CHAP. X.

AN ACT supplementary to an aet, entitled "an act authorising the Supervisors of the county of Ulster, to raise a sum of money, for the purposes therein mentioned. Passed April 3, 1818," and for other purposes.

Passed January 21, 1820.

WHEREAS it has been represented to the legislature, by the Preamble. commissioners appointed to superintend the building of the bridge over the Esopus Creek, near the village of Kingston, in the coun

ty

of Ulster, that the sums of money heretofore raised by the said supervisors, and received by the said commissioners, in pursuance with, and by virtue of the said act, have not been sufficient to defray the expenses of building said bridge; and that the further sum of one thousand two hundred dollars, will be necessary for defraying the expenses thereof: Therefore,

I. BE it enacted by the People of the State of New-York, 1200 dollars represented in Senate and Assembly, That the supervisors of the to be raised county of Ulster, at their next annual meeting, cause to be assessed, levied and collected the further sum of one thousand two hundred dollars, in all respects in the same manner, as they are required to assess, levy and collect the sum of two thousand dollars, in and by the act aforesaid, and that the collector pay the said sum of money to the said commissioners, or either of them, and that the said commissioners account for the said sum of money, as they are required to account in and by the said act.

for injuring bridge.

II. And be it further enacted, That if any person or persons, Penalties, &e shall wilfully, do or cause to be done, any illegal act whatsoever, whereby the said bridge, or any thing appertaining thereto, shall be impaired, weakened or injured, every person so offending, shall forfeit and pay, treble the amount of damages, sustained by means of such offence or injury, to be recovered with costs of suit ; and if any drover of cattle, or other person, shall drive over the said bridge, at the same time, any number of cattle or horses, exceeding fifteen, such person, or drover, so offending, shall forfeit pay the sum of ten dollars, for every such offence; and if any person shall drive or ride over said bridge, faster than a walk, every person so offending, shall forfeit and pay the sum of one dollar for every such offence, which fines and forfeitures shall be recovered, with costs of suit, in an action of debt, before any court, having cognizance thereof, to be sued for, and recovered by, the overseer of the Kingston bridge, hereinafter directed to be chosen, to be by him applied to, and for the use and benefit of the said bridge.

and

Overseer to

when & how.

III. And be it further enacted, That the freeholders and inhabitants of the said town of Kingston, shall, at their next annual be chosen, & town meeting, and at every annual town meeting thereafter, choose in the same manner as other town officers are by law directed to be chosen, some suitable person, being a freeholder, and inhabitant of said town, to be the overseer of the Kingston bridge, whose duty it shall be to have the general care and super- His duty. intendence of said bridge, to make the necessary repairs thereto,

tices to be affixed.

at the expense of said town, and to sue for all penalties created by this act, and who shall, in all respects, be subject to the like liabilities and penalties as are imposed upon overseers of highways. Certain no- IV. And be it further enacted, That it shall be the duty of the overseer of Kingston bridge, first elected, to cause to be affixed, and the duty of him and his successors, to cause to be kept up, and continued, at each end of the said bridge, a conspicuous notice, or memorandum of the offences and penalties created by the second section of this act and no such fine or penalty shall be recovered, except upon satisfactory proof of the existence of such notice or memorandum, at the time of the committing of such offence.

Arme Bowerie fences.

V. And be it further enacted, That from and after the first day of November next, the circular fences around a certain tract of land, in said town of Kingston, called the Arme Bowerie, which tract is situated in the angle formed by the junction of the Albany and Flatbush roads, shall be, and they are hereby abolished, and all acts in relation to the same, and all town orders, made in pursuance of those acts, shall be, and they are hereby declared to be repealed from and after that day: And each proprietor of a lot, within the said circular fences, shall be entitled to the fences which have heretofore been made for such proprietor of such lot. VI. And be it further enacted, That from and after that day, general laws. the said tract of land shall be subject to the general laws, now in force, in relation to the enclosing of lands within this state.

Certain tract subject to the

Preamble.

Power to sell

CHAP. XI.

AN ACT to enable the Corporation of the first Baptist Church in the city of New-York, to sell and convey the land therein described.

Passed January 21, 1820.

