the agent of the said lands shall hereafter tender to them good and sufficient warranty deeds for their lots: And further, That the said occupants shall be, and hereby are allowed, four years from the passing of this act for the payment of their purchase monies, with interest thereupon, from the time when good and sufficient warranty deeds shall be tendered to them as aforesaid.

[Note-See Appendix.]

Recital.

Chancellor may order

the sale of certain real

estate.

CHAP. CVII.

An ACT for the relief of the administrators and administratrix of
Amos King, junior, deceased.

Passed April 9, 1814.

WHEREAS William Tanner and De Alanson King, adminis trators, and Polly King, administratrix of Amos King, junior, deceased, have by their petition, represented to the Legislature, that the said Amos died intestate, leaving six infant children: That the real estate of which he died seised, is so situated, that the interest of the said heirs would be greatly promoted by a sale thereof, which the administrators are not authorised to do, nor can they by the existing law obtain such authority: Therefore,

BE it enacted by the people of the State of New-York represented in Senate and Assembly, That it shall be lawful for the Chancellor of this state, in his discretion, on hearing the proofs and allegations of the said administrators and administratrix, aforesaid, to make an order for the sale of the said real estate, on their giving such security as the Chancellor shall direct.

[Note. This act provides for a particular case which now would fall under the provisions of the general act.-See ch. 108.

CHAP. CVIII.

Chancellor may direct

sales of the real estate

of infants for their

&e.

An ACT concerning Infants.

Passed April 9, 1814.

1. BE it enacted by the people of the State of New-York, represent ed in Senate and Assembly, That it shall be lawful for the Chancellor, on the petition of any infant, by his or her next friend, or of the guardians of such infant, for that purpose, setting forth the maintenance grounds and reasons of the application, if upon the whole matter he shall think it necessary and proper for the maintenance or education of such infants, in a summary way, to direct a sale of all, or so much, or such part of the real estate of such infant as the Chancellor shall deem proper, and to take order for the disposal, appropriation and investment of such sales, and for securing the same, and the due appropriation and disposition thereof, and of the produce and proceeds thereof, and the costs upon any apCosts limited plication to be made to the Chancellor under this section, shall to 25 dollars. not exceed twenty-five dollars.

hold in com

how to be

II. And be it further enacted, That in case any infant shall hold If infants any real estate in joint tenancy, coparcenary, or in common, and mon, etc. the interest of such infant, or of any person concerned therein, shall require a partition of such estate, then it shall be lawful for Partition the guardian or guardians of such infant, by and with the consent made. and approbation of the Chancellor, to agree to a division thereof, or to a sale of such estate, or such part thereof, as in the opinion of the Chancellor shall either be incapable of partition, or shall be most for the interest of such infant, that a sale thereof should be made, and thereupon to execute deeds or releases of the right of such infant to the part or parts falling to the share of the other joint tenants, coparceners, or tenants in common, which deeds or releases shall be valid in law to convey the share and part of such infant: Provided, That no deed or release shall be Proviso. executed by any such guardian by virtue of this act, until after a report shall be made to the Chancellor of such sale or partition, and the same be approved and confirmed by him.

may decree

contract, etc.

III. And be it further enacted, That the Chancellor shall have Chancellor power to decree, authorise, or compel a specific performance specific per of any bargain, contract or agreement which may have been formance of made by any party to such bargain, contract, or agreement, who may die before the performance thereof, on petition of the execators or administrators of the estate of the deceased, or of any person or persons interested in such bargain, contract or agreement, and on hearing all parties concerned, and being satisfied that the specific performance of such bargain, contract, or agreement, ought to be decreed, authorised or compelled.

[Note. The provisions of the act had become necessary from the frequent appli cations for relief in individual cases.

An ACT for the pardon of Joseph Moser.

Passed April 9, 1814.

WHEREAS Joseph Moser at a court of oyer and terminer, Recital. and general gaol delivery, held in and for the city and county of Albany, in the month of April, in the year one thousand eight hundred and thirteen, was convicted of the murder of John Concklin, and sentenced to be executed on the first Friday in June, in the year aforesaid: And whereas, his excellency the Governor did suspend the execution of the said Joseph Moser until the present session of the Legislature, in consequence of which suspension further legislative interference has become necessary: And whereas, upon a view and consideration of the circumstances of the case of the said Joseph Moser, as reported to the Legislature, it is deemed proper to pardon the said Joseph Moser; Therefore,

Be it enacted by the People of the State of New-York, represent J. Moser ed in Senate and Assembly, That the said Joseph Moser be, and pardonoë,

17

hereby is fully pardoned of the offence of which he stands convicted.

