from toll. Tolls. clerk of said county: And provided further, that the said Thomas Emmons, his heirs or assigns, shall obtain permission from the owners of the land to erect such gate. II. And be it further enacted, That it shall and may be lawful for the said Thomas Emmons, his heirs or assigns, as soon as he or they may have obtained and filed soch certificate, and erected such gate, to demand, collect and receive, of and from all and every person and Who exempt persons using the said road, (except such persons as may reside on said road between the dwelling house of Alvah Bosworth, in Chesterfield, and the bridge near the dwelling house of Isaac Jones, in Willsborough, who shall be permitted at all times to pass said gate without payment of toll at the said gates,) such tolls and duties as the court of common pleas of the county of Essex may annually determine upon and direct; and in case such certificate shall be obtained and such gate erected, in vacation of said court, then until the next subsequent term of the said court it shall and may be lawful for the said Thomas Emmons, his heirs or assigns, to demand, collect and receive at said gate, from all and every person using the said road, except as aforesaid, such tolls and duties as the said three judges of the court of common pleas, who shall certify for the sufficient repairs of said road, may certify are reasonable aud just, which certificate shall also be filed in the office of the clerk of said county; and it shall and may be lawful for the said Thomas Emmons, his heirs or assigns, or any toll gatherer appointed by him or them, to stop and detain any person riding, leading or driving any horses, cattle, sheep or hogs, sulkey, chair, phaeton, chaise, waggon, sleigh, sled, or other carriage of burthen or pleasure, from passing through said gate until they shall have respectively paid the toll so to be allowed as afore Certificate to be filed. Penalty for avoiding gate order gate opened. said. III. And be it further enacted, That if any person or persons shall, with his team, carriage or horse, turn out of said road, near to the said gates, and again return on said road, having passed the said gate, to avoid the toll due by this act, such person or persons shall, for every such offence, forfeit and pay the sum of five dollars, to be recovered with costs by the said Thomas Emmons, his heirs or assigns, for his or their use, in an action of debt, before any justice of the peace of the counties of Essex or Clinton. IV. And be it further enacted, That whenever complaint in writJudges may ing shall be made to any of the judges of the court of common pleas of the county of Essex, that the said road, or any part thereof, (setting forth particularly what part,) between the said dwelling house of Alvah Bosworth and the brook near the dwelling house of Samuel Coffee, is out of repair, it shall be the duty of such judge, to whom such complaint may be made, to repair to such part of the said road and to view the same, and if, in the opinion of such judge, the same shall be out of repair, then the said judge shall give notice in writing of such defect, to the person attending the said gate, and shall also, in his discretion, in the said notice, order the said gate to be thrown open, and the said gate shall immediately thereafter the service of such notice, be opened and remain open; and no toll shall be demanded for passing the same, until a certificate be received by the person attending said gate, under the hand of one of the judges of the court of common pleas aforesaid, that the said road is in sufficient liable. repair, and granting permission to shut said gate; and if the keeper Gate keeper of the said gate shall not, immediately after receiving a notice for that purpose as aforesaid, open the said gate and keep the same open until permission to shut the same is obtained as aforesaid, or if he shall hinder or delay any person or persons in passing the said gate, or shall take or demand toll from any person or persons passing the same, after the notice to throw open said gate has been given as aforesaid, and before such permission as aforesaid has been granted to shut the same, or shall at any time unnecessarily hinder or delay any person or persons from passing said gate, after payment or tender, by such person or persons, of the customary and established tolls, he shall, for every such offence, forfeit and pay to the party aggrieved the sum of ten dollars, to be recovered with costs, iu an action of debt, before any justice of the peace of the said county of Essex. V. And be it further enacted, That each of the said judges shall, Judges' pay. for all services performed under this act, be entitled to receive from the said Thomas Emmons, his heirs or assigns, two dollars for every day he shall be employed therein. VI. And be it further enacted, That the said Thomas Emmons, To account his heirs or assigns, shall annually render an account, on oath, to the annually. judges of the court of common pleas of the said county of Essex, at their next term after the month of August, in each year, of all the monies received and expended under and by virtue of this act : Provided always, that nothing in this act contained shall be constru ed to prevent the legislature from repealing or amending this act at any time hereafter, when it shall be deemed necessary. CHAP. CLIX. AN ACT for the relief