Recital. A. Leal and others au thorised to real estate. CHAP. CXXIV. An ACT for the relief of the heirs of Henry Leal, deceased. Passed April 13, 1814. WHEREAS Alexander Leal, Daniel M'Gillivray and Frederick P. Foote, executors of the last will and testament of Henry Leal, deceased, have in conjunction with others, the widow and relatives of the said testator, by their petition represented and shewn, that it would greatly promote the interest of the heirs of the said Henry Leal, all of whom are now under age, to have the real estate whereof he died seised, sold, and after paying such of the debts of said deceased as yet remain unpaid, to have the residue of the monies arising from such sale placed out at interest upon real security, to be disposed of according to the will of the said testator: Therefore, I. BE it enacted by the People of the state of New-York, represented in Senate and Assembly, That the said Alexander Leal, Daniel sell certain M'Gillivray and Frederick P. Foote, be, and they hereby are au→ thorised and empowered to sell and dispose of for the best price that can be obtained therefor, all such real estate as the said Henry Leal died seised of, in the town of Delhi and county of Delaware, and good and sufficient deed or deeds of conveyance for the same, to execute and deliver to the purchaseror purchasers thereof, which shall be as valid and effectual, to all intents and purposes against the heirs of the said Henry Leal, or any person claiming by, from, or under them, as if the same had been made by the said Henry Leal in his life-time. Proceeds of sale, how Proviso II. And be it further enacted, That out of the monies arising disposed of. from the sale of the above mentioned real estate, the said executors shall pay such of the debts of the said testator as shall then remain in arrears and unpaid, and the residue, after defraying all just and necessary expenses, they may in their discretion, either cause to be secured by bond and mortgage upon the premises sold, or they may loan it on any real security within the county of Delaware, aforesaid, which shall be unincumbered, and of double the amount in value to the sum loaned: Provided always, that the monies thus secured or loaned, shall bear legal interest payable annually, and that the time limited for the repayment of the principal, shall in no case extend beyond the period appointed by the said testator in and by his said last will and testament for the final distribution of his estate: And provided further, That Helen Leal, the widow of the said testator, shall at the time of executing the conveyances authorised by this act, execute and deliver to the purchaser or purchasers, a release of all her right of dower in the said premises thus conveyed. Further proviso. Interest how applied. III. And be it further enacted, That the interest of that portion of the purchase monies aforesaid, which shall be secured or loaned in pursuance of this act, shall be paid over annually, by the said executors, or the survivors or survivor of them, to the said Helen Leal, so long as she would have been entitled to the use and profits of the said real estate, by the terms of the said will, and to be by her disposed of in the same manner, as the said use and profits would or ought to have been, according to the said will, had the said real estate remained unsold, and the principal shall be distributed at the same time, and in the manner pointed out in the said will for the distribution of all the said testator's property, real and personal. tors. IV. And be it further enacted, That the said executors shall be Responsibili. held responsible in their persons and their property, to the heirs ty of execuof the said Henry Leal, deceased, for the faithful execution of the trust reposed in them by this act. [Note. This act requires no remark.] CHAP. CXXV. An ACT relative to inspectors of beef and pork in the city of New-York. Passed April 13, 1814. of 20 blls. or may be at any place in BE it enacted by the People of the state of New-York, repre- Inspection sented in Senate and Assembly, That it shall be the duty of every half barrels repacker and inspector of beef and pork for the city and county of at a time, New-York, whenever applied to for that purpose, to inspect and repack beef and pork, not less than twenty barrels or half barrels New.York. at one time, at any place within the said city and county: Pro- Proviso: vided, That the person applying for such duty to be performed, shall pay to such repacker and inspector all the extra expense which may attend the same, being done separate from his stores or yard; And provided further, That nothing herein contained Further shall contravene the twenty-ninth section of the act, entitled an act to provide against infectious and pestilential diseases," passed the 26th March, 1813. proviso. [Note. The act for the inspection of beef and pork is in V. N. & W. v. 2. 