this state, a bond or obligation, in such penalty and with such sureties as the chancellor of this state may direct or approve, with condition for the faithful performance of the trust reposed in him by this act, and shall file the said boud in the office of When to be the register or assistant register of the said court of chancery. filed. executors, in 6 months etc. 11. And be it further enacted, That the said Jonathan Rhea, J. Rhea, his his executors or administrators, shall, within six months after the &c. to exhisale of the said real estate, make and exhibit under oath or affirm- bit an acct. ation to the said register or assistant register, in whose office the and where, bond of the said Jonathan Rhea shall be filed, an accurate account of the monies arising and received from such sale or sales, to be by the said register or assistant register filed in his office for the use of the parties interested therein; and, that the said Jonathan Rhea shall be accountable for all the monies by him received by virtue of this act, and shall be entitled to such reasonable Compensacompensation for his services as the chancellor shall see fit to di- tion to J. rect and allow. Rhea. to affect III. And be it further enacted, That nothing in this act shall be This act not so construed as to affect the rights and claims of any person or certain persons not within the purview thereof, either in law or equity, to rights, any of the property of the said Anthony A. Rutgers, deceased. [Note. This act requires no remark.] CHAP. CLXXX. An ACT altering the name of the town of Jericho in the county of Chenango. Passed April 15, 1814. erected. BE it enacted by the People of the state of New-York, repre- The town of sented in Senate and Assembly, That from and after the first day Bainbridge of June next, the town of Jericho, in the county of Chenango, shall be called and known by the name of Bainbridge. [Note-The name of Bainbridge will be held dear by every American who loves his country and admires the heroes who defend it. The inhabitants of Jericho have evinced much patriotism in the alteration of the name of this town.-We have now counties and towns bearing the names of Washington, Clinton, Gates, Jay, Preble, Decatur, Perry and Bainbridge, besides others in honor of our revolutionary and na val heroes.] CHAP. CLXXXI. An ACT for the relief of the infant heirs of Chloe Rew. Passed April 15, 1814. WHEREAS Ephraim Rew hath by his petition represented, Recital: that his wife Chloe died seised of an estate in fee, in fifty acres of land, situate in Bloomfield, in the county of Ontario, being part E. Rew. L. Rew and A. sell certain estate of cer tain infant children. Broviso. Trustees may take a bord and mortgage from the purchaser. To be held of lot number thirteen, in township number ten, in the fourth range of townships in Phelps and Gorham's purchase; that the said Chloe left seven children her heirs, four of whom are of age, and have sold their rights in the said lot, and the three other children named Chloe, Lucinda and Frederick are infants, and that their interest will be promoted by a sale of their rights in the said property, and therefore, praying for authority to be granted for such purpose: Therefore, 1. Be it enacted by the People of the state of New-York, representcd in Senate and Assembly, That it shall and may be lawful for Ephraim Rew, Lot Rew and Abner Adams, who are hereby appointed trustees for that purpose, to sell the rights of the said infant children, of the said Chloe Rew, in the said fifty-five acres of land at public or private sale, in their discretion, on the best terms they can, and to make and execute a good sufficient conveyance of such rights to the purchaser: Provided however, That before any conveyance shall be made under the power as aforesaid given, the said trustees shall give bond to the said infant children in the sum of six hundred dollars, conditioned for the faithful performance of the trust aforesaid, and for the just application and appropriations of the proceeds of such sale, which bond shall be executed and acknowledged before one of the judges of the court of common pleas of the county of Ontario, and filed in the office of the clerk of the said county. 11. And be it further enacted, That the said trustees may take a bond and mortgage from the purchaser, for such purchase money, or loan the same on good landed security, or invest the same. in the purchase of real estate in the county of Ontario, which in trust and securities or lands shall be held in trust and for the benefit of to be assign the said infant children, in equal proportions, and be assigned or ed or paid when the conveyed to them as they respectively come of age, or to their legal representatives, in case they die before they come of age, and the interest or income of such securities or estate, shall be. received for and appropriated to the exclusive benefit of the said infant children in proportion to their several rights. infants ar rive at full age, etc. Note. This act requires no remark.] CHAP. CLXXXII. Corporation ers. An ACT to incorporate