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' !(**•*> ' !l*a«l*t tlljl^' :::;i:'-r;;^-'.:..y^^ ■■jVij:,- ,,,f.._ -vV;.f^'<"^J-»t^,' < ! :,> i.' f ^j^ ■Vt*^ s ■• ' - % ' 1 .. , . - -. , -' -" < '''.'*■ s ■ 4 w OF THE LEGISLATURE OF THE E O F NEW Y O R K, IN FORCE AGAINST THE L O Y A L I ST S, AND >.,.', • AFFECTING the TRADE o F i;:.: .-■ «.'iv-- CJ R E A T BRITAIN, AND /v-y'-'- BRITISH MERCHANTS, AND OTHERS HAVING PROPERTY IN THAT STATE. Y', ■.■■;-y.; LONDON: ■ ^»- ,■ &-^ <5 Printed by H. Reynell, (No. 21.) Piccadilly | AND SOLD BY J. DeBRETT, OPPOSITE BuRLINtSTON* House; T. and J.Egerton, Charing-Cross; T. Whieldon, Fleet-street; W. Richard- son, Royal Exchange; and J, Nunih, Great Queen-street, Linco:^nV 4 , Inn-Fields. M.DCC.LX.XXVU .;V"fV i!i: -/ V- 1 tti^. 'U . -:^' V. t ■ r f ;•) >ri-T-^ 4. ■! 'i. \ •5 t> 1 i A -- • V* M*»* "*.* i J. ' - U^. .3'.t5 ■r-> ,.»- ' f ic f^ ■.f. i^J~i'i■.vyiigJr,■ ■^_..■,■- »*V^w.-r- »•>»,» '■to j:.^i.:'Ji: ( I / ' ( » J Iv Hr i/ il Vj lit* :?■< 1., AMERICA, by a folemn Treaty is be- come Independent ; an Objeft to which its ambitious Leaders had long afpired. With- out animadverting on the Motives or Means to obtain their Defires ; the Editor only wiflies, that their Juftice had been as confpicuous as their Ambition ; or, that they had at leaft manifefted a pifpoiition to obferve that Re- gard to public Faith, which has been thought eflential to the Eftablilhment of all New Syf- tems. But although the acquiefcence A Great Britain in granting the fame, was founded as well in an Oblivion of paft obnoxious Mea- fures on either fide, as a Reciprocity of Ad- vantages, yet fuch of His Majefty's Subjcdls, whether Natives of that Country or Refidents therein, who adhered to, and maintained their Loyalty and Allegiance to their Sovereign and the Britijh Government, have been puniihed by the Attainder of their Perfons, by Banifh- (Tfient^ ar^d by Confifcation of their Eftates, not oqly ^■:-^ r^ I l/-- I \ ■' I''' ' VI PREFACE. only during the War, but after the Arrival of the Preliminary Articles of Peace, which ex.* prefsly guarded againft fo injurious Proceed- ings; and even after the Ratification of the Definitive Treaty m Europe, of which the Con- grefs had fufficicnt Notification. . • - ft P^rEament therefore^ from Commifcration and Juftice fo fo highly injured and meritorious Subjects (whofe Property was made Part of the Purchafe of the late Peace) appointed Commiffionep* to cr^quife into the Loffes and Services of thofe, who, by their well-meant Endeavours and Exertions, in fupport of the Government and Conftitution of Gr£at Britain ^ ha'vc been reduced from Eaife and Affluence to l^overty and Diftrefg, in ord^r that adequate Gompenfation mny be nlade them : It is to be lamented, that Collections of the Laws of the feveral States relating to their ungenerous Treatment of this Defcription of Perfons, have not before this, been prefented to the Public; SIS -they Would not only have exhibited the moft iKiequivocal Proof of the Vindi^vc Spirit of rhofe New- Leginators,, but alfo jhcwn how jullly the Loyal ifts are etititled to the Attention of their fellow Subjcd:s, as being utterly de- prived of any other Refource. But as the difBculty of procurinp^ properDbcuments from fo^ diftant and extended a Country, renders it almoft impoffible for any Individual to make ftich Colledions, as have been thought' inime- diatdy neceffary, and in the hope, that Gen- rfemen fiom the other Provinces will, in de- tached Publications, contribute tp the Attain- ment ■:'>. aV'A.'i"". PREFACE. vH I ment of thcfe Ends ; the Editor, both to fet the Example, and confult other public Purpo- fes, has been induced to this Publication, The Gentlemen from Majfachufet*s Bay and \New Hampjhire have, it is true, publifhed fomc [of the Laws of thofe States. But in the State of New Tork, by the Laws now fubmitted to public Conlideration, the Trade of Great Bri- tain is aflfcdted, and Britijh Merchants and others, having Property in that State, are im- mediately interefted : And it may not be un- worthy of Remark, that the Commander in Chief of His Majefty*s Forces, the Governor of the Province, with other Officers in His Majefty 's Service, are among the Perfons named jn the Aft of Attainder, pafled the 22d of OStober, 1779; and that, befides the Perfons particularly named in that A6t, the Grand Jurors in the different Counties of the State, have, by their Indiftments, worked Forfei- jtures, and brought Mifery and Ruin on Thou- lands. '.'■.- ; , - ., -^ , (^ * t - -^ «.. . Were the Laws of all the States in the Union, palfcd before and fmce the Treaty of Peace fubmitted to public Confideration, it may be prefumed, that the Spirit of Emigra- tion, which has for fome time paft prevailed, would be at an end ; as thofe who think them- felves oppreffed in their native Country, would find Mifery and Diftrefs in an extreme Degree in that Land of Freedom and Independence^ fo highly recommended by the Advocates for America on this Side the Water, The .-■^ ' 1 /' tUi PREFACE, •^fHV The Editor has, in an Appendix, added the Definitive Treaty, and the Refufal of the Se- nate and Aflembly to ratify the Fifth Article, together with fuch other Extracts from the Journals of thofe two Branches of the Legifla- ture, as tend to Ihcw the Spirit that actuated them in paffing fome of thofe Laws, notwith- llanding the Objedtions of the Council of Re- yifion, (confining of the Governor, the Chan- cellor, and Judges of the Supreme Court) the third Branch of the Legiflature — as alfo fuch other Extrads as aflfedt ^ritijh Creditors. . T*he Editor begs leave further to obferve^ Firft, That thofe Parts of the fever-al Laws which have been omitted, relate only to the internal Police of the State, , , . ^ ,., . . Secondly, That the Treaty is infracted, not only by fucn Laws as have been paffed fince the Peace, but by the Non-Repeal of every one of thofe enadted during the War, and whic'i, to give the Treaty its intended EffeiS:, ought to have been Repealed ; for they have their Operation now in full Vigor, the People and fubordinate Magiftracy, being obliged to obey the Sovereignty of the Country in all the hoftile Adts commanded or authorized by their J^aws. )-,:i *\ I ■'*'•"* "sC^ 'V,V.''^. r J'.:. V -iv' v^-^t" , ;. . f J5Rw r \x 1 added the 3f the Se- h Article, from the e Legifla* t adluated notvvith- il of Re- he Chan- )urt) the alfo fuch itors. fervci pal Laws y to the ^ed, not ed fince pf every ar, and Effear, ey have People liged to i all the :)y their mm^^fvmf i ii i ! ■! < I - .-.II- *' ,..: ' { 'TTJfTy^T^T^ ^1 I » CONTENTS* ^•iii ««« f",A 4.A. Laws for attainting the Perfons, and forfeiting and difpojing of the Ejiates of the Loyalijls, • » * H V CHAP. XXV. ,/xN Aft for the Forfeiture and Sale o^ tht Eftatca of rerfons who have adhered to the Eriemies ^ of this State, and for declaring the Sovereignty of the People of this State, in refpeft to aU , . Property wuhin the fame. Failed the 2 2d of " Oftober, 1779. — — — ■■ ■ ■ Page . ,\' ■ •■ '•'■'' ''^' .'' «b H A P. .,M^ ■. ■ :■/■ ■'■■ Aft for feited , 1,782. the immediate Sale c EiUtts. Paired the >/" Part o;f the for- joth of March, • ' '. ' c ti A P. LXIV. a; An Aft, approving qi the Aft of Congrefs of the . 1 8th March, 1780, relative to the Finances of !^ , the United States, and making Frovifion for ,5 redeenaing the Proportion of this Srate of the ' Bills of Credit, to be enutted in rurfuance of t ' the fatd Aft of Congrefs. Failed the 15th o^ ' June, 1780. — — . — — id ""^N''v. ■'.-;■•. CHAP. XL i-'^i'l'r. ^■.. An Aft to procure a Sum in Specie, for the Pur- ., pofe of redeeming one fixth Part of the Bills - emitted on the Credit of this State, purfuanc . ii' /•v ...v. ,r/ l* * % CONTEND 1 * ... ;; fo the A6t of Congrefs of the i8th Day of March, i78o» for difcharging the Intereft of fuch Bills, and for other Purpofes therein men- ) tioned. Paffcd the 7th of Oftober, 1780. CHAP. XIII. " Ap A61 for the Amendment of the Law direfting the Sales of forfeited Lands. Pafled 7th O6to- ber, 1780. — *— • Page "rfW.^- C H A B. LI. Vv:f^.S,».j, f^'-' .«; ' ': ■ ,.;;Kt?. -rc^i! An A-Sl for the immediate Sale ol certain forfeited Eihtes. Pafled the 6th of April, 1784. \".''\:'0 G H A P. LXIV. An Aft for the Speedy Sale of the confifcated and forfeited Eftates within this State, and for other Purpofes therein mentioned. Paffed the 1 2th of May, 1784. —— w .. . CHAP, xxxiir. An A(Sl for the Ihdemnificatioii of the Commif- lioners of Sequellratiori, and the Commilfioners of Forfeitures, and the Leflees under them, and for other Purpofes therein mentioned. Paflisd March 14th, 1785. -— — — CHAP. LXVL An Ad tc facilitate the Settlemeftt of the wafte and unappropriated Lands within this State, and for repealing t"he Aft therein mentioned. Pafled the I ith of April, 1785. (ivhich by Mijiake is printed in the Body of the Jfe.'k iJJK') CHAP. jor 35 An Aft for the further Anien^lment of the Laws ^ direfting the Sales of forf^ted Eftates. Pafled - the 3 1 it of March, 17?!. — — — 39 '«•-• CHAP. XX. ''''''"' : 4f^ 4? 86 8; I CONTENTS. CHAP. XXXVI. / «, . . An Aft for the better fecaring the Independence of this State, and to that End, requiring all public Officers and Eledturs, within this State, ,. to take the Teft Oath therein contained. Paffed ^'-i Margh a6th, 1781, ip-.— — 90 C H A p. II. Si Ao A&. to abolifh Entails, to confirm Conveyances by Tenants in Tail, to diftribute Eftates Real, ^'■ of Intefiates, to remedy defeftive Conveyances to joint Tenants, and directing the Mode of fiich Conveyanges in future. Paired 12 th July, 1782. .-— ^ — 91 /• •f;;^: Laws refpeBtn^ Debts due to Loyaliftsm CHAP. I. A Page N" Adi relative to Debts due to Perfons within the Enemy's Lines. Pafled i?th July^ 1782. 9 J ■ .^,s-~y-:'C HAP. XII. :;ri..: An A£l to explain and a 1 0- or - le ■\ — 109 f^aws excluding Profejicnal Men from the Exer^ cife of their ProfeJ/ions, -Vvy. CHAP. XII. A Page N Aflt making it nccelTary for the Attomies, Solicitors, and Counfellors at Laur, who have "■■ been licenfed to plead or pra6Hce in any of the ' . Courts of Law or £quity, within the late Co- lony of New-Tork^ to produce Certificates of their Attachment to the Liberties and Indepen- Aeactoi America, PaiTed October 9th, 1779. 117 , , : . C H A P. XIIL An A£t to amend an A£l paiTed the 9th Day of Octo- ber, 1779, relative to Attornies, Soliqitorsy dnd Counfellors at Law. Failed aoth Novem- xao Laws refpe Sling Trefpajfes, fubjeEling the Loyalijls, and even Servants of the Crown, to Profecutions for A5fs done by them in the Difcharge of their Duty, under the Order of the Commander in Chief of his Majefiy's Forces, the Rights of Con' ^uejisy and the Law of Nations, CHAP. XXXL A Page N Aft for granting a more effe(5hial Relief in Cafes of certain TrefpalTes, Paifed 1 7th March, 178}, S22 CHAP. XL. An Aft for fufpending the Profecutions therein men- ?ioned. Pafled 21ft March, 1783. — — ia« ■CHAP. $^f CONTENTS. ' C H A P. LIV. A» Aft to wmcnd an At'^, entitled, <* An Aft fpr Relief againftabfponding and abfent Dehtoh^" ^nd to extend the Remedy of the Aft, entitled, ♦* An Aft for granting a more effeftual Relief in Cafes of certain Trcfpaflcs, and for other Purpofes therein mentioned." Palfpd May 4th, 1784. »-t-w Page I2J J^ws affeSling the Trade of Great Britain, hy impoJingDuties on ^ritijh Goods imported in tiritijhuottoms-^prejudicial to Britijh Creditors | and fubjeSling Britifi Merchants with others^ refident in the Southern DiJiriB of the State, to the payment of enormom Taxes impofed under pretext, that the fame were ^n equivalent far Taxes not levied in that Quarter during the ffor. A CHAP. VII. N Aft impofing Duties on certain Goods, Wares, and Merchandize, imported into this Sta^e.^^PfiiTcd the i8th of November, 1784. P H A ?, XXXIV, ^P Aft to explain and amend an Aft entitled, ** An Aft; imtjof.ng Duties on certain Goods, Wares, and Merchandizp imported into this State." . J'HlIfd tlie 1 8th oe November, 1784, (PalTcfl- the i5ihot March, 1785.) — - C M A P. LXVIIL Page >3i 133 \^ ^\^ Aft ^"anting a Bounty on Hemp to be raife^,,,.,^' * ^vithip this 8ta{,e, and impofing an additional '' ] ' ' . ■ Pvity r\^:iu\ '^*«, ti *'ftr i},fV prff-^,.?' 1 ; \*$>0>f'A M$' It :^. ■ } 1o.borll5n ATTAlNTIiro THE PERSOJJS; •- ., bin cJ sFffrioiq aril 3vcg ^nofirirt jnf ma inifn sril bs ban ^lOlho ^ih oiAjiHrniRw i3 ?.B ititjoij^bui crfh bns ^ano '^H(y»^PiW^W^^ btSPOriNG ":-^^f^^ baiiqqc ^ y/^b adt flat bnrj .vHqfndfi l :r;10.J^ocW3?i51'?d^:'^ ' ESTATES, op. THE. LOYALISirSii ^Ht ^; |ttS ':^^l «;ii dl < bt >ont:joa-)b *fH{?^'';!:Hji lu t U«y»i> Ji^oisd^^&irir ^mSjf;: . a'Nob baa qu ij:^x-ji:. 'v., Ji»xirni33ni sis ;v!&''- q 'lo Cofftidlf-'I'^r' XXV. j aidiffpdt 5uod;§rj6id:^ ■ * n 'Ah Anforifhe Fk^fikuteandSakofthe EJiaiii of Pef/om ti}h9.b/i^vf adhered to the Enemies of thf instate y and for declaring the Sove^ reigntf of the People of this State ^ in RefpeSi tq all P.r^erty within the fame, Pafled the WHEREAS ciiiring the prefent unjuft and cruelrWar^ waged ,by the King of GrM/-J?riV4/»,.a|^ainftthu State, and the other United Starcis'^of^iWfr/Vdr, divers Per- fons holding (;jt M^mi^giS^op^ty within this State, have yoWtarily been adherent to the faid King, hw^Pfeftw and Armies, Enemies to this State, iixid' tt^e^faid other United States, with Intent to fubvert the Government and Liberties of this State, and the faid other United States, and to bring the fame in Sub- jeAion to the Crown of Great-Britain ; By Reafdn whereof, the faid Perfons have fevc- rally juftly forfeited all Right to the Pro- tedion of this State, and to the Benefit of the Laws und«r which fuch Property is held Ml lYvrs : < I i '^Ihn ,'*- Preamble; "'^' " " ._ bal rJhh ol |..;T>-* ■ ■yA AlOli ...■D k^ '■€ ■: m / I \ t 10 1 .•./,:^ A Number of Per- /ons by Name, Jpjb Fa3o, attainted of the Offence of adhering to the Enemies of the State, and their Elhtes forfeited to tlic People of cliis State. ,.(.- . . .' I or claimed ; And i\jhereas the public JofffJcC iind Safety of thfs State abfoUitely require, that the moft: notorious Offenders iliould be immediately hereby convifted and attainted of the Qtfdnce afonefaid, in order to work a For- feiture of their refpeAive Eftates, ant} veft the fame in, the People of this State ; And whereas the Conftitution of this State, hath authorifed the Legiilature to pafs A(9;8 of At- tflirtrfer, for Crimea cortimitteS iJCfofe the Termination of the War : >J^- ^^' ^»^' -; ' ■^li^'^el'^-berefore ensiied hy the People of the Stale of 1 vViYofrk, nptefented in Senate and Ajjemhfyt ani it is hereby enaSled hy the Autho- rity of the famej That John Murray, Earl of DuHtttore^ formerly Governor of the Colony &( Niw^fari; William TryoA, £funty, Gen- tleman ; Abraham C. Cuyler, now or late of the County of Albatty* Efq, Robert Leake, Edward Jcfup, and Ebenezer Jefup, now or late of the laid County, Gentleman ; and peter Dubois, and Thomas H. Barclay, now or late of the County of Ulfttr^ Efquires ; Sufannah Robinfon, Wife to the faid Beverly llobinibut and Mary Morris, Wite to the faid Roger Morris; John Rapalje, oi Klngt County, Efq ; George Muirfon, Richard Floyd, and Parker Wickhara, of Suffolk Countj, Efquires ; Henry Lloyd the Elder, late ot the State of Majfachufats Bay., Mer«»« chant ; and Sir H«nry Clinton, Knight, be, and each of thtm are hereby feverally declared to be, Ipfo Fafio, convi^ed and attainted of the Offence afocefaid; ajiid that all and lingular the Ellate both real and perfoaal, held or claimed by them the faid Perfons feverally and refpetiively, whether in Pofleirion, Re*^ verlion, or Remainder within t^ia State, oii the Day of paiTuig.of thJsAj^^ Ihall be, and hereby is dedar^dj^^ 4?p jtorfeited to, and veiled in theP^9pl^if^;4i^{itutei ; e}rjitft>rH-fi aM^ ay. V. II. AndhjR'it^^ti^^hiT^iiaHedhy tht Authe- ■I f 'rk' fc-, ,i.l. 'j'.:i': . 'J / The faid Peifont out Benefit of Clergy* r/'(y - t •'*'?'- > •. -..i V . . B z And .!/■ [ " 1 For tlie Purpofe of attainting other Of- fenders. / Power to the Courts 'm And to the End^ Thit for the Purpof«? aforefaidf ConviiStions and Attainder for the Offence aforefaid, may in Purfuance of this Aft, be had againft other Offenders, than tho^ herein before particularly named ; ^ . iW^'^nhi 0ther enaBtd hy thi Authority hereinnamed,totake afore/hid. That it Thailand may be lawful itfroof^Grra ^H «-d JT'i ?!i- ?'^ ^r^ "^^^^^ Jurors to find BUls. °f Judicature, to be held it^ this State, or at f, . „ ,,, any Court of Oyer and Terminer and Gene- .