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the taxes for the same purpose have been heretofore assessed, levied, collected and paid over, pursuant to the acts in such case provided.

CHAP. HC.

AN ACT for the sale of certain unappropriated lands, in the coun

ty of Otsego.

Passed April 12, 1816. kapds how I. BE it enacted by the people of the State of New-York, repre, to be sold. sented in Senate and Assembly, That the surveyor general be and

he is hereby directed to sell the unappropriated lands in the towns of Westford, Maryland and Milford, in the county of Otsego, in the manner directed for the sales of lands belonging to the people of this state, by the act, entitled “ an act concerning the commissioners of the land office, and the sale of unappropriated lands,” passed the sixth day of April, one thousand eight hundred aut thirteen; and that the occupanis of said lauds shall, until the expiration of one year from the passing of this act, be entitled to the like privileges as were granted to Thomas Hinckley and others, by the twenty-fourth

section of the act. Proceeds II. And be it further enacted, That the treasurer shall, on the how to he, warrant of the comptroller, pay over one half of the movies that shall disposed of.

accrue from such sales, to such academy or academies, as the regents of the university shall direct, and the other half thereof shall be credited to the common school fund.

IIJ. And be it further enacted, That the act, entitled “ au act di, Tepealed recting the sale of certain lands for the benefit of academies," passed

April (welfth, one thousand eight hundred and thirteen, and the act to amend the same, passed April first, one thousand eight hundred and fourteen, be and the same are hereby repealed.

Certain acts

CHAP. XCI.

AN ACT for the relief of Parmenio Adams.

Passed April 12, 1816. WHEREAS Parmenio Adams, late paymaster of the New-York volunteers, under the command of general Peter B. Porter, represents, by his petition to this legislature, that at the expiration of the term of service of the said corps, he had not funds to pay them; and that to make them an advance in cash to enable them to return to their respective homes, he borrowed on his own and others responsibilities, three thousand dollars, sufficient for that purpose, and that before he received any funds from the government to repay the same; he became accountable to pay one huodred and fifty-ove dollars and

! fifty cents interest on the said sum, for which he prays relief : Therefore,

BE it enacted by the people of the State of New-York, repre. sented in Senate and Assembly, That the treasurer shall, on the warrant of the comptroller, pay unto Parmenio Adams, late paymas

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ter of the New-York volunteers, the sum of one hundred and fifty. one dollars and filty cents, for the above purpose.

CHAP. XCII.
AN ACT for the relief of Thomas Nixon.

Passed April 12, 1816. I. BE it enacted by the people of the State of Nen-York, repre. sented in Sinnie and Assembly, That the treasurer pay, on the warrant of the comptroller, unto Thomas Nixon, the sum of two huudred and forty-four dol'ars and twenty-five cents, paid by him for arrears of county and town taxes, interest and charges, on two thousand eight hundred and twenty-nine acres of laod, in the porth-east coruer of township number five, in Toiten and Crossfield's purchase, and for an assessment or tax laid thereon for opening and making a road from Albany to the river St. Lawrence, as belonging to him, the same having been paid by mistake.

II. And be il further enacted, That the comptroller shall be and is hereby authorised and directed to sell in the city of Albany, whenever he shall first sell other lands for the non-payment of taxes, the said two thousand eight hundred and twenty-nine acres of land, in the said north-east coruer of township pumber five, in Totteo and Crossfield's purchase, or so much thereof as may be necessary to raise the said sum of two hundied and forty-four dollars and twentyfive cents, together with the expense of advertising, selliog and conveying the same ; and that he shall give the like police for the sale of said lands, as for the sale of lands charged with arrearages of taxes, under the act for the assessment and collection of taxes; and that the sale shall in all respects be on the same conditions and reservations, and with the same effect, as sales made pursuant to the said act for the assessment and collection of taxes.

CHAP. XCIII. AN ACT relative to the Arsenal and Lot in the city and connty of

Albany.

Passed April 12, 1816. I. BE it enacted by the people of the State of New York, repre. sented in Senate and Asseinbly, That the first section of the act, entitled “ au act for the sale of the arsenal in the city and county of Albauy,” be and the same is hereby repealed.

II. And be it further enacted, That it shall and may be lawful for the commissary general, by and with the consent of the person admiuistering the government, to lease said lot, or so much thereof as has not already been leased, from time to time, for such sum as he shall deem proper, and for a term pot exceeding one year at any one time

CHAP. XCIV.

