for any person or persons, at any time hereafter, to take any fish, by means of any seine or seines, net or nets, in the pond commonly called Thompson's pond, situate in the town of Stanford, county of Dutchess.

how recover

II. And be it further enacted, That if any person or persons Penalty, and shall take any fish, contrary to the provision of the preceding sec- able. tion, such person or persons, each and every of them, shall forfeit the sum of ten dollars for each and every offence, to be sued for and recovered by any person who will prosecute for the same, in an action of debt, in his own name, with costs of suit, in any court within this state, having cognizance thereof.

CHAP. XXI.

AN ACT extending to Ward Hunter and Elijah J. Hunter, the time for keeping the ferry, established by "an act for establishing and regulating a ferry across the Hudson river, between the counties of Westchester and Rockland."

Passed January 28, 1820.

WHEREAS Ward Hunter, of Peekskill, in the county of West- Preamble. chester, and Elijah J. Hunter, of Haverstraw, in the county of Rockland, have represented to this legislature, that they are the owners of the dock or landing, formerly owned by Joshua Colwell, in the town of Haverstraw, in the county of Rockland; and a part of the dock or landing formerly owned by Joseph Travis, at Peekskill, in the county of Westchester; and are also the assignees of the ferry authorised to be established by the act of the legislature of this state, entitled" an act for establishing and regulating a ferry across the Hudson river, between the counties of Westchester and Rockland," passed March 19, 1800: Therefore,

& E. J. Hun

I. BE it enacted by the People of the State of New-York, re- Ferry to be presented in Senate and Assembly, That the said Ward Hunter kept by W. and Elijah J. Hunter, and their assigns, be, and they are hereby ter. authorised to keep, maintain and continue the ferry authorised by the said act, for the term of fifteen years next after the passing of this act.

vested in

II. And be it further enacted, That all the rights, privileges certain rights and advantages which were given and granted to the said Joseph them. Travis and Joshua Colwell, by the act above entitled, be, and the same are hereby given and granted to the said Ward Hunter and Elijah J. Hunter, and their assigns, for the said term of fifteen years, subject to all the regulations restrictions and penalties contained in the said act, and that the restrictions, penalties and provisions contained in the fourth section of the said act, shall also continue and remain in force for the term aforesaid.

Certain prited.

CHAP. XXII.

AN ACT for the relief of Thomas Goge.
Passed January 28, 1820.

BE it enacted by the People of the State of New-York, revileges gran presented in Senate and Assembly, That Thomas Gage, an occupant on lot number sixty four, in Freemason's patent, shall, for the land by him occupied, have, and he is hereby entitled to all the rights and privileges, and upon the same condition, as were granted to Nathan Underwood and other occupants on said lot, number sixty-four, by an act of the legislature, passed February the nineteenth, one thousand eight hundred and nineteen.

Preamble.

CHAP. XXIII.

AN ACT to amend an act, entitled "an act to improve a state road from the village of Angelica, in the county of Allegany, to the bridge across the Genesee river, near Van Campen's creek, and thence to the village of Hamilton, on the Allegany river."

Passed January 28, 1820.

WHEREAS by the first section of the act hereby amended, divers persons were appointed trustees, to superintend the repair and improvement of said road, and that owing to the removal of one of the trustees from the state, and to the distance at which the other trustees reside from one another, it has become almost impracticable to collect a sufficient number of trustees to form a quorum : Further pre- And whereas, by the nineteenth section of the aforesaid act, fifteen hundred dollars were loaned by the state, to be appropriated to the repairing and improving of the said road, and directed to be paid to Philip Church and Sylvanus Russell, two of the trustees appointed by the aforesaid act, on condition that the said money should be expended within a year from the passing of said act, which said sum of fifteen hundred dollars has not been drawn out of the treasury of the state: Therefore,

amble.

Trustees appointed,

1500 dls. to

Chuch & S.

