lecting any tax, that may have been ordered to be raised, collect and pay the same to the treasurer; and that all monies which may at any time be in the hands of the treasurer, shall be liable to be drawn out by the trustees, or the major part of them, and applied and disposed of, as shall have been directed by the freeholders and inhabitants of said village.

counts of

XI. And be it further enacted, That the said trustees shall keep Trustees to a just and accurate account of their necessary expenses and dis- keep acbursements, and on exhibiting the same to the treasurer, shall be disburse entitled to receive the amount thereof out of any monies in the ments, &e treasury, and that the treasurer, clerk, collector, and assessors shall be paid for their several services, such suitable compensation as the said trustees or a majority of them, by a bye-law of the said corporation, shall provide.

not to pur

XII. And be it further enacted, That it shall not be lawful Corporation for the said corporation to purchase or hold any real estate what- chase certai soever, not lying or being within the limits of the said corporation.

real estate.

trustee and

surer.

XIII. And be it further enacted, That the trustees to be elect- Duration of ed by virtue of this act, shall hold their respective offices until the office of the first Tuesday of June next following, after their election of oath of treas trustees, as aforesaid, and until a new election for trustees of said village shall be made pursuant to this act, and until the trustees so last chosen, shall take and subscribe the oath or affirmation of the office of trustee.

as to bread

XIV. And be it further enacted, That it shall and may be Regulations lawful for the trustees of said village, or the major part of them, &c. from time to time, to make ordinances to regulute the assize and quality of bread to be baked, offered, or exposed for sale by any baker or other person within the said village, and to inflict reasonable penalties upon all offenders against the said ordinances.

[Note. Add this village to the number of incorporated villages, vide V. N. & W. vol. 2. 557, 558.-This village was part of the town of Watertown in the county of Jefferson.]

CHAP. CCII.

An ACT to authorise the Comptroller to redeem the mortgage therein mentioned, and for other purposes.

Passed April 15, 1814.

paid the le

Thurman,

I. BE it enacted by the people of the State of New-York, repre- Certain mos sented in Senate and Assembly, That it shall be lawful for the nies to be comptroller to pay and satisfy, out of any monies in the treasury, gal represen to the legal representatives of John Thurman, deceased, the tatives of J. principal and interest which may remain due on a certain mort- deceased. gage, executed by John Weatherhead to Thomas Wormald, and others, bearing date the second day of March, in the year one thousand seven hundred and seventy-three, and by the said mortgagees or their legal representatives, assigned and conveyed to the said John Thurman in his life-time; and in case the repre

Certain quit

set off.

sentatives of the said John Thurman shall refuse to accept suel payment, the attorney-general is hereby directed to institute such proceedings against them as he shall deem proper for the redemption of the mortgage.

II. And be it further enacted, That it shall be lawful to set off rents to be the amount of the quit rents, which may be due and owing from the estate of the said John Thurman to the people of this state, against so much of the principal and interest due and owing upon the said mortgage, either on an amicable settlement by the comptroller with the legal representatives of the said John Thurman, or in any suit which the attorney-general may institute for the redemption of the said mortgage.

Certain mo

and mort

gages to be on what ac

remitted and

Count.

III. And be it further enacted, That it shall be lawful for the nies on bonds comptroller to remit to the persons who have purchased, or hold any part of the mortgaged premises, under a title derived from the people of this state, in consequence of the attainder of the said John Weatherhead, so much of the money due and owing upon the bonds and mortgages, given for the securing the purchase money, with interest, as he shall deem equitable on account of the rent and costs, which may have been recovered against them; or to which they may have been subjected, in consequence of suits or actions brought either by the said John Thurman in his life-time, or by his legal representatives since his death.

Residue how payable.

IV. And be it further enacted, That the residue of the money due to the people of this state, from the persons aforesaid, shall be divided into four equal installments, the first to become due on the first day of January next, with interest at the rate of six per cent per aunum.

Note.-John Weatherhead was attainted of adhering to the enemy by an act of Oct. 22d, 1779, sess. 3. ch. 25, vide Gr. vol. 1. 26, and thereby his estate became forfeited to this state.]

Recital.

СНАР. ССІІІ.

