Banking proibited. ought to be made, the directors for the time being shall continue to be directors, until others be elected; and this act is hereby declared to be a public act, and shall be favorably and benignly construed in all courts and places. V. And be it further enacted, That nothing herein contained shall be taken to authorise the said corporation to employ any part of their capital for banking purposes: Provided, that the legislature, shall at any time hereafter, have power to alter or amend this act at their pleasure. Freamble. E. Ellice may pur. ehase from sees, &c. CHAP. CCXLIII. AN ACT to enable certain persons to purchase, take, hold and Passed April 15, 1817. WHEREAS it has been represented to the legislature, that Alexander Ellice, late of the city of London, deceased, died seized of a considerable real estate within this state, leaving his widow, Aon Ellice, and his children, William Ellice, George Ellice, Alexander Ellice, Junior, Russell Ellice, Mary Martha Ellice, Helena Ann Ellice and Catharine Ellice, his devisees and heirs, and that for the more easy division of the said estate, the said widow and other children above named, are desirous to grant, bargain and convey their right, title and interest in and to the aforesaid real estate, to the above named Edward Ellice, his heirs and assigns, with intent, that he and they may be enabled to grant, bargain, sell and convey the same in fee simple; but that by reason of the alienism of the said Edward Ellice, he is disabled to take by purchase the right and ti tle of his co-devisees and heirs in and to the said real estate: Therefore, I. BE it enacted by the people of the state of New-York, repre sented in senate and assembly, That the said Edward Ellice shall his co-devi- be, and hereby is enabled to take by purchase, from his co-devisees and heirs, to him, his heirs and assigns, all their right, title and interest in and to the real estate whereof the said Alexander Ellice died seized, situate within this state; and that it shall be lawful for the said Edward Ellice, his heirs and assigns, to grant, bargain, sell, convey and dispose of the same to any person or persons who are authorised by law to purchase and hold real estate within this state, in like manner as natural born citizens: Provided always, that it shall not be lawful for the said Edward Ellice, or his heirs, to de mise any part of the said real estate for any term, or to charge the same with any rent. II. And be it further enacted, That Adam Dixon, of the city of Albany, Thomas F. Popham, Daniel W. Christman, Thomas Hind, William Briggs, George Parish, William Theobald Wolfe Tone, Eliza Mary Upton, Francis Dundas Upton, Ann Caroline Upton, Patrick German, Michael German, Edward German, James Smith, Robert Bowser, James Greene, John Mailer, George Burrell, William Brown, David Moore, David M'Crary, Thomas Shortland, Alexander Wilson, James Agett, Augustus Pardessus, Charles Augustus Dale, William Wells, George Miller, Jeannle Marie Roulett, wife of John S. Roulett, James Brown, John Williams, Bernard F. Traynier, Frederick Stephens, Bartholomew Hounsfield, James Turkinton and Joseph Rogers, shall be and hereby are respectively enabled to take real estate within this state, either by descent or purchase, and to hold and dispose thereof in like manner as natural born citizens, and that the title to any lands, tenements or hereditaments, heretofore purchased or acquired as aforesaid, by any of the above named persons, shall not be impeached or defeated by reason of his alienism, but the same is hereby vested in every such person, his heirs and assigns, in like manner as if he had been a natural born citizen at the time of such purchase. lands shall not escheat, III. And be it further enacted, That the lands, tenements and hereditaments purchased by Henry Waller of Mount Pleasant, in H. Waller's the county of Westchester, before his naturalization, or before he was by law enabled to purchase and hold real estate within this &c. state, shall not escheat to the people of this state by reason of his being an alien at that time, but the same shall be deemed to have vested in the said Henry Waller, in the same manner as if he had been naturalized, or enabled by law to hold real estate at the time of such purchase. G. Rosier's in J. M. IV. And be it further enacted, That all the right, title, claim and interest whatsoever, of the people of the state of New-York, in and to any lands, tenements or hereditaments within this state, of which George Rosier, late of the city of New York, died seized, be lands vested and the same is hereby declared to be granted to and vested in the Roulett. said Jeannle Marie Roulett, wife of John S. Roulett, of the city of New-York, and daughter of the said George Rosier, deceased, her heirs and assigns for ever, in like manner as if at the time of the death of the said George Rosier she had been a naturalized citizen of the United States or of this state: Provided