I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Andrew A. Norton, Daniel Cruger and Nicholas Ayrault be, and are hereby appointed trustees, to superintend the repair and improvement of the above mentioned road, and the said persons hereby appointed trustees, shall be joined with the trustees heretofore appointed, in the exe cution of the said act, to all intents and purposes, in as ample a manner as the trustees heretofore appointed by the aforesaid act were and are empowered to act.

II. And be it further enacted, That the treasurer shall pay, on be paid P. the warrant of the comptroller, to Philip Church and Sylvanus Russell, two of the trustees appointed by the aforesaid act, the sum of one thousand five hundred dollars, on the bond of the said Philip Church and Sylvanus Russell, on the like conditions required by

Russell,

the nineteenth section of the aforesaid act; excepting nevertheless, that the treasurer shall be, and hereby is required, so to alter that condition of the said bond, which requires the said money to be expended and accounted for within the period of one year from the passing of the aforesaid act, as that the period for expending and accounting for the said money, shall be extended to two years and six months, from the passing of the aforesaid act.

tain a condi

III. And be it further enacted, That the bond required by the Bond to con fourteenth section of the aforesaid act, to be given by each trus- tion. tee, before he enters upon the duties of his office, shall contain a condition, that the said trustee shall neither be directly nor indirectly interested in any contract, nor shall directly or indirectly receive any compensation for the exploring, surveying, making, repairing, inspecting or superintending the concerns of the above mentioned road, and in failure of the above condition, the said bond shall be prosecuted, and the amount that may be recovered upon the same, shall be paid over, in like manner, and for the same purpose, as directed by the fifteenth section of the aforesaid act.

CHAP. XXIV.

AN ACT authorising the supervisors of the county of Ulster to raise the sum of ten thousand dollars, to defray the expense incurred in completing a new Court-House, Gaol and fireproof Clerk's office in the said county.

the

Passed January 28, 1820.

How to be

BE it enacted by the People of the State of New-York, re- 10,000 dls. to presented in Senate and Assembly, That it shall and may be law- be borrowed. fal for the supervisors of the county of Ulster, to borrow a sum of money, not exceeding the sum of ten thousand dollars; and upon such terms as they shall deem proper, for the purpose of defraying expense incurred in completing the court-house, gaol and fire proof clerks office, in said county; and that it shall be the duty of the said supervisors, at their next annual meeting, and annually thereafter, to raise a sum not exceeding two mills on the dollar, any one year, on all the property in said county and now sub- repaid. ject to the state tax, to be levied and collected in the same manner as the state tax is now levied, raised and collected, until a sufficient sum is so raised, levied and collected, to discharge the prin cipal and interest accruing on such loan; and in case the said loan should not be effected by the said supervisors, before their next annual meeting, that then it shall be their duty to levy, raise and collect, a sum of money, not exceeding ten thousand dollars, in the manner herein before directed and prescribed, for the purpose of defraying the expense so incurred as aforesaid.

in

CHAP. XXV.

Halfmoon restored.

AN ACT to alter the name of the town of Orange, in the county of Saratoga.

Passed January 28, 1820. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the name of the town of Orange in the county of Saratoga, shall, after the passing of this act, be called Halfmoon, its ancient name.

Preamble.

CHAP. XXVI.

AN ACT for the relief of the heirs of John M. Van Loon, deceased.