of Bernard Conolly. Passed April 5, 1817. WHEREAS it is represented to the legislature, that Michael Conolly, in his life time, purchased of the commissioners of forfeitures of the western district, lot number eight, in a patent granted to James Alexander, Rip Van Dam and others, situated in the county of Montgomery, deemed to have been forfeited to the people of this state, by the conviction and attainder of Magdalean Johnson: And whereas the said Michael Conolly died several years ago, intestate, leaving Bernard Conolly his heir at law: and whereas the conveyance by the said commissioners to the said Michael Conolly, of the said lot, cannot be found, and there is ground to believe the same is lost; by reason whereof the said Bernard Conolly is unable to make out his title at law, so as to controvert the boundaries of said lot with the claimants of adjoining lots: for remedy whereof, BE it enacted by the People of the state of New-York, represented in senate and assembly, That all the right and title of the people of this state in and to the lot of land above described, be and the same is hereby vested in the said Bernard Conolly, his heirs and assigns, forever. Three owners of a tract may advertise a meet ing. May choose assessors. Their duties. Assessment roll. Collector's duty. CHAP. CLX. AN ACT further to amend the act, entitled “an act concerning quii rents." Passed April 5, 1817. I. BE it enacted by the people of the State of New-York, represented in senate and assembly, That when there are or may be several owners or proprietors of any tract of land, chargeable with quit rents, whether the same is or shall be situated in one town or in several towns or counties, it shall be lawful for any three or more of such owners or proprietors, whenever there shall be more than one year's quit rent due on such tract, to put up an advertisement at three public places, within each of the towns in which such patent may be situate, at least fourteen days prior to the time of meeting specified in such advertisement, notifying and requiring all the owners and proprietors of lands in such patent, chargeable with quit rents, to meet at a certain time and place therein to be specified, not less than twenty nor more than forty days from the time of setting up such adver, tisement, to raise and pay the arrears of quit rents then due for such tract; and such of the owners and proprietors of the said land, chargeable with quit rent, as shall then meet, may proceed to choose, by plurality of voices, two assessors and one collector for the purpose; and the assessors, so chosen, shall procure from the comptroller of this state, an account of the arrears of quit rent due for such patent, with an account of the charges of advertisement, if any, and an account of the quantity of land in such patent, if any, on which quit rent is remitted or discharged by commutation, and shall then proceed to make an assessment roll, containing the names of the owners or proprietors of the land in the said patent, chargeable with quit rcnt, where they can ascertain them, and the quantity of land to which they are respectively entitled, and the sum with which each of them and with which each parcel of laud is chargeable, according to the quantity of land which every person, known or unknown, may be entitled to, in the said patent or tract, with an addition of six per cent. for charges, taking care to describe with reasonable certainty the lands assessed, and to designate each owner who may be known, and subscribe their names to the said assessment roll, and annex the account received from the comptroller to it, and within forty days from the time they were chosen deliver the same to the collector, so chosen as aforesaid, who shall collect from the several persons, named in such assessment roll, resident on the said land, the several sums they shall be respectively charged with, in the same manner as the collectors of public taxes are or shall be empowered to do by law; and shall, within one hundred and twenty days after he receives such assessment roll, pay the sums by him received or collected thereon, to the treasurer of this state, and deliver the said assessment roll to the comptroller, with a certificate thereon signed by such collector, if the whole sum mentioned thereon is not paid, setting forth which of the persons therein named are delinquents, and the lands, if any, of owners unknown, which remains unpaid, and the reasons why the charges remaining unpaid could not be levied; and such collector to sell lands. Proviso. shall also pay one sixth part of such part of said six per cent. as he Their pay. shall collect to the assessors for their trouble, and retain the residue as a compensation for his services; and the comptroller shall sell the Comptroller lands of the delinquents, whether residents or non-residents, or so much of each piece or parcel, so returned to him, as may be necessary to raise the amount due on each respectively, with the expense of advertising and of sale, first giving notice of the sale in the manner prescribed in and by the act, entitled "an act to amend the act, entitled "an act concerning quit rents," passed the 14th October, 1814: Provided however, that after any tract or patent shall be advertised for sale for the arrears of quit rent thereon, every such collection as aforesaid and payment into the treasury, shall be made prior to