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hereby incorporated, shall consist of one thousand shares, of twenty dollars each, and that Wilhelmus Mynderse, George Goundry, James Dixon and Norman Sheldon, be and they are appointed commissioners to receive subscriptions for said stock, in the manner directed by the act, entitled "an act relative to turnpike companies," passed March 13, 1807.

111. And be it further enacted, That the said company hereby incorporated, shall be entitled to exact and receive at the gate to be erected on said road, the following sums of money from all persons travelling or using the same, to wit: for every score of hogs or sheep, three cents; for every score of cattle, horses or mules, six cents; for every chair, sulkey or chaise, with one horse, twelve and an half cents; for every horse rode, led or driven, four cents; for every chariot, coach, coachee, phaeton, pleasure waggon or pleasure carriage, drawn by two horses, twenty-five cents; for every additional horse six cents; for every cart drawn by one horse, six cents; for every stage waggou or other four wheeled carriage, drawn by two horses, mules or oxen, twelve and an half cents; for every additional horse, mule or ox, three cents; for every cart drawn by two oxen, eight cents, and for every additional yoke of oxen, or pair of horses or mules, three cents; for every sled travelling said road from the fifteenth day of December to the fifteenth day of March in each year, one half of the tolls herein demanded for carriages for the transportotion of burthens.

IV. And be it further enacted, That the said company, hereby incorporated, shall have and enjoy all the rights, privileges, powers and immunities, which are given and granted in and by the aforesaid act, entitled " an act relative to turnpike companies," and the acts amending the same, and shall be subject to all the conditions, restrictions and regulations, contained in the said general act.

CHAP. LXXIV.

AN ACT relative to the election of a governor and lieutenant-gov

ernor.

Passed March 10, 1817.

WHEREAS his excellency Daniel D. Tompkins has resigned the office of governor of this state, whereby, under the provisions of the constitution. the seat of government has become vacant, and a governor and lieutenant governor are to be elected at the next election-Therefore,

BE it enacted by the people of the state of New-York, represented in senate and assembly, That at the next anniversary election, on the last Tuesday of April next, a governor and lieutenant governor shall be chosen in the manner and according to the provisions of the act, entitled "an act for regulating elections," and the votes given at such election shall be canvassed and estimated, calculated and ascertained, agreeably to the directions of the said act; and the clerk of the senate shall immediately give notice of such election, in the manper prescribed in and by the third section of the said act; and the

uspectors of election in the several towns and wards of this state, shall give notice of such election in the manner prescribed in the fourth section of the said act.

CHAP. LXXV.

AN ACT authorising the mayor, aldermen and commonally of the city of New-York to take possession of certain lands.

Passed March 14, 1817.

WHEREAS the mayor, aldermen and commonalty of the city of New-York, have represented to the legislature, that the conven ience of the said city requires that they should become possessed, in Preamble fee simple, of the lands, tenements and hereditaments, in the second ward of the city of New-York, bounded southwesterly by Fultonstreet, lately called Beekman's slip, northwesterly by Front-street, Dortheasterly by Crane-wharf, and southeasterly by a line running northeasterly, in the direction of the northwesterly side of Southstreet: And also of the wharves and peers fronting the southeasterly side of the above described premises, and contiguous to South-street, together with the right and title to all and all manner of wharfage, cranage, benefits and advantages, growing and arising, or which may accrue by, or from, the same, or by or from that part of Southstreet, which lies fronting the said first described premises-Therefore,