Passed January 28, 1820. WHEREAS it appears to the legislature that John M. Van Loon, of the town of Athens, in the county of Greene, lately died at the advanced age of ninety-six years, seised of considerable real as well as personal estate, leaving a daughter, Rebecca, the wife of Leonard Witbeck, and ten grand children, being children of his son, Matthias Van Loon, who died in the life time of the said John M. Van Loon; and that the said John M. Van Loon, on the 16th February, 1817, subscribed a certain paper writing, purporting to be his last will and testament, and therein devised the principal part of his real and personal estate to three of his said grand children, to wit, Matthias Van Loon, Samuel Van Loon, and Henry Van Loon: That the said Leonard Witbeck, and Rebecca his wife, have contested the said will, on the ground principally that the said John M. Van Loon was incompetent, by reason of his loss of memory and understanding, to make a will, and have in right of the said Rebecca, as heir at law of the said John M. Van Loon, commenced an action of ejectment for the recovery of one half of the real estate of the said John M. Van Loon, which action has been tried at the late circuit court holden in and for the county of Greene, and a verdict was therein found for the plaintiff; and that a suit is now depending in the court of probates of this state, relating to the personal property of the said John M. Van Loon, in which the validity of the said will is also drawn in question: That the said Leonard Witbeck, and Rebecca his wife, of the one part, and the said Matthias Van Loon, as well as the said Samuel Van Loon, and Henry Van Loon, by their guardians, the said Samuel and Henry, being infants under the age of twenty-one years, of the other part, taking into consideration the expensive and ruinous na-. ture of the law suits and controversies in which they are engaged in relation to the said will, have come to an amicable compromise of the same, and have agreed that the said Rebecca shall have and accept, as and for her share of the estate of the said John M. Van Loon, the one equal undivided third part of the real estate, and the one equal half part of the personal estate; and that the said Matthias, Henry, and Samuel, shall be entitled to the difference between the one third and the one half of the said real estate, and

tal.

that the remaining half of the said real and personal estate may be equally divided among all the ten children of the said Matthias Van Loon, to wit, Matthias Van Loon, Henry Van Loon, Samuel Van Loon, John Van Loon, Casper Van Loon, Mary the wife of John Folger, Elsie Van Loon, Elizabeth Van Loon, Rebecca Van Loon, and Jacob Van Loon, all of whom, except the said Matthias, Samuel, and Henry, have uniformly claimed, and do still claim f title not under the will, but as heirs at law of the said John M. Van Loon, deceased, each to one undivided twentieth part of his estate. And whereas the said Leonard Witbeck, and Rebecca his Further reciwife, and the said Matthias Van Loon, as well as the said Samuel Van Loon, Henry Van Loon, Elsie Van Loon, Elizabeth Van Loon, Rebecca Van Loon, and Jacob Van Loon, who are infants under the age of twenty-one years, by Seth Hamilton and Nathaniel Hawland, who have been legally constituted their guardians, have sented to the legislature their petition, setting forth the said agreement and compromise, and that by reason of the coverture and infancy of some of the said parties, the same cannot be made obligatory upon them, and carried into effect, without the aid of the legislature in the premises, and praying that a law may be passed for putting an end to the said law suits and controversies, and to confirm the aforesaid agreement, and for vesting the estates and interests of the said parties in conformity thereto, and that commissioners may be appointed by the legislature to make partition of the real estate of the said John M. Van Loon, among the parties aforesaid, according to their aforesaid interests therein. Therefore,

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pre

BE it enacted by the People of the State of New-York, re- Power and duty of Chanpresented in Senate and Assembly, That it shall and may be law- cellor. ful for the parties aforesaid, or any or either of them, to present a petition to the chancellor, praying a confirmation of the said agreement and compromise, and if the allegations in the preamble to this act shall be satisfactorily proved, and the chancellor shall deem it for the interest of the infant parties to decree or order a confirmation of the said agreement, it is hereby declared, that notwithstanding the coverture or infancy of any of the said parties, the title to the real estate whereof the said John M. Van Loon died seised, shall be deemed to be vested in his said daughter and grand children, in the proportion each is entitled to under the said agreement as tenants in common in fee simple, and the personal estate of the said John M. Van Loon, after payment of his debts, shall be distributed in conformity to the said agreement; and it shall be lawful for the chancellor in such case to order partition to be made of the said real estate among the said daughter and grand children, according to their interests therein, as stated in the said agreement, and declared in and by this act. Provided however, Provise. That nothing in this act contained shall be construed to affect the title or claim of any other person or persons to the estate of John M. Van Loon, deceased, except those who are parties thereto.

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