after to be holden in the town of Chazy, shall be held on the first Tuesday of March annually; and that such town officers, whose duty it was to meet on the last Tuesday of March, shall meet on the last Tuesday of February, to do and transact such business as to their respective offices may appertain. Preamble. Further preamble. Further preamble. Further preamble. 250dlls. to be paid to E. Farnham. CHAP. XLII. AN ACT to amend an act, entitled "An Act for the relief of Passed February 29, 1820. WHEREAS by an act of the legislature of the state of NewYork, passed April 12th, 1819, Nehemiah Huntington, Sylvester Beacher, and James Nye, of the county of Madison, were appointed commissioners to examine into the claims of Elisha Farnham, upon the said county of Madison, and were directed to report to the supervisors of said county at their next annual meeting : And whereas the said commissioners did report to the said supervisors, at their next annual meeting, that the said Elisha Farnham was entitled to two hundred and fifty dollars : And whereas the supervisors of said county were, by the said law, authorised to raise by tax on said county, such sum as the said commissioners should so report, in case the said supervisors should think the estimate of said commissioners a reasonable one : And whereas the said supervisors did refuse to raise by tax any part of the said sum of two hundred and fifty dollars: Therefore, BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the said board of visors of the county of Madison, are hereby authorised and required to raise by tax, two hundred and fifty dollars, at their next annual meeting, as the other contingent expenses of said county are assessed, levied and collected, and cause the said sum of two hundred and fifty dollars to be paid to the said Elisha Farnbam, by the tenth day of February, one thousand eight hundred and twenty-one. super Preamble. CHAP. XLIII. AN ACT for the relief of the Infant Children of Aert Middagh, deceased. Passed February 29, 1820. WHEREAS Losee Van Nostrand, the guardian of Magdalen Middagh, Sarah Middagh, and Cornelia Middagh, the infant children of Aert Middagh, late of the village of Brooklyn, in the town of Brooklyn, in the county of Kings, deceased, has, by his petition, represented to the legislature, that the said infant children are seised in fee of considerable real estate, situated in the said village of Brooklyn, descended to them by the death of their late father, the 小 said Aert Middagh, and also by the death of their grand father, the late John Middagh, deceased: That during the life time of the said late John Middagh, and also during the life time of the said late Aert Middagh, leases were inade and duly executed by thein, at different times, to sundry persons, for certain parcels and lots of the said real estate, for a term of years, with covenants therein contained, and amongst others, that all buildings and improvements made and erected on the said demised premises, by the several tenants, should be fairly valued and estimated at the expiration of the said respective terms, and it should then be optional with the said John Middagh, and Aert Middagh, their heirs, executors, administrators, or assigns, to pay such appraised valuations, and thereupon take the said buildings and improvements to themselves, or otherwise renew the said leases for a further term: That several of the terms granted in and by the said leases, are soon to expire, and that the said infant children are not possessed of adequate funds, or other personal property, sufficient to discharge the said appraised valuations, as may from time to time be required, and that for the better maintenance and education of the said infant children, and to render the said real estate more productive of revenue, it has become necessary to obtain the interposition of the legislature, to authorise the guardian or guardians of the said infant children, to renew the aforesaid leases; and to lease the remaining part of the said real estate, until the youngest of the said infant children shall arrive at lawful age, so as to render the covenants entered inte by the said guardian or guardians, obligatory on the said infant children, their heirs, executors, and administrators; and also, if deemed more beneficial, to pay the appraised valuation of the said buildings and improvements, than to renew the leases thereon, further to authorise the said guardian or guardians to sell and dispose of as much of the said real estate, of the said infant children, as will be sufficient to discharge such appraised valuations, under such restrictions and directions as may prescribed : be And whereas the prayer of the petitioner appears to be reasonable Therefore, To make Jea I. BE it enacted by the People of the State of New-York, Power to rerepresented in Senate and Assembly, That it shall and may be new leases. lawful to and for the guardian or guardians of the said infant children, if deemed advisable, at the expiration of the present terms of the several leases made and executed by the said John Middagh, and Aert Middagh, as aforesaid, to renew the same upon such terms and conditions as are expressly mentioned and contained in the said several leases, or upon any other and further terms and conditions as can or may be agreed upon: And also that it shall and may be lawful, to and for the said guardian ar guardians, to ses. let and demise all or any part or parcel of the real estate of the said infant children, by indenture or indentures of lease under his or their hand and seal, or hands and seals, to any person or persons, and upon such terms and conditions as the said guardian or guardians shall judge proper: Provided, That the term or terms grant- Proviso. ed by the said guardian or guardians, do in no case, under this act, extend beyond, and are made determinable when the youngest of the said infant children shall arrive at lawful age, which will Guardian to account. Leases to be valid. Application to surrogate of Kings. His power. be on the eighteenth day of April, in the year of our Lord one thousand eight hundred and thirty-four: And also so that upon every such indenture or indentures of lease, there shall be reserved and made payable, during the continuance thereof, the best improved yearly rent that can be reasonably had for the same. II. And be it further enacted, That it shall be the duty of the said guardian or guardians, to account with the said infant children for all such rents received by him or them, and in what manner expended, if such expenditure has become necessary, when the said infant children shall arrive at lawful age, or otherwise to render a just and true account thereof to any court having cognizance of the same, when thereunto required. III. And be it further enacted, That every and all indenture or indentures of lease, renewed, made and executed by the said guardian or guardians, pursuant to the first section of this act, and all covenants, stipulations and agreements, entered into by the said guardian or guardians, in such indenture or indentures of lease, for and on behalf of said infant children, shall be binding and obligatory on the said infant children, their heirs, executors and administrators, in the same manner as if the said indenture or indentures of lease had been duly made and executed