An ACT authorising the administrators of Thomas Bell, deceased, to convey the lands therein mentioned.

Passed April 15, 1814.

WHEREAS Mary Bell, widow and administratrix, and Philip L. Herder, administrator of Thomas Bell, late of the town of Herkimer, in the county of Herkimer, deceased, and George I. Hills of the same place, have by their joint petition presented to the legislature, set forth, that the said Thomas Bell, deceased, during his life-time, in and by a certain bond or writing, obliga tory, bearing date the fourth day of August, one thousand eight hundred and twelve, did under his hand and seal bind himself, his heirs, executors and administrators, jointly and severally to the said George I. Hills, his certain attorney, executors, administrators and assigns, in the penal sum of three hundred and sixty dollars, which said bond or writing, obligatory, was conditioned as follows: That whereas the said Thomas Bell (now deceased) had

On that day agreed to sell, convey and assure to the said George I Hills, all that certain piece or parcel of land situate, lying, and being in the town and county of Herkimer, on the west side of the west Canada creek; being a certain lot of woodland, containing by estimation, from twelve to twenty acres of land, bounded on the north by Bayard's patent, so called, belonging to the heirs. of the Widow Lawrence; on the east by John Hill's land; on the south by George L. Herder's land, being part of the same lot; and on the west by George L. Herder's land; and, that in consideration of the said agreement, the said George I. Hills did, on on that day, pay to the said Thomas Bell, deceased, the sum of two hundred dollars, the receipt whereof was in and by the condition of the said bond acknowledged: And further, That the said land should, as soon as might be, be surveyed, and that the said George I. Hills should pay to the said Thomas Bell for the same, at and after the rate of twelve dollars for each and every acre thereof, and did further in and by the condition to the said bond, as aforesaid, agree, for himself, his heirs, executors, and administrators, to make, execute and deliver, to the said George, his heirs, or assigns, a good and sufficient warranty deed of the premises aforesaid, on or before the first day of September, then next, and that if the said land after being surveyed and measured, as aforesaid, should at the rate per acre, as aforesaid, exceed the sum of two hundred dollars, received by the said Thomas, as aforesaid, that then the said George I. should pay to the said Thomas the amount of the said excess: That the said land on being surveyed and measured, as aforesaid, did not at the rate per acre, as aforesaid, amount to the said sum of two hundred dollars; and, that the said Thomas Bell died without lawful issue, and that they are desirous, that the condition of the said bond should be fulfilled, and that the agreements therein contained should be carried into effect: Wherefore,

Bell to cons

Hills certain

BE it enacted by the People of the state of New-York, repre- Administræ, sented in Senate and Assembly, That it shall and may be lawful tors of 'T. for the said Mary Bell, administratrix, and Philip L. Herder, ad- vey to G. ministrator of the said Thomas Bell, deceased, to grant, convey land and assure by deed of warranty to the said George I. Hills, his heirs and assigns, the said premises above described according to the true intent and meaning, tenor and effect of the condition of the bond or writing obligatory, aforesaid, at any time before the first day of September next, and that the said deed so as aforesaid to be made and delivered to the said George I. Hills shall have the same force and effect as though the same had been made, ex- Effect of ecuted and delivered to the said George I. Hills by the said Tho- conveyance. mas Bell and Mary his wife, on the first day of September, one thousand eight hundred and twelve: Provided always, That such Proviso. conveyance shall not conclude the heirs of the said Thomas Bell, deceased, unless the chancellor of this state shall endorse on the same, a certificate that he is satisfied with the form of such conveyance, and that the same so made was necessary to fulfil LAWS S. 37.

34

an existing and valid contract, entered into by the said Thomes Bell in his life-time.

[Note. This act requires no remark.]

Supervisors of Sullivan to examine

certam assessments

the same.

CHAP. CCIV.

An ACT concerning the valuation of real property in the county of Sullivan, and for other purposes; and to amend the act for the assessment and collection of taxes.

66

Passed April 15, 1814.

