair, chaise or other one horse pleasure carriage, twelve and an half cents ; for every cart drawn by two oxen, eight cents, and for every additional poke, four cents; for every horse and rider or led horse, four cents; for every sleigh or sled drawn by two horses or oxed, six cents, and for every

additional horse or os, three cents ; for every score of horses, cattle
or mules, twenty cents, and so io proportion for a greater or less
number; for every score of sheep, or hogs, six cents; for every
stage-waggon, drawn by two horses, twelve and ap half cents, and
three cents for every additional horse.

IV. And be it further enacted, That the said company bereby Privileges
incorporated, shall have and enjoy all the rights, privileges and im- tions.
musiies which are given and granted in and by the act, entitled “an
act relative to turnpike companies,” and shall be subject to all condi-
tions

, provisions, restrictions and regulations contained in the said act : Provided, That the real estate of the said corporation shall not ex ceed the sum of one thousand dollars.

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CHAP. CXIV.

AN ACT regulating the payment of the compensation of the At-
torney of the Brothertown, Oneida and Stockbridge tribes of In-
dians.

Passed April 9, 1816.
I. BE il maçled by the people of the State of New-York, repre-
sented in Senate and Assembly, That the sum of fifty dollars be
paid to William Hotchkiss, aitorney for the Brothertown, Oneida
and Stockbridge Todians, by the treasurer of this state, on the war-
rant of the comptroller, being the balance due to him for two years'
salary ending December last, by virtue of the act, entitled “ an act
relative to the different tribes and nations of Iudians,” passed April
10, 1813.

II. And be it further enacted, That the treasurer, on the war-
rant of the comptroller, shall hereafter, annually, pay to the attorney
of the said Indians, the sum of seventy-five dollars, in part of the
salary allowed him by the act above mentioned; and that the remain.
der of his salary shall be paid in the manner in said act meutioned.

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CHAP. CXV.

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AN ACT for the more effectual collection of Taxes and Assess-
ments in the city of New York.

Passed April 12, 1816.
I. BE it enacted by the people of the State of New-York, repre- Tares how
sented in Senate and Assembly, That whenever any tax, of any de: to be levied
scription, on lands or tenements in the said city, shall remain unpaid
on the day upon which the collectors are limited by law to account
for the collection of the same, and the collector of the ward in which
the same shall be charged, shall make such affidavit in relation to the
said tax as is specified in the eleventh section of the act, entitled

an act for the assessment and collection of taxes,” passed April 5th, 1813; it shall be lawful for the mayor, recorder and afdermen of the said city, or any five of them, of whom the mayor, or recorder skall be oze, to issue a warrant under their hands and seals, directed

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to and requiring some proper person to levy the said tax, by distress and sale of the goods and chattels of the owner or owners of such lands or tenements respectively, wheresoever the said goods and claattels may be found in the said city, togсther with the costs and charges of such distress and sale, rendering the overplus, if any, to the person or persons whose goods and chattels shall be so destrained

aud sold. Proceedings in cases

II. And be it further enacted, That whenever any such tax shall where taxe n shall remain unpaid as aforesaid, and the collector shall make such remain un-- affidavit as is above; and also wherever and whenever any assesspaid.

reut upon any lands or tevements, in the said city, bath heretofore been or hereafter shall be made and confirmed according to law, and the amount of such assessment hath not been or shall not be collected: and the collector shall make affidavit of his demanding the money two several times of such owner or owners of the said lands or tenements as may reside in the said city, and that they have neglected or refused to pay the same, or shall make affidavit that the owner or owners of any such lands or tenements cannot, upou diligent enquiry, be found in the said city, then and in any such case it shall

and may be lawful for the mayor, aldermen and commonalty of the Notice to be city of New-York, to take order for advertising the said lands and published.