{i' ■ ' >j: : ' ' ' ral Gaol Delivery, br General of Qdarter Seflions of the Peacerto' brtield iriflfldfor ;,any County of this State ; whenever it fliall appear tofuch Grand Jurors by the Oath of . . - p , one or more credible Witnefs, or Witneffes, eithcr^Tn full'^'^Lile t^at any Perfon or Perfons, whether in full or deccafed, in any ^jfe or deceafed, generally reputed, if in full County, without Re- Lite, to hold or claim, or if deceafed, to have Sard to that in which held or claimed, at the Time of their Death »e Oflt'ence was com- refpedtively, real or perfonal Ef ate within jnitted. ^^^ j.,-^ this State, hath or have been gtfilty^ of the : > •> t/^ f - A^ iAitf^pber enacttdoy the Authority fl/(;r£/Vi«'i ,T^at in every Cafe of a Negltd to appear, apd ,traverre agreeable to the Sheriffs Notice, thefeveral Perlbns charged in fuch In- didinent, whether in full Life or deceafed, (hall refpedively be, and are hereby declared to be, ment, whether in full and (hall be adjudged guihy of the Ofiences ^'fe or deceafed, to charged agaiuft them refpeaively. And the ^^ adjudged guUty. feveral Perfuns who (hall in Purfuancef lof this Ad, either by R,cufon of fuch Default, in not ' "*> appearing and traverfing as aforefaid, of upon Trial, be convidled of the Offence aforefaid, Forfeiture thereon^ fliall forfeit ?ill and ftngular the Eftate, both real or on ConviiUon oa and perfonal, whether in Poffeflion, Rcverfion Traverfe. !.:•-. or Remainder,^ held or claimed by them ref- ' • '' pedively, within this State, to the People of this State ; and Judgment (hall accordingly be awarded in the Supreme Court of this State, againft th^ faid Perfons refpeftively. And fuch Forfipituires, as well of the Eftates which were attlje fime of their Death, refpe6tively, of Perfons decipaft^, , as <^f perfons in full Life at the Time oit Convioricm, fliall be deemed to have accrye^^j^nd the' Eltates accordingly at- tached to aj;ija,^^^ed in the People of this State, as and fror^.|t^^^ypay charged in each refpei^tive Indidtmenc, , ^oft 4^{(ant from the day of the taking thereof. ' / Provided nevertheiefsy That where a Trial ftall be had upon any fuch Indictment, the Forfeiture (hall in fuch Cafe, be deemed to have accrued from the Day to be found by the Verdid of the Jury, by which fuch Perfons ib»ll be refpedtively convided, molt diilant from the Judgment accord* ingly in the Supreme Court, and how For- feitures (hall be deem, ed to have accrued^ attached and veiled. Provifb. How For- feiture (hall be deem- ed to have accrued by Conviction on Trial. , \ i FroTifo. In Favor efPcrfons pardoned, by whom, and liow Benc^ of Panluni to be had. i. , ^ 'r . I'l.i'. r> 1 ■!•>.. , ■"? ;'::-U ■ i; . ^ -),-, r' i'. r;Cv.'.x-'% s' ,. ■<'. , tVovifo. In Favor of tliofe who fliall have taken the Oath and how to operate. All Indiftmcnts on this Law, taken in the other Courts, to be re- turned by the Clerks intp the Supreme Court, and tried at the Bar ot that Court. - C u 1 the Day of the taking of the ImllAmcnt { iny other Day to be charged in the Indiclmrnt not» withftanding. And provided farther ^ Ihat th« feveral Per(ons who (hall have been pardoned ia riuluance of a Declaration or Ordinance, of thw Convention of this St?'^, pafTed the tenth Day of May, in the Yenr ot our Lord One ThoU'» fand Seven Hundred and Seventy Seven, oflfer-f ing free Pardon to fuch of the buhjcifts of tho faid State, as having committee! tteaionabU Acf^i againft the fame, fhould return to their /Alle- giance ; or in Confequtnce oi atijr Proclamiti-. on or Pioclamations, heretofore illlied by th« Commander in Chict of the Army of the United States of America \ may refpedively plead their Pardons to Indictments, taken in JPurfuancc oi this A6t, in like Manner as they might or could do to Indic'tments tor Hijjh Trenfon, taken in the ordinary Courfeof Law. And provided farther^ That each and every Perfon, who fliall at any Time before thft fourth Day of April, in the Year of our Lord One Thoufand Seven Hundred add Seventy- Eight, have taken the Oath of Allegiance ro this State, before the Convention or Councils of Safety of this State ; or before the Com- mittee of the faid Convention, appointed for enquiring into, detecting and defeating all Confpiracies, which n\ay be formed in thi» State, againft the Liberties of America ; or the Commiilioners appointed for the like Purpofc^ or a County, Diili^dt or Precindt Committee j fliall and may plead, fuch taking the Oath of Allegiance in Bar to any Indl^;^^nt, to be ta- ken in Purfuance of this A'l^^.fQjr Pjfences com- mitted before the Day o^ iyh^lv,^)^hey refpec- tivclv tpfi^k fuch path. '. r^. ,^„5v j .v, VI. And he it further enaiie^ty the Authority afore/aid^ That all Indidments to be from Time to Time, taken in Purfuance of this Ait, at any Court of Oyer and Terminer, or GeneW ral Gaol Delivery, or General or Qiiarter Sef-«i fions of the Peace; fliall by the Clerks of the faid Courts, refpe£tively be returned, under their refpedtive Hands wd S^ls, in(o the Su.% .. .. prenie :, t 'J J j»r*tne Court of this State, and ilwll be tried at the Brtr of the fiiid Court ; and upon the 1 rial o( any fuch Indi(5^mcnt, no greater Number of Witnefles Ihall be required, than are required by Law in Cafes of Felony, without Benefit oi Clergy, VII. AhJ be it further enaHcd ly the Autho- rity af or efaid^ T^Xx the fcveral Sheriffs, fliall from Time to Tirne, refpediively, return under their Hands and Seals, into the Supreme Court of this State, the fe vcral Numbers of the News- papers, coQt^ining the. Notices publiflied by them rciue^ivcly, there to remain as Records of fuch Notices, until Juugments fliall be had againfl the feveral Ferfons, named in fuck No- tices refpettively . j^^ i ^ „u i^jjqa, On fuch Trial t» fjreater Nuralier o€ VVitncflM neccfliry, than in CmTcs of Fe- lony. Sheriffs from Txaa^ to Time, to return ta the Supreme Court,i the Numbers of die News Papen.in which theirNonceslhall have been pul>li(he(l, there to remain as Records tili Judgment. * * •.V,' ),!>. ••t 1 1 -» M.. Andta the End, That in ProfeeutiMi^foi- the Offence aforelaid, in Purfuauce of this A6t, no Advantage may be taken of mere Matters of Form ; and that the Defendants may not'vith- ilanding be fully apprized of ihe feveral Matters charged agaioll thein, in Order to their De- fence ; jii) a^qwti, ^^-^s'^^^^ • v •; ^ ^;;-;i ^j.. ^ VIII. keit j\irihirtnaSie,Hy tJje Authority aforefaidy That it Ihall be fufficient in all ln« didhnents to be taken for the Offence afore- faid, in Purfuance of this Adt, to Charge ge- nerally ; that the feveral Ferfons therein charged, did otr tjh'<^' fefveral Davs, and at the feveral Places tbitelrfHeh^ioned, adhere to the Er-^mies of thisSMteV'and the Grand Jurors (hall at the Timd'tti'ey deliver any fuch Indict- ment into Court, deliver into Court the Exa- minations or Depofitions of the Witnefs or Witneffes, upon whofe Tcftimony fuch In- diftment was found, to b filed in Court, to- gether with the Indi6lment j and the De- fendants fliall refpeitively upon Application, be entitled to Copies of the Indi(ftments againtl them refpedtively, and of fuch Examinations or DcpofitTons ; and the Profecutor on the Part oi the State, ftall not upon the Trial, be per- To prevctit Advan- tages for Defe^ of Form. It fhall be fuflicienc to charge generally in the Indiftment, an Adherence to the Ene- my, fixing the Days and Places. The Grand Juror* on Prefcntmcnts to deliver into Court tlic Examinations of tlic Witnellcs. Defendants ihall have Copies ot Indidt* ments and ExamtoA- tions. ) 'i C i6 ] ,( y Profecutor on trial, not permitted to give other Evidence than what is contained in the Examinations. The Clerks of the other Courts to re- turn . the Exaniina- ^ons as well as the Indj£lmerts, into the Supreme Court. What overt A£l» ihall be deemed Evi- dence of Hij^h T ;a- foo. ^ '.; '.;'.*. ^;.. 'V- pefmltted to give Evidenpe of any o\ert Aftsj other than fuch as Ihallte charged in fuch Ex- aminations or Depofiiions ; and the Clerks of the feveral Courts of Oyer and Terminer and General Gaol Delivery, and General or Quar- ter Seflions of th? Peace, (hall return fuch Ex- aminations or J5cpofitions into the Supreme Court, ^o like Manner as is herein before di- reded, with refpedl to Indidttjicnts, taken at the Courts of Oyer and iC(;it*|nin" Adherence to the Enemies of this State, arid ,. High Treafon againft the People thereof, had -; : fuch Perfon or Perfons refpeftively, Volunta- rily and Freely, and without any fuch Caufe ' as aforefaid, returned within the rower of the Enemy. In which Cafe, fuch Return within the Power of the Enemy, and fuch A(ft or Thing as aforefaid, ihall m Judgment of Law, . ^ » be conf .rued, deemed and is hereby declared, to *" "* be adjudged an Adhe'*ence to ihe Enemies of the People of this State. No AttamJer on XL And he it further enabled ly the Authorify this Law to exempt aforefaid^ and it is hereby provided^ That no from Incliament in Conviftion or Attainder, in Purfuance of this Ad, (hall be conitrued to exempt any Perfoi> or Perfons, from being apprehended, tried, con- vifled, attainted and executed for High Trea- • fon, according to the ordinary Courfe of Law* ordinary Courfe. anccs. 7.» Claufe concerning XIL Andle it further enaSled ly the Autho- fraudulent Convey- r//y rt/<>r(/rt/W, That all Conveyances and Aflign- ments ot any real or perfonal Eftate, made or executed fince the ninth Day of July, in the Year of our Lord One Thoufand Seven Hun- *e dred and Seventy-Six, by any or either of the Perfons, who are immediately convi«^ed and at- tainted by this Ad ; or any or either of the Perfons, who (hall be convidted or attainted in Purfuance of this Ad j or any or either of the Perfons, who ftiall be convicted or attainted of High Treafon, in the ordinary Courfe of Law, for Offences committed during the prefent War, , , (hall be prefumed to be fraudulent, and to have been made with Intent to prevent a Forfeiture of the Eftates, by fuch Conveyances or Aflign- ments refpedtively intended to be conveyed or ..' affigned; and upon every Trial, wherein any fuch Coav«yancc or AlTigament ihall come in . . Queftiou, I'll 4 i m )rfeiture L >9 I Queftlon, the Burthen of the Proof fliall lie upon the Perfon or Perfons claiming under fuch Conveyance or AfTignment ; that the fame was made and executed honafide^ for a valuable ConHderation, and not with intent to prevent a Forfeiture as aforefaid. ^ t» 's^J • ^'^^ XIII. And he Itfurthtr etiaHcd ly the Auiho- rity afore/aidi That all Titles^ Eftates, and In- terefts, by executory Devife or contingent Re- mainder, claimed by any Perfon hereby, or by Virtue of this Law, to he convifted (hall on Conviction, be as fully. forfeited to all Intents, ConftruCtions and Purpofes, in the Law what- foever, to the People pf this State, as any other Titles, Claims, Eitates or Interells whatfo- ; I Executory Devifca and contingent Re- mainc1eTS,fubjc£kU to Forfeiture. iM'^^. ever. \''i,,. j.l'J/t«,^ 'v,.***Jj,.ir-. ^;,;ui.i.rVJ ^m ■^P XIV. And he it further ena^ed hy the Autho' Crown Lands, &c. rity aforefaid^ That the abfolute Property of all vefted in the People of Mefluages, Lands, Tenements and Heredita- the Stare, and their luents: and of all Rents, Royalties, FranchifeSj Sovereignty and Seij- Prerogatives, Privileges, Efcheats, Forfeitures, ^^'^'^ declared. Debts, Dues, Duty and Services, by whatfoeyer Names refpeftively, the fame are called and known in the Law ; and all Kight and Title to the fame, which next and immediately before the ninth Day of July^ in the Year of our Lord One Thoufand Seven Hundred and Seventy- ^^ -_ Six, did veft in, or belong, or was, or were due . to the Crown of Great Britain^ be, and the iame, and each and every of them, hereby are declared to be, and ever (ince the faid ninth, Day of Julyy in the Year of our Lord One. T - Thoufand Seven Hundred and Seventy-Six, to have b^n, and forever hereafter (hall be vefted. in the People of this State, in whom the So- vereignty and Seignory thereof are and were vinited and vefted, on and from the faid ninth 'l^:'; „ Day of ^^w^* in the Year of our Lord One Thoufand Seven Hundred and Seventy-Six. XV. And he it further enaSled hy the Autho' Council of Ap- riiy aforefaid^ That the Perfon adminiftering poin^raent auchorifed tlie Government of this State for the time being, ^o «f po'"^ ^'^'^'^^eS""': fliall be and he is hereby authorifed and requir- fojfeher Ertatt °n «d, by and with the Advice and Confent qx the each Qrcat Diftri£U C 1 Council, % ,.■». "/ &1etf to be St pt%- Ite Vendue on public Notice, and how in Other Refpeas. •e Power to feal and d9liver Conveyances. The Operation of the fame* ■WM, 'n--: . " ■' t » ] Council of Appoinitment, to appoint, dtmiM^ the Plcafmeof thcfaid Council and Commit fion, under the Great Seal of this State, three Commiffioners of Forfeitures, for each of the Great Diftrifts of this State. That the faid Commillioners, or a Majority of them, (hall be, and hereby are authorifed and required, from Time to Time, to fell and difpofe of all real Eftares within rheir refpcftivc DiftriiSfe, for* feited or to be forfeited to the People of thii State, at public Vendue, to the higheft Bid- der or Bidders ; stnd in fuch Parcels as they Ihall from Time to Time think proper, firft giving eight Weeks Notice of each Sale, in one or more of the public KTeWs-Papefs ih this State, containing a Defcription as to the Quantity, by Eilimation, of the Lands or Tenements to be fold, the Situation thereof, and the Name or Names of the Perfon of Perfons, by the Conviftion and Attainder of whom the fiid Lands or Tenements are deemed tb have be- come forfeited ; and to tnake, Seal and deliver to the Purchafer or Purchafers rcfpeftively, good nnd fuflicient Deeds and Conveyances, m the Law, to veft the fame in them refpedively, and their refpciSlive Heirs and Aifigns, upon fach Purchafer or Purchafers refpe6tively, pro- ducing fuch Receipt from the Treafurer, as is hereinafter mentioned. That every fuch Pur- chafer and Purchafers, Ihall by Virtue of fuch Deeds and Conveyances, refoe6Hvely, be fo veiled ih Title, Seizin and ro^eflion of the Lauds and Tenements fo purchafeci, as to have and maintain in his, her or their Name or Names, any A£Hon for Recovery thereof, or Damages relating thereto ; any aftual Seizin or Poflemon thereof, in any other Perfon or Per- fons, notwithilanding. That every fuch Deed and Conveyance, (hall be deemed to operate as a Warranty from the People of this State, to the Purchafer or Purchafers refpeftively, and their refpe£live Heirs and AlTigns, for the Lands or Tenements thereby refpedively, granted and conveyed, againu all Claims, Titles and Incumbrances whatfoever ; an.. !uch Farchafer or Purchafers refpedively, and their refpeftive -;«... •?... J.SteiT*' more than one in one Sale* Farm rttbtStlft tteifs or Affigns, ftall in Cafis of EvidMon, have fuch Remedy and Relief ujfjon fuch Warranty , in fuch Manner as fhall be mord . partlcUtarly provided for in fuch future Aft or - ,,, A&s of the Legtflature, as are hereinafter .. ^ :' ' r: ;* mcnfioned. . v* ^^.«-,v.. . v ^ ^^^ ;.. ProVi'deJf That the faid Commiflioners ihall Provifo. Not to not be authorifed to fell any Lands, in larger fell more than 500 Parcels than the Quantity 'of Five Hundred Acres in a Parcel, nor Acres in each Parcel , that no more than one Farm (hall be included in one and the fame Sale \ and that the Sales (hall be made in the Coi . ./ where the Lands or Tenements to be fold, re* ipedively lie. ..■A-^::yW-^imi uinJ provides fur ff>0^ 'ffeat liftthing in thig Nor any Lands b©- Law contained, (hall be conftrued, deemed, fore ift October, 1780 efteemed, or adjudged, to authorife the Com- inPart repealed by tlic miffioners to be appointed by Viirue hereof, to Aftof the loth March/ make Sale of any Landti, Meffuages, Tene- 1780, poll page 40. _ ments, or Hereditaments hereby forfeited, or "^ by Virtue hereof to become forfeited, before or until the firft Day of OBoher next; and that all fuch Sales fhall be, and the fame hereby arc wholly prohibited until that Day. And 'vohereas it is impoffible at prtfcnf,'ld> V)^ - form an Gfliimate ofwhat will be a proper Com- '*'> penfation to the faid Commillioners, for their Services and Expences in executing the Bufinefs hereby committed to them j , , *y% 'A'% XVL Be it therefore further ftiaSled hy the Public Faith pledged Authority aforefaid. That the public Fsuth of to the CommifTioners this State (hall be, and hereby is pledged to the ^o"^ their Serviocs, faid Commlflioners, for fuch Allowance and J^ixpences, &c. Compenfation to them for their Services and Expences (befides theExpences of Surveyors, Clerks, and other incidental Charges) as (hall hereafter by the Legiflature, be deemed juil; and reafonable. XVn. And be it further enaBeil ly the Att» 'p^g Trc^furer au» dffritj afore/aid. That the Trcafurer of this thorifcd to advance State tfiem, not exceeding State (hall be, and he is hereby authorifecl, 6u* '" ' ' '^ ^^ ^^^ Monies which now are, or hereafter may be in the Trealury, to advance to the faid Commiffioners for each Diftrid, a Sum not ex- ceeding Two Thoufand Pounds, to defray the Expence of the Bufmefs hereby committed to them. xoool. to mifiloners Piibria. the of Com- cach Provifion in Favor ofTenantsof forfcit- ^ Lands. j.