the sale of the land: And provided also, that after any patent or tract of land shall regularly be advertised for sale for the quit rents thereon, it shall be lawful for the comptroller, under and pursuant to such advertisement, to sell the particular lots or parcels of land in any such patent or tract that may be returned by the collector as aforesaid as having the quit rent remaining due thereon, for the sum due thereon according to the assessment, whether belonging to a resident or non-resident, without again advertising such lots or parcels of land for sale: Provided always, that the owner of any lands, which may be sold for quit rents by virtue of this act, shall have be redeemed. the same time allowed for redemption, and upon the same terms, as in cases of sale by the comptroller, pursuant to the general act concerning quit rents. Lands may rears. II. And be it further enacted, That in every case in which application shall be made to the comptroller, by the assessors to be ap- Comptroller pointed under the first section of this act, within eighteen months from to certify an the first day of May last, to ascertain the amount of quit rents due on any patent or tract, he shall certify not only the arrears of quit rent then actually due on such patent or tract, but in case that sixty per centum of such arrears, and the commutation for future quit rent on such patent or tract shall be less than such arrears alone, he shall certify what such sixty per cent. of arrears and commutation amounts to, and then, and in every such case, the amount to be collected, where collections can be made by the collector as aforesaid, shall be the said sixty per cent. of arrears and commutation, and not the amount of the said arrears; and the payment of such sixty per May com cent. into the treasury, if paid within two years from the said first mute. day of May last, shall fully discharge the lands, upon which paid, from all quit rents as well future as past. III. And be it further enacted, That the owners or proprietors of any tract of land, in which the lands sold in the month of Novem- Lands redeemed by ber, in the year one thousand eight hundred and fifteen, were redeem- this state. ed by this state, in pursuance of the act, entitled "an act directing the redemption of the lands lately sold for quit rents, and further to amend the act relative to quit rents," passed the 12th April, 1816, shall and may proceed in all respects to the collection and payment of the amount due on any such patent or tract, as well for the sum paid for the redemption by this state, as for the additional quit rent due thereon, or to the collection and payment of sixty per cent. of such redemption monies and additional quit rent, and of the commutation for future quit rents, as the case may be, as the owners or pro. What amo'nt prietors of lands charged with quit rents alone are authorised to do, in and by the two first sections of this act. IV. And be it further enacted, That in addition to the amount which may be collected and paid into the treasury, under and pursuant to the fifth section of the act, entitled "an act directing the shall be paid redemption of the lands lately sold for quit rents, and further to to purchaser. amend the act relative to quit rents," passed April 12, 1816, upon any patent in which a sale shall hereafter be made for quit rents, there shall also be paid to the purchaser of the land sold at any such sale, the amount which may be certified by the collector to be due from delinquent owners in any such patent. Section repealed., V. And be it further enacted, That the fifth section of the act, entitled "an act concerning quit rents," be and the same is hereby repealed. CHAP. CLXI. AN ACT relating to the bounds of the Hoffman Township, and the road patents, in the county of Essex. Passed April 5, 1817. BE it enacted by the people of the state of New-York, represented in senate and assembly, That the third section of the act, entitled "an act making provision for expenses in surveying certain lauds therein mentioned, and for other purposes," passed April 2d, 1810," be and the same is hereby revived, and that the rights thereby intended to be given, be confirmed in such of the owners of any lots or sub-divisions of said township or patents as shall comply with the terms and conditions of said act, within one year from the passing of this act: Provided nevertheless, that the persons who shall obtain the benefit of this act, shall be liable to pay interest on the purchase money for the lands aforesaid, from the time interest would have accrued thereon, had they obtained the benefit of the provision hereby extended. CHAP. CLXII. AN ACT for the relief of James Wasson. Passed April 5, 1817. WHEREAS the commissioners of the land-office, by virtue of an act of the legislature, passed the uinth day of April, one thousand eight hundred and eleven, have issued letters patent to James Wasson, for two hundred acres of land, in a tract set apart for the use of the troops of the line of this state, serving in the army of the United States, in the revolutionary war, for and during the natural life of the said James Wasson, and at his death, to the children of the said James, as tenants in common: And whereas the said James, by his petition represents, that he is aged and infirm, and destitute of property, and unable to maintain himself and family, unless he is |