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will be con clusive be tween the
On such con
proprietors and parties interested, in respect to the whole cstale and interest of whomsover may be entitled unto, or interested in the said lands, tenements, hereditaments and premiscs respectively, by and in consequence of relinquishing the same to the said mayor, aldermen and commonaliy of the city of New York, without specifying the namce, or the estates or interests of such owners, proprietors and par
tics interested, or of any or either of them; and upon the comiog in make such of the said report, sigued by the said commissioners, or any two of order as they thomithio deem proper. oper? them, the said court shall, by rule or order, after hcaring any matter
; which may be alledged against the saine, either confirm the said report, or refer the same to the same commissioners, for revisal and correction, or to pew commissirpers to be appointed by the said court, to reconsider the subject matter thereof; and the said commissiopers, 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 ; Wther to re. and the same on being so returned shall be confirmed, or again refer, confirm. ferred by the said court, in manuer aforesaid, as right and justice the report. shall require; and so from time to time until a report shall be made
or rcturned in the premises, which the said court shall confirm; and confirmed such report when so confirmed by the said court, shall be final and
· conclusive, as well upou the said mayor, aldermen and commopalty
of the city of New York, as upon the owners, lessees and persons parties.
and parties interested in and entitled upto the lands, tenements, here
ditaments and premises mentioned in the said report, and also upou all drmation, the outer persons "I
the other persons whomsoever: And on such final confirmation of such corporation report, by the said court, the mayor, aldermen and commonalty of to be come abon solutely seis the city of New York, shall become and be seised, iu fee simple abed in fee. solute, of all the said lapds, tenements, hereditaments and premises, in
the said report mentioned ; and thereupon the said mayor, aldermen
and commonally, or any person or persons acting under their authorAnd may
sity, may immediately, or at any time or times thereafter, take possion of the session of the same, or any part or parts thereof, without any suit or
proceeding at law for that purpose.
IJ. And be it further enacted, That in all cases where any lot or parcel of land, or other premises, under lease or other contract, shall
be taken by virtue of this act, all the covenants, agreements, coumenis tracts and engagements between landlord and tenant, or any other landlord and contracting parties, touching the same, or any part thereof, shall, up. other con on the confirniation of such report in the premises, as shall be conon conferense firmed by the court aforesaid, respectively cease and determine, and tion of the re- be absolutely discharged. port
III. And be it further enacted, That the said commissioners of Commission. estimate, to be appointed under and by virtue of this act, after comers to depo
power pleting their said estimate, and at least twenty-four days before they the estimate make their report to the said court, shall deposit a true copy or tran. Omee et***script of such estimate in the clerk's office of the city of New York, New-York. for the inspection of whomsoever it may concern, and shall give no
tice by advertisements, to be published in at least two of the public of said depo- newspapers prioted in the said city of New York, of the said deposit day on which thereof in the said office, and of the day on which their report will with the port be presented to the said court; and any person and persons, whose sented. *""rights may be affected thereby, and who shall object to the same, or
sit a copy of
Notice in 2 newspaper
sit and the
will be pre
avy part tliereof, may, within twenty days after the first publication of the said nolice, state his, her or their objections to the same, in polections to writing, to the said commissioners; and the said commissioners, or the commissuch of them as shall make such estimate, iu case any objections shall "Onces. be made to the same, and stated io writing as aforesaid, shall reconsider their said estimate, or the parts or part thereof so objected to; and Authorised to
correet whea in case the same shall appear to them to require correction, but not
returned. otherwise, they shall and may correct the same accordingly.
IV. And be it further enacted, That the said mayor, aldermen and commonalty, shall within one calendar month after the confirma- Corporation tion of the report of the commissioners, in the premises, by the court, to pay with
in one month pay to the respective persous and parties mentioned or referred to iu the said report, in whose favor any sum or sums of money shall be estimated and reported by the said commissioners, the respective sum The eum ro or sums so estimated and reported in their favor respectively; and portêd. in case of neglect or default in the payment of the same, within the time aforesaid, the respective person or persons, or party or parties, in whose favor thic same shall be so reported, his, ber or their executors, administrators or successors, at any time or times after appli. cation first made by him, lier or them, to the said mayor, aldermen and commonalty, in commou council coovened, for payment thereof, may sue for and recover the same, with lawful interest, from and af. If not paid ter the said application therefor, and the costs of suit, io proper forin para o sued. of actiou, against the said mayor, aldermen and commovalty, in any court having cognizance thereof, and in which it shall be sufficieot 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 plaiutiffs, to give any
Any special special matter in evidence, under such gederal declaration; and this matter in er. act, and the report of the said commissiovers, with proof of the right idence. and title of the plaintiff and plaiqtiffs, to the sum or sums demanded, shall be conclusive evidence in such suit or action.