%i.viv - _,,.f f jfftil whereas in many Tnftances, Lands, the Reverfion or Remainder whereof is, or maybe- come forfeited to this State, are poiTefled by Tenants who have at coniiderable £xpence, made or purchafed the Improvements on the fame, and which Tenants have conftantly, uni- formly, and zealoufly, fince the Commence- ment of the prefent War, endeavoured to de- fend and maintain the Freedom and Inde- pendence of the United States ; XVIII. JSe it therefore enaBed hy the Am* tbority afore/aid. That where Lands, the Re- verfion or Remainder whereof, is hereby, or may become forfeited to the People of this State, (hall be pofTeffed by any Tenant of the Chara£ler above defcribed, and who-^pr whofe Anceftor, Teftator, or Inteftate, flikll have made or purchafed the Improvements on the- fame, they (hall continue in Pofleffion at theif former Rents, and be at Liberty a§ heretofore, to transfer their Improvements, until the fee Simple of the faid Lands (hall be fold, they paying their refpeftive Rents, and the prefect Arrearages thereof in Money, ecjual to the cur- rent Prices of the Articles of Produce, in which their Rents were heretofore paid, into the Treafury of this State j iffuch Rents wer*; referved in Produce, or if rcferved in Money» then in fo much Money, as will be equivalent to the Price of Wheat at Seven ShiUmgs per Bufliel ; and that when the fee Simple of the faid Lands (hall be fold by the Commiflioners, to be appointed in Purfuance of this Aft, they (hall caule fuch Lands to be appraifed by three Appraifers, at what (hall be deemed the then prefent Value thereof, exclufive of the Im* j)rovements thereon, at the Time of appraifing ; That t ^3 1 That 006 of the faid Appraifera fliall be elefl^ ly the Comtniffioners, another by the Tenant, Claiming the Benefit intended by thU Claufe, end the third by the faid other two Appraifers ; That the faid Appraifers, previous to the mak- ing of fuch Appraifement, (hall each of them take an Oath, and which Oath the faid Com^ miflioners are hereby authorifed to adminifter, well and truly to appraife the Lands held by fuch Tenant, at what fhall be deemed the then Value thereof, exclufivfe of the Improvement* thereon ; and upon Payment in^ the Trea- fury by fuch Tenant, of the S^um at which fuch Lands (hall be fo apptaifeq, within three Months after the making of fuch Appraifement, together with all Arrearages of ^ents, then due thereon ; the Commiffioners ftall convey the Lands fo appraifed to fuch Tenant, in like Manner as if fuch Lands had been fold at pub- lic Vendue, and fuch Tenant bad appeared, and been the higheft Bidder for the fame ; Pre viJedf That no Perfon being a Tenant himfelf^ or of Affinity or Confanguinity to the Tenant, requiring fuch Appraifement to be made, ihall be an Appraifer. And in Order that the Commiilloner may be enabled to determine, who are this proper Ob- jeds of the Benefit intended by the aforegoing Claufe; ,r^-; 'Wl ■i^\ XIX. Be it further enaHed hy the Autho' rlty afore/aid. That no Tenant (hall be entitled «o fuch Benefit, unlcfs he or ihe (hall, within one Month after the fame fhall be required of him or her by the faid Commiilioners, produce to them a Certificate, to be fubfcribfd by at leaft, twelve reputable Inhabitants of the County, of known and undoubted Attachment to the American Caufe, to be approved of by the Commiilioners, and which Inhabitants (hall feverally declare upon Oath, the Truth of the Matter by them certified, before a Juftice of the Peace of the County, who is hereby au- thorifed to adminifter fuch Oath, certifying chat fuch Tenant, hath conitantly and uni- fonnly How Tenants an to avail themfelves of the above Frovifkia. ■tc*:. *if r.* I\ ,. •!■/ •-r-.v^ »-•:■ »,. t H 1 'ii.o-< formly* fincc the (aid ninth Day of y»^, One Thoufand Seven hundred and Seventy Six, demeaned himfclf or herfelr, as « Friend to the Freedom and Independence of the United States } and hath, a* far forth as his or her CircumHances would admit, taken an active zpd decifive Part, to maintain and promote the f^me* . Kf, Sales. < I - ' \ ^? a Fnrtlier DirefUons XX. JaJ h itfurthtr tnaBei iy th Autho* for^Procecdings on rity afore/aid. That whenever the faid Com- " " miffioners (hall within their refpedive DiilriiSs* nakeSaleof any Lands, either at public Ven* due, or upon fuch Appraifement as aforefaid ; and the Commiffioner, and the Perfon or Per- fons to whom fuch Sale (hall be made, having reciprocally fubfcribed a Memorandum or Note, in Writing, of fuch Sale; the Com- miflioners (hall immediately thereupon, give to the Perfon or Perfons, to whom fuch Sale (hall be made, a Certificate thereof, to contain the $um for ;hich the Lands, purchafed by fuch Perfon or Perfons, were fold ; and if fuch Sale was made upon fuch Appraifement, then al(b of the Arrearages of Rent, due on fuch Lands. That the faid Perfon or Perfons to whom fuch Certi(icateB (hall he given, (hall within three Months from the Date thereof, py into the Treafury of this State, the Sums m fuch Cer- tificates refpedtively fpecified ; and the Trea- furer is hereby required and authorifed, to re- ceive the fame, and to give to the faid Perfon or Perfons, paying, duplicate Receipts for the Monies by them refpe<^ively paid ; and the fe- veral Perfons to whom fuch Receipts (hall be given, (hall, upon their refpe^ively producing and lodging with the faid Commilfioners one of the faid Receipts, be entitled to Deeds and Conveyances, for the Lands by them refpec* I lively purchafed. ■ Comminioners au- XXL And h it further enaSedhy the Autha» thorifed to fue Pur- rity aforefaid^ That the Commiffioners for the chafer for Non-per- refpeaivc Diftrias, (hall and may, in their own rormance of Bargain, Names, commence and profecute any Suit u^on A Contnt£k| for the Sale of any £ilate, agamft any [ ,.#» ,.;^- ■»,»'.v^?-- '•\f*.' I ■ I ■:v.".< /'*■"• •*^* any Perfon or Pcrfons, who flialf have fubfcribed fuch Note or Memorandum in Writing, thereof as aforefaid ; and all Damages which fhall be reco> vered by the faid Commiffioners in fuch Suits, (hall .' •; ' be by them paid into the Treafury of thi« State. >?; '*..:; ' ^ XXn. jind he it further tnaSlttl hy the Authority All Purchafcs ia aforefaid^ That all Purchafes made at fuch Vcn- jyl^jf'i Commiflioncrs dues by the faid Coramiffioners, or any oir either "|allh«»|iterdlcd,tlc- of them, or by any other Perfon, to or fortheUfe '=^ar«avoid.^ ^ of them, or any or either of them, fhall be null /v and void ; and that each Commiffioner, before he . ' ► enters upon the Execution of his Office, fhall appear before one of the Judges of any of the Counties within the Diflri£t for which fuch CommifTioner fliall be appointed, and take and fubfcribe the fol- lowing Oath, which fuch Judge is hereby autho- rifed and required to adminifler, v . And that all the Forms of Proceedings in Profe- cutions, for the Offence aforefaid, to be had in Purfuance of this Aft, other than fuch as are here- by otherwife fpecially direfted, (hs!! be as near- ly as maybefimilar to the Forms of the Proceedings, in Cafes of Felony without Benefit of Clergy, ex- cept, that the Word or Words " Offence *' or *' Offences'* (as the Cafe may be) (hall be ufed in- ftead of the Word or Words *' Felony'* or ** Felo- nies," and. that where a Traverfe (hall be put in by any Perfon or Perfons, claiming any Eflate or Inte- re((, under a Perfon deceafed as aforefaid, all and fingular the Proceedings and ProcefTes, (hall, not- withilanding, be of the fame Form as if the refpedivc Perfons, charged in the feveral Indiftments, had been feverally in full Life, and had in their own refpeftive proper Perfons, appeared and traverfed ; and for Want of fuch Traverfe, as if fuch Perfon had made Default in full Life. Torms of Proceed- ings not hereby parti- cularly prefcribed, to be fimilar to thole in Cafes of Fclony.with- out Benefit of Clergy. .•! On Traverfe by the Rcprefentativcs of Perfons deceafed, Proceedings, (hall be the fame as if the Perfon. was living. Such Henrefenta- XXVL And he it further enabled hy the Authority tlves on Affidavit of aforefaid^ That each and every Perfon or Perfons, Intereft, to be admit- claiming an Eflate or Interefl, under any Perfon de- ceafed, (hall and may, upon Affidavit of fuch Claim, and of the Death of^the Perfon, under whom fuch Claim (hall be made, to be read and filed in Court/ be ted to traverfe. a C «7 } «. when the be palted nt of the vely, the Sales of later Eafe Authority Proceed - id of the he Com- thiaAa, ^g thought '.<., ■.,' „ .,; n Profe- had in ire here- as near* peedings, rgy, ex- tice ** or ufed in- ** Felo- ut in by or Inte- all and %n, not* ffpedive Its, had sir owtkK verfed ; Perfon 'uthorliy ?erfons, fon de- Claim, m fuch Courts be admitted to traverfe the Indiflments againft the Perfons under whom they fo refpedively Claim.— That in every Cafe of fuch Traverfe as laft aforefaid, no Trial fliall be had thereon, until after the Expi- ration of the Time herein before limited, for put- ting in fuch Traverfe. That where two of more Perfontfliall appear at one and the fame Time, and produce fuch Affidavit, and thereupon apply to be admitted to traverfe, the Court may compel fuch Perfons to join in the Traverfe ; and that where any Perfon or Perfons, fo claiming as aforefatd, fhall have been admitted to traverfe, and Hiall have traverfed accordingly ; and any other Perfon or Per- fons, (hall afterwards apply to be admitted to tra* verfe, the Perfon or Perfons fo afterwards applying, having refpe£lively produced fuch Affidavit of a Claim as aforefaid, (hall upon the Trial of fuch Tra- verfe, be permitted to employ Counfel, produce "Witnefles, fue forth Subpoena's, for the Atten- dance of \^'itneire8, crofs examine the Witnefles, on the Part of the State, and do every other A£t and Thing, in and about a Defence, in like Manner, and as fully as the Perfon or Perfons, by whom the Traverfe ihali have been put in. Many hundreds of Loyalifts have been ruined un- der this Law, icjides tho/e particularly named in tb» AH. No Trial to be had thereon till after Ck- oiration of tlie Time herein before men- tioned, and where two or more fcparately of- fer to traverfe, the Courc may compel them to join. \ < AfterTraverfc, any other Perfon applying on Affidavit, may l>e af the StcM of » id of Oftobcr laft, of New- York, represented in Senate and jijfembly^ and fuf|v.nding the Sales // is hereby enaHed by the Authority ofthejamey That of forfeited Eftates, ,he Provifo in the Aft, entitulcd, •« An Aa for tht until .ft of Oaobcr Forfeiture and Sale of the EJiates of Perfom who next, in 1 art repealed. ^^^^ ^^^^^^^ ^^ ^^^ Enemies of this State, and for declaring the Sovereignty of the People of this Statt^ in ReJpeEl to all Property within the fame ,** pziTcd the twenty-fecond Day of OHober laU, for fufpend- ing the Sales of forfeited real Eflates, until the firft \ Day of OHobcr next, as far as it refpefts the Coun- ' ties oiAlhany, Vlfter, Orange, and Dutchefs, except fuch Lands as lie on the South Side of the High- lands, in the County of Orange, and fuch Lands ai lie on the Weft Side of Hudfon^s River, and which ,, . are on the North Side of the Mohazvk River, in the County of Albany, fliall be and is hereby re- pealed ; and that the Commidioners of Forfeiturea MoJc of Sales. appointed, or to be appointed in Purfuancc of the faid A£t, fliall accordingly, forthwith, after the ' I i pafling of this Ad, proceed to make Sale of all fuch forfeited real Eftates, within their refpeftive Dif- tri£ts, in the Mode prefcribed by the faid A6t. ^»<;. % v!^; C H A P. LXIV. ]rf« AB, approving of tije AH of Coti^refs of the \%th Day of March, 1780, relative to the Finances of the United States, and making Provifion for redeeming the Proportion of this State of the Bills of Credit, to he emitted in Purfuance of the faid ASl of Congrefs, Faffed the 15th of - , June, J780." ^^ ,^ .. ..•;,;. . : ..i^^^M^ BY this A(^, Bills of Credit are emitted, ana Funds eftabliflied fur their Redemption. By the fixth Claufe, certi in forfeited Lands are mort- gaged for the Security of the Bills of Credit, emitted in Purfuance of the faid Ad. " And in Order to eflallijh Funds for the Redemp- iion of the faid nevj Bills^ and effeSlual\y tofecurt their Credit \'\ <''^. .i i ; Vlt Be VI, Be it further enaSled hy the JutUrity afortfalJ^ *rhat the following Landi, forfeited to the People of this State ; that it tofay^ All Landa brfcitcd by the Attainder of Sir Tohn John/on, late of the County of Tryon^ Knight an J Baronet, and lying in the County of Tryon^ on the North Side of the Mo/jarjk Kiver; all Lands forfeited by the At- tainder o( John Butlery late of the faid County, Efquire, fituate as aforefaid ; all Lands forfeited by the refpedtive Attainders of Philip Sktene^ late of the County of Charlotte^ Efqulre, and Andrew P, Skeene, (Son of the faid Philip Skeent) l)[ine in the faid County of Charlotte ; all Lands forfeited by the refpeflive Attainders of Frederick Phillpfej now or late of the County of iVeftcheJiery Efquire, and Frederick Phillp/e (Son of Frederick) now or late of the faid County, Gentleman, lying in the faid County of Wejlcheflcr ; all Lands forfeited by the refpeftive Attainders of William Bayard and Jamei De Lanceyy now or late of the City of New'Tori, Efquires, lying in the City of New-Tork^ or in the County of Orange ; and all Lands forfeited by the Attainder of Oliver De. Lanceyy Efquire, now or late of the City of Ne%v-T'ork, lying within this State, fliall be and are hereby mortgaged and bound, for the Redemption and Security of the faid new Bills ; and the public Faith of this State is hereby pledged, that the Monies to arife from the Sales of the ^id forfeited Lands, fo mortgaged and bound as aforeftiid, (hall not, until the Quota of this Sts*te of the new Bills, are redeemed and paid oh, or \w* '. a competent Sum in Gold or Silver, (hall be actually raifed by the Sales of confifcated Land, Taxes or otherwife, and depoiited in the Trcafury for the Purpofe, be appropriated or applied to any Purpofe, other than to redeem and difcbarge the Quota of this State of the faid new Bills ; and that the Legis- lature will, at their firft Meeting after the firfl Day of April next, and at the firft Meeting after the firft Day of April in every Year, for five Years there- after, by fpecial A(5fs to be paflTed, dire(5t the raifing of Taxes for the fole Purpofe of redeeming the Proportion of this State of the faid new Bills, to be redeemed in each refped^ive Year, and that Gold and Silver, and the faid new Bills only, and no other Species of Mobey Ihall be receivable in Payment for Certain forfeited Lands mortj^aG;ed foe the Redemption and Security of the faid new BilU. Public Faith pledged,, that until this State's Quota of the new Bills be redeemed, &c. the Monies arifing from the Sales of the mort- gaged Lands, Ihall be applied to no other Purpofe than to re- deem the faid Quota. That fpecial A£l:$ be paflcd to raifeTax- es for redeeming this State's Proportion oC the new Bills. I 30 1 i And that Gold^ Silver, or new Bills only, be rcceival)le in Payment for faid Taxes. Provifion in Favor of fuch Stated as may ^e rendered incapable to redeem their Quo- tas of the new Billj. Commiflioners of Forfeiture prohibited from felling any of •he mortgaged Lands. for the fald Taxes, and that any Deficiencei in the faid Taxes, (hall be fuppUed by the immediate Sale of confifcated Lands, in any Fart of ^his State, for Gold, Cilverj or the faid new Bills only ; and that the Leeiflature i^lll make feafonable ?rovifion for redeemmg a proportional Part of the Quotas of the faid new Bills, of fuch other Slates as may, by the Events of Wai be rendered incapable ro redeem their rcfpe£tive Quotas. And the CommilHoners of Forfeiture s^re hereby prohibited from felling any of the aforefaid Lands, until the further Order of the Legiflaturei any Law to the Contrary, not- withftanding. CHAP. XL ^ ; Preamble. Preamble. ^fi AH to procure a Sum in Specie^ for the Purpo/e of redeeming one fixth Part of the Bills emitted OH the Credit of this State, purfuant to the Atl ef Congrefs of the i2th Day of March^ 1780, for difcbarging the Interef of fuch 2?