priated in the same manner as the moneys raised by this act are directed to be applied. of sums § 7. The commissioners of highways shall cause at least three- To expend fourths of the moneys raised by virtue of this act to be expended three fourths and applied in the mending and repairing the said roads and raised. bridges by the first day of July in each and every year; said commissioners shall also cause between the first day of May and the first day of November in each year all the stones that shall appear on the roads and highways on the tracks of carriages to be taken out and removed. ply. § 8. The sixteenth chapter of the first part of the revised Chap. 16. first part R. statutes, so far as the same may in anywise be applicable to either S. not to apof the said towns, and is repugnant to the provisions of this act so long as this act is in force, shall not apply to the said towns. § 9. This act shall take effect immediately. Chap. 12. AN ACT to authorise the abatement of a nuisance on lands owned by the People of the state of New-York, and other lands in the city of Syracuse. Passed January 25, 1840, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: lands how to § 1. The common council of the city of Syracuse are hereby Certain low authorised to cause to be reclaimed, by filling up or otherwise, be reclaimed. the low and marsh lands bordering on the Onondaga creek, and which have been recently exposed by the destruction of the mill dam owned by John Townsend and Augustus James, or which may hereafter be exposed, by the removal of any bar in the channel of said creek, or opening a new channel above said dam, and within the limits of the corporation of said city. Map to be § 2. Before said council shall be authorised to enter upon any made by the such land, not belonging to said city, they shall cause a map to city surveyor designat be made thereof by the city surveyor, which shall accurately ing such low designate and show the location of such low or marsh lands, and lands. the owner or owners thereof, and of each portion thereof, and the quantity and location of each part thereof belonging to a separate owner or owners, whether the same be owned by the state or individuals, or a corporation, together with his opinion as to the best mode of reclaiming said lands, and estimates and specifica- Also estitions of the expense thereof, and of each part and portion thereof mates of the belonging to such separate owner or owners, which map, report, reclaiming estimates and specifications, shall be approved by said council and said lands. the commissioners of the land office, and filed with the clerk of said city, and a copy thereof certified by the clerk, filed in the office of the state engineer and surveyor. expense of On filing inap & c., notice to be given to same. case of neg sal. to be adver tised and § 3. It shall be the duty of the common council forthwith, after the filing of said map, to report estimates and specifications, to owners of give notice to such owner or owners other than the state, or to lands to re his or their agent, of any such low or marsh land, to reclaim the claim the same by draining or filling up, as the case may be, according to the plan reported by said city surveyor, and approved of as aforeProvision in said. And in case any such owner or owners, his, her, or their lect or refu agent or agents, shall neglect or refuse to enter upon the work within the space of seven days thereafter, and prosecute the same to completion with energy and despatch, it shall and may be lawful for said council to enter upon the work and fill up and otherwise reclaim the land of the owner or owners so neglecting or refusing, and charge the expense thereof to the land so reclaimed. Land when And in case any such owner or owners shall not on personal demand, after such expense shall be ascertained pay the same, said sold for as- council may, upon proof thereof by affidavit of the person who made such demand, advertise the land of any such owner or owners so reclaimed by filling up, six weeks in the newspapers printed in the city of Syracuse, and sell the same at public auction, or so much thereof as may be necessary, to the highest bidder, subject to any previous assessments or taxes charged thereon, and apply the proceeds thereof, or so much as may be necessary for that purpose, for refunding the amount so expended in the reclaiming of said lands, together with the expense of advertising Owners may and selling the same. The owner, his heirs or assigns, may redeem such lands, from such sale, at any time within one year thereafter, by paying the purchase money, or so much thereof as shall belong to said common council, with seven per cent interest thereon; and no conveyance shall be executed for any such land, until the time of redemption shall have expired. sessments. redeem lands. Provision relative to lands belonging to the state. Provision in case of the removal of § 4. Such portion of said low or marsh lands, as is or may be owned by the people of this state, may be reclaimed by said common council according to the plan, estimates and specifications proposed by said city surveyor, and approved by said common council and commissioners of the land office as aforesaid, and the expenses thereof shall be certified by said common council, attested by the mayor and clerk and corporate seal of said city, to the comptroller of this state, whose duty it shall thereupon be to draw his warrant for such amount, not exceeding the sum of four thousand dollars, in favor of said common council on the state treasurer for the same, and it shall be the duty of the treasurer to pay the same to said common council, out of any money belonging to the general fund not otherwise appropriated. § 5. In case it shall be necessary to remove any salt vats or other fixtures, owned by the Syracuse Coarse Salt company on salt vats, &c farm lot two hundred and fifty two, in order to reclaim said lands, of the Syracuse coarse said common council are hereby authorised to remove so many of salt co. the salt vats and other fixtures as is or may be necessary for that purpose, but such authority shall not extend to the removal of any works so owned by said company, which may lie west of the west Damages how to be as paid. line of the cut or canal to be made across the neck of the peninsula of said farm lot,and the value of any such vats to said company, so removed or destroyed, shall be ascertained and determined by three commissioners to be appointed by the commissioners of the land ofce, whose duty it shall be to appoint the same; the commissioners so sessed and appointed shall assess the damages so occasioned by the removal or destruction of any such vats or other fixtures, and make return thereof under their hands to the comptroller of this state, whose duty it shall thereupon be to draw his warrant in favor of said coarse salt company on the treasurer of this state for the amount thereof, but not exceeding three thousand dollars; and it shall be the duty of the treasurer to pay the same out of any money in the treasury belonging to the general fund not otherwise appropriated. commission § 