[Note.-One Thomas Burns was likewise convicted of this murder, and was executed at Albany, pursuant to his sentence, on the first Friday in June, 1813.-It appeared from the examination, that Burns fired the gun which produced the murder, and that Moser was present at the commission of the offence.-There was no doubt that Moser and Burns (who were artificers in the United States' service) went together with a view to revenge themselves of certain persons (who were also soldiers) that had grossly abused and injured them.-Burns had the gun, Moser a sword.— In pursuing this intention, Moser, according to Burns's statement, indicated a wish to return without effecting their purpose; but Burns refused to go, and having met the deceased and a person with him, Burns fired, under the impression, that they were of the party who had abused him.-In this he was mistaken-the deceased did not belong to that party.-On the trial of Moser, Burns was offered as a witness for the prisoner; but he was not admitted, on the ground that he, Burns, had been jointly indicted for the murder with Moser, and that he Burns had been convicted of that murder.-The Governor respited Moser, and left Burns for execution.—The Senate passed a bill, Feb. 4th, 1814, directing Moser to be sent to the state prison for life.-The Assembly amended the bili by granting Moser an absolute pardon.—The amended bill being returned to the Senate was not there acted upon for several weeks, but near the close of the session the Senate concurred with the Assembly in their amendment, and Moser was of course absolutely pardoned.-It is probable that the Legislature entertained doubts as well of the criminality of Moser's intention at thẹ time when the gun was fired, as of the propriety of overruling Burns's testimony on the trial of Moser.]

of Genesee to raise mo⚫ nies by tax to build the

CHAP. CX.

An ACT to raise money to build a Bridge over Allen's Creek in the town of Le Roy, and for other purposes.

Passed April 9, 1814.

I. BE it enacted by the People of the state of New-York,represented Supervisors in Senate and Assembly, That the supervisors of the county of Genesee shall be authorised, and they are hereby required at their next annual meeting to direct to be levied, collected, and paid as the bridge, etc. contingent charges of the county are by law directed to be levied, collected and paid the sum of twelve hundred dollars for the purpose of building a bridge over Allen's Creek, in the town of LeRoy, in the county of Genesee, at the place where the said creek intersects the great western road from Albany to Buffalo, together with the usual fees for collecting and paying the same, which sum of twelve hundred dollars when paid to the Treasurer of the said county shall be subject to the order and direction of the commissioners herein after named.

Commission. ers appoint. intend the building, etc.

ed to super

II. And be it further enacted, That Daniel Davis, David Le Barron and Graham Newel, be commissioners, whose duty it shall be to superintend and direct the building of the said bridge, with full power to contract for the materials and workmanship of the same, to the extent of the sum hereby granted for such purpose; and, that in case of the death or refusal to serve of the said commissioners, or either of them, it shall be lawful for the person administering the government of this state, to appoint a person or persons in the place of him or them so dying or refusing to

serve.

curity and

Ir. And be it further enacted, That it shall be the duty of the To give se commissioners so appointed, or to be appointed, before they pro- take an oath. teed in the discharge of the trust aforesaid, to give each a separate bond to the supervisors of the county of Genesee and their successors in office, in the penal sum of two thousand dollars, conditioned for the faithful discharge of the duties imposed on them by this act: And also, to take and subscribe an oath before some person in the said county, authorised to administer oaths, that they will well and faithfully, according to their respective abilities, discharge the said duties.

pervisors.