tenements, or any of thenı, for sale, in two or more of the public newspapers printed in the said city, for three months, once in each week; and by such advertisements the owner or owners of such lands and tevements respectively, shall be required to pay the amount of such tax or assessment so remaining unpaid, together with juterest thereon, at the rate of seven per cent per anuum (the interest oo said tax to be calculated from the time of making the above mentioved affidavit, and the interest on such assessment to be calculated from the time of the confirmation of the said assessment) to the time of payment, with the charges of such notice and advertisement, to the treasurer or chamberlain of the said city; and potice shall be given by such advertisements, that if default shall be made in such pay. ment, such lands and tenements will be sold at public auction, at a day and place therein to be specified, for the lowest term of years at which any person or persons sball offer to take the same, in consideration of advancing the said tax or assessment, and the interest thereon as aforesaid, to the time of sale, and togсther with the charges of the above mentioned notice and advertisement, and the here

in after mentioned certicate, lease and advertisement, and all other Land: be sold for a costs and charges accrued thereon : And if, notwithstanding such term of years notice, the owner or owners shall refuse or neglect to pay such tax or

assessment, with interest as aforesaid, and the charges attending such notice and advertisement, then it shall and may be lawful to and for the said mayor, aldermen and commonalty, to cause such lands and tenements to be sold at public auction, for a term of years, for the purpose and in the manner expressed in the said advertisements; and such sales shall be made on the day for that purpose mentioned in the said advertisements, and shall be continued from day to day, if necessary, until all the lands and tenements, so advertised, shall be sold: And the said mayor, aldermen and commonalty shall give to the purchaser or purchasers of any such lands and tenements, a certificate, in writing, describing the lands and tenements so purchased

may

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the term of years for which the same shall have been sold, the sum
paid therefor, and the time when the purchaser will be entitled to a
lease for the said lands and tenemeots : And the mayor, aldermen
and commoually of the city of New-York, shall at least six months
before the expiration of two years after any such sale, cause an ad-
vertisement to be published, at least once in each week for four weeks
successively, in the newspaper printed by the printer to this state,
and in one of the public newspapers prioted in the city of New York,
in such form as they shall deem best calculated to give notice of such
sale ; and that unless the lands sold be redeemed by a certain day
they would be conveyed to the purchaser: And if the person claim-
ing title to the said lands and tenements, or some one on his or her
behalf

, shall not within two years from the date of the above mention-
ed certificate, pay to the street commissioner of the city of New-
York, for the use of the purchaser, his executors, administrators or
assigns, the sum mentioned in such certificate, together with the in-
terest thereof, at the rate of twenty per cent. per aboum, from the
date of such certificate, the mayor, aldermen and commopalty of the
said city shall

, at the expiration of the said two years, execute to the purchaser, his executors, administrators or assigns, a lease, under the common seal of the said city, of the lands and tenements so sold, for such term of years as the same shall bave been sold; and such lease shall be conclusive evidence that the sale was regular, according to be provisions of this act : Aed such purchaser or purchasers, his, her or their executors, administrators and assigus shall, by virtue thereof

, and of this act, lawfully hold and enjoy the said lands and tepements, in the said lease mentioned, for his, her or their own proper use, against the owner or owners thereof, and all claiming under lim, her or them, until such purchaser's term therein shall be fully complete and ended : And the said purchaser or purchasers, his, her or their executors, administrators and assigns, shall be at liberty to Temove all the buildings and materials which he, she or they shall erect or place thereon, during the said term, within one month after the expiration of the said term, but leaving the lands and tenements, with the streets fronting the same, in the order required by the regulations of the common council: Provided always, That no such pro

Proviso. ceedings by advertisement and sale, as aforsaid, shall take place under any assessment heretofore made and coufirmed, wless in cases where the same now is a lien or charge on the lots assessed. III. And be it further enacted, That the above mentioned pro- Sale may be cresting by advertisement and sale, may take place in any case of made notsuch unpaid tax, as is above mentioned, notwithstanding a warrant of withstanddistress may have been issued for the collection thereof, in the manner rant of disabove mentioned, in case the whole or any part of such tax shall be tress issued

15. And be il further enacted, That this act shall not be constru-This act not ed to prevent the collection of any assessment or assessments by dis- to prevent

the sale of tress and sale of the goods and chattels of the owner or owners, occu

goods, &c. pant or occupants of any lands or tenements therein or thereby asbessed.

V. And be it further enacted, That all the provisions herein be. Former pro: fare made, relative to the sale of lands and tenements, within the city apply to arof Nex-York, for uppaid taxes, shall apply to all such taxes charg-rears of taxes

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uncollected thereupon.

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