/7/», and fox other Purpofes therein mentioned, Paifed the 7tL of Odlober, X780. WHEREAS the Proportion of the Bills of Credit, alHgned to this State for Emiilion and Redemption, by the A6t of Congrefs of the 18th Day of March lafl, amounts to Four Hun- dred and Eighty-feven Thoufand, Five Hundred Dollars, and the annual Intereil thereof to be paid in Gold or Silver, amounts to Twenty- four Thoi> iand, Three Hundred and Seventy-five Dollata^ And ^uhereas by the faid Ail it was recommended to the feveral States to provide Funds for their Quotas of the faid Bills, which ftiouli be fo pro- du£live a: to fink or redeem one fixth Part of fuch Quota annually, after the firft day of January nexf: ; And whereas certain Lands defcribed in an A(?t of the LegiQaiure, pafled the isth Day of June laft| k in the ate Sale tate, for and that ifion for s of the , by the redeem oners of ing any [>rder of ry, not- Purpofe emitted tbeja , 1780, Hi, and klTed the t 3» I Uft, entituled, ** An AR approving &f the AH of Congrtfs of the \%tb Day of March^ 1780, relativt to we Finances i . s Piftrlfts, for which they (hall be appointed, ovany two of them, refpedivelyv fhall be and they are hereby vetted with the following Powers, Tbat is *^ f^J/i 7o fell at private Sale, any of the Lands defcribed in the faid A£t ; and to fell, mortgage, or otherwife difpofe of any other forfeited Lands, to the Amount of the Interefl annually arifing on the faid Bills as aforefaid ; and t hat upon fuch Sales, Mortgages, or other '^Jifpofa! ; Gold, or Silver, and no other Species of Money, (hall be received in Payment ; and alfo to fell at private Sale, any of the faid Lands firft above-mentioned; and to fell, mortgage, or otherwife difpofe of any other forfeited Lands, to the Amount of one fixth Part of the faid BillS| fo to be annually redeemed as aforefaid j «. f. Commiffionerj to be appointed to cxc* cute this A£l. # Their Powers, t ' Direftions wkli re- fpe£t to Conveyance. Commiffioners to makci Contrads. Forfeited Eftates maybe purchafed with new Bills. When Appraife-s may be appointed, and liow they fhatl value faid Eftaws. I 3» ]' aforefaid ; ancJ to the further Amount of Twenty. Thoufand Dollars ; and that upon fuch Sales, Mort- gagcj, or other Difpofal, as laft aforefaid ; Gold or fcilver, or the fald new Bills, and no other Species of Money, (hall be received in Payment — That ia all Cafes where the faid Commiffioners fliall, within the refpe6tive Diftrifts, make any abfolute Sales, the ■ Conveyances (hall be of the fame Form, except as to the Stile of the Commiffioners, with the Form prefcribed in and by the faid A6t, entitulcd, " -^a ASlfor the Forfeiture and Sale of the EJlates of Per- fons who have adhered to the Enemies of this State y and for declaring the Sovereignty of the People of this State f in refpeB to all Property within the fame i'* and that the Conveyances, from the Commiffioners to lie appointed In Purfuance of this Adt, fhall in like Manner be deemed to operate as Warrants from the People of this State — To enter into Covenants and Contracts with any Perfor. or Perfons, and in fuch Manner and Forin, as they fhall deem beft calcula- ted to procure the Monies aforefaid. IV. Andle it further enabled iy tie Authority aftre" faidf That whenever any Perfon or Perfons fliall in- cline to purcl.afe any Eftate for fuch new Bills, and choofe to have the fame appraifed, it (hall and may- be lawful for the faid Commiffioners, and they arc hereby required, to join with fuch intended Pur- chafer, in appointing Appraifers to appra\fe fuch Eilate ; and fuch Appraifers (hall be fworn to efli* mate the Value of fuch Eftate, as the fame would in their Judgment have fold for in the Year One Thoufand Seven Hundred and Seventy- Four; and the faid Commiffioners or either of them, are hereby authorifed to admiuiiler the neceffary Oath to fuch Appraifers. . ^ . ^ / * ^.., N-Jta chap; C 33 ] CHAP. XIII. An AH for the Amendment of the Lavj direBlng the Sales of forfeited Lands, Pafled 7 th Oftober, 1780. I, TJ E it enaBcdly the People of the State of New f j York, reprefented in Senate and AJfemhly^ and it is hereby enabled hy the Authority of the fame^ That the Commlffioners of Forfeitures fhall not, after the pafling of this A£t, be authorized to fell, or difpofe of any undivided Rights, or Parts of any Lands or Tenements, forfeited, or to become for- feited to the People of this State, until the Legif- lature fhall make further Provifion refpeding the fame ; any Thing in any former Aft or Afts con- tained, to the Contrary thereof notwithftanding. II. And le i^ further cnaHed hy the Authority afore- f'^id^ That where any Tenant, who, or whofe Anceftor, Teftator, or Inteftate, Ihall have made or purchafed the Improvements on any Lands, the Reverlion or Remamder of which, is or may become forfeited to the People of this State, Ihall after the pafling of this A6t, affign his or her Term or In- tereft ; the Aflignee or Ailignees ftiall not be entitled to the Benefit of a Purchafe by Appraifement, un- lefs fuch Aflignee or Aflignees (hall produce to the faid Commiffioners, within one Month after the fame fliall be renuired, fuch Certificate of the Cha- rafter of the Tenant be'ng the Aflignor, as is by Law re^^uired, of the Charafter of the Tenant be- ing the A^flijinee — And that where there (hall have beer ;'i;';ral mefne Aflignments made, after the pau !{» .5 this Aft, the laft Aflignee fliall, in like Mas. - ! b compelled to produce fuch Certificates of the i" tfdlive Charafters of the feveral interme* diate Afligui^/s. III. And he it further enaSled hy the Authority aforefaidy That it fhall be lawful for the Commiffi- oners of Forfeitures, in the refpeftive Diftrifts, to colled and receive all Rents due at the Time of the Sale thereof, on any Lands, the Reverfion or £ Remainder Certain Land for- fciteoj or to be for- feited, not to be fold till farther Direftion. Altered by Provifo in the 19 Sec. of an Aft of iztli May, 1784. Af!ignees of cer- tain Tenants, not en- titled to the Benefit of Purchafe by Ap- praifement, but un- der fpecial Conditions, The laft Aflignee to manifeft the Clia- rafter of the interme- diate Aflignors. Rents due onLands* , the Reverfion or Re- mainder v.iiereof is forfeitid, to be col- lefted by the Com- miffioners, who may fue for the fame. k C 3+ 1 Remainder whereof fliall then have become forfeitecl to the People of this St;.te ; And to commence and profecute in their own Names, any A(5tion or Acti- ons in Aflumpfit for the Recovery of fuch Rents, with Cofts, againft any Perfons from whom fiich Renta, were due or owing, or their refpe(ftive Execu- tors or Adminiftrafors, upon a Quantum Meruit for the Ufe and Occupation of the Lands poflefled by the faid Perfons refpedively ; and upon the Trial, ^. ■ _. the Jury fliall find a Verdi6t for the Plaintiffs, for Direaionstothejury. fuch Sum as (hall be proved to them, would have been a reafonable Rent for fuch Lands, during the . : Time they were pofTefTed by the Defendant : fo as the Damages to be aflelTed, fliall not exceed the . : whole value of the Rent, which the Defendant fliall prove to have been referved and to have be- come due, while fuch Defendant was in Pofreflioii of fuch Lands, and to be then unpaid* 'rov'tJedy That nothing herein contained, Pro\-ifo. TcfTecs fl^jjli . conflrued to authorife the Commiffioners t», under Cmiimiflioncrs commence Suifs againft Leflees under the Commif-' I'd be'^ruecrfd? Rents ^^^""^^^ ^^ Sequeflration. for the Recovery of any l)y Commiffioners of P'^nts referved by the Commiffioners of Sequeflra- Forfiekures. tion. , , . , _ _ • . Kow to compel a Difcover^ of Rents. Difpvites as to A- batement of Rent, de- termined by Arbitra- tors. Rents paid into Uic Treafury. IV. j^nd It it further enaBed ly the Authority aforefaidy That it fliall be lawful for the faid Com- miffioners of Forfeitures, in their Difcretion, to file Bills in Chancery in their own Names, againft any Perfon or Perfons, to compel a Difcovery of fuch Rents — That whenever it fhall appear to the Commiflioners of Forfeitures, that any Lands, the Arrearages of Rents on which fhall be due to the People of this State, have been fubjeft to the Incurfions and Depredations of the Enemy, and the PofTefTors thereof thereby been prevented from enjoying the Profits of fuch Lands ; and any Dif- putes fhall arife refpefting the Abatement, which ought to be made in Confequence of the Premifes aforefaid ; it fliall and may be lawful for the faid Commiffioners, to refer fuch Difpute to be derer- mined by Arbetratoas ; and that the Commiffioners (hall, forthwiah, from Time to Time, as they fhall receive the fame, pay all fuch Rents into the Trea- fury of this State. ,;■''■: . . And 'V., t 35 1 jinJ 'vuhereas mzny Perfons wlio have purchafed PreamMe. As to Lands, forfeited to this State, have negleded or monies unpaid for tur- Tefufed to pay into the Treafury thereof, the Sums ^^^^'^^ Laiuls. due on the Purchafe of fuch Lands, ahhough the . , , . ,. ' j ,'■ ^, Time limited for that Purpofe by Law, is expired ; ,. '. : ; . For Remedy whereof, and to prevent fimilar Prac- , " l dees in future, Delincjuent Pur ' chafers ot Forfeited Lands — how to be trcatv^d. V. B£ it tna^eJ ly the Authority aforefaidy That where Purchafes of forfeited Lands ihall have been made, before the palling of this A, and the Pur- chafers {hall not have paid into the Treafury of this State, one Half of the purchafe Money withia one Month, and the remaining Half thereof, with- in two Months after tl e paffing of this A6t ; and that where fuch Purchafes fliall be made after the paffing of this Aft, and the refpeftive Purchafers (hall not pay into the Treafury of thij State, the Whole of the purchafe Money, within one Month after fuch Purchafe ; that in each and every Cafe of Default of fuch Payments as aforefaid, the Pur- chafe (hall be deemed and conftrued to be abfolutely , null and void : And that in either of the faid Cafes, the Perfon or Perfons making Default in fuch Pay- . . . ment, (hall for every fuch Default, forfeit to this St ite, a Sum equal to one fourth I'art of the pur- chafe Money ; to be recovered by the Commiflioners aforefaid, in their own Names, in an Adion of Debt, • ' withCofls; and the faid Monies, when recovered, fhall be paid by the ftid Commiflioners, into the Treafury of this State. "VI. And he it further enaSied ly the Authority Lands encumbered} aforefaidy 1 hat wherever it fliall appear probable Sale thereof to be Uc- to the Commilfioners, that any Lands, deemed for- layed. feited to the People of this State, have been mort- gaged, fold, or otherwife conveyed, or encumbered by the Perfon or Perfons feized or poflefled thereof, pirevious to their refpeftive Attainders ; it fhall and may be lawful, to and for the Commiflioners, to de- lay the Sale of fuch Lands, until the Le^iflature of this State, fliall make further Provilion in the Pre- miles. <'"i t t And nvhereas in many Inflances, Perfons have poflclfed theaifelves of Lands fubjed; to be fequef- E z tered, Preamble*. ■■•*( ',.4 :-i'i k\ U CommHTionew of Sequcftration to pro- ceed againft certain Pofllflbrs of Lands, upon the Statutes of forcibleEntry and De- turner. The Evidence on which a forcible En- try and Detainer fhall be found. In fuch Cafe, aVer- dift againft tlie Dcfen- daxit. ' C 36 ] . teredy and of Laiids forfeited to this State* to thfl gregt Injury of the Public ; for prevention whereof^ VII. J^e it further ena^ed by the Authority afore- faidy That where any Perfon or Pcrfons (hall have become poflefTed of Lands which were poifeiTed by any Perfon or Perfons who ihall then have gone over to, and joined the Enemy, immediately before fuch Perfons, as laft aforefaid, did fo go over to and join the Enemy ; it (hall be lawful for the Commif- fioners of Scqueflration of the County where fuch Lands lie, or a Majority of them, in their own Names, to proceed againft the Perfon or Perfons fo in PofleiTion as firft above-mentioned, upon the Sta- tutes of forcible Entry and Detainer ; and if it (hall appear in Evidence to the Inqueft, that the Premi- fcs in Queftion, were po(re(red by any Perfon or Perfons in his, her, or their own Right, who fliall then have gone over to, and joined the Enemy, at the Time luch Perfons did fo go over to, or join the Enemy ; they (hall find a forcible Entry and De- tainer, againll the Perfon or Perfons fo having en- tered ; and the Seizen in Fee in the faid Commif- iioners profecuting, in like Manner as if the faid CommKiioners had been feized in Fee of the faid Premifcb in Queftion, *he Time when tlJe Perfon who was poffelTedof tl . .ne, went off to, or joined the Enemy — That if futu Inquilition (hall be traverfed, and fuch Matters as aforefaid (hall appear in Evi- dence, on Behalf of the People of this State, the Jury (hall find a Verdidt againft the Defendant ; Provifo. Shewing Provided^ That nothing herein contained, (hall where Landlords may be conftrued to prevent Landlords from taking Pof- t*kc Poffeflion. fgffion of Lands where the Term of the Tenant is expired, or where the Tenant had no Intereft in the Improvements on fuch Lands, notwithftanding fuch Tenant may have been in Po(re(fion of fuch Lands, immediately before he or (he went off to, or joined the Enemy. ■. Provifo. Referv- And provided further^ That nothing herein con- wgLandlord'sRjghts. tained, (hall be conftrued to injure the Rights of Landlords j and every Landlord fliall be entitled to a like Jifemedy for the Recovery of Rents, and be authorlfed to re-enter upon a Breach of Condition *or f t 57 1 or Covenant, or for Non-payment of Rent, and poflefs the Lands in like Manner, as fuch Landlord might have done, if the Tenant had not gone off to the Enemy. — That where any Lands fliall be fold by the Commiflioncrs of Forfeitures, it fliall be law- ful for the Purchafer, in his or her own Name, to proceed, upon the Statutes aforefaid, againft any Perfon who fliall then be pofleired of fuch Land? i and if it fliall api>ear in Evidence to the InquefV, that the faid Lands, on the ninth Day of July, in the Year One Thoufand Seven Hundred and Seventy- Six, or at any Time fince, were pofl^efled by the Perfon, by the Attainder of whom the faid Lands were deemed to become forfeited, or by the Tenant of fuch Perfon ; and if fo poflefl^eJ by a Tenant, that th: Term of fuch Tenant is expired; and if the Defendant fliall not thereupon prove, to the Satisfaftion of the Inquefl, that the Peifon fo at- tainted, did, fince the faid ninth day of July, One Thoufand Seven Hundr'id and Seventy-Six, and before the Time to which the Attainder of the faid Perfon fliall relate, convey the faid Lands to the faid Defendant, or to the Perfon under whom he or flie doth claim ; that the Inquefl fliall thereupon 6nd the forcible Entry and Detainer againd fuch Defendant, and the Seizen in Fee of fuch Purchafer on the Day of the Date of the Conveyance to fuch Purchafer, from the Commiflioners or Forfeitures | and if fuch Inquifition, as lafl: aforefaid, fliall be traverfed, and fuch Matters as lafl aforefaid, fliall appear in Evidence on behalf of the People of this State ; the Jury fliall find a Verdict againfl the Defendant. — That where any Perfon fliall fo have entered upon Lands as aforefaid, and fliall not deliver Pofleflion of the Lands, fo by him or her pofleiFed, when theteunto required by the faid Commiflioners of Sequeftratlon, or the Purchafer of fuch Lands, as the Cafe may be, and Proceedings fliall thereupon be had againf): fuch Perfon, upon the Statutes of forcible Entry and Detainer ; and if the faid Com- miflioners of Sequeftration, or fuch Purchafer as aforefaid, fliall in Confequence of fuch Proceedings, obtain Pofleflion of fuch Lands ; the faid Commif- iioners or Purchafers, as the Cafe may be, fliall re- cover the Cofts and Expence of fuch Proceedings, before any JulUce of the Peace wUhia this State ; the Purchafcrt of for* felted Lands to have Suit againft Pofleflbrs* EvidcBCC neceflary to the Purchafer 's Re- covery of the Poflcf* flon. PoflcflTors refufing to deliver Poflfeflian ot forfeited Lands, to pay the Cofts and Expen- ces of Recovery Iw- fore any Jufticc of the Peace. I [ 38 ] Jurifdiftion »*■ Juf- t^c Jurifdic^ion of which Juflice is hereby cxtencfcj ticcj extended to fuch to I'uch Suits, notwithftanding the Sum in Demand Suits. may exceed the Value of the Sum to which the . r Jurifdiftion of a Juftice of the Peace may be limited, ! %u by any Law of this State. 