IN ASSEMBLY,

January 28, 1834.

REPORT

Of the select committee, on the act to amend article second of title second of chapter thirteenth of part first of the Revised Statutes.

Mr. Marvin, from the select committee to whom was referred the bill to amend article second of title second of chapter thirteenth of part first of the Revised Statutes,

REPORTED:

That it is made the duty of the assessors in each town in this State to designate the non-resident lands within their respective districts, in their assessment roll, by name, if known by one, or to state the other lands by which it is bounded, and to set down the quantity of land liable to taxation.

They are required to ascertain, if possible, the subdivisions of the different tracts, and if a part of any tract is not liable to taxation, to give a particular description of it.

If they are not able to procure such description of lands, a part of which is exempt from taxation, it is made the duty of the supervisor of such town, upon the application of the assessors, to cause a survey of such lands to be made, for the purpose of ascertaining the situation and quantity of the same.

The supervisor is also required to have such non-resident lands surveyed as are divided by a town line, at the request of the as

sessors.

These two are the only cases in which the supervisor is authorised to procure the survey of non-resident lands.

It is the duty of the county treasurer annually to transmit to the Comptroller a list of the non-resident lands, upon which the taxes remain unpaid; and if they are assessed upon lands so imperfectly described that the same can not, in his opinion, be located with certainty, the said taxes are to be charged to the county.

If an accurate description can not be attained by the assessors, then the arrears of such taxes, so unpaid, are to be levied on the valuations of the real and personal estates of the town in which the said lands are situtated.

The committee find, upon an examination of the article proposed to be amended, that there is no provision made for the survey of such non-resident lands as are entirely located in one town, unless a part of the tract happens to be occupied or is exempt from taxation.

They have been informed also, by the Comptroller, that the description of such lands is frequently so imperfect that it would be unsafe to attempt to locate them with accuracy; and that the consequence is the county in which the lands are situated is charged with the unpaid taxes; so that it eventually results in the release of the owners, and the payment of the taxes by the town.

The act under consideration supplies this provision.

The committee are of the opinion that the town ought not to sustain the expense of procuring such surveys: and therefore recommend the passage of the said bill, with such an amendment as will add the said expense to the ordinary tax upon the land.

IN ASSEMBLY,

January 27, 1834.

REPORT

Of the committee on claims, on the petition of Polly De Ferriere.

Mr. Ingalls, from the committee on claims, to whom was referred the petition of Polly De Ferriere, praying for damages occasioned to her lands in consequence of the overflowing of water from the Erie canal,

REPORTED:

That the petitioner states that her husband, Angel De Ferriere, died seised of lots No. 2 and 3 of the tract purchased of this State, situated in Lenox, in the county of Madison: That she is administratrix of the estate of her husband: That the Cowassalon creek runs through the said lots, and is used as a feeder to the Erie canal: That owing to the increased elevation of that section of the canal, the waters of the creek are much elvated above their usual level, in consequence of which they set back into the said lots to a very considerable extent; so much so as to render a large portion of the lands entirely unfit for agricultural purposes, and also greatly to the injury of the timber growing thereon, which appears to be in a rapidly decaying condition. The petitioner further states, that she has applied to the Canal Commissioners on the subject, and they have declined acting upon it on the ground that the legal time for making such application had expired; and that the Canal Commissioners have referred the same to the Legislature. All the petitioner asks is, that the Canal Commissioners have power to adjust and settle the claim.

Your committee entertain strong doubts, whether she was enti tled to these damages in her character as administratrix, but one of the heirs appeared before us, and assured us that the application was made by common consent of the heirs, and also under the advice of counsel. Your committee have come to the conclusion, that upon the merits of the application the petitioner is entitled to relief; and for the purpose of guarding against any subsequent claims of the heirs for the same damages, the committee have provided in the bill which they now ask leave to report, that upon payment of the amount of the damages, the heirs also shall unite in discharging all of their claims to the same damages against the State, for the same injury.

IN ASSEMBLY,

January 25, 1834.

FIRST REPORT

Of the Trustees of the Greenwich Savings Bank, for the year 1833.

Pursuant to the provisions of an act, entitled "An act to incorporate the Greenwich Savings Bank," the trustees now beg leave to present their first

REPORT, AS FOLLOWS:

First. That the trustees have received from eight hundred and eighty-three depositors, from the first of July, to the thirty-first of December, 1833, the sum of seventy-eight thousand and ninetynine dollars and nine cents, in the following manner:

of which number 500 are new accounts opened with the bank, and 383 are re-deposits,

Second.

883

That the sum of seven thousand, one hundred and eleven dollars and twenty-five cents, has been drawn out by one hundred and seven depositors. Of this number, thirty-four have closed their accounts.