V. Provided, and be it further enacted, That whenever the owners and proprietors of any such lands, tepemeuts, hereditaments and premises, to be taken by virtue of this act, or the party or parties, persop or persons interested therein, or any or either of them the said, owners, proprietors, parties or persons in whose favor any such sum er sums, or compensation shall be so reported, shall be under the age of twenty-one years, non compos mentis, feme covert, or absent from ownershire the city of New-York; and also in all cases where the vame or bility, names of the owner or owners, party or persons entitled unto, or in potem ne terested in any lands, tenements, hereditaments or prcmises, that may found, be so taken, shall not be set forth or mentioned in the said report, or where the said owners, parties or persons, respectively, being named therein, capnot, upon diligent iuquiry, be found, it shall be lawful for the amount the said mayor, aldermed and commonally, to pay the sun or sums awarded mentioned in the said report, payable or that would be coming to To be paid such owners, proprietors, parties and persons respectively, into the said preme court
by the com supreme court of judicature, to be secured, disposed of and improv. die ed as the said court shall direct; and such payment shall be as valid which shall and effectual, in all respects, as if made to the said owners, proprie- be va tors, parties and persons respectively themselves, according to their just rights, if they had been kuowd, and had all been present, of full
into the su
On report persons aus thorised to sue.
court to ap
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 compensatio: so 'o be reported by the said commissioners, in favor of any ) “
Со on possons, and party or parties whatsoever, whether naria divot named in the said report, shall be paid to any person or persons, or party or parties whomsoever, when the same shall of rig,n 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 person or marty or parties, to whom the same ought to have been pline to 10 for and recover the same, with lawful interest and costs
of thi. from the person or persons, party or parties to whom the Money had same shall have been paid, as so much money had and received to the and received use of 'he said plaintiff or plaintiffs, by the person or persons, party
or parties respectively, to whom the same shall have been so paid. In case of Vi. And be it further enacted, Thiat in case of the death, resignadeath, &c. of the commis. tion or refusal to act of any such conniissioners of estinate io be apzioners,
pointed under and by virtue of this act, it shall and may be lawful for the court aforesaid, or any one of the justices thereof, on the ap.
plication of the mayor, aldermen and commonalty of the city of Supreme New-York, as often as such event shall happen, to appoint a discreet point anoid and disinterested person, being a citizen of the said city of New York,
in the place and stead of such commissioner so dying, resigning or refusing to act; and that the surviving or acting commissioners, as the case may be, shall have full power to proceed in the execution of the duties of their appointment, until a successor of the commissioner so dying, resigning or refusing to act, shall be appointed.
VII. And be it further enacted, That in all and every case of
the appointment of commissioners under this act, it shall be compeTwo of the tent and lawful for any two of such said commissioners, so to be apcommission pointed to proceed to and execute and perform the trust and duties board. of their said appointment, and their acts shall be as valid and effect,
ual as the acts of all the commissioners so to be appointed, if they had The decision acted therein, would have been; And further, That in all cases the of the major acts, proceedings and decisions of a major part of such of the compart valid.
missioners as shall be acting in the premises, shall be as bioding, va. lid and effectual, as if the said commissioners pamed and appointed for such purpose, had all concurred and joined thereis.
VIII. And be it further enacted, That the commissioners to be appointed under and by virtue of this act, who shall enter upon the
duties of their appointment, shall each be entitled to receive the sum Not more of not more than four dollars, besides all reasonable expenses, for than 4 dollars per day akmaps, surveys, clerk hire, and other necessary expenses and dislowed. bursements, for each day they shall respectively be actually em
ployed in the duties of their appointment, and the same shall be paid by the mayor, aldermen and commopalty of the city of NewYork.
ers to form a
Passed March 29, 1818. BE it enacted by the people of the Siate. of New York, repre. sented in Senate and Assembly, That the treasurer, on the warraut of the comptroller, shall pay to Olive Bigelow such sum as shall appear to bim to he justly due from this state for the services of her late hushand, John Bigelow, deceased, for repairing arms and other smith work, done for the people of this state, at Ogdensburgh, in the late var.