1 .tamble Refpeft- And whereat it may fo happen, that Tenants may ing Rents due by Ten- ^^^^ 8°*^^ ^^ ^^ '^* Enemy, leaving Arrears of ants gone off to the Rent due ; and without a fpecial Provilion made by Enemy. Law for the Purpofe, the Leflees under the Com- miflioners of Sequeftnition, will be liable to pay , ' '■ ' fuch Arrears; - ■ • , . . , , , A rrears ofRentdue on fequeftered Lands, to be paid by Commif- fioners of Se(][ue(lra- tion. I \ Provifo. Permit- ting Landlords to en- ter upon luch Lauds, where tluiy will rot yield a Rent to the State fufficient to compcnfate for Ar- rears. Vin. Be it therefore enaHed ly the Authority aforefaidf That where any Lands fliall have become liable to be fequeftered, and there fliall be Arrears of Rent due on, fuch Lands; it fhall be lawful for the Commiflioners of Sequeftration, out of any Monies which they Ihall then have in Hand, to pay off all Rents in Arrear, and which may have accrued to the Time when they fliall leafe fuch Lands : Provided^ That where the Commiflioners fliall deem the Term or Intereft of the Tenant, not to be equal in Value to the Arrears of Rent fo due ; or that the Lands will not, exclulive of the Taxes and the Rent referved to the Landlords, yield a Rent to the State, fufficient to compenfate for the Payment of fuch Arrears J that then in either of the Cafes aforefaid, it fhall be lawful for the Commiflioners, in their Difcvetion, to permit the Landlord to enter upon, and pofTefs fuch Lands. Where Suits againft IX. And he it further enabled hy the Authority Purchafers or Leffles, aforefaid^ That in all Cafes where Suits (hall be com- fijall be defended by menced againft Purchafers, under the Commiflioners the Attorney-General of .Forfeitures, or Leflees under the Commiflioners >n behalf of the State, of Sequeftration, by Perfons claiming the Eftate fo fold, or leafed, by Title oppofed to the Title derived \ . ,1 under either of the faid Commiflioners; all fuch "; Suits fliall be defended at the Expence, and by the Attorney-General, in Behalf of the People of this State. — That it fliall be lawful for the Attorney- General, by Wariant from the Perfon adminiflering the Government of this State, for the Time being, to draw from the Tr^afury, fuch Sum and Sums of .Money, as the Perfon adminiftering the Govern- menC| Hi 111 !) [ 39 ] rnent, (hall deem neceflary to be expended in, and about the Defence of fuch Suits. — That the Attor- ney-General (hall, once in every fix Months, ac- count with the AuJitor-General of this State, for the Expenditure of fuch Monies. — And that the Attorney-General (hall, upon a Warrant from the Perfon adminlftcring the Government for the Time being, employ fuch Counfel to affift, in and about the Defence of fuch Suits, as the faid Perfon admi- nillering the Government fliall, from Xin^e to Time, deem necelTary. , ", . Monies granted for the Defence of fuch Suits ; Expenditure of which to be accounted for. Wlien Attorney- General Ihall employ Counfel to afllft nim in dcfcndingfuchSuit* - (-v- ..c;.,.>-,r. CHAP. LI. ..■.:. ^« j^^ for the further Amendment of the Laws d't- reding the Sales of forfeited Efiates, Paffed the 31A of March, 1781. ' • • " WHEREAS in and by the '^ ABforthe Amendment of the Lavu direHing the Sales of forfeited Landsy^* pafled the feventh Day of Oftober laft^ a certain Time is limited, for the Purchafera of forfeited Lands from the Commiffioners of For- feitures, to pay the Amount of their refpeftivc Purchafes, into the Treafury of this State, under the Penalties therein mentioned ; And i\}hereas many Perfons who have incurred the faid Penalties, have by their humble Petition, prefented to the Legiflature, prayed that a farther Day may be granted to them, to make their refpec- tive Payments into the Treafury, and to be relieved againft the Penalties aforefaid : And the Legiflature having determined to grant the Prayer of the faid Petition. „, ' ' } Preamble* And whereas in and by the " Aft for the Amend- ment of the Law directing the Sales of forfeited Lands," it is declared, that the Commiffioners of Forfeitures, fhould not fell or difpofe of any undi* vlded Rights, or Parts of any Lands or Tenements; And [ 40 1 And vohereas tbe Commiflfioners of Forfeitures for the Wcftern Diftrift, after the pafling of the faid A6>, and before they were notified thereof, had fold certain undlrided Rights in certain Lands ; ' - . VII. Be it therefore further ena^edly the Autho- rity aforefaidy That the Sales fo made by the faid Commiuioners laft mentioned, fhall be, and are hereby declared to be legal and valid ; and that the refpeaive Purchafers, who (hall have paid into the Treafury the Amount of the Purchafe Money, on or before the faid firft Day of May next, Iball be entitled to Conveyances for th*^ fame, any Thing in the faid A£t to the Contrary notwithftanding. And that fuch Purchafers Ihall pay their refpe£tive pur- chafe Monies in fuch Currency, or in fuch Treafury Certificates, and at the fame Kates as are herein be- fore mentioned. jCommiflioncrs of XIII. And he It further enaRed ly the Authority Forfeitures to coUcft aforefaid, That it (hall be lawful for the Comraifii Saks of undivided Rights, made byCom- minioners declared le- gal ; and Conveyance to Purchafers paying for the fame within li- mited Time, and in Manner before dircft- cd. cenain Rents. oners of Forfeitures, in the refpeilive Diflrids, and they are hereby required to colleiS and receive all Rents now due, or which may hereafter from Time to Time become due, on any Lands or Tene- ments, the Reverfion or Remainder whereof fhall have already, or may hereafter become forfeited to the People of this State ; and to commence and profecute, in their own Names, any Adion or Ac- tions in Aflumpfit, for the Recovery of fuch Rents, with Cofts, againft any Perfons from whom fuch Rents were, or may become due or owing, or their refpeftive Heirs, Executors or Adminiftrators, upon a Quantum Meruit for the Ufe and Occupation of the Lands poffelTed by the faid Perfons refpe6lively ; and the Jury upon the Trial (hall find a Verdift for the Plaintiffs, for fuch Sum as (hall be proved to them, would have been a reafonable Rent for the Lands, during the Time they w«re pofleflTed by the Defendant, his or her Anceitor, Teflator or Intef- tate, fo as the Damages fo to be affeired, (hall not exceed the whole Value of the Rent, which the Defendant (hall prove to have been referved, and to have become due, while fuch Defendant, his or her Anceflor, Teftator or Inteftate, was in PoiTeflion of fuch Lands, and to be then unpaid j Prsvitki C 4i ] ProvUeJ, That nothing herein contained, (hall Pro»!fo. Rent* re- be conftrued to authorife the Commiflioners of For* fervedbyCommiflioner* feitures, to receive or profecute for any Rents re- ^I S*forb'T'ommif* fervedby the Coinmiffioners of Sequeflration ; but fionew of ForfeituTi'. ' that fuch Rents /hall be received and recovered, as ^.: if the A61 had never been made. \ • f ..q. ^ C H A P. XX. ^9 J3 for the immediate Sale of certain forfeited Efiates. Pafled the 6th of April, 1784. w HERE AS the Public Exigences require that Part of the forfeited Eftates fhould be fold. I. Be it therefore enaSled hy the People of the State tf Netu-Yorkt rrprefented in Senate and Affemblyt and it is hereby enabled by the Authority of the fame ; That Ifaac Stoutenburgh, Efq; one ot the Commiflioners of Forfeitures for the Southern Diilri tual aod operative in the Law, as if the fame had been made by all, or a Majority of the Commifllon- ^li of Forfeitures for the Southern Diftrift. The Commiffioner to III. Ana be it further enaSied hy the Authority afore' file Abftriftg, and m«ko faid. That the faid Commiffioner Ihall file Abftrafts in the Clerk's Office of the County, in which the Lands lie, and which Abftrifts fhall be entered in a Book, and fuch Commiffioner ihall make Return to the Legiflature in like Manner, as is direfted and prefcribed in and by the third and fourth Seftions of an Aft entitled, an Aft for the immediate Sale of Part of the forfeited Eftates, paffed the lothDay of March, 1780. IV. And he it further enaSled by the Authoriiy afore- faidi That the faid Commiffioner, fhall, and he is hereby authorifed, to demife until the iirft Day of May, which will be in the Year One Thoufand Se- ven Hundred and Eighty-five, fuch of the forfeited Lands and Tenements as are now or may hereafter come into his PofTeffion, and which he fhall not fell by Virtue of this Aft. ' .■)•■• - ■ . The following ASl luas preceded by Refolves of the Senate ^iWAfTembly, (See Appendix, No. I.) of the "^Oth and i\ft of March ^ 1784, rejeSiing the Recommendations of Congrefs, purfuant to the Treaty of Peace, and the Holtile Laws beijng unrepealed, it became impradicablefor the Loy^ alifls to re-enter the State, and have theAd'van- tttge of the Treaty fon H'purehajinz their formet^ Mjiatet* '._■. , -M*^--' ^•■. -- Certain Eftatet to be iemifed tiUi Mty 1785. ^^ >#Si *«t»' '}■ Day f 43 1 ;.: CHAP. Lxiv. ' :l Ah ah for iU Speedy Salt of the confifcated and for- feited Eftatti •within this State, and for other Purpojh therein mentioned, Paflcd the 12th of May, 1784. WHEREAS the public Exigences require that the Goods and Chattels, Lands and Tene- ments which have been forfeited to, and are now veiled in the People of this State, by Attainder or Conviftion in the Progrefsof the late War, Ihould be fold and converted into Money, and otherwife applied for finking and difcharging the public Securities ; I. Be it therefore enaSled !>y the People of the Stale ef Neiu-Tork, reprefenttd in Senate and A£emlly, and it is hereby enaSied by the Authority of the fame. That the Perfon adminiftering the Government of this State for the Time being, fliall be, and is hereby authorifed and required, by and with the Advice and Confent of the Council of Appointment, to appoint during the Pleafure of the faid Council, and to commiflion under the Great Seal of this State, feven Commiflioners of Forfeitures, viz. Two Commiflioners for the Southern Diflridl, one other Commiflioner for the Middle Dillrid, three Commiflioners for the Weftern Diflrit^, and one Commiflioner for the Eaftern Diftridl : That it ihall and may be lawful, to and for the faid Com- miflioner or Commiflioners of Forfeitures to bi appointed by Virtue of this Aft, for the refpec- tive Diftrifts of this State, and they are hereby authorifed and required, from Time to Time to fell and difpofe of all Lands, Tenements, Here- ditaments and real Eftate, within their refpeftive Diftrifts, heretofore confifcated and forfeited to the People of this State in Manner herein after di- refted, and to make Sale and deliver to the Pur- chafer orPurchafersrefpedlively, or to their refpec- tive Heirs or Afligns, good and fuflicient Deeds and Conveyances in the Law, to veil the fame in him or them refpeftively : That every fuch Pur- chafer and Purchafers, his, her and their Heirs F 2 and PrejmMerecifiniJtIm Neceflityfor Selling for- feited Propeity. Council of Appoint- ment to appoint ffiven Cummiflioners of For> fuitures. How many for each Diftrid. Who are to fell all real Property hereto* fore forfeited, and exe- cute Deeds to Purcha- <^i:rs, which fliall be good in Law. 4^! J Such Deeds to operate it Warrants from the Sues sgainlt all Claims. **' If Judpment is ob- tained againlt any Pur- cbafer, there Ihall ba no Writ of Poffeffion until Payment is ma^''* for Improvements. r-.-ft-^ V . r .- ': ■ Commiflioners to fell either at private Sale or public Vendue at Dif* cretion. and Afligns ihall, by Virtue of fucli Deed and Conveyance refpeftively, be fo veiled in Title, Sei7.'»n and Poffeffion of the Lands, Tenements and Hereditaments fo purchafed, as to have and maintain in his, her or their Name or Names, any Ad^ion for Recovery thereof, or Dar.".ages relat- ing thereto, any afti^al Seizen or Poffeffion thereof, in any other Perfon or Perions not.vithftanding. That every fuch Deed and Conveyance Ihall oe deemed to operate as a Warrantee from the People of this State, to the Purchafer or Purchafers re- fpettively, and their refpeftive Heirs and Affigns, for the Lands, Tenements and Hereditaments fo to be refpeftively granted and conveyed againft all Claims, Titles and Incumbrances whatfoever, ami fuch Purchafer or Purchafers reipeftivjiy, and. theiit refpeftive Heirs and Affigns Ihall, in Cafe of Evic- tion have fuch Remedy and R ?lief upon fuch War- rantee, as Is conHllent with good Faith in fuch Mai\ner as fhall be provided for by future Aft or Afts of the Legiflature j and if Judgment in a due .ourfe of Law, (hall be obtained for any Lands, Tenements or Hereditaments which Ihall be fold by Virtue of this Aft, againft any Perfon or Per- fons having derived Title 'here from or under the People of this State, or either of the faid Coir mif- ii oners, the Perfon or Perfons having fo obtained Judgment, fhall not have any Writ of Poffefuon, nor obtain the Poffeffion of fuch Lands, Tene- ments or Hereditaments, until he, Ihe or the/ fliall have paid to the Perfon or Perfons poffeffing the Title thereto, derived from or under the People of this State, or the faid Commiffioners or either of them, the Value of all Improvements made thereon after the paffmg of this Aft, as the fame ihall be eftiiAated, valued, and afcertained by two or more Appraifers ; which Appraiiers fhall be by Rule for that Purpoft appointed- by the Court in which fuch Judgment fhall have been obtained, unlefs the Parties fnall agree on the Value of fuch Improvements, or agree on and fubmit to Ap- praifers to value the fame. \ 1 1, j^nd he it further enaSied hy the Authwity afore'- faid. That it (hall and may be lawful to and for the faid Commiffioner or Commiffioners of For- feitures, I&\t I [45 1 fcltures, anc* they are hereby fully authorlfed to iell anddifpofe of all the confifcatfed and forfeited Lands, Tenen^ents and Hereditaments within thek refpeftive Diflrifts, at public Vendue tothehigh- eft^idder or Bidders, or at private Sale, or by either of the faid Modes which he or they may deem to be moft beneficial to this State ; and that the fame fhall be fold in fuch Parcels as the Com> mi/Tioner or Conu&iilioners fliall from Time to lime think proper ; firil giving fix Weeks No- tice of the Sale or S&les fo to be made by public Vendue, in two or more of the public News-pa- pers of this State^ containing a Dcfcription as to the Quantity by Eftimation of the Lands, Tene- ments and Hereditaments to be fold, the Situation thereof, and the Name or Names of the Perfon or Perfons by the Attainder or Conviftion of whom the faid Lands, Tenements and Heieditarnepts are deemed to have become forfeited. .'f I Six Weaks TTotlee Co be given cf Sales at Vendue, wiiS * De- fcriptionof tie Laads^ tec. »»..!??. ^li*> . h'f 'ill A »Ki.i» V. lue. may journ the Sale, &c. ad- Previdee! al,•'-•■'"•■- ■■■'•■.J«E^J* .; i ' II H "■"Hi;" t;.- When «nd liovr Com- miiHoners are to give • Conveyance to a Cla i* nyiat. ProTifot What Kindf of Mo- ney may be received in Payment for Lands fold by this A£l, and at what Rate. by the A ttainder or Conviftion of any Pei'fon or f*^!