6. After said land belonging to the state shall be reclaimed Duty of as aforesaid, it shall be the duty of the commissioners of the land ers of the office to cause said land so reclaimed, and also the land from land office. which any salt vats may have been removed as aforesaid, and also any other lands on the peninsula east of the canal or cut, to be appraised, advertised and sold at public auction, and deposit the proceeds thereof with the treasurer of this state; and so much thereof as may be necessary to refund any such amount as may have been expended in reclaiming said land and removing said salt vats as aforesaid, and expenses of said sale with interest thereon, shall be applied for that purpose; and any remaining balance shall be applied under the direction of the commissioners of the land office, in the purchase of other lands whereon to erect salt works, as by law is required. be taken to § 7. The common council of said city may take so much earth Earth may as shall be necessary for filling up said low or marsh lands so fill up low exposed by the destruction of said dam, and which shall not be lands. wanted for filling up said lands belonging to the state from any part of said peninsula belonging to the state, provided that the state lands shall first be filled up and graded according to the plan and specifications to be made and approved as aforesaid; and what earth then remains only, shall be applied to filling up and grading the lands of adjacent owners, and that such peninsula shall not be reduced, by taking such earth, below ordinary high water mark, and shall be left graded with a plane and even surface. The coarse cate and use § 8. Said coarse salt company shall have the right, under the salt compadirection of the commissioners of the land office, to locate, use ny may lo and occupy an equal quantity of land with that covered by the other lands vats so removed as aforesaid on any lands belonging to the state of the state. and set apart for the manufacture of coarse salt, and not otherwise appropriated, but said company shall not have the right to locate on said lands so reclaimed or on the lands from which said salt vats may have been removed as aforesaid. Common § 9. The common council of the city of Syracuse shall have council may power, and are hereby authorized to borrow on the faith of the borrow $10,000. to and settled. city, a sum not exceeding ten thousand dollars, at an interest not Chap. 13. AN ACT For the settlement of the claims of Henry D. Boughton, against the Bank of Lyons. Passed January 26, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Claim to be § 1. The Comptroller is hereby authorized to enquire into enquired in and settle the claim of Henry D. Boughton, against the Bank of Lyons, and to pay him such sum out of the assets of the said bank, if any remain unappropriated, as he would equitably have been entitled to if his claim had been duly proved and submitted to the receiver of said bank. § 2. This act shall take effect immediately. Chap. 14. AN ACT for the relief of the estate of Rutherfurd Stuyvesant. Passed January 26, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follons: L. M. Ruth- § 1. Lewis M. Rutherfurd, father and guardian of Rutherfurd erfurd guar Stuyvesant, an infant, now in the seventh year of his age, is hereecute leases. by authorized during the infancy of his said son, to execute by dian may ex May sell and cant lands. way of renewal leases of all lands derived to the latter by devise from Peter G. Stuyvesant, deceased, in fulfilment of covenants contained in leases of such lands which may have been made by by the latter, when the conditions of such leases have been, in the judgment of the said Lewis M. Rutherfurd, in substance performed, by the lessees or their assigns, whether literally performed or not. § 2. The said Lewis M. Rutherford is hereby further empowconvey va- ered during the infancy of the said Rutherfurd Stuyvesant, to sell and also to convey by deed or deeds, which shall be valid and effectual, such of the vacant and unimproved lands of the said infant, devised to him as aforesaid, as the said Lewis M. Rutherfurd may think fit, at such prices, and in such terms, as he together with either the surrogate or one of the judges of the Court of Common Pleas of the city and county of New York, for the time being, shall deem to be the value of the lands, and for the advantage of said infant. The assent of such surrogate or judge shall, before the delivery of any such deed, be evidenced by a certificate to be signed by him and to be endorsed upon or subjoined to such deed, which certificate shall upon the recording of such deed, be recorded therewith. how to be § 3. The proceeds of all sales so to be made, shall be applied Proceeds by the said Lewis M. Rutherfurd, to the payment of any assess- applied. ments which may be imposed on the lands of the said infant, and to the improvement by buildings or otherwise, of any the lands of the said infant; which improvements he may judge to be to the advantage of the said infant. § 4. It shall be the duty of the said Lewis M. Rutherfurd, be- Guardian to fore the day of the execution or delivery of any conveyance un-give bond. der the second section of this act, to file in the office of the surrogate of the city and county of New-York, a bond to the said infant, to be approved by the said surrogate, and his approval endorsed theron, in a penal sum equal to the sum to be received by the said Lewis M. Rutherfurd, as the consideration of such conveyance, with the addition of an amount equal to half of said sum, conditioned for the faithful and honest application of the proceeds of the said conveyances, to the improvement of the vacant property of the said infant, as hereinbefore provided; which bond shall be executed by the said Lewis M. Rutherfurd, and also by a surety or sureties, who shall together justify, in an amount greater than the penalty, which bond shall remain on file in the office of the said surrogate, until the said Lewis M. Rutherfurd, by the oath of one or more disinterested persons, or by the production of authentic vouchers, shall satisfy the said surrogate that the said proceeds have been faithfully applied to the purposes mentioned in this act: whereupon the said surrogate shall cancel the said bond. Account to annually. § 5. The said Lewis M. Rutherfurd shall on or before the first day of August in each year during his guardianship of said in- be rendered fant, file in the office of the surrogate of the city and county of New York, an account under oath of all the proceeds in money or otherwise, which shall have been received by him at any time within the year, ending on the first day of July preceding from any sales which within such last mentioned year shall have been made by him, by virtue of this act; and also of all payments, which within the said year he shall have made or contracted to be paid out of the said proceeds, and in default thereof, the said surrogate may enforce a rendition of such account in like manner as he may compel the return of an inventory by an executor or administra tor. § 6. This act shall take effect immediately. |