the Merritt's Island and West-tonn Passed April 15, 1814. I. BE it enacted by the people of the State of New-York, repre created and sented i Senate and Assembly, That David H. Slawson, Samuel general pow. B. Cole, Peter Barnard, David Milspaugh, and all such other persons as shall associate for the purpose of making a good and sufficient turnpike road, to begin at the westerly end of the Merritt's island turnpike, and to run from thence on the most eligible and direct route near the West-town meeting-house to the Gosh en and Minisink turnpike, to intersect the same between the house of Hugh M'Connel and Jonathan Wood, in the county of Orange, so as to promote the interest of the public and of this corporation, and their successors be and they are hereby created a body corporate and politic, by the name of " The president, di- Style. rectors and company of the Merritt's island and West-town turn. pike road," and they are hereby ordained, constituted and declared to be a body corporate and politic, in fact and in name, and by that name, they and their successors shall and may have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever, in all manner of actions and complaints, matters and causes, and by the same name and style, shall be in law capable of purchasing, holding and conveying any estate real and personal for the use of the said corporation: Provided, Provisoi That such estate as well real as personal, so to be purchased and held, shall be necessary to fulfil the end and intent of the said corporation, and to no other purpose whatever. Commissionă II. And be it further enacted, That the stock of the said com- Capital pany hereby incorporated, may consist of four hundred shares, of stock, twenty-five dollars each, and that David H. Slawson, Samuel B. Cole, Peter Barnard, David Milspaugh, be, and they are hereby appointed commissioners to receive subscriptions for the said ers to receive stock, in the manner directed in and by the act, entitled " relative to turnpike companies," passed the thirteenth of March, one thousand eight hundred and seven. an act subscriptions. ed. III. And be it further enacted, That the said company hereby Toll allowed incorporated, shall be entitled to exact and receive at each of the to be receiv gates or turnpikes to be erected on the said road, for any number of miles not less than ten in length of the said road, the following sums of money, and so in proportion for any greater or less distance, from all persons travelling or using the same, that is to say, for every waggon drawn by two horses, mules, or oxen, twelve and an half cents, and three cents for every additional horse, mule, or ox, attached to such waggon; for every other carriage drawn by two horses, mules or oxen, twelve and an half cents, and for every additional horse, mule or ox, attached to such cart or other carriage, three cents; for every horse and rider, six cents; for every chair, sulkey, chaise, or other pleasure carriage with one horse or mule, twelve and a half cents; for every chariot, coach or coachee, or other four-wheeled pleasure carriage, twenty-five cents; for every sleigh or sled drawn by two horses, mules or oxen, six cents, and so in proportion for a greater or less number of horses, mules or oxen; for every score of sheep or hogs, eight cents, and so in proportion for a greater or less number; for every stage-waggon drawn by two horses, twelve and an half cents, and three cents for every additional horse attached to such stage-waggon. be chosen, IV. And be it further enacted, That the number of directors for Directors to managing the concerns of the said company hereby incorporated, and their shall be five, three of whom shall be a quorum and capable of powers and managing the business of the said company; and, that the said company hereby incorporated shall have and enjoy all the rights, privileges, powers and immunities which are given and granted in and by the aforesaid act, entitled " an act relative to turnpike companies," and shall be subject to all the conditions, restrictions and regulations contained in the said general act, passed the thirteenth of March, one thousand eight hundred and seven: Provided however, That the chord of the arch of the road hereby authorised to be made, shall not be less than twenty-two feet. [Note.-Add this to the table of turnpikes, V. N. & W. vol. 2. page 559.] Proviso. CHAP. CLXXXIII. An ACT declaring a certain part of the western branch of the Chenango River to be a public highway, and for other purposes. Passed April 15, 1814. 