that a sale of the said lands will be mutually beneficial to all the par ties interested: Therefore,

II. Be it further enacted, That it shall and may be lawful for the said Sylvester Dering, Thomas S. Lester and Mary C. L'Hommedieu, the survivors and survivor of them, to enter into articles of agreement, with any person or persons, for the sale of all or any part of the said lands, upon such terms, credits and conditions as they shall deem most advantageous to the rights and interests of all the parties interested therein; and that the said Sylvester Dering, Tho'mas S. Lester and Mary C. L'Hommedieu, the survivors and survivor of them, shall and may, under the direction of the chancellor of this state, execute conveyances to the purchaser or purchasers, contractor or contractors, his or their heirs and assigns, for the land so sold or contracted for, upon receiving the purchase money or sufficient security therefor; and that the money arising from the sales of such lands, or the securities to be taken for the purchase money, be paid or delivered over to the parties interested, or their legal representatives, in such manner and in such proportions as the chancellor may order and direct.

CHAP. CCXC.

AN ACT providing more effectually to ascertain and determine the true value of real estates within this state, and for other purposes.

Passed April 15, 1817.

I. BE it enacted by the people of the state of New-York, represented in senate and assembly, That it shall be the duty of the as- Asseurs sessors of every town and ward within this state, between the first duty. day of May and the first day of July next, and annually thereafter, to make a just and true valuation of the real and personal estates within their towns and wards, respectively, according to the rules and directions prescribed in and by the second and forty-second sectiens of the act, entitled " an act for the assessment and collection of

taxes."

II. And be it further enacted, That the supervisors of the several counties within this state, shall, at their annual meeting in Octo- Supervisors ber next, and yearly thereafter, after examining and equalizing the duty. valuations of the real estates in their counties, respectively, according to the directions of the fourth section of the said act, if they find the aggregate of the said valuations of real estates in their counties respectively, to fall short of such aggregate as lately taken and corrected under the authority of the United States, add such a per centum to the valuations taken under the authority of this state, as to make them equal to the said valuations taken under the authority of the United States.

III. And be it further enacted, That it shall be the duty of the clerks' daty. clerks of the boards of supervisors, respectively, after the valuations shall be corrected as aforesaid, to make out and certify a statement thereof, shewing the aggregate amount of real and personal estates

Statement of valuations.

Copes of

Reis.

Act' relative to towns.

Section re pealed.

separately, in each town or ward in their counties respectively, and transmit the same by mail to the comptroller of this state.

IV. And be it further enacted, 'That it shall be the duty of the comptroller, at the expense of this state, to procure, if the same can be done, a statement or statements of the aggregate of the valuations of real estates in the several towns and wards within this state, as lately made out and corrected under the authority of the United States; and from such statements to make out, for the use of the boards of supervisors of the several counties within this state, a statement for each board of the aggregate valuations of real estates in the several towns or wards within their counties, rerpectively, and to transmit the same by mail to the clerks of the said boards of supervisors, respectively, to be by them laid before the boards of supervi sors, respectively, at their next annual meeting.

V. And be it further enacted, That it shall be the duty of the comptroller, forthwith and annually hereafter, in the month of April, to transmit by mail to each county treasurer within this state, a number of printed copies of the acts relating to the assessment and col lection of taxes within this state, sufficient to furnish the several officers chosen for the assessment or collection of taxes each with one copy; and the said county treasurers, respectively, shall, after retaining one of said copies for his own use, sransmit an equal number of the residuary copies to the supervisors of the respective towns or wards in his county, to be distributed amongst the town or ward officers charged with the duties relating to the assessment or collection of taxes.

VI. And be it further enacted, That the twenty-second section of the act, entitled " an act relative to the duties and privileges of towns," passed March 19th, 1813, shall only extend to such farm or farms as may be intersected by the division line between towns lying in the same county, and not to any farm or farms intersected by the division line of towns in different counties.

VII. And be it further enacted, That the third section of the act, entitled "an act for the assessment and collection of taxes," be and the same is hereby repealed.