324.The 19th section restricted the inspection to the store or yard of the inspector.This act proving inconvenient with regard to small quantities of beef and pork, the present act was passed to remedy the same.] CHAP. CXXVI. An ACT supplementary to the act, entitled " an act further to improve the road from Hopkinton in the county of St. Lawrence to Northwest Bay on Lake Champlain.” 66 Passed April 13, 1814. WHEREAS John Grant one of the commissioners appointed Recital. in and by the act, entitled an act further to improve the road from Hopkinton in the county of St. Lawrence, to Northwest Bay, on Lake Champlain," passed June 19th, 1812, hath represented to this Legislature, that he hath removed and now resides at so great a distance from the said road as to render it inconvenient for him to attend to the duties required of him in and by said act: Therefore, Certain com missiouers in others ap pointed. Who are to give bond. I. BE it enacted and declared by the people of the state of New-York, the stead of represented in Senate and Assembly, That Malcom M Martin, be, and is hereby appointed a commissioner in the room and stead of the said John Grant, and that Iddo Osgood, be and he is hereby appointed a commissioner, who with the said Malcom M'Martin, shall, together with Benjamin W. Hopkins, superintend the opening and making of said road, agreeably to the provisions of the said recited act; and the said Malcom M Martin and iddo Osgood shall, before they enter upon the trust committed to them, execute to the people of this state, a bond in the sum of five thousand dollars, with sureties to be approved by the comptroller, conditioned that they will faithfully expend all monies which may come into their hands, for opening and making said road, according to the true intent and meaning of said recited act; and that they will account with the comptroller for the expenditure of all such monies whenever thereunto required; and the said bond shall be filed in the comptroller's office; and the said John Grant shall account with the comptroller for the monies received by him, and pay the balance remaining in his hands, if any, to the said commissioners. Their com pensation. II. And be it further enacted, That the said commissioners shall each be entitled to two dollars a day for their services and expenses whilst necessarily employed in the discharge of their duties. [Note. The act amended is in sess. 35. ch. 186.-The. road in question has from time to time received much legislative attention and patronage.] CHAP. CXXVII. Recital. An ACT to build a Bridge over Genesee river, and for other pur poses. an act Passed April 13, 1814. WHEREAS by the fortieth section of the act, entitled " for the payment of certain officers of government and for other purposes," passed the 13th of April, 1813, it was enacted and made the duty of the treasurers of the counties of Ontario and Genesee, that out of the first monies they may receive for arrears of taxes due said counties from the treasurer of this state, they should then severally pay to Hugh M'Nair, Joseph W. Lawrence and John H. Jones, the sum of two thousand dollars, for the purpose of building a bridge over the Genesee river, between the towns of Geneseo and Leicester, at or near the ferry now kept by Peter Bebee, the said commissioners disagreed about the site, whereby the said bridge is not built, to the great disadvantage of the public, to reCommiss'rs. medy which, to determine 1. BE it enacted by the people of the state of New-York, representwhere bridge shall be built. ed in Senate and Assembly, That William Shephard, of the town of Canandaigua, Abiel Thomas, Esquire, of the town of Middlesex, in Ontario county, and Elizur Webster, of the county of Genesee, be and they are hereby appointed and required to meet on the first Tuesday of May next, at ten o'clock in the forenoon, at the ferry of the said Peter Bebee, and then and there determine treasurer of of commis'rs. II. And be it further enacted, That as soon as the site of said Duty of bridge shall be determined by the commissioners aforesaid, Ontario and the treasurer of the said counties of Ontario and Genesee, and the Genesee and said Hugh M'Nair, Joseph W. Lawrence and John H. Jones, are hereby required to do and perform all the duties required of them by the aforesaid recited clause, any thing to the contrary notwithstanding. missioners, III. And be it further enacted, That the said commissioners Compensahereby appointed to fix the site of said bridge, shall be paid out tion of comof any money in the treasury of the counties of Ontario and Gene- how paid. see, such sums as the board of supervisors in the county in which they belong, shall credit and allow for their reasonable services. 