*- fons, by Contraft or Bargain, in Writing, for the Purchafeof any fuch Lands, Tenements and He- reditaments made before the ninth Day of July> in the Year One Thoufand Seven Hundred and Seventy-Six, and not carried into complete Exe- cution ; it fhall and may be lawful, to and for the Chancellor of this State to proceed in a fummary Way to inquire into the Merits of fuch Claim, in like Manner as is diredled in the ^,receding Se£lion in Cafes of Mortgaees, and to it^e a final Deci- fion thereon ; and m Cafe it fhall be decreed that the whole purchafe Money has been paid for any fuch Lands, Tenements or Hereditaments, it (hall be the Duty of the faid Coramiffioner or Commif- lioners, to give a Conveyance to the Claimant for the Premifes ; but if it fhall be decreed that a Part only of th^ purchafe Money has been paid by the Claimant, the faid Commiflloner or Commiflion* ers fhall, on receiving the Sum fo decreed to be due, if paid in Gold or Silver within three Months next after fuch Decree, give a Deed or Convey- ance for fuch Lands, Tenements or Hereditaments to fuch Claimant. Provided neat is to/ay. Gold or Silver at its refpeftive legal or current Value ; Bills of Credit emitted in Purfuanceof an Adl of this State, entitled, ** An Aft for emitting Monies upon the Credit of this State," pafl"6d the 27th Day of March, in the Year i^8i, for Gold or Silver; Bills of Credit emitted in Purfuance of an Aft of this State, eiititW, " Ai Aft approving of the Aft of Congrefs of the 18th March, 1780, rela^ tive to the Finances of the United States, and making Provifion for redeeming the Proportion of this State of the Bills of Credit to be emitted in Purfuance of the faid Aft of Congrefs, pafled June 15th, 1780; Bills of Credit emitted by the Au- thority of the Provincial Congrefs of this State, while it was a Colony, and by the Convention of this State, at the Rate of One Dollar in Silver for every One Huudred and Twenty nominal Dollars in Aich Bills ; Bills of Credit emitted by the Au- thority of Congrefs, or of the United States of America in Congrefs a(rembled> at the Rate of one Dollar in Silver for every One Hundred and Twenty nominal Dollars in fuch Bills; Bills of Credit emitted by the Authority of the Legiflature of the late Colony, now State of New- York, at the Rate of one Pound in Gold and Silver for every One Hundred and Twenty Pounds nominal Value in fuch Bills : Certificates ifTued by the Treafurer of this State, for Monies borrowed for the Ufe of this State, and direfted to be paid by an Aft, entituled, ** An Aft to provide for the Payment of certain contingent Expcnces of this State, pafled the 25th Day of Oftober, 1779,** reduced to the Value of Gold or Silver by the Continental Scale of Depreciation ; Certificates iflTued by the Agent of this State, in Purfuance of an Aft, entitled, " An Aft to procure Supplies for the Ufe of the Army, and to prevent a Mo- nopoly of Cattle within this State, and more effeftually to prevent Supplies of Cattle to the Enemy, paflied the 24th Day of June, 1780 ; Certificates ifTued by the Treafurer of this State, in Purfuance of an Aft, entituled, ** An Aft to provide for the Payment of certain Monies taken oil Loan by this State^ paffed the 30th Day of Q June, -j) r.i. t 50 1 June, 1780, at the Rate of one Dollar in Silver^ for every Forty of the nominal Dollars fpecified in fuch Certificates ; Warrants with Receipts thereon endorfed given by Virtue of the Aft, entitled, •* An A&. to compleat the Continental Battalions, ' , raifedunder the Direction of this State," paflcd the " ..' iftDayofjdy, 1780, at the Rate of one Dollar ' in Silver for every Bufhel of Wheat fpecified in . fuch Warrants ; Certificates granted for Horfes purchafed by this State, for the Ufe of the Armies ■/ of the United States, in the Year One Thoufand Seven Hundred and Eighty ; Accounts liquidated and certified, or Certimrates granted by the lattf Auditor General of this State, or the Auditor of the State for the Time being, reduced to Specie Value (if not already fo reduced) by the Conti- nental Scale of Depreciation ; Certificates iflued by the Auditors appointed in Purfuancs of the Aft, entitled, '* An Aft to liquidate and fettle the Accounts of the Troops of this State in the Service of the United States," pafTed the 4th Day of Odlober, 1780; Certificates iflued by the Continental Commifiioner of Loafts in this State, for Monies lent to the United States, reduced to their Value in Specie by the Continental Scale of Depreciation ; Certificates given, or which may be given by Virtue of the Aft, entitled, ** An ' Ad to empower the Auditors appointed to liqui- - date and fettle the Accounts of the Troops of this State in the Service of the United States, to grant Certificates to the Troops of this State in the Ser- vice of the United States, for their Pay accrued for the Time therein mentioned," pafled at this prefent Meeting of the Legiflatore ; Certificates given or to be given by the Continental Com- . » miflioner or Commiflioners of Accounts within this State, for Services performed, or Articles deli- vered by the Inhabitants of this State for the Uic of the United States ; Certificates given or to be given, by the Commifiloners appointed by Virtue of an Adt for the Appointment of Commiflioners to procure Monies on Loan, and Clothing for the And the Intereft doe Ufe of this State, pafled the 7th March, 1781; thQrepn to be allowed. Certificates given or to be given, by Virtue of an A5 for the Settlement of the Pay of the Levies and Militia for their Services in the late War, and >»' : f. and for other Purpofes therein mentioned, paflfed at this prefent Meeting of the Legiilature ; and that the Interell due, or to become due to the Time of Sale, fliall be allowed to the Perfon or Perfons fo paying the fame, and that all fuch of the faid Notes, Certificates or Securities herein before mentioned, and which are not negotiable, ihall be, and hereby are declared to be negotiable from and after the palling of this Aft, any Law to the. Contrary in any Wife notwithdanding. VI. jlnd it it ena3ed by the Authority afore/aid. That ncgreater or further Sum in Bills of Credit emitted by the Authority of Congrefs, or of the United States of America in Congrefs alTembled, than the Sum of Five Millions ofDollars in fuch Bills, fhall be received in Payment for the Lands, Tenements and Hereditaments direfted to be fold by this Aft, and the Aft, entitled, •* An Aft to encourage the .Settlement of the wafle and unap- propriated Lands within this State, paffcd at this prefenic Meeting of the Legiflature : And it is hereby made the Duty of the faid Commiffiotter and Commiflioners on the Receipt of any Sum in fttch Bills, immediately to tranfmit an Account thereof to the Treafurer, who is hereby direfted whenever he fhajl find, that fuch Bills which he may have in the Treafury together with the like Bills, which may be in the Hands of the faid Commiflioner or Commiflioners, will amount to the faid Sum of five Millions of Dollars, to order the faid Commiilioner and Commiflioners not to receive any further Sums in fuch Bills, which Order the faid Commiflioner and Commiflioners are to obferve ; and the faid Treafurer Ihall not after giving the faid Order receive any further Sum in fuch Bills in Payment for walie and unap- propriated Lands direfted to be fold in, and by the faid Aft lail recited. * Vil. And ie it tjia^td by the AuthwUy afore/aid. That whenever the faid Commiflioner or Com> miflioners ihall make Sale of any Lands, Tene- ments or Hereditaments, by public Vendue or private Sale, the Perfon or Perfons to whom fuch Sale ihall be made, ihall immediately pay unto the faid Commiflioner or Commiflioners s the one G 2 third Certificate* not here* tofore negotiable, de« claied to be heieafcei* id a^jiin. Monica, &c. to be tianfmitted to the Trea- 11. n I y Comaiiffioners, wti(. die toaccounteve> Ji ix Months. Preamble. Refpec- liii^ Lands mortgaged lur I. e new Emiflion* r 5* I . third Part of the purchafe Money, and fhall with the faid Commiflioner or CommilTioners recipro- cally fuL'-ribe a Memorandum or Note in Writing of fuch Sale and Payment ; and fuch Pecfon or Perfons fhall on or before the firfl: Day of June, in the Year One Thoufand Seven Hundred and Eighty-Five, pay the remaining Sum due on fuch Sale mentioned in the faid Memorandum or Note ; upon which lafl Payment, fuch Perfon or Perfons, or his, her or their legal Reprefentatives, fhall be entitled to Deeds and Conveyances for the Lands, Tenements and Hereditaments by him or them fb purchafed ; and if the faid laft Payment be in Cer- tificates or other paper Securities bearing an In- tereft, no Interelt fhall be allowed or reckoned thereon, other than fuch as had accrued at the Time of the Sale of the Lands, Tenements or Hereditaments aforefaid ; and in Cafe fuch lafl: Payment fhall not be paid within the Time above mentioned, the faid one third Part of the purchafe Money paid to the faid CommilTionerorCommif- fioners fhall be forfeited to the People of this State ; and the faid Lands, Tenements or Hereditaments, Ihall be again fold at public Vendue or private Sale, in the Manner by this Aft directed. VIII, ^nd be it tnaQed hy tht Authority afwefaidt That it fhall be the Duty of the faid Commiffioner or CommifDoners, and they are hereby required from Time to Time to tranfmit to the Treafury all fuch Species of Money, Certificates and other paper Securities, as he or they may receive in Payment for the Lands, Tenements or Heredita- ments direfted to be fold by this Aft ; and fhall once in every fix Months, account with the Trea- furer for all fuch Monies, Certificates and other paper Securities by him or them received in Pur* luance thereofi ;', ,i .. ,- ji-v; | .. .-v r;;.;? ^«.*;>,. "-*;>/-• /^ And^ lubertas certain Lands, Tenements and Hereditaments which have become forfeited and . vefled in the People of this State, are charged with the Redemption of certain Bills of Credit emitted purfuant to the Aft herein after mentioaed* And < t r 53 J Ami 'whereas » the Lands, Tenetnents dnd Here- ditaments fo charged in the Southern Didridt, are amply fufficient to redeem the Whole of the faid Bills now in Circulation ; , IX. Be it therefore enaQed hy the Authority afore- faid. That fo much of the confifcated Eftates in the Southern Diftrift of this State as are charged with the Redemption of the fiills of Credit emitted in this State, purfuant to an Aft, entitled, ** An Aft approving of the Aft of Congrefa of the i8th of March, 1780, relative to the Finances of the United States, and making Provifion for redeem- ing the Proportion of this State of the Bills of Credit to be emitted in Purfuance of the faid Aft of Congrefs j" and of the Bills of Credit emit- ted purfuant to an Aft, entitled, ** An Aft for emitting Monies upon the Credit of this State,** pafTed 27th March, 1781, as will amount to the Value of the faid Bills of Credit now in Circula. tion, with the Intereft due or to become due there- on, fhall be fold by the CommilTioncrs of Forfei- tures for the Southern Diflrift, and in the Manner direfted by the fecond Seftion of this Aft ; and that Gold or Silver, and the faid Bills of Credit only (hall be received in Payment for the Lands, Tenements or Hereditaments fo to be fold ; and that the faid Commilfioners (hall by Advertifement to be publi(hed for eight Weeks fuccelfively, in two or more of the News-papers to be printed in this State; defcribe the Lands, Tenements or Hereditaments fo by them to be fold, anu mention the Day or Days on which fuch Lands, Tene- ments or Hereditaments will be expofed to Sale ; and the Treafurer of this State is hereby required to farni(h the faid Commi(rioners with an Account of the Amount of all the faid Bills of Credit in Circulation, with the Intereil due thereon, to en- able the faid Commi(noners to eilimate the Amount which will probably be nece(rary to redeem the faid Bills : That if the Whole of the faid Bills fhall not be received in Payment for the Lands, Tene- ments and Hereditaments fo to be fold for their Redemption, the Gold and Silver arifing from fuch Sales, fhall be and hereby is appropriated to the ..r.<|r i"--! "V f '!S. How, for what, ani how much of the Land*, roortgiged for redeem- ing the new Emiilion, are to be (old. r" ---^^ Commifflonerii to ad" vertifc for eight Weeks* Treafurer to gire the Commiffioneis the A- mount of New-Emiffion Bills in Circulation* a. New-Eminion re- maining, after certain Sales, to be redeemed with Gold and Silver. 5r . . n 1- ' % ■i. .^ « 1'' ' m. When the Tresfurer St toadvertife the bring- ing in of New Emiffion tot RedcBiptiun. The Intereft, on Bills remaining after the Day notified, to ceafe, ex- cept when paid for con- fifcated or unappropria- - ted Land*. Refidue of eCrtain mortgaged Lands, to be fold a* other Lands, &c. [ 54 ] the Redemptiuit of fuch of the faid Bills as may not have been paid in on fuch Sales. JttJto the Entl, That all the faid Bills of Credit may be taken out of Circulation, and the State relieved from the Intereil accruing thereon, it ihall be the Duty of the Treafurer, as foon as he ihall be veded with fuch a Sum of Money in Gold or Silver arifing from fuch Sales as aforefaid as he ihall deem fufhcient to redeem the faid Billsj to give Notice thereof in two or more of the public News-papers printed in this State, requiring all Holders of fuch Bills to bring the fame to the Treafury for Redemption, on or before a Day to be mentioned in fuch Notice, not lefs than fifty Days from the Date of fuch Notice ; and if any fuch Bills fhall remain in Circulation after the faid Day, the Intereft thereon fhall ceafe from and after fuch Day, unlefs fuch Bills Ihould thereafter be paid for the Purchafe of unappropriated Lands, or confifcated and forfeited Lands, Tenements or Hereditaments, in which the Intereft fhall be al. lowed to the Day of Payment ; any Thing in thia Claufe to the Contrary notwithflanding, X. Jnd be ii further enaSl^dty the Authority afart- fmd. That all the other Lands, Tenements and Hereditaments charged with the Redemption of the faid Bills of Credit, other than thole which are to be fold for the Redemption aforefaid, (hall b€ and hereby are declared fubjedt to Sale in like Manner as other Lands, Tenements and Heredi- taments not fo charged are fubjed to by this A^ ; any thing in the faid two laft recited A^ to the Contrary notwithftanding. .■»*i*' PresmMe, rerpefling forfeited Land* not fub- jeft to Sale for Mill- tarj Certificate*. And whereas the Lands, Tenements 9Qd Here* ditamen^ which have become forfeited to the Pea- pie of this State, in the Southern Diflrift, were not fubje^ to Sale for Certificates granted in Pur- fuancepf the Adk, entitled, ** An Aft to liquidate - and fettle the Accounts pf the Troops of this State in the Service of the United States, pafTed the 4th Day of Oftober, 1780,'* fo long as the fame |houl4 remain within the Power of the Enemy ; And [ J5 J Andnuhertat by a fabfeauent Aft of this State, the Commiffioners of Forfeitures for the Southern Diftrift were inhibited from felliog the faid Lands, Tenements anc :reditaments until the further Order of the Legiflature j XI. Jii it there/art enaSied hy the Authority afort- faidf That it ihall and may be lawful, to and for the Commiflioners of Forfeitures in the Southern Diftrid, and for the Commiflioner or Commifll- oners of Forfeiturcb, refpeftively, in the other great Diftri£ts of this State to fell Lands, Tene-> inents or Hereditaments, for Certificates granted in Purfuance of the faid Aft, pafled the 4th Day of Oftober, 1780, or in Purfuance of any other Afts, authorifing the granting of Certificates for Depreciation of Pay, and in the Manner prefcribed by the faid Aft, except as to the Time of Pay- ment, other than Lands, Tenements and Heredi- taments which are or were charged with the Re- demption of the Bills of Credit, comn»ojily called the New-Emiffion, any Law to the Contrary not- withftanding. ^: ^ ^ *?;•'"-• ^ Provided always t That Applications for the Pur- chafe of fuch Linds, Tenements and Heredita- ments, by Holders of fuch Certificates as afore- faid, fhall be made within the Space of fixty Dayd next after the pafling of this Aft ; and if fuch Ap- plication {hall not be made before the Expirationi of the faid Term, the Holders of fuch Certificates fhall be precluded from anv future PurcKafes agreeable to the faid Aft paffec^ the 4th of Ofto- ber, 1780; but Ihall nevei-thelefs at any Timt thereafter be entitled to recjive the full Value of the fame in Specie^ with the Intereft which may be d^e thereon according to the Tenor of fuch Certificate : And it ihall and may be lawful to and for the faid Commiifioner or Commiffioners, to fell in the Manner prefcribed in and by the faid Aft of the 4th of Oftober, 1780, except as to the Time of Payment, and for the Certificates granted in Purfuance of that Aft or other Afts authorifing the Granting o*" Certificates for Depreciation of Pay, any Lands, Tenements or Hereditaments, which may be veiled in the People of this State by the Preambte, at to Safe* inhibited till further Or- der of (he Legiflature. Inhibition of Sflet of forfeited Lands for cer- tain Ceriiiicatet, talc^n off. Lands mortrsged for the New-£mUfion ex-<. cepted* ProTifo. Hnlderi of Militarr Certificate* not apply- ing for Purchafe in 60 Days after the pafling of this Aft to be pre- cluded from purchafing. But fiiall receive their Value in Specie, Comminioneri Duty ai to the Mode of Sale. ^ '\ ;v i( W r Vndivided LanJt how fo be fold by the Com- miffioners. After Divifion of Landt, &c. the Com* miflioners to fell what belongs to the State. Provlfo. Applica- tion for Purchafei to be within 60 Days after fuch Divifion. Amount of Appraif- ment of located and ap- praifed Lands, Sec, to be deiivered in 2 Days after fuchAppraifement to the C»mmiflionert, who may fell fa id Lands, &c. within 10 Days, for a higher Sum in ' ?ci«. > '•■'! And repay the Owner of the Cenificacest • t S6 ] the Attainder or Conviftion of any Perfoh or Pw* fens, and which may be in Common and undi<* vided, other than the Lands, Tenements and He. reditaments charged with the Redemption of the Bills of Credit, commonly called the New-Emif- fion as above mentioned, in Cafe fuch Commifll- oner or Commiflioners (hall deem it expedient for the Interell of the State, to fell fuch undivided Lands, Tenements and Hereditaments j and in Cafe the faid Commiflioner or CommiHloners, fhall deem it ncceffary to caufe a Divifion or Par- tition of fuch undivided Lands, Tenements or Hereditaments to be made, in Order to difpofe of the fame ; it fliall be lawful for the faid CommiiG- oner or Commiflioners after a Divifion or Parti- tion of fuch Lands, Tenements or Hereditaments, fhall be