WHEREAS the said corporation, by memorial have represented, that they purchased several pieces of land, in fee simple, for the purpose of a burying ground, in the tenth ward of the city of New-York, within the block or square, bounded by North-street, the second avenue, First-street, and the first avenue: That they have laid out the said burying ground, but that there is a surplus of land, beyond what is comprehended within the said burying ground, or necessary therefor, and which they are desirous to sell and convey: Therefore,

BE it enacted by the People of the State of New-York, recertain estate presented in Senate and Assembly, That it shall and may be lawful, to and for the corporation of the first Baptist church, in the city of New-York, to grant, bargain, sell, alien and convey, in fee simple, such of their land, within the block or square above described, and not comprehended within their burying ground, as in their judgment may be expedient, together, or in such parts, lots or divisions, as they shall deem proper.

1

CHAP. XII.

AN ACT concerning certain Taxes, in the town of Granby.
Passed January 21, 1820.

Taxes to

collected by

how collect

ed.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the supervisors of the have been County of Oswego be, and they are hereby authorised to include S. Fairbanks, in their warrant to the collector of the town of Granby, in said county, for the current year, the taxes on the lands of non-resident proprietors, in said town, which were committed to Samuel Fairbanks, late collector of taxes for said town, for the year ending on the first day of March, one thousand eight hundred and nineteen Provided, That nothing in this act contained, or the proceedings to be had under it, shall be construed to release the said Samuel Fairbanks, or his bail, from any liabilities which they may be under, to account for the payment of any portion of such taxes as have been, or may hereafter be received by said Samuel Fairbanks, collector, as aforesaid.

Provise.

CHAP. XIII.

AN ACT to amend the act, entitled " an act to encourage the destruction of Wolves." Passed April 7, 1815.

Passed January 28, 1820.

Bounty on

regulated.

I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the supervisors of each Wolves, how county of this state, shall and may, in their discretion, allow such bounty as they shall think proper, for the destruction of wolves: And that whenever any bounty shall be thus allowed, there shall be paid out of the treasury of this state, an equal bounty, to be ascertained, and allowed by the comptroller, in the manner specified Duty of in the act, entitled "an act to encourage the destruction of comptroller. wolves;" and that so much of the said act as is inconsistent herewith, be, and the same is hereby repealed: Provided, That no Proviso. bounty to be so allowed, by any board of supervisors, shall exceed the sum of twenty dollars for each wolf, and seven dollars

and fifty cents, for each wolf's whelp: And provided further, Further proThat this act shall not take effect in the respective counties, until viso. the next annual meeting of the board of supervisors of the coun

ty, and that at each annual meeting of the board, the amount of

bounty shall be fixed, for the year next ensuing.

II. And be it further enacted, That whenever any bounty shall Duty of SHbe allowed, by any board of supervisors as aforesaid, it shall be pervisors. the duty of such board to certify to the comptroller, the amount of such bounty.

Preamble.

CHAP. XIV.

AN ACT for the relief of the devisees of Joseph Watkins, de

ceased.