appointeds

1. BE it enacted by the People of the state of New-York, represented in Senate and Assembly, That it shall be lawful for the may- Commission or, aldermen and commonalty of the city of New-York, whenever ers of estithey shall judge proper, to cause application to be made to the su- mate to be preme court of judicature of this state, or to either of the justices thereof, for the appointment of commissioners for the purpose of performing the duties herein after prescribed; and upon such application it shall be lawful for the said court, or justice, to whom such application shall be made, to nominate and appoint three discreet and disinterested persons, being citizens of the said city, commissioners of estimate, for the purpose of performing the duties herein after prescribed; which said commissioners, before they enter upon the du ties of their appointment, shall severally take and subscribe an oath Oathe or affirmation, before some person authorised to administer oaths, faithfully to perform the trust and duties required of them by this act; which oath or affirmation shall be filed in the clerk's office of the city of New York; and it shall be the duty of the said commissioners, as soon as conveniently may be after their appointment, to Duty. make a just and true estimate of the loss and damage to the respective owners, lessees, parties and persons, respectively, entitled unto, or interested in, the said lands, tenements, hereditaments and premises, or in the appurtenances, privileges or advantages, to the same belonging or in any wise appertaining, by and in consequence of relinquishing the same to the said mayor, aldermen and commonalty of the city of New-York, and to report thereon to the said supreme sourt of judicature without unnecessary delay; and in the said report

the commissioners, who shall make the same, shall set forth the names of the respective owners, lessees, parties and persons entitled unto, or interested in, the lands, tenements, hereditaments and premises, before mentioned, or in the appurtenances, privileges or advantages to the same belonging or in any wise appertaining, and each and every part and parcel thereof, as far forth as the same shall be ascertained by them; and an apt and sufficient designation or description of the said lots or parcels of land, teuements, hereditaments and premises, or in the appurtenances, privileges or advantages to the same belonging or in any wise appertaining; but in each and every case and cases where the owners and parties interested, 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 and paid to the owners and proprietors, generally, of such lands, tenements, hereditaments and premises, or in the appurtenances, privileges and advantages to the same belonging or in any wise appertaining, for the loss and damage to such owners, proprietors and parties, interested in respect to the whole estate and interest of whomsoever may be entitled unto, or interested in, the said lands, tenements, hereditaments and premises respectively, or in the appurte nances, privileges or advantages to the same belonging or in any wise appertaining, by and in consequence of relinquishing the same to the said mayor, aldermen and commonalty of the city of NewYork, without specifying the names or the estates, or interests, of such owners, proprietors and parties interested, or of any or either of them; and upon the coming in of the said report, signed by the said commissioners, or any two of them, 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, to reconsider the subject matter thereof; and the said commissioners, to whom the said report shall be so referred, shall return the said 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, being so returned, shall bé confirmed or again referred to 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 confirmed by the said court, shall be final and conclusive, as well upon the said mayor, aldermen and commonalty of the city of New-York, as upon the own ers, lessees, and persons and parties interested in, and entitled unto, the lands, tenements, hereditaments and premises, before mentioned, or in the appurtenances, privileges or advantages, to the same belonging or in any wise appertaining, and also upon all other persons whomsoever; and on such final confirmation of such report, by the said court, the mayor, aldermen, and commonalty of the city of NewYork, shall become and be seized, in fee simple, absolute, of all the said lands, tenements, hereditaments and premises before mentioned, and of the appurtenances, privileges and advantages to the same belonging or in any wise appertaining; and thereupon the said mayor, aldermen and commonalty, or any person or persons acting under

their authority, may immediately, or at any time or times thereafter, take possession of so much of the same as is now covered with water, and of the residue thereof at any time after the first day of May, in the year eighteen hundred and eighteen: Provided, the said report shall be then confirmed; and if it shall not be then confirmed, then as soon thereafter as the same shall be confirmed as aforesaid, or any part or parts thereof, without any suit or proceeding at law for that purpose.

ken.

II. And be it further enacted, That in all cases where any lot or parcel of land, tenements, hereditaments or other premises, or the Lease land appurtenances, privileges or advantages to the same belonging or in how to be any wise appertaining, under lease or other contract, shall be taken by virtue of this act, all the covenants, agreements, contracts and engagements, between landlord and tenant, or any other contracting parties, touching the same, or any part thereof, shall, upon the confirmation of such report in the premises, as shall be confirmed by the court aforesaid, respectively cease and determine, and be absolutely discharged.

mate to be

filed.