by the said infant children, when of full age and without any legal disability. IV. And be it further enacted, That in case the said guardian or guardians of the said infant children, shall deem it more beneficial to the interests of the said infant children, to pay the appraised valuations of the said buildings and improvements, or any of them, as mentioned in the recital of this act, than to renew the said leases or any of them, and for such purpose should require the sale and disposal of any part or parcel of the real estate of the said infant children, it shall be the duty of such guardian or guardians, from time to time, or as often as may become necessary, to apply, by petition, to the surrogate of the county of Kings, setting forth in such petition, the nature, the grounds, and the reasons of the application; and the said surrogate shall thereupon make an order directing all persons having any immediate or remote interest in the real estate of the said infant children, to appear before him at a certain day and place, in the same order to be specified, not less than three nor more than five weeks after the day of making such order, to shew cause why so much of the real estate of the said infant children should not be sold, as will be sufficient to pay for the buildings and improvements specified in such petition, which said order shall be published in the public newspaper, (if any) printed in the county of Kings, for three weeks successively, and in case no newspaper shall, at the time of making such order, be printed in the said county, then the said order shall be published by putting up written or printed copies thereof for the same length of time, in at least three of the most public places in the village of Brooklyn, in the said county. And the said surrogate shall, at the time and place specified in the said order,. or at such other time and place as he may then appoint, proceed, in a summary manner, to enquire into the merits of the application of the said guardian or guardians; and if he shall find the grounds of such application reasonable and proper, he may order and direct so much of the real estate of the said in fant children to be sold, as will be sufficient to pay for the apprised valuations of the buildings and improvements, mentioned in the said petition, together with the necessary costs and charges thereon: Provided, That the sale of any part or parcel of the real estate of the said infant children, under the order and direction of the said surrogate, shall be at public vendue. V. And be it further enacted, That all sales of any part or parcel of the real estate of the said infant children, made by an order of the surrogate of the county of Kings, pursuant to the provisions of this act, shall be made, and conveyances for the same executed by the guardian or guardians, applying for such order, together with such other discreet person or persons as the said surrogate may appoint, and the conveyance for the same shall set forth such order at large, and shall be valid and effectual against the said infants, and all claiming by, from or under them. Sales by sur rogate. where filed. VI. And be it further enacted, That all proceedings in rela- Proceedings, tion to the sale of any part or parcel of real estate, under this act, shall be filed and recorded by the surrogate of the said county of Kings, in his office, or such part of the said proceedings as the said surrogate may adjudge necessary, to show the origin and nature of the title of the purchaser or purchasers of the said real estate, pursuant to this act; and that the said surrogate shall be entitled, Fees of surfor his services, in ordering and directing the sale of such real estate as aforesaid, the same fees as are allowed by law in the case of the sales of the real estates of testators and intestates. VII. And be it further enacted, That before it shall be lawful for the guardian or guardians aforesaid, to renew any of the leases aforesaid, or to make any sale of the real estate aforesaid, or to do any other matter or thing, under this act, he or they shall execute a bond, to the people of this state, in such penalty and with such condition, and with such security, as the surrogate of the county of Kings shall require and approve of, to the end, that the rights and interests of the said infants may be protected, which bond shall be filed in the office of the said surrogate. rogate. Guardian to file bond. CHAP. XLIV. AN ACT to alter the time of holding town meetings in the town of Kingston, Ulster county. Passed February 29, 1820. Time of holding town BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the town meetings in the town of Kingston, in the county of Ulster, shall hereafter be meetings. held on the first Tuesday in April, in every year; and that all town officers, whose duty it is to meet on the last Tuesday of February, shall meet on the last Tuesday in March, in every year, to do and transact such business, as to their respective offices may appertain. interest sus CHAP, XLV. AN ACT relative to certain loans made to the sufferers on the Passed February 29, 1820. Payment of BE it enacted by the People of the State of New-York, repended to 1st presented in Senate and Assembly, That the collection of interFeb. 1821. est due to the people of this state, from the several persons to whom loans were made by the comptroller, under, and by virtue of the act, entitled "an act for the relief of the sufferers on the Niagara frontier," passed April 17, 1815, be, and the same are hereby suspended until the first day of February, in the year one thousand eight hundred and twenty-one, until which day, no further or other proceedings shall be had in suits brought to collect the said in terest. CHAP. XLVI. Albany coun from any part penses. AN ACT to amend the act, entitled " an act for defraying certain repairs made to the Capitol, in the city of Albany." Passed February 29, 1820. BE it enacted by the People of the State of New-York, rety released presented in Senate and Assembly, That so much of the said act of certain ex- as requires the supervisors of the county of Albany, to cause to be assessed and raised, the one third part of the amount of the expense of the said repairs, in the manner in the said act mentioned, and to pay the same into the treasury of the state, be, and the same is hereby repealed, Preamble. CHAP. XLVII. AN ACT to amend an act, entitled "an act for the relief of the heirs of Thomas Snell, Isaac Haffmeyer, and the executors of Humphrey Shearman," passed April 6, 1813. Passed February 29, 1820. WHEREAS Elizabeth Snell, the widow of Thomas Snell, deceased, and administratrix of the goods, chattels, rights and credits of the said Thomas Snell, snd Eliza Shell, John Snell, James Quick and Maria his wife, William Snell, Edwin Snell and Caroline Snell, and the said Elizabeth Snell, as guardian of the said William, Edwin and Caroline, who are infants, under the age of twenty-one years, have presented their petition to the legislature, representing, in substance, the application for, and the passing of the above mentioned act; and that the said Thomas Snell, deceased, at the time of his death, was seized of a small lot of wood land, containing about five acres, in the town of New-Rochelle, in the neighbourhood of the property of Mamaroneck, men |