1. BE it enacted by the people of the state of New-York, representPart of the ed in Senate and Assembly, That the western branch of the Chebranch decla nango river, commonly called the Onondaga branch, from the red a public Forks, on lot number sixty-six, in the town of Homer, in the highway. Onondaga Recital the supreme freeholders ing sworn, shall exam. ine certain dams. county of Cortland, to the upper bridge on lot number forty-five, in the said town, be and the same is hereby declared to be a public highway. And whereas, A number of inhabitants of the said county have associated together, and have raised a sum of money which they have placed in the hands of a committee, for the purpose of defraying the expenses of altering certain dams across the stream hereby declared to be a public highway, so as to permit the pas sage of boats and arks: Therefore, II. Be it further enacted, That it shall be lawful for any one of A judge of the justices of the supreme court, and he is hereby required, on court to ap. the application of any of the said committee, to appoint, under point three his hand and seal, three impartial and discreet freeholders, not who, after be interested in the improvement of the navigation of the said river, who, after being duly sworn before any one of the judges of the court of common pleas for the said county, which oath shall be made and filed in the clerk's office of the said county, well and faithfully to execute the trust reposed in them by this act, shall proceed to examine the several dams erected across the said The owners stream hereby declared to be a public highway, first giving the owners of such dams respectively, at least eight days previous notice of the time and place of such examination, and the said freeholders, or the major part of them, shall, after such examination, determine and direct the manner in which such dams shall be altered respectively, so as to permit loaded boats and arks, at high water, to pass over the same without interruption: Proof altering vided, The same can be done without cutting down or otherwise as to permit injuring the said dams, and the said freeholders, or the major part boats to pass, of them, shall determine and ascertain the amount of monies to be paid to the said owners for making such alteration, and shall to have pre vious notice. And then the freeholders to determine the manner the dams so &c. mount to be king the alte require such owners respectively, within three months after be- And the a ing paid or tendered the amount of such expenses, to make the paid for ma said alteration so required, or if default be made therein during rations. and for the period aforesaid, then that such alteration shall be If owners rés made under the direction of the said freeholders, or a major part fuse to reof them, at the proper costs and charges of the said committee, ceive amount how to pro who shall also pay to each of the said freeholders the sum of two ceed. dollars per day foreach and every day they or either of them may be employed in discharging the duties imposed upon them by this act. certain seca recovered on ved. III. And be it further enacted, That so much of the second section of the act, entitled "an act declaring certain waters to be Penalties public highways, allowing certain dams to be built and made, given by a and preventing obstructions in the Hudson's river, and certain tion to be other waters," passed second April, one thousand eight hundred ly by the and thirteen; as gives the penalties therein created for erecting party aggrie mill-dams and weirs across the same waters, mentioned in the first section of said act, to the use of any person who will sue for the same, be and is hereby repealed; and the said penalties are hereby given to the person who may sustain damage by reason of such dams or weirs exclusively, any thing in said recited act to the contrary notwithstanding. [Note. This act may be deemed a supplement to the act of April 2, 1813.—V. N. & W. vol. 2. 285--The second section appears to be a very necessary provision, and the third section by altering the mode for enforcing the penalties, will proba bly be better put in execution than as heretofore, by common informers.] CHAP. CLXXXIV. An ACT postponing the payments of principal and interest due on certain lots in the Oneida reservation. Passed April 15, 1814. terest post 1. BE it enacted by the People of the state of New-York, reprePayment of sented in Senate and Assembly, That the payment of the princi- certain prin. pal and interest due to the people of this state, from the actual cipal and ins settlers on the following lots of land in the late Oneida Reserva- poned to 1st tion, in the county of Madison, to wit: Lot number one, located April, 1815. to John Woolever; lot number two, located to John Schuyler; lot number six, located to Sylvanus Seeber; lot number seven, located to William Seeber, and lot number one, located to John Van Eps Wemple, be and the same is hereby postponed until the first day of April next ensuing. terest remit II. And be it further enacted, That the interest due on the Certain in first day of March, one thousand eight hundred and fourteen, ter from the actual settlers on the following lots in the north-west part of the Oneida Reservation, be and the same is hereby remitted, to wit: On lot number fifty, fifty-one, fifty-two, fifty-four, fifty-six, fifty-seven, fifty-eight, and the payment of the principal And pay due on said lots, is hereby suspended for four years from the first ment of prin day of March aforesaid: And it shall be the duty of the Survey- ded for 4 y LAWS-S. 37. 28 cipal suspen |