III. And be it further enacted, That the said commissioners of estimate, to be appointed under and by virtue of this act, after completing their said estimate, and at least twenty-four days before they Copy of esti. make their report to the said court, shall deposit a true copy or transcript of such estimate in the clerk's office of the city of New-York, for the inspection of whomsoever it may concern, and shall give notice, by advertisements, to be published in at least two of the public newspapers printed in the said city of New-York, 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 and persons, whose rights may be affected thereby, and who shall object to the same, or any part thereof, may, within twenty 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 estimate, in case any objections shall be made to the same, and stated in writing as aforesaid, shall reconsider their said estimate, 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.

when to be

IV. And be it further enacted, That the said mayor, aldermen Possession and commonalty shall, within four months after they shall take pos- taken. session of the before mentioned lands, tenements, hereditaments and premises, and on or before the first day of September, eighteen hundred and eighteen, provided the said report shall be then confirmed, and if the same shall not be then confirmed, then within four months after it shall be confirmed by the court, pay to the respective persons and parties mentioned or referred to in the said report, in whose favor any sum or sums of money shall be estimated and reported by the said commissioners, the respective sum or sums so estimated and reported in their favor respectively; and in case of neglect or default in the payment of the same, within the time aforesaid, the res pective person or persons, or party or parties, in whose favor the same shall be so reported, his, her or their executors, administrators or successors, at any time or times after application first made by him,

Proviso:

Proviso.

her or them, to the said mayor, aldermen and commonalty, in com mon council convened, for payment thereof, may sue for and recov er the same, with lawful interest from and after the said application therefor, and the costs of suit, in proper form of action, against the said mayor, aldermen and commonalty, in any court having cogniz ance thereof, and in which it shall be sufficient to declare generally, for so much money due to the plaintiff or plaintiffs therein, by virtue of this act, for premises taken by virtue thereof; and it shall be lawful for the plaintiff 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 and plaintiffs, to the sum or sums demanded, shall be conclusive evidence in such suit or action: Provided, and be it further enacted, That whenever the owners and proprietors of any such lands, tenements, hereditaments and premises, to be taken by virtue of this act, or of the appurtenances, privileges or advantages to the same belonging or in any wise appertaining, or the party or parties, person or persons, interested therein, or any or either of them, the said owners, proprietors, parties or persons, in whose favor any such sum or sums, or compensation, shall be so reported, shall be under the age of twenty-one years, non compos mentis, feme covert, or absent from the city of New-York; and also in all cases where the name or names of the owner or owners, party or persons, entitled unto, or interested in, any lands, tenements, hereditaments or premises, that may be so taken, or the appurtenances, privileges and advantages to the same belonging or in any wise appertaining, shall not be set forth or mentioned in the said report; or where the said owners, parties or persons respectively, being named therein, cannot, upon diligent enquiry, be found, it shall be lawful for the said mayor, aldermen and commonalty to pay the sum or sums mentioned in the said report, payable, or that would be coming, to such owners, proprietors, parties or persons, respectively, into the said supreme court of judicature, to be secured, disposed of and improved as the said court shall direct; and such payment shall be as valid and effectual, in all respects, as if made to the 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 provided also, That in all and each and every case and cases, where any such sum or sums, or compensation, so to be reported by the said commissioners, in favor of any person or persons or party or parties whatsoever, whether named or not named in the said report, shall be paid to any person or persons, or party or parties, whomsoever, when the same shall of right belong, and ought to have been paid, to some other person or persons, or party or parties, it shall be lawful for the said person or persons, or party or parties, to whom the same ought to have been paid, to sue for and recover the same, with lawful interest and costs of suit, from the person or persons, party or parties, to whom the same shall have been paid, as so much money had and received, to the use of the said plaintiff or plaintiff, by the person or persons, party or parties, respectively, to whom the same shall have been so paid.

Tacancies to V. And be it further enacted, That in case of the death, resig nation or refusal to act, of the commissioners of estimate to be ap

be filled.

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