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AN ACT for draining the great marsh or swamp, on the Canasa

raga Creek, in the torens of Sullivan and Lenox, in the county of Madison, and for other purposes.

Passed April 12, 1816. Proprietors I. BE it enacted by the people of the State of New York, repre. nals or

4 sented in Senate and Assembly, That it shall and may be lawful for ditches. the proprietors of the land overflowed by the waters of the Canasara

ga creek or otherwise, on the northerly side of the Seneca turnpike road, called the Great Marsh, in the towns of Lenox and Sullivan, io the county of Madison, to drain the same by ove or more canals or ditches, to be cut and opered from the said marsh or creek, by the most direct and convenient route or course into the Opeida lake; and also, if necessary, by such lateral canals and ditches, to be cut and

opened from said marsh or swamp to the main caual or ditch aloreHow to be said ; and for that purpose, and as often afterwards as may be pecescarried into sary, to carry into effect all the objects of this law, to meet together effect.

at such time and place as shall be notified by one or more of said proprietors, by advertisement, to be inserted in both of the pewspapers printed at Utica; and when convened, by a vote of the majority, to appoint a treasurer and clerk, of the proprietors, and such other & gent or agents as they may deem pecessary to effect the object afore

said; and also to make such contracts and pass such resolutions as Proviso.

may be fit and proper for the purposes aforesaid: Provided however, That po pecuniary tax or assessment shall be imposed on any of the

proprietors, or their laods, except as is hereafler provided. Commis II. And be it further enacted, That three commissioners, not in sioners to be terested in said lands, upon the petition of the treasurer, to be apappointed.

de pointed as aforesaid, shall be appointed by the court of common Fleir duty, pleas, in and for the county of Madison, whose duty it shall be to as

sess and impose, from time to time, upon the lands of said proprietors, as soon thereafter as conveniently may be, as will in their opinion, be in any wise benefitted or made more valuable, by reason of the cutting of said capal or canals, such sum or sums of money, as they the said commissioners, or any two of them, may or shall think reasona. ble and jast (having reference to the benefit to be received by each of the said proprietors) towards defrayiog the expenses of the opera : tions aforesaid and the subsequent repairs of such canal or canals, not exceeding however two dollars per acre: And before any such commissioner shall enter upon the duties of his office, he shall take an oath before any justice of the peace, or other officer authorised to administer oaths, that he will faithsully and honestly execute the

duties commited to him by this act. Acendunts III. And be it further enacted, That it shall be the duty of said Row to be zudited, sc. commissioners, or any two of them, to audit and settle all accounts

whatever of said treasurer, and all other persons in any manner concerned in the undertaking aforesaid, and as often as may be necessa ry to make up in writing a report or list of the lands assessed by them as aforesaid, with the amount assessed on each lot or piece of Land, 20d deliver the same to the said treasurer, who shall thereupov, idio one month thereafter give notice of such assessment, in one Lands as spaner printed iu Utica, and in the paper printed by the printer Sense

er advertised this state, in the city of Albany, to be continued in said pewsapers, ooce in each week, for eight weeks successively, requiring il persoas interested io said lands to make payment to said treasurer, of the sums assessed on the lots or pieces of land in said notice nenLigned, on or before the expiration of six months after date of said wace; and in all cases of default of such payment, it shall be the tuty of said treasurer to report the same to the comptroller of

is state, who shall thereupon, without delay, give public cotice, lo He iscrted once in each week in the aforefaid news papers, for eight weeks successively, that unless the sum or sums assessed as aforesaid

10 And fold e paid to said comptroller at the city of Albany, on or before the un

unless the espiration of six months after the day of the date of said notice, so sums assess

ich of the said land or lots of land so assessed as aforesaid, as wili ed are pa bu safficient to satisfy such assessment on the same or any part Sereof, will theo and io said city be sold at public vendue to the highest bidder : Aud upon such assessment, or any part thercof, re. naining unpaid in said notice mentioned, it shall be the duty of the

opptroller to sell at auction, at the place and time aforesaid, co mnach of said land as will be sufficient to pay the tax assessed on the sime, with the expense of advertising : And on such sales being made, the comptroller is bereby authorised and required to execute to the purchaser or purchasers, deeds of conveyance for the lands so sold by hio, io fee simple, not to affect however any lien or claim the state may have on such lands: Provided, that the owner or Proviso. owners shall have the same right of redemption as is given to the ongers of lands sold for taxes by this state, and upon the same conWitions.