Passed January 28, 1820. WHEREAS Joseph S. Watkins, John S. Watkins, and George Wragg, executors of the last will and testament of Joseph Watkins, late of the city of New-York, Esquire, deceased, and the said Joseph S. Watkins, and John S. Watkins, and William S. Watkins, George S. Watkins, Charles S. Watkins, Frances Susannah Watkins, late Bostwick, Joseph Nelson, and Elizabeth his wife, William Gosman, and Harriet his wife, Sarah Watkins, and Ann Watkins, which said Joseph S. Watkins, John S. Watkins, William S. Watkins, George S. Watkins, Charles S. Watkins, Frances Susannah Watkins, late Bostwick, Elizabeth Nelson, Harriet Gosman, Sarah Watkins, and Ann Watkins, are the only surviving children, and heirs of the said Joseph Watkins, deceased, and the said John S. Watkins, as guardian of the said George S. Watkins and Charles S. Watkins, who are infants, and Elizabeth Watkins, as guardian of the said Sarah Watkins, and Ann Watkins, who are also infants, have presented their petition to the legislature, subscribed by all of them: The said petition, representing in substance, that the said Joseph Watkins, in and by his last will and testament, by him duly made and published, and executed in such manner as to pass real estate, after making certain bequests to his wife, the above named Elizabeth Watkins, in lieu of her dower in his estate, and after divers other specific and pecuniary bequests, did direct, that as soon as conveniently might be, after his decease, all the rest and residue of his estate, both real and personal, should be fairly valued and apprised, in such manner as is for that purpose particularly stated in his will, and did therein order and direct his executors, as soon as conveniently might be, after his decease, to put out at interest, at six or seven per cent. per annum, upon sufficient land security, a sum of money equal, and amounting to one eighteenth part of the sum at which the said residue of his said estate should be so valued and apprised, for each of his daughters, that is to say, the above named Frances Susannah Watkins, (then Bostwick,) Elizabeth Nelson, Harriet Gosman, (then Watkins,) Sarah Watkins, and Ann Watkins, and Amelia Watkins, the interest of which sum was to be paid to each of them, respectively, during their respective natural lives, in half yearly payments, and the principal to the lawful heir, of each, upon their decease, respectively, and that the said testator charged his real estate with the payment of these and the other peculiar legacies; and further representing, that the said testator, in and by his said will, did give, devise, and bequeath to his sons, that is to say, the above named Joseph S. Watkins, John S. Watkins, William S. Watkins, George S. Watkins, and Charles S. Watkins, and James S. Watkins, and to their several and respective heirs and assigns forever, in fee simple, two certain pieces parcels of ground, with the improvements thereon erected a made, situated in the eighth ward of the city of New-York; the

one bounded easterly on Greenwich-street, southerly on Springstreet, westerly on Washington-street, and northerly on ground then, or late of Arthur Smith; the other bounded easterly on Washington-street, southerly on Spring-street, westerly on Weststreet, and northerly on ground then, or late of the said Arthur Smith, equally to be divided among his said sons, share and share alike, within two years, next after the decease of his wife: Provided, his youngest surviving child should then be of the age of twenty-one years, and in case his youngest surviving child should not then be of that age, then the said two pieces or parcels of ground and premises should be equally divided among his said sons, when his youngest surviving child should attain the age of twenty-one years: And further representing, that the said testator, by his said will, devised the rest of his estate, real and personal, to his said six sons, and to their several and respective heirs, executors, administrators and assigns, forever, equally to be divided between them; that the testator appointed the said Joseph S. Watkins, John S. Watkins, and George Wragg, the executors of his said will, and empowered them to sell his real estate, except the two above mentioned pieces or parcels of ground, and a certain house and lot of ground in Spring-street, devised to his wife and daughters; and further representing, that the above named Amelia Watkins died in the life time of the testator; and that the above named James S. Watkins, hath departed this life since the death of the testator; and that, both the said James and Amelia, died intestate, and without issue: And further representing, that all the petitioners are of full age, except George S. Watkins, Charles S. Watkins, Sarah Watkins, and Ann Watkins; that the above named John S. Watkins, hath been duly appointed by the surrogate of the city and county of New-York, the guardian of the said George and Charles; and that the above named Elizabeth Watkins, hath been duly appointed, by the said surrogate, the guardian of the said Sarah and Ann; and further representing, that the said estate of the said testator, hath been valued and apprised in the manner directed by the said will; and that the said executors are utterly unable to comply with the directions of the said will, in relation to the investing the five sums of money, for the surviving daughters of the said testator, as they have disbursed all, or nearly all the monies which have come to their hands, as executors, in the payment of the debts, and funeral expenses of the testator, of part of the legacies and annuities given by the will, and of the share devised to Amelia, the daughter of the testator, (whose share having lapsed, by her death, during the life time of the testator, at was agreed, among all the petitioners, that her said share should be divided among the mother and the surviving brothers and sisters,) and that although there are debts due to the estate of the testator uncollected, and some property, still undisposed of, which the executors are authorised to sell; yet that the debts and legacies, due from the said estate, independent of the said sums to be invested for the daughters of the testator, exceed the probable amount of such uncollected debts, and unsold property and further renresenting, that the petitioner, Frances Susannah Watkins, late Bostwick, did, on the sixteenth day of August last, obtain an orer from the honorable court of chancery, of this state, requiring