the said Jeannle Marie would have been entitled to take the same by descent or by devise from the said George Rosier, had she been a naturalized citizen at the time of his decease. Proviso. CHAP. CCXLIV. AN ACT authorising the supervisors of the county of Cortland to raise money by tax to build a gaol therein, and for other pur poses. Passed April 15, 1817. I. BE it enacted by the people of the state of New-York, represented in senate and assembly, That it shall be the duty of the supervisors of the county of Cortland, at their next annual meeting, and they are hereby authorised and required, to cause to be assessed, collected and paid into the treasury of the said county, a sum not exceeding five thousand dollars, in like manner as taxes to defray Tax of 5,000 the contingent expenses of said county are assessed, collected and paid, for the purpose of erecting and completing a gaol in said coun dollars, Commission row. ty: Provided always, that the said supervisors shall not be compelled to raise a sum exceeding two thousand dollars in any one year, and that Moses Hopkins, Billy Trowbridge and George Rice, be and they are hereby appointed commissioners to superintend the building thereof. II. And be it further enacted, That the said commissioners be ers may bor and they are hereby authorised to borrow, on the credit of the said county, for the purpose of this act, a sum not exceeding two thousand dollars, at a rate of interest not exceeding seven per cent. per annum; and the treasurer of said county is hereby required to pay the same on the warrant of the said commissioners as aforesaid, out of any monies in the treasury not otherwise appropriated; and it shall be the duty of the said commissioners, before they enter upon the duties required of them by this act, to take and subscribe an Shall take an oath, well, faithfully and honestly to perform the same, and shall give bonds. immediately thereafter, each give a bond to the supervisors aforesaid, with sufficient sureties, to be approved of by the clerk of the board of supervisors of said county, in the penal sum of five thousand dollars, conditioned for the faithful application of the money to be by them received or drawn as aforesaid, and to render a just and true account thereof to the said supervisors when thereto required. oath and Duty of su pervisors. III. And be it further enacted, That it shall be the duty of the said supervisors to meet at the Cortland village on the second Tuesday of May next. and their clerk is hereby directed and required to notify them accordingly, and when so assembled, if a majority of them shall be of opinion, that the good of the county requires the location of the gaol on the flat in Cortland village, they are hereby empowered to purchase or procure a lot of ground, not more than one acre, nor less than one half acre, for that purpose: And further, that thereupon the said commissioners, or a majority of them, mentioned in the first section of this act, be and they are hereby authorised and empowered to proceed to erect, build, put up and complete the said gaol on the said land so procured by the said supervisors as aforementioned: Provided, however, that if the said supervisors should not think proper to change the location of the site for said gaol, then it shall be the duty of the commissioners aforesaid, to proceed to erect and complete a gaol on the ground now owned by the people of said county. Preamble. CHAP. CCXLV. AN ACT to direct the Surveyor-General in regard to ceriain confiscated lands in the Freemason's patent, in the county of Oncida. Passed April 15, 1817. WHEREAS it appears from the statement of the surveyor-general, that in consequence of a verdict given in the year 1803, in the circuit court for the county of Oneida, the attorney-general gave a certificate, that the title of certain lands in the Freemason's patent, in said county, was vested in the state by the attainder of John Weatherhead; whereupon the surveyor-general, pursuant to the laws of the state, proceeded to have said lands surveyed and appraised, and conveyed some of them to the occupants who were entitled to the right of pre-emption; but discontinued the execution of said laws, in consequence of advice from the attorney-general, that new trials were intended to be had, in which the title of the state would probably fail, and the title of the state in said lands having since been perfected by removing the incumbrances, the occupants are entitled to the benefits granted by the second section of the "act to facilitate the discovery and sale of the estates of attainted persons," passed March 31, 1802; but said act requiring that the occupants should pay into the treasury one sixth part of the appraised value within nine months after the appraisement, and the residue within eight years thereafter, with interest, special directions for the duty of the surveyor-general in this case have become necessary: There fore, BE it enacted by the people of the