made as herein is after direfted, to fell the Eftate which may be found to belong to the Peo- ple of this State in the fame, in the Manner, and for the Certificates laft aforefaid. Provided, that Application for the Purchafe of fuch Lands^ Te- nements or Hereditaments, by the Holders of fuch Certificates, is made within fixty Days next after fuch Divifion ihall have taken Place. XII. jind pro^vided further, and he it enaSled by the authoritv aforefaid^ That any Lands, Tenements or Hereditaments that fhall be located as aforefaid, within either of the faid Terms of fixty Days, fhall be appraifed at fuch Price as the Appraifers fhall deem to be the Value thereof at the Time of fuch Appraifement, and upon fuch Appraiferaent being compleated, the Perfon or Perions who lo- cated or applied for the fame, fhall within two Days deliver to the Commiffioner or CommifHoners of the Diflri£t fuch Certificates as above mention- ed, in addition to the Depofit made at the Time of Location, as will amount to tl\£ Sum of fuch Appraifement ; and if the Commiflioner or Com. miffioners of the Diftrid can, within ten Days'after the Receipt of fuch Certificates, fell or difpofe of the fame located and appraifed Lands, Tenements or Hereditaments for any larger Sum in Specie, than the Amount of the Appraifement, he or they may fell or difpofe of the fame, and fhall in fuch Cafe within the fame Time, pay to the Owner of the [ 57 1 the Certificates who had fo located ihereon, the Amount of the Appralfement. XIII. And ht it furthtr tnaatd by tht Authority efore/aid, That when any Lands, Tenements or Hereditaments are become forfeited to the People of this State, by the Attainder or Conviflion of any Perfon or Perfons, and are held by Leafes in Fee, Leafes for Lives, Leafes for Years, or by Parole Leafes granted, or made by any Perfon or Perfons in whom f«ch Eftates were vefted i'.; the Time of their being forfeited as aforefaid, or made by any Perfon or Perfons, under whom Peifons attainted or convifted derived Eflate in Fee, or for Life in the fame ; the faid Commiflioner or Commiflioners (hall give the Pre-emption of Pur- chafe of fuch Lands, Tenements and Heredita- me it J, to fuch Tenant or Tenants on fuch Terms and Conditions, as the faid Commiflioner or Com- miflioners flialldeem in Equity and good Con- fcienc^ to be the Value thereof: And if fuch Te- nant or Teiiants fliall refufe or negleft to purchafe the fame, the Commiflioner or Commiflioners fhall proct'C J to fell the Reverfio» thereof, in the Man- ner directed in and by the fecond Section in this Aft, ,'.-: '■"i.'-. ■ ■■■2 ■■^-•- ■■■::si^} •;•'■?);•,. ■■"• ■ •■ • I'irj vided nliuays^ That no Perfon (hall derive any Advantage of Pre-emption as aforefaid, un- lefs he fhall produce to the faid Commiflioner or Commiflioners, fuch Certificate as is dire£ted by the nineteenth Seftion of the Aft, entitled, ** An Ad for the Forfeiture and Sale of the Eftates of Perfons who have adhered to the Enemies of this State, and for declaring the Sovereignty of •:he People of this State, in refpeft to all Property within the fame," palfed the 22d of 0£tober« ^779' XIV. And he it further ena&ed hy tht Authority aforefaid. That the Commiflioner or Commifl'oners of Forfeitures ♦o be appointed by Virtue of this Aft, fhall not be authorifed to fell Lands, Tene- ments, Hereditaments or real Eftatses, in larger Parcels than the Quantity of Five Hundred Acres in each Parcel^ unlefs in fuch particular Cafes, H wherein A Pre-«mn?!»»n of Purchafe given to Te* nantt of forfeited Ef* tatet. \ -^v T • ( Provifo. Reftriaing Preemption to cercaio Charafteri, Not more than $oo Acre* in each Parcel to be fold by the Commif- fioners. C-.::v. i ?.'?. ;-!fvi,vK m An 'Fx'-eption. Sales at public Ven- wherein the Commiflioner or Commiflioners fha!? deem it beneficial totjip State, to fell a larger due in the County where Traft, and that the S. doe at public Vendue ihall the Landi. &c. li«. ». _ j • ■ - - — . ' ^.; be made m the County, where the Lands, Te- nements, Hereditaments or realEftates to be fol4 refpcdlively do lie. ' '^"^'- T '■ Preamble. RefpeA- Inp thft Claims of Indi- viduals in certain for- feited L«nd*< Preamble. Shewing the Propriety of a Moue ofPartitionoffuchLandi between the Prople of the State and others in- terefted in the fame. Jttti nvhereas (sveraX Lands, Tenements, Here- Jitiments and renl Eftates were at the Time cf pall'ng of the Aft entitled, ** An Aft for the Forr f(*ituie and Sale of the Eftates of Perfons who h fioner or Commifiioners and the faid other Parties, or duly proved by one or more of the faid Wit- nefFes before one of the Judges of the Inferior Court of Common Pleas of the County in which the Lands, intended to be divided, do lie, fhall be recorded in the County Records of fuch Coun- ty, which (hall fully authorife the faid Agents or any two of them, or the Survivor of them, to pro- ceed to a fair and equal Partition and Divifion of fuch Lands, Tenements and Hereditaments, firll appointing a Surveyor or Surveyors, if necertary, to enable them to perform the Service hereby re- quired of them— That previous to the making of fuch Partition and Divifion as aforefaid, the laid Agents or any two of them ihall thoroughly ex- plore the Prem'fes to be divided, and make or caufe to be made an accurate Survey of the fame, and run out and divide the fame into fuch diffe- rent Allotments as will be bell calculated moil: equally to divide the fame according to Quantity and Quality among and between the People of this State and the faid other Parties, fo as to veil the People of this State and the faid other Parties feverally and refpeftively, with their feveral ^nd Ha re- ::^' Mi.: Agreement, 2(C* t« be recurdeJ. Agents how they »re to explore and fiuvey the Lands, &c. to be divided previous to the Partition, and divide ac- cording to Qualitj and Quantity. -Si*' [ 60 1 ■■%. refpeftive divided Shares and Parts of and in the fame ; and that the faid Allotments and divided Shares which fliall thereupon fall to the faid other Parties feverally and refpcftively in Severalty in •* Fee Simpht fliall veil in them feverally and refpec- tively, and their feveral and refpedive Heirs and Map«andFie!dBookf Afligns forever; and fliall on the Completion of to be made, fubfcribed the faid Partition and Divifion, make or caufe to and filed .a two Officei. ^^ ^^^^ ^^^ accurate Maps and Field Books there- of and fubfcribe the fame with their jfeveral Names, and caufe one of the faid Maps and Field Books - to be filed in the Office of the Clerk of the Coun- ty wherein the Lands do lie, and the other Map and Field Book in the Office of the Secretary of this State, wKich fliall be and remain as full and conclufire Evidence in all Courts of Law and, Equity within this State of fuch Partition and Divifion as aforefaid, as if the fame had been made according to the due and ordinary Courfe of common Law, any Thing in any former Law, Ufage or Cuftom to the Contrary thereof aotwith- ftanding. r . Thro* Delinquency of Parciei. Certain Judges ar• make different Allotments of difputed and undif« puted Lands which ihall be noted and marked in fuch Maps and Field Books as afurefaid. Exclufive of neceflary Sxpencet, Allowance for Services. To Agents zos. to Surveyor zos. and to oiheii, 6s. pet Day. Agents to render Ac- count of Expences of the Partition, and depo- iit faid Account with the Balance, if any, with the County Clerk. Who is to pay the faid Surplus among the Proprietors. Retaining 5 perCaot. XIX. And he it further enaQed by the Authority aforefaidy That the faid Agents and their Survey- or, Chain-bearers and other neceflary Attendants, Ihall, over and above their necelFary Expences, be allowed to have and receive out of the Sale of the Lands, Tenements and Hereditaments fet apart for defraying the Expences of the Partition and Divifion, at and after the Rates following, to wit. The Agents Twenty Shillings each per Day, the Surveyor Twenty Shillings per Day, each Chain- bearer and neceflary Attendants Six Shillings per Day, for each* Day they fliall fsverally be aftually employed in fuch Partition and Divifion as afore- faid, and the Completion thereof: That upon the Completion of the Sales of the Lands, Tenements, and Hereditaments fo to be fet apart for defraying the Expences of fuch Partition and Divifion as aforefaid, the faid Agents fliall make up and ren- der in Writing an Account of the Expences of fucjh Partition and Divifion as aforefaid, on Oath, be- fore one of the Judges of the Inferior Court of the County wherein the faid divided Lands, Tene- ments and Hereditaments do lie; which Account, together with the Balance, if any (hall remain in their Hands, fhall be depofited in the Office of the Clerk of the faid County, and the Clerk fhall from Time to Time, on Application, pay and diftribute fuch Surplus among the refpeftive Proprietors, and in the refpeftive Proportions which fhall be afcer- tained by a View of the refpeftive Rights and Al- lotments, in fuch Partition and Divifion as afore- faid ; the faid Clerk retaining in his Hands at and after the Rate of five per Cent. I 6} ] ProvUed alnvayt ne'verthelefsf That it (hall ancf Jnay be lawful for the faid Commiflioner or Com- miffioners, to fell the Eftate which is veiled in the Teople of this State, in any fuch undivided Lands, Tenements or Hereditaments, without caufing a Divifio« thereof to be made as is above direfted, in cafe he or they Ihall deem the Sale of fuch undi- vided Eftate expedient. XX, And he it further enacted by the Authority afore' faid. That all and Angular the Powers and Autho- rities vefted in, and given to the feveral and refpec- tive Commiflioners of Sequeftration by any former Law or Laws of this State, Ihall be, and hereby are a1)folutely repealed, annulled and made void to all Intents, Conltruftions and Purpofes whatfoever, any Thing in any of the faid Laws to the Contrary thereof in any wife notwithilanding. XXr. ProTiided always, and it is hereby enaSled hy ibe Authority aforefaid. That the faid Commiffioners of Sequeftration, refpeftively, and their feveral and rcfpeftive Executors and Adminiftrators fhall be accountable for the due Execution of their refpec- tive Ofiices, in the Manner diref^ed and to be di- refted by any Law or Laws of this State, prior or fabfequent to the paffing of this Aft, faving ntver- thelefs to the Tenants to whom the faid Commif- fioners of Sequeftration have demifed any forfeited Eftates for Terms not exceeding one Year, the Rc- fidue of their faid refpeftive Terms, ■ f ,r . Provifo. Commir- fionert may fell tha State's Property in un- divided Lands, &c*. „j XXIL Pro'vided further, and he it enaSed hy the Authority afore/aid. That the Monies which have arifen from the Sales of fequeftered Property made oy the Commiflioners in the refpeftive Counties within this State, by Virtue of any former Law or Laws of this State, fliall be, and hereby are de- clared to belong to the People of this State. XXIIL And be it further enabled hy the Authority ^forefaid. That all Forfeitures and Confifcations of the Lands, Tenements, Hereditaments and real Eftate, which heretofore have been by Virtue of any former Law or Laws of this State, againft any Perfon or Perfons whomfoever on Conviftion for w. ■f-'- .0 Powers of Commif- fioneri of Sequeftration repealed. Said CommifTioners to be accountable. Monies arifing from the Sale of fequeftered Property to belong to the State. All Forfeitures and Confifcations confirmed. ■J? >*r K ■ M 1 ■*!■'.. - * ^ KotwlthfiiodinB Er- kott in the Proceedingi. All Purchafes direft- ly or indire£lly made by the ComminioneTs to fee void. t 64 1 for adhering to the late Enemies bf this Static, of of this and the other United States of America, isi and are hereby to all Intents, Conftruftions and Purpofes in the Law whatfoever, fully and abfo- lutely ratified and confirmed* notwithllanding any Error or Errors in the Proceedings thereon, or in any wife relating thereto, and all Writs of Error and Errors on any Judgment heretofore rendered relating thereto are hereby for ever barred. XXIV. Jnd ie it further ettaSied by the Authority afore/aiJy That all Purchafes made by Vendue or otherwife by the faid Commilfioher or Commif- fiohers of Forfeitures to bis appointed by Virtue of this Ad, of any Lands, Tenements or Heredita- ments forfeited to the People of this State, or any or either r.f them, or by any other Perfon to or for the Ufe of them, or any, or either of them, ihall be null and void. XXV. Jnd be it further enaSied by the Authrity i aforefaid. That each of the Commiffioners of For- , feitures, to be appointed by Virtue of this Aft, .tJommiffioners'Oath. before he enters upon the Execution of his Office, fhall appear before one of the Judges of the Infe- rior Court of any of the Counties within the ' Diftrift for which fuch Commiffioner Ihall be ap- pointed, and take and fubferibe the following Oath, which fuch Judge is hereby authorifed ana required to adminiller. Viz, I ■ appointed a Commiffioner of Forfeitures for the -^^ — Diftrift> do foleiSnly and fincerely fwear and declare in the Prefence of Almighty God, that I will faithfully and hcneftly execute the faid Office in fuch Man- lier, as I ihall conceive moil for the Benefit and • ' Advantage of the People of this State, according to the true Intent and Meaning of an Aft, enti- tled, " An Aft for the fpeedy Sale of the confif- cated and forfeited Eilates within this State, and for other Purpofes therein mentioned. Afcftrafls of Sales, &c. to be made by the Cummiflionersj XXVI. And he it further enaSied by the Authority aforefaid. That the faid Commiffioner or Commif- fioners of Forfeitures to be appointed by Virtue of this Aft, ihall make an AbAraft of all the Sales by them made within their refpeftive Diftrifts, to contain 1 ot I 6s } Oohtam.t)i; T^afties of the refpeftive PurcKaferl> the Defcriptions of the refpcdive EftatCs by them fold, the Sums for which the fame were refpec- tively fold, the Dates of the refpeAive Conveyan- ces, and the Names of thefeveral Perfons to whom the feveral Eilates. immediately before the For- feiture thereof were deemed to belong; and fliall at the End of every three Months file Copies of fuch Abftrafts, in the Office of the Clerk of the County wherein the Lands, Tenements^ Heredi- taments and real Eftates by them fold refpeftively do lie ; and the Clerks of the rcfpeftive Counties Vithift this State, fhall record fach Abftrafts in a Book or Books by him to be provided for that Pur- pofe, and for which, recording the feveral Clerks Ihall be allowed at, and after the Rate of One Shilling and Six-pence per Folio of One Hundred and Twenty-eight Words, to be paid by the Trea- furer of this State, out of any public Monies which Ihall from Time to Time be in his Hands unappropriated^ on Certific-ates to be granted for the feme by Uiie faid Commiffioner or Commif- fionoa. ln.K- -<;■:■ ■■-,. XXVLL. JM hit flirt ^r enaSied ly the Authority tkforefaid. That the Commiffioner or Commiifion- ers of Forfeitures to be. appointed by Virtue of this Aift,, Ihall from Time to Time make report to the Perfon. adminillering the Government of this State of the Sales by them nefpeflively made, aftdof thelmpedimentsand DifHcnlties which may arife in the Execution of their faid 0&ce« to be communicated to the Legiflature. * ,. . t... ,;^ ^ -, XXVIIIv Andhtitfmrther enaatdhy. the Authority (tf»refaidt That it ihall and may be lawful for the Commiffioner or Commiffioners of Forfeitures to be appointed by Virtue of this Aft, in the refpec- tive Diilrifts for which they ihall he appointed to colleftiand receive all Rents due from Tenants on any of the forfeited Eilates until the TimeofSale thereof, and to commence and profecute in their own Names ^ any -A&ionor Anions in AiTumpfit for the Recovery. of. fuch Rests, with Coils, a. gAinit any Perfon or Perfon^ from whoin fuch Rents are, were or jSiaiU..hecome.dae or owing-, orthdr i re- / And filed eTcrj tlrcf Motichs. And recorded In tht County Clerk't Office. Their Allowance* Sale* and Intpedi* mentt to be reported (« the Governor* • .- > • Rent* of forfeited Ef- tatei to be colle'^ed by the Coounifliunerii How thfey ffert pro» fccute tu lecoTcr t)i(i^« ..^ -- ■ » . '». ■'>■ 'K ■> '■^.