I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for, and it is hereby made the duty of the board of supervisors of the counand correct ty of Sullivan, at their next annual meeting, to examine the assessment rolls of the several towns in said county, made pursuant to the act, entitled an act for the assessment and collection of taxes," passed April 5th 1813, and to make such alterations in the valuations of real estates in the said county, as to produce, as nearly as possible, a just relation between all the valuations of real estates in the said county ; and such valuations, when so revised and altered by the said board of supervisors, shall not thereafter be varied, but shall be considered as the true valuations of real estates in the several towns in the said county, except where the value of any shall be increased by the erection of houses, or by any other improvements, or where the value of any may be decreased by the destruction of any erections.

1500 dollarsTM

so be raised completing

by tax for

Court house and gaol.

Comptrol

taxes.

II. And be it further enacted, That it shall be lawful for the said board of supervisors, and they are hereby authorised and empow ered to levy and raise by tax, on the freeholders and inhabitants of the said county of Sullivan, a sum not exceeding one thousand five hundred dollars, together with treasurer's and collector's fees, in addition to the sum already allowed to be raised, for the purpose of completing the court-house and gaol of said county; which sum so to be raised and levied, shall be paid over by the treasurer to such persons, and accounted for, in such manner, az the said board of supervisors shall order and direct.

III. And be it further enacted, That it shall be lawful for the ler's duty in comptroller of this state to transmit the printed lists or statetransmitting Fists of lands ments of lands to be sold for arrears of taxes to the several county to be sold for treasurers in this state, whenever and as often as the lands shall be liable to be sold, and the lists or statements be prepared; and the county treasurers, respectively, shall within one week after receiving such printed lists or statements, transmit those intended for the town clerk's offices to the town clerks of the several towns in their respective counties, and the expenses which may be incurred by the county treasurers in the transmission of the lists, as aforesaid, shall be audited and allowed by the boards of supervisors of the counties, respectively.

IV. And be it further enacted, That the proof of the publication Proof of publication of the notice for the sale of lands for arrears of taxes, may be of notice, made before any officer in this state, authorised to administer oaths, and the proofs already made of the publication of former notices, although not made before the mayor or recorder of any city, or before any judge or justice of the peace in this state, if made before any other officer in this state, authorised to administer oaths, shall be deemed sufficient proof of the publication.

ascertain

V. And be it further enacted, That when any person applies at Person ap the comptroller's office, to ascertain the amount of taxes due on plying to any lands, the person so applying, shall, if the comptroller require taxes, to give it, furnish a list and specification of such lands.

a list of lands, &c.

rears of taxes

VI. And be it further enacted, That such of the returns of ar- Certain re rears of taxes, for the year one thousand eight hundred and thir- turns of arteen, made to the comptroller's office, as have been certified by declared va.. the county treasurers, to be true transcripts from the original assessment rolls, although not sworn to be such by the collectors, shall be deemed valid.

lid.

County trea

VII. And be it further enacted, That hereafter it shall be the Duty of duty of the county treasurers, respectively, to compare the re- surers, &c. turns of the arrears of taxes due on the lands of non-residents, made to them by the collectors, with the entries of such arrears of taxes in the original assessment rolls, and if necessary, to correct the same, and when so corrected, to certify the same to be true transcripts from the said assessment rolls; and, that it shall no longer be the duty of the collectors to compare their said returns with the entries thereof in the assessment rolls, except in the absence of the county treasurer, when it shall be their duty to compare them, and make oath thereto, before any justice of the peace of the county.

A certain

section re pealed as to

VIII. And be it further enacted, That the third section of the act, entitled " an act for the assessment and collection of taxes," passed the 5th day of April, 1813, be, and the same hereby is re- Suffolk. pealed, so far as it respects the county of Suffolk.

[Note.-The act for the assessment and collection of taxes is in V. N. & W. vol. 2. 509.-The present act makes various improvements in the former one, and the third section, page 510, is, as to Suffolk county repealed.]

CHAP. CCV.

An ACT for the relief of the heirs and representatives of Abraham Van Vleck, deceased,

Passed April 15, 1814.

WHEREAS Hilitye Van Vleck, widow of Abraham Van Recital Vleck, Barent Van Vleck, Henry Van Vleck, and Lucas I. Van Alen, administrators of the estate of the said Abraham Van Vleck, deceased, have represented to the legislature, that the said Abraham Van Vleck died seised of real estate, situate in the town of Kinderhook, in the county of Columbia, and of a small