State of New-York, represented in senate and assembly, That if any of the occupants reported by the appraisers of said lands, or their heirs or assigns, shall within nine months from the passing of this act, pay into the treasury the one sixth part of the consideration for the land, to the pre-emption of which he or they are entitled by virtue of the aforesaid act, and execute a mortgage to the people of this state for the residue, payable eight years thereafter, with interest annually, at the rate of six per cent. per annum, the surveyor-general shall give a conveyance for such land in the manner prescribed by law, and the consideration of such land shall be the sum at which the same has been valued by the appraisement thereof, made by Evans Wharry and John Meyer, and filed in the surveyor-general's office on the twenty-sixth day of June, one thousand eight hundred and four, with the addition of the interest thereon, at the rate of six per cent. per annum, from the twenty-sixth day of March, one thousand eight hundred and five. CHAP. CCXLVI. AN ACT to amend an act to raise monies for building a new ccurt house and fire proof clerk's office in the county of Ulster. Passed April 15, 1817. I. BE it enacted by the People of the state of New-York, represented in Senate and Assembly, That the third section of an act, entitled " an act to raise monies for building a new court house and fire proof clerk's office in the county of Ulster," be and is hereby repealed: Provided, however, that the said court house and gaol and clerk's office shall be erected on the lot on which the present court house in said county is situated. II. And be it further enacted, That so much of the second section of the said act, as authorises the supervisors of the said county to appoint commissioners in the place and stead of the commissioners named in the said act, be and hereby is repealed; and the said power shall be exercised by the person administering the government of this state, and that any appointment of any commissioner by the said supervisors heretofore made, shall be and hereby is vacated. Preamble. rised to con vey to trustees, &c. CHAP. CCXLVII. AN ACT for the relief of the heirs of Henry Cronkhite, Junior, deceased. Passed April 15, 1817. WHEREAS, William Green and Josiah Crane, administrators, of the goods and chattels, rights and credits of Henry Cronkhite, Junior, late of Minden, in the county of Montgomery, deceased, have represented to the legislature, that on the eighth day of October, in the year one thousand eight hundred, William Alexander, as attorney for Alexander Ellice, deceased, did by articles of agreement under his hand and seal, covenant to execute a conveyance in fee simple to the said Henry Cronkhite, Junior, for lot number fifty-two, containing one hundred and eleven acres of land, in a patent of land commonly called Vaughan's patent, in the town of Minden, in the county of Montgomery, for which the said Henry Cronkhite, Junior, covenanted to pay the sum of one thousand and fifty-seven dollars and fifty cents, in the manner and at the times in said articles of agreement mentioned: That the said Henry Cronkhite, Junior, thereupon took possession of said lot, and has made valuable improvements thereon, and no deed for said land has been delivered under the said articles: And whereas the said Henry Cronkhite, Junior, lately died intestate, leaving issue and heirs at law, Hannah Cronkhite, wife of the said William Green, Polly Cronkhite, wife of the said Josiah Crane, John Cronkite, Cornelius Cronkhite, Henry Cronkhite, Alida Cronkhite, Jeremiah Cronkhite, James Cronkhite, Jacob Cronkhite and Eliza Croukhite, the seven last of whom are infants under the age of twenty-one years, and that part of the consideration money is still due for said lot of land: To the end, therefore, that the interest of the heirs at law of the said Henry Cronkhite, Junior, in said lot of land, may not be sacrificed but preserved, and that the debt due for the same to the devisees and heirs at law of the said Alexander Ellice, deceased, may be speedily paid, BE it enacted by the people of the state of New-York, representAgents of A. ed in senate and assembly, That the authorised agents of the deviEllice's devisees autho sees and heirs at law of the said Alexander Ellice, be and they are hereby authorised to convey to the said William Green and Josiah Crane, above mentioned as aforesaid, and their heirs and assigns, the said lot of land as described in said articles of agreement, and that the said William Green and Josiah Crane, be and they are hereby appointed trustees for the heirs at law of the said Henry Cronkhite, Junior, with full powers to them to grant, bargain and sell the said lot of land, and to execute good and sufficient deeds and conveyances to the purchaser or purchasers thereof, and the monies arising from such sale, after deducting the amount of the debt due, or which may become due for said lot of land to the said devi |