% Billi in Chancery to be filed for compelling. • Difcovery of Rent» refpeftive Execotofs or Adminiftrators, upon a quantum vaUrint, for the Ufe and Occupation of the Lands, Tenements and Hereditaments poflef- fed by the faid Pcrfons refpeftively ; and upon the Trial of the J ury fliall find a Verdift for the Plain- tiiFs, for fuch Sum as fhall be proved to them >voaId have been a reafonable Rent for fuch Lands, Tenements and Hereditaments, during the Time they were poirefled by the Defendant or Defend- ants ; fo as the Damages to be aifefled fliall not exceed the whole Value of the Rent which the Defendant or Defendants fliall prove to have been referved and to have become due, while fuch De- fendant or Defendants was or were in Poffeflion of fuch Lands, Tenements or Hereditaments, and . to be then unpaid. XXIX. Jnd be it further tnaBed hy the Authority afore/aid. That it fliall be lawful for the faid Com- miifioner or Commiflioners of Forfeitures, in their' DifcretioB, to file Bills in Chancery in their own Name or Names, againft any Perfon or Perfons, to compel a Difcovery of fuch Rent : that when- ever it fliall appear to the Commiflioner or Com« miflioners of Forfeitures, that any Lands, Tene- ments or Hereditaments, the Arrearages of Rents on which fliall be due to the People of this State, have been fubjed to the Incurlions and Depreda- tions of the Enemy in the late War, and the Pof- feflbrs thereof have been prevented from enjoying the Profits of fuch Lands, Tenements or Heredi- laments, and any Difpute fliall arife between the faid Commiflioner or Commiflioners, and the Pof- feflbrs of fuch Lands, Tenements or Heredita- ments refpe&ing the Abatement which ought to be made in ConfeqMence of the Premifes aforefaid, it fliall and may be lawful for the faid Commifli- ' , j^. A .. I oner or Commiflioners to refer fuch Difpute to be . .* ^^ determined by Arbitrators. And the laid Com< ^ ' miffioner or Commiflioners fliall pay all fuch Rents by them received into the Trealury of this State. jind whereas in many Inflances Perfons have F«rfoiu poffeffing for- pofleflTed themfelves of Lands, Tenements and Sltju^rif Ihc Sure' Hereditaments forfeited to the People of this State, "* to the great Injury of the public ; 'k^-. ■ ' i^ , I \- -... * XXX» £i Abatement when and how to be made on Ar- rearages of Rent. : i» ■t" m f ■i'"ii'4V.y - ■■.*■. . • fjjoying leredi- een the he Pof- sredita- ht to be )refaid, immiffi- te to be Com- Rents State. IS have Its and is State, '" XXX. Bt it further enaaeJhj tbt Jutln^ity afore^ faidt That where any Perfon or Perfons ihall have become po/TefT^d of Lands, Tenements and Here* ditament« forfeited to the People of this State, by the Attainder and ConviAion of any Perfon or Perfons whomfoever, it fhall be lawful for the faid Commiflioner or Commiflioners of Forfeitures , to be appointed by Virtue of this Adl, for the Diftri£t where fuch Lands, Tenements and He- reditaments do lie, in his or their own Name or Names, to proceed againft the Perfon or Perfons fo in PoHTe^on as firft above mentioned upon the Statutes of forcible £ntry and Detainer ; and if it fhall appear in Evidence to the Inqueil, that the fa.^d Lands, Tenements or Hereditaments on the ninth Day of July, in the Year One Thoufand Seven Hundred and Seventy-Six j or at any Time fince were poflefTed by the Perfon or Perfons, by the Attainder or Conviftion of whom the faid Lands were deemed to become forfeited, or by the > Tenant of fuch Perfon or Perfons, who claims by Demife from the Perfon or Perfons fo attainted or f> convitted, made after his, her or their Attainder or Convidtion ; and if poffefled by a Tenant or Tenants in Virtue of a Demife before fuch At- tainder or Conviction, that the Term of fuch Te- nant is expired ; and if the Defendant or Defen- dants fhall not thereupon prove to the Satisfaction of the Inquel!, that the Perfon or Perfons fo at- tainted or convided did fmce the faid 9th Day of July, 1776, and before the Time to which the Attainder or Conviction of the faid Perfon or Per- fons fhall relate, convey the faid Lands, Tene- ments and Hereditaments to the faid Defendant or Defendants, or to the Perfon or Perfons under whom he, fhe or they doth or do claim, that the Inqueft fhall thereupon find the forcible Entry and Detainer againft fuch Defendant or Defendants, and the Seizen in Fee of fuch Commiiiioner or CommifGoners of Forfeitures as aforefaid, as on the Day of fuch Attainder or Conviction as afore- faid : And if fuch Inquifition (hall be traverfed, and fuch Matters as laft aforefaid fhall appear in Evidence on the Part of the People of this State, the J ury fhall find a Verdi£t againit the Defendant. That where any Perfon or Perfons fhall have fo en^ la tered /■ " 'J, •• \ "I ...Vr,' r'f may be proceeded a^rainft on :hf Statute* of forc.ble Encr> & De- tainer. The Tnquefl receir- ing certain Evidence. Shall find the forr.i- hJe Entry and De;ainer agatnlt the DefcnJant. Inquifition traverfed on the fame Evidence, the Jury to find a Ver- di£l againft the Defen- dant. /-■'■■ " ■t* CommiTioneTi obtain* Ing PotTcflton* C'ftt. &c, how to be lecuveted. PurcbaffcT' of ffirfeit- td Lai (i>, i • pofTeflTed, «niiilv.-d to the fame Be- nefit of the StuTute for forcible Emrx and De taittcr ts the Commii- fioners ate> No Writ of Certiora- ti to delay Reftitucion. Suits a^auft Purcha- sers of forfeited Efiatts, liDW to he de '"ended by Aitorn«>-General, &c. tered npoit Lands, Tenements or Hereditaments as aforefaid, and (hall not deliver Poffeflion of thfr Lands, Tenements or HercditHments, fo by him, her or them pofieflcd, when theieunto required by the faiu Commilfioner or Commiffioners of Forfei- tures or any or either of them, and Proceeding* Aall thereupon be had againft fuch Perfon or Per- ions upon the Statutes of forcible Entry and De- tainer ; and if the faid Commiflioner or Commif- fioners cf Forfeitures (hall in confequence of fuch PrucceJings obtain Po(re(r'on of fuch Lands, Te-. nements and Hereditaments, the faid Coxnraif- fioner or Commiffioners (>( Forfeitures, (hall reco- ver the Corts and Expence of fuch Proceedings be- fore any Juftice of the Peace within this State, the Jurifdiftion of which Juftice is hereby extend- ed to fuch Sums notwithftanding, the Sum in de- mand may exceed the Value of the Sum to which the Jurifdidion of a Juftice of the Peace may be limited by any Law of this State ; and that in cafe the fdid Commiflioner cr Commi(rioners of Forfei- tures, fhall think proper to fell and difpofe of anv forfeited Lands, Tenements or Hereditaments, lo poffeffed as laft mentioned, Purchafer or Pur- chafers thereof (hall, and ai hereby entitled to have the fai:i:'e Benefit in allThingsof the Statutes of forcible Entry and Detainer, as the faid Com- mi(fioner or Commiflioners of Forfeitures are here- in above entitled to ; and no Writ of Certiorari (hall lie in any of the Cafes aforefaid, until after a Trial of the Traverfe, and the Writ of Ccrtio* rari (hall not delay the Writ of Reftitution. XXXI. And be it further enaSei by the Authoribfi afortfaid. That in all Cafes where Suits (hall be commenced agaiiift Purchaf^rs under the Com- miffioners of V orfeitures as aforefaid, by any Per- fon or Perfons claiming the Eftate fo fold by Title oppofed to the Title derived under either of the faid CommilTioners of Forfeitures, all fuch Suits (hall be defended at the Expence of this State, and by the Attorney General of this State in Be- half of the People of this State: That it (hall be lawful ftr the faid Attorney General, by Warrant from ti.e Perfon adminiftering the Government of the State for the I irae being, to draw from the Treafury w f «9 I Treafury of this State, Aich Suffl an^ §aiii* of Money as the Perfon adxniniftering the Govern^ ment fhall deem neceflary to be expended in and about the Defence of fuch Suits ; that the Attor- ney General (hall once in every fix Months ac count with the Auditor of this State for the Ex- penditure of fuch Monies ; and that the Attorney General fhall, upon a Warrant from the Perfoil aJminiftering the Government for the Time be- ing, employ fuch Counfel to alGfl in and about the Defence of fuch Suits, as the faid Perfon ad* minitlering the Government ftiall from Time to Time deem neceflary : And in Order, the better to anfwer the good Purpofes of this Liw } ^9**'^ XXXII. Be it further enaQed hy the Jutbority afort- /aid. That the f.iid Conimiflioncr or Commiflioners of Korfeitures, fhall have and are hereby vetted with full Power and Authority by Summons under his or their Hand or Hands, and Sealer Sei!s, to require any Perfon or Perfons to appear before him or thent at fuch Time and Place in the faid refpeftive Dif- trials, V. hich lie or they fliall appoint for the Purpofe, to give Evidence as to fuch Matters and Things as the faid Commiflioner or CommiiBoners fhall judge neceffar)', for the full and complete Execution of their Office ; and in Cafe of negleft or refufal of fuch Perfon or Perfons to attend and give Evidence asaforefaid, and produce fuch Papers, Deeds and Inftruments in Writing as may be required by the faid CommiiTioneror Commiflioners and due Proof there* cf by any credible Witnefs to be made before any Jullice of the Peace in the County where the for- feited Lands, Tenements or Hereditaments iit Quellion do lie, fuch Perfon or Perfons fo negledl- tng or refafing, fhall forfeit Ten Pounds with Colls of Suit, to be recovered in a fummary Way before fuch Judice in the Name or Names of fuch Com* 01 flionerorCommiflioners ; and when recovered and received by him or them, the fame (hail be paid into the 'I reafury of this State. -iJE:ii ,.-. if-yt,?'!!!*' I,,'", :■..'*- Commi/rionen cm* powered to fununon E^ videncek Whs, fn e»fe of We- gleft or Kefufiil to 4ty tlifirPuty. ' , ^.' Shall forfeit iqU . \ J - Provided alwaySf That no Perfon or Perfons fliall be obliged to give any verbal or written Evidence to fuch Commiflioner or Commiifioners which may 9ik&. his or their owo private Intereft. XXXIII. Jnd Provilb. In favour q| Witnefl«g initituted. [ 70 1 41 ffartain CopiM or Ex« ttaAi of Recordf,Mapi, Ice. to bfl delivered the Commiflionen from cer* Uia Officer*. XXXIIT. Jmiht it further inaatdhy tb* Authority afort/aiJ, That it fhall and may be lawful for tho Commiifioner or CommiiEoners of Forfeitures for each of the faid Dillridls, to demand and receive Copieg or £xtra£ls of any Recordi» Maps or other Papers from the Keeper of any of the Public or County Records of this State^ which he or they (hali on Infpe^Vioti refpedively deem neceflary for the du» Execution of the Powers and Authorities hereby veil- To be pftrd Ibrby the cd in him or them to be paid for by the Treafurer of this State, out uf any public Monies which (hall from Time to Time be in his Hands unappropriated on Certificates to be granted for the fame by the (aid Commiffioners rcfpeftively» Treafurer, on Cercifi oatot from the Commif< iionen. Preamble. Refpefling forfeited Landif Ac. rented by the Commiifioners. Who are tutborlfed T» Demife the fame for • Term not exceeding one Y^r. .. r, , A Farm in Weftchef- Cer County granted to Thomas Paine, Efqj on Account oi hit eminent Services in favour of the United States. w ^~ Andnuhereat it may fo happen that certain of the- forfeited Lands, Tenements and Hereditaments may not be conveniently fold or difpofed of until fome Time be elapfcd, and in fuch Cafes it may be ne* ceflary for the Commiflioner or CommiiTioners of Forfeitures appointed by Virtue of this A£t, to de- mife the fame for ihort Terms referving reafonable Rents to arife therefrom for the Beneiit of the State. XXXIV. B» it thtrtfort tnaBtd By the Authtrity tt/ore/aid. That the faid CommiiTioner or Com- mtifioners (hall be and are hereby fully authorifed and empowered to demife any forfeited Lands, Tcp- nements or Hereditaments veiled in the People of this State, as in the Difcretion of the faid Commif- fioner or CommiiTioners of Forfeitures fhall appear reafonable, fo as that fuch Demife ihall not be for any longer Term or Terms refpe£lively, than one Yean •k''''^'r'V^(v.'';i;fiim'i/-',%^i!f^'^-^'^-i'^ XXXV. And he it further tnaHed Ij the Authority afere/aidf That it Ihall and may be lawful to and for the faid CommiiTioners of Forfeitures for the Southern Diflrid, and they are hereby authorifed and required in Confideration for the eminent Ser- vices rendered to the United States in the Progrefs of the late War, by Thomas Paine, £.fquire, and as a Teltimony of the Senfe which the People of this State entertain of his dillinguiihed Merit, to grant and reieafe in due Form ot Law unto the faid l'ho«^ mafi Paine and to his Heirs and AlTigns for ever, \% Jit 1 1 ■ t 71 ] Fet Siffiplt, all that certain Farm or Plantation fituate in the Townfhip of New-Lochell in the County of Wedcheder, formerly belonging to, and ufually called the Farm of Captain Bailey, deceafed, and afterwards called Devoe's lower Farm, containing by Eilimation about three Hundred Acrei« and which became forfeited to, and is now vefted in the People of this State by the Conviction of Frederick Devoe. . ^ XXXVI. j^hJ h* itfurtbtr tnaBed hy tU Authority ufortfaid. That the Commiflioners of Forfeiture* for the Southern Diftridl, L: a.^d hereby are authorifed, required and direAeci to graut, releafe and convey onto John Mc. Keflbn, of the City of New- York, Clerk of the Supreme Court and Clerk of the Courts of Oyer and Terminer and General Gaol Delivery of this State, and to his Heirs and Afligns for ever, in Fte Simple, all that certain Mefluage or Dwelling Houfe, with the Hereditaments and Appurtenances, V fituated on the South Side of Queen-ftreet, in the Eaft Ward of the faid City, now in the Occupation [> of Elizabeth Holt, the Widow of John Holt, de- ceafedy and which became forfeited to and veiled in the People of this State, by the Attainder of Jamea ]vmccy, lateof the faid City, Merchant, andtoin« elude the Lot or Toft of Ground whereon the faid Houfe (lands, as the fame was formerly purchafed by the faid James Jauncey—That the faid Commiflion* ers do, previous to fuch Conveyance, caufe the faid Dwelling Houfe and Lot or Toft of Ground, to be appraifed by two or more of three reputable Free, holders, to be by them nominated for that Purpofe, the Amount of which Appraifement (hall be tho Confideration Money to be infer ted in fuch Convey- ance, and (hall be charged by the Treafurer of the State to hav^e been received by the faid John Mc, Ke(ron, on Account for Monies due to him as Clerk of the Supreme Court, and of the laid Courts of^ Oyer and Terminer and General Gaol Delivery, for Services in Profecutions on Behalf of th« People of this Sute, againft Perfons for having adhered to the Enemies of this State and other Prolecuti 3ns oa Behalf of the faiid People. • "»• ■**' * XXXVir. y/»e it further enaQed hy the Authority i^ort/aid^ That the Commiflioners of Forfeitures for A HGuffl and Lot af Ground in the City of New- York, to be con- veyed on Appreifement to John Mc. Keflba, Efquire, on Accouac. 1 -., 1 1 A lot cf Ground 'n tteCityofNew-Ycrk, and k Farm near the fame to be releafed by the Conuniflinnert on .Appraifement thereof, to Robert /Vattt and Jobr W«(t«, junior. ^ro»ifo. Application ^elng siade in lo Days* And the appralfed Value delivered co the CommiiEonera* And ttie Amount p«Id In Specie, New.Emir* fiuB Bilh, or in Miii« ttry Certificates. i 7K ) the Soutliern Dipraifers to be chofen as aforefaid» ^ , Prcvtt/e^f That Application {hall be made to th6 faid Commiflioners, in Writing by the faid Robert Watts and John Watts, junior, or either of them, within ten Days next after paiHng of this Aft: Aa4 fnmided further^ That the Appraifement, :h Mann*^;- aforefaid ihall be mad^, and a Certificate under the Hands and Sea!s of the faid Appraifers, fpecifyinj the appraif(?d Value of the faid Lot and Farm, ie-» verally, (hall be delivered to the Commiflioners aforefaid, and the Amount, agree'.ble to fuch ap- praifed Value, be paLd by the faid Robert Watts aiKi John Watts* junior, or either of them ^ to the faid Cpmmiifioners, on or befoie the firft Day of July next, ift Gold or Silver* or in Bills of Credit e|]()ittv'd in this State, purfuant to an Afti entitled ** Aft, Aft approving of the Aft of^Congrefs of the 1 8th of March, 17F0, relative to the Finances of the United States, and rcaKidrg provifton for redeeming the Proportion of this btais of the BJIs of Credit to I be einitted in purfuance of the faia A£t of Con- grefs," or in Bills of Credit emitted purfuant to au A^» entitled '* An Aft for emitting Monies upon the Credit of this State,'* paiTed the 27th of March* 1781. or in Certificates iuued by the Auditors ap'* fK>inted in puifuance of the Aft, entitled •* An Aft \o.li^uidat&AAd.iettl«. the. Accounts , of th^tXroiops •f , «W,r ] .m 'of this State, In the Service of United States," paf- 'icd the 4th of Oftober, 1 7 So. m y^^.. ^^' Several Lbtt to lb* releafed to Anas White, . CXXVIII. J»J Iff if further tnaBei hy ihe Jutho' 'rlty afore/aid. That the Commiflioners of Forfeitures for the Southern Diftrjd be, and they are hereby authorifed to rele:)fe and quit Claim unto Anna- in the Manner and on White* Widow and Relict of