CHAP. CCXCI.

AN ACT to amend the act incorporating the fourth company of the great western turnpike road.

Passed April 15, 1817.

BE it enacted by the people of the State of New-York, repre sented in Senate and Assembly, That the annual meeting of the said company, shall hereafter be on the second Tuesday in June; and the toll on a horse and rider be reduced from six to four cents, and a led or driven horse three cents, a one horse waggon six cents, and a one horse sleigh four cents, for every ten miles; and the words "public worship," as used in the act which this is intended to amend, is hereby declared to extend only to those going to and from the place of public worship to which they usually resort, within ten miles of their place of residence,

CHAP. CCXCII.

AN ACT for the relief of David Berner and William Borst.

Passed April 15, 1817.

BE it enacted by the people of the State of New-York, represented in senate and assembly, That the comptroller may take from David Berner and William Borst, such security as shall be deemed satisfactory to him, for the sum of eleven hundred and twenty-five dollars and thirty-six cents, with interest from the first day of June, in the year one thousand eight hundred and thirteen, payable in eight equal aunual instalments, with interest on the whole sum annually; and that the attorney-general, on receiving a certificate that such security has been given, shall to that amount discharge the said David Berner and William Borst from the judgment and execution against them, at the suit of the people of this state, on a bond given by Harmanus Bouck aud Jeremiah Brown, former commissioners of loans for the county of Schoharie, with the said David and William, and others, as sureties, on their paying the costs on such judgment and execution.

CHAP. CCXCIII,

AN ACT to incorporate the Huntington and Smithtown turnpike

company.

Passed April 15, 1817.

I. BE it enacted by the people of the State of New-York, represented in senate and assembly, That Silas Wood, Abel Ketcham, Associates, Charles H. Havens, Jacob Harned and Walter Jones, and all such others as shall associate with them to make a good and sufficient turupike road, to begin at Smithtown, at the head of the river or oute. Philip's Mills, running from thence westerly, on or near the post road, to the house of Gilbert Carll, in said town; from thence to or near the house of Oliver Carll; from thence to or near the house of Samuel Wood; from thence on the most eligible route, until it meets the Jericho turnpike road, at the eastern line of the town of Oyster-Bay, near the house of Obadiah Valentine, in Queen's county, shall be and are hereby created a body corporate and politic, in fact and in name, by the name and style of " the president, directors and company of the Huntington and Smithtown turnpike company," and by that name they and their successors shall have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, auswering and being answered unto, defending and being defended, in all courts and places whatsoever, and in all manner of actions, suits com- Privileges. plaints, matters and causes whatsoever, 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, that such estate so to be purchased and held, shall be ne- Provice. cessary to fulfil the objects of the said corporation, and to no other purpose whatsoever,

Style.

Road four

rods wide.

Stork.

II. And be it further enacted, That no part of the road to be made by virtue of this act shall be less than four rods wide, and that the bedding of said road shall not be less in breadth than thirty feet, any thing contained in this act or any law to the contrary notwithstanding.

III. And be it further enacted, That the capital stock of the said соmраnу shall consist of eight hundred shares of twenty-five dollars a share; and that Silas Wood, Abel Ketcham, Charles H. Havens, Jacob Harued and Walter Jones, shall be and are hereby appointCommission- ed commissioners to receive subscriptions for the said stock, in the manner directed in and by the act, entitled "an act relative to turnpike companies," passed March 13, 1807.

IV. And be it further enacted, That if after the said eight huodred shares shall have been appropriated by the president and directors of the said company, in making and completing of the said road, and the gates and toll houses on the same; and if the sum so appropriated shall be found inadequate to the aforesaid objects, then and in such case, it shall and may be lawful for the president and directors of the said company, in order to complete the said road, to increase the stock of the said company, and call upon the stockholders to pay a further sum to be appropriated in an equal ratio, not exceeding five dollars upon each and every share of the sand stock.