5000 dolls. ed out of the IV. And be it further enacted, That it shall be lawful for the treasurer of the county of Ontario, to pay to the order of Septimus appropriat Evans, John Price and Roger Sprague, any money in the treasury treasury of of said county, not exceeding five thousand dollars, not otherwise Ontario for appropriated, for the purpose of building the gaol in said county gaol. of Ontario. building a altered. V. And be it further enacted, That that part of the road laid out certain road by John Sayre, Samuel Lawrence and Joshua Van Fleet, commissioners appointed by a law of this state, passed the first day of April, 1808, that runs through the lands of James M'Connell, of the town of Phelps, and John Shekell, in the town of Farmington, and as far west as the hotel at the sulphur spring, in the county of Ontario, is hereby altered to that of the old road on the south line of the said James M'Connell and Shekell's land, in the town of Phelps, to the line between the towns of Phelps and Farmington; from thence northwardly, so as to bring the centre of the road within four rods of John Shekell's now dwelling-house, and from thence, near the hotel above mentioned, to intersect the road on the north line of Shekell's lot, in the town of Farmington. nies in Onta ed. VI. And be it further enacted, That it shall be lawful, and it is Certain hereby made the duty of the board of supervisors of the county school mo. aforesaid, at their next annual meeting after the passing of this act, rio how raisto levy and cause to be collected from the freeholders and inha- ed and applibitants of the several towns in said county, that have or shall comply with the requisitions of the school act, passed the 19th day of June, 1812, a sum equal to their proportions of the school fund for the year one thousand eight hundred and thirteen, and when so Duty of the treasurer of the county. raised and collected, shall be paid over to the commissioners of schools in said town, in the same manner as if the same had been levied at the annual meeting of the board of supervisors in one thousand eight hundred and thirteen; and it shall be lawful for the treasurer of said county of Ontario, on receiving the amount due the county from the treasurer of this state, to pay the commissioners of schools of the several towns complying with the act aforesaid, their several proportions of the same, any thing to the contrary notwithstanding. [Note. The erection of this bridge, derives importance from its opening the com munication from the counties of Tioga, Broome and Steuben, and the great southern road via Carlisle, in Pennsylvania, to the counties of Genesee and Niagara. The 4th section, authorising a gaol in Ontario, became necessary from the insufficiency of the present gaol, from which escapes had been made.] Number of firemen in Cooperstown may be increased. And to be CHAP. CXXVIII. An ACT to amend an act, entitled" an act to vest certain powers in the freeholders and inhabitants of the village of Cooperstown, in the county of Otsego. Passed April 13, 1814. 1. 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 the trustees of the said village of Cooperstown, or a majority of them, at any time hereafter, to increase the number of firemen in said village, to such number as they may deem sufficient to manage the fire engine of said village to the best advantage and security of said village against destruction by fire: Provided, such number shall in no case exceed thirty-two. II. And be it further enacted, That all and every fireman so apsubject to al pointed, shall be subject to all the rules and regulations, and lia-.. the rules,&c ble to all the pains and penalties of the act hereby amended. [Note.-Cooperstown was first incorporated by the name of Otsego, April 3, 1807and June 12, 1812, it received its present corporate name, tho' it had long before been called. Cooperstown. Its increasing population required the present act to be passed.] CHAP. CXXIX. Corporation general pow. An ACT to incorporate the Patent Cloth Manufacturing Company. I. Be it enacted by the People of the state of New-York, reprecreated and sented in Senate and Assembly, 'That William Shotwell, and Arthur Kinder, and such other persons as now are or may hereafter be associated with them for the purposes of manufacturing of hair by itself, or hair mixed with any other material or materials, shall be and are hereby ordained, constituted and declared to be, until the first day of December, which will be in the year of our Lord one thousand eight hundred and thirty-four, a body corporate and politic, in fact and in name, by the name and style of" The patent cloth manufacturing company," and by that name, they their suc Style. |