IV. And be it further enacted, That it shall be the duty of the To account said commissioners to account with the supervisors of the said with the su county of Genesee, from time to time, as they shall require such account for all monies expended or received by the said commissioners by virtue of this act, in which accounting such reasonable sums shall be allowed to the said commissioners for their services, as shall be agreed to by the said supervisors.

to lay out a

V. And be it further enacted, That Archibald S. Clarke, Wil- A. S. Clark liam Rumsey and James Ganson, or any two of them, be, and and others hereby are authorised and empowered, to lay out and establish certain road. the road as a public highway, that is now worked, beginning at the west end of the bridge that is built across the Genesee river, on the great road leading from Canandaigua through Avon to Le Roy, and from thence to Batavia in the county of Genesee, and from thence to the villages of Buffalo and Black Rock, in the county of Niagara, and to straighten and make such alterations as in their judgment shall be beneficial to the public interest, deviating as little as circumstances will permit from where the road now runs And provided such straightening or alterations shall Provisonot injure any person settled on said road; and also, to cause said road to be opened six rods wide: Provided such width shall not Further materially affect any valuable buildings or other improvements on said road.

provisa

made and

VI. And be it further enacted, That the said commissioners Map of a shall cause to be made, an accurate map of said road, and shall road to be cause the said map together with the field notes of the survey to filed. be filed in the Comptroller's office of this state, and in the Clerk's offices of the counties of Niagara and Genesee, and shall also cause to be filed in the office of the clerk of each town through which said road runs, a copy of the map and field notes of such part of said road as shall be in said town, and that it shall be lawful from thenceforth for the inhabitants of the said counties of Genesee and Niagara, to improve the said road, and each of the said Compensas commissioners shall receive for their services, at the rate of two tion to com dollars and fifty cents a day, for each day they shall be necessarily employed in laying out and establishing said road, and all expenses incident to the same shall be levied, collected and paid in the said counties of Genesee and Niagara as other contingent charges are in said counties levied, collected and paid.

missioners,

Surveyor

to leasing

VII. And be it further enacted, That it shall be the duty of the Duty of Surveyor general, forthwith to publish a notice in the newspaper general a published by the printer to this state, and in three of the news- Stedma papers published in the Western District of this state for six farm. weeks in succession, that the tract of land called the Stedman

Sale of cer

tain land for tax suspend..

Farm on the Niagara, is to be leased for the term of one year from a day to be mentioned in such notice, to the person who shall before such day offer to accept of such lease on the terms which in the opinion of the Surveyor-general shall be the most advantage, ous to this state; and the Surveyor-general is authorised to execute such lease on the part of this state, and to insert in the counterpart of such lease to be executed by the lessee, such covenants as he shall deem proper, and exact such security from the lessee for the performance of the covenants contained in such lease as he shall deem proper and necessary.

VIII. And be it further enacted, That the sale of land for noned until, etc. payment of the tax for improving the road from Chester to Canton, directed by the fifty-first section of the act, entitled “ an act for the payment of certain officers of government and for the purposes," passed the 13th day of April last, to be made on the first Monday of April next, shall not then be made, but shall be made at such time as the Comptroller and the commissioners appointed to expend the money shall think will be proper and necessary for the completion of the object for which it was appropriated, the Comptroller for six weeks successively, immediately preceding such sale, shall give notice in one of the public newspapers printed in the city of Albany, and in one of the public newspapers printed in the city of New-York, that so much of the lands charged with the tax imposed for opening and improving a road from the town of Chester to the town of Canton, as will be necessary to pay such tax, will then be sold, particularly specifying the time and place of such sale.

Certain me.

tieg.

IX. And be it further enacted, That the medical societies which dical socie have been organized in the several counties set apart since the passage of the act, entitled “ an act to incorporate medical societies," passed 26th March, 1806, shall enjoy the same privileges, and shall possess the same authority as those societies incorporated by virtue of the above recited act.

[Note. The first section shews the importance of this bridge in continuing the communication from Albany to Buffalo.

Corporation

pow

CHAP. CXI.

An ACT to incorporate the Montgomery Turnpike Company.

Passed April 9, 1814.

1. BE it enacted by the People of the state of New-York, repregrered and sented in Senate and Assembly, That Nathan Smith, Benjamin general ers. Rose, Selah Smith, Robert Davenport, David Havens, James Davis, and all such other persons as shall associate for the purpose of making a good and sufficient turnpike road, to begin at or near Fort Montgomery, on the west side of Hudson's River, opposite Anthony's Nose, and near the landing now occupied by Nathan and Selah Smith, from thence to run a north-westwardly course, the most direct and convenient route to the forest of Dean Mirehole, and thence a south-westwardly course, the most direct and convenient route till it intersects the Dunderburgh and Clove