V. And be it further enacted, That the before mentioned Silas Wood, Abel Ketcham, Charles H. Havens, Jacob Harned, and Walter Jones, shall be and hereby are appointed commissioners to lay out the road directed in and by this act, subject to the directions, regulations and restrictions in all respects as are prescribed and contained in and by the aforesaid act, entitled an act relative to turn pike companies," herein before refered to, and execute all the duties, matters and things therein mentioned, as fully as if the above named commissioners had been appointed in the manner directed in and by the act herein before refered to.

VL And be it further enacted, That the company hereby incorporated, shall be entitled to exact and receive at each of the two gates, one of which shall be within one mile of the house of Jeffery A. Woodhull, of Huntington, and the other within one mile of the east end of the Jericho turnpike, to be erected on said road, from every persou using the same, for any number of miles not exceeding ten in length of the said road, the following sums of money, and so in proportion for any greater or less distance, that is to say-For every score of sheep or hogs, twelve and an half cents; for every score of cattle, horses or mules, fifteen cents, and so in proportion for a greater or less number; for every horse or mule and rider, or led horse or mule, seven and an half cents; for every chair, chaise, gig or sulkey, drawn by one horse, fifteen cents, and for every additional borse, seven and a half cents; for every coach, coachee, chariot, phaton or curricle drawn by two horses, thirty-seven and an half cents, and for every additional horse, seven and a half cents; for every cart, stage, waggon or other four wheeled carriage, not before mentioned, drawn by two horses, mules or oxen, twelve and an half cents, and for every additional horse, mule or ox, six cents; for

every cart, waggon, sleigh or sled, drawn by one horse or mule, seven and an half cents; for every sleigh or sled drawn by two horses, mules or oxeu, nine cents, and for every aditional horse, mule or ox, four cents and a half: Provided always, nevertheless, that the president and directors of the said company may commute with any person or persons for the privilege of using the said road by the year, or for any less time.

Penalty for without pay ing toll, &c.

passing gate

VII. And be it further enacted, That if any person shall pass either of the said gates, on the said road, (excepting such persons as are travelling to and from public worship) without paying tell, upon pretence of being exempted therefrom, under the act before refered to, every person so offending, shall, for every such offence, forfeit and pay to the aforesaid company, ten dollars, to be recovered in an action of debt by the treasurer of the said company, in his own name, in any court having cognizance thereof: And if any person claim- Penalty for ing an abatement of toll, shall give false information to the collector abatement of of tolls, of the distance he or she has travelled on said road, every information. person so offending, shall forfeit for each offence to the said company, five dollars, to be recovered in an action of debt by the treasurer, in his own name, in any court having cognizance thereof.

claiming an

toll on false

VIII. And be it further enacted, That the company hereby in- Privileges. corporated, shall have and enjoy all the rights, privileges, powers and immunities which are given and granted in and by the aforesaid act, and shall be subject to all the conditions, provisions, restrictions and regulations contained in the same, saving and excepting where the same are contrary to the provisions of this act.

CHAP. CCXCIV.

AN ACT relative to the eastern branch of the Schoharie turnpike road.

Passed April 15, 1817.

WHEREAS it has been represented to this legislature, by the petition of the president, directors and company of the eastern branch of the Schoharie turnpike road, under their corporate seal, that it would be of public and individual benefit, to allow the president and directors, for the time being, to sell or dispose of the said road in whole or in sections to the number of their toll gates: Therefore,

Preamble,

Directors

BE it enacted by the people of the state of New-York, repre- Directe sented in senate and assembly, That it shall and may be lawful for turnpike the said president and directors to sell the turnpike road of said com- road. pany, and under their corporate seal, to convey the same: Provided, four fifths in amount of the stockholders shall, in writing, signify their assent to such sale, and the said sale may be made in one entire parcel or in not more than three portions, each portion to contain ten miles of road and one gate.

proceeds to

II. And be it further enacted, That the money which the said And apply president and directors shall receive upon the sale of the said road, pay debts. shall be applied by them to the payment of the debts due from said company, in equal proportions, according to the amount of their res