IV. And be it further enacted, That all the money which hall be collected by the comptroller in pursuance of this act, shall Mon

shall Monry to

'be paid over liy him be paid over to the treasurer of the proprietors : And also, by the that the comptroller, on executing a deed to any purchaser under comptroller this act, shall be entitled to two dollars, to be paid by the purchaser.

V. And be it further enacted, That in case any person shall be injured or suffer damage by occasion of the canal and drainings Damages

w to be of the said land as aforesaid, the commissioners aforesaid shall esti-bo

"estimated. oate and determine the amount of such damage, and shall thereupon ases the same upon the said proprietors, on the principal above moined, aod shall cause the same to be collected in like mapper, and paid over to the person entitled thereto.

VI. And be it further enacted, That it shall and may be lawful for said proprietors to bring and prosecute to judgment, in the name Agents or

contractors of the treasurer, any suit or demand that may accrue to them under may be and by virtue of this act, against their agents, contractors, or other prosecuted. Perous whatever.

VII. And be it further enacted, That the commissioners to be pointed in pursuance of the second section of this act be, and they mission thereby authorised and required to explore the Chittevingo creek, to explore ia t county of Madison, and ascertain the obstructions, if any, to the Cont

ingo creek. the snization of the same, and of how long duration ; and such obructura as may in their opinion, by the overflowiog of the waters

he com

thereof or otherwise, be injurious to the health of the surrounding ichabitants, and make report thereof as soon as conveniently may be, to the surveyor geveral of the state, whose duty it shall be to lay

the same before the L:gislature. A certain VIII. And be it further enacted, That the act, entitled “

an act det repealed for draining the great marsh or swamp on the Canasaraga creek, in

the town of Sullivan, in the county of Madison," passed April fourth, in the year one thousand eight hundred and sis, be and the same is hereby repealed.

CHAP. XCV.

AN ACT to incorparate and vest certain poners in the Freeholders

and Inhabitanis of the village of Brook yn, in the county of Kings.

Passed April 12, 1816. 1. Be it enacted hy the people of the Staie of New York, represented in Senate and Assembly, That the section of the town of Brooklyn, commonly known by the name of the fire-district, and contained within the following bounds, viz: Beginning at he public landing south of Pierput's distillery, formerly the property of Philip

Livingston, deceased, on the Easi river, thence running along the Boundaries public road leading from said landing, 10 iis intersectiou with Redof the vil IIook lane ; thence along said Red. Houk lave to where it jutersects lage of

the Jamaica furnpike road; thence a portil-east course to the head Brooklyn,

of the Wailebogli mill-pond; thence through the centre of said millpond to the East river, and thence down the East river to the place of brgioning; shall continue to be kuown and distinguished by the Dame of the village of Brooklyn: And the freeholders and imbabitants

qualificd to vote at town meetings, who may from time to time reside Freeholders within the aforesaisi limits, iway on the first Monday of May, one when to

thousand eight hundred and seventeen, nieet at some proper place weet,

to be appoinied and potified to the inhabitants by any justice of the

peace therein, at least one week previous to the said Monday, and to eleet 5

theo and there proceed to elcct five discreci freeholders, resident trustees.

within said village, to be trustees thereof; who, when chosen, shall

possess and exercise the several powers aud rights hereafter specifiJustice to

ed : And such justice shall preside af such mee ing, and declare the preside. several persons having a majority of votes as duly elected tsustees; To be con- and ou every first Monday of May thereafter, there shall be a new tinued on

election of trustees for the said villige; and the trustees for the time every subse. quent first being shall the perform the several duties bercin required from such Monday in justice, in respect to notifying the meeting of the freeholders and May.

inhabitants of the said village, and presiding at such anpual election.

II. And be il further enuucted, That Andrew Mercein, Jolio Trustee.. Garrison, John Doughty, John Seamen and Joho Dean, be, and they

are bereliy constituted the first trustees for the purposes contemplated by this act, and who shall hold their offices until the first Mop. day of liay, one thousand eight lundred and seventeen, or until others shall be appointed in their stead.

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