Passed March 29, 1816. WHEREAS John Smith, aŭ illegitimate son of Amy Carpenter, aod late of the county of Chautanque. in this state, died iolestate, without issue, leaving personal estate more than sufficient to pay his , debts. And whereas Levi Beardsley adopted the said John Smith, Pr and was at the expense of supporting and educatiog him from early infancy: Therefore,
Be it enacted by the people of the State of New-York, représ sonted in Senate and Assembly, That all the right, tile and interest of the people of this state in and to the residue of the personal estate Thcestateof whereof the said Joho Smith was possessed, or to which he was in any John Smith nanner eutilled at the time of his death, after payment of all his just viBeardsle
Yvested in Lé, debts, be, and the same is hereby granted to, aud vested in the afore. said Levi Beardsley, bis executors, admiuistrators and assigns.
AN ACT further supplemental to an act, entitled “ an act for the relirf of Thomas 6. Clarke.
Passed March 29, 1816. · BE it cnucted by the people of the State of Nen-York, repres' sented in Senate and Assembly, Thai lhe said Thomas B. Clarke F. B.cfaris be, and he is hereby authorised, under the order heretofore granted to sell as by the chancellor, or under any subsequent order, either to mortgage trustee of or to sell the premises which the chancellor has permitted; or here- Clarke
SMary after may permit him to sell, as trustee under the will of Mary Clarke, and to apply the money, sợ raised by mortgage or sale, to the purposes required or to be required by the chancellor, under the acis herctofore passed for the relief of the said Thomas B. Clarke.
Preamble. town of Watertown, and county of Jefferson, comprised in the follor.
ing bounds, that is to say : Beginning at the middle of Black river, six rods west of the bridge, from thence south twenty-nice degrees west, twenty-six chains, to the south side of the arsenal road, leading to Sacket's Harbor; thence south thirty-six degrees east, foriy-two chains, fifty links, to the Huntington road; thence north seveuty-two degrees east, bine chains, fifty links, to the Woodruff road; thence north forty-seveu degrees east, forty-eight chains, fifty lioks, to the Black river; thence down the middle of said river to the place of begioning; shall hereafter be knowo 'apd distioguished by the vame
of the “Village of Watertowo.”
.: II. And be it further enacted, That the freeholders and inhabitants Notice to be qualified to vote at the town meetings, who may reside within the given on the aforesaid limits, may op ihe first Monday in May next, meet at some ist Monday or in May for prope
aday proper place therein, to be appointed and notified to the inhabitauts the election by any justice within the said village, at least one week previous to of trustees the said Monday of May, and then and there proceed to elect Such notice five freeholders, resident within said village, to be truitees thereof; to be given by a justice. wlio when chosen shall possess the several powers and rights hercia such justice after specified. And such justice shall preside at such meeting, and to preside. declare the several persoo. having a majority of votes as duly chosen
trustees. Aud on every first Mouday of May after the first election of trustees, there shall is like manner be a new election of trustees for the said village; and the trustees for the time being shall perform the several duties required from the said justice, iu respect of notifying the meeting of the freeholders and inhabitants of the village, and presiding at such eléction.
III. And be it further enacted, That all the freeholders and inhabitants residing within the aforesaid limits be, and they are hereby
ordained, constituted and declared to be, from time to time, and forDeclared to be a body
to ever hereafter,' a body politic and corporate, in fact and in game, Corporate.
by the name of the Trustees of the village of Watertown; and by that Dame they and their successors shall and may have perpetual successiou, and be persons in law capable of suing aud being sued, pleading and being impleaded, answering and being answered unto, defeuding and being defended, in all courts and places whatsoever, id all mamer of actions, complaints aod causes whatsoever; and that they and their successors, may have a 'coming seal, and may change and
alter the same at pleasure, and shall be capable in law of purchasing, Empowered holding and copyeying any estate, real or personal, for the public to make im- use of the said village ; and of erecting fire engine'houses, of raising
ts; money by tax for the purchase of fire engines, and for erecting fire fire engines, engine houses, for supplying the village with water, and for making
Three as- aby public improvements, or necessary repairs; which money so to sessors to be be raised, shall be assessed upon the frecholders and inhabitants of appointed, who shall be
be the said village, according to law, by not less than three, nor more freeholders. than five judicious assessors, who shall be freeholders in the said Taxes to be village, and shall be chosen by the freeholders and inhabitants of the collected in said village, qualified to vote at town meetings, at their annual meetthe same
eings, and collected by the collector of the corporation, in like manner manner as " taxes in oth- as the taxes of towns and counties are collected, by virtue of a er towns are warrant to him directed by a majority of the trustees. Provided collected. nevertheless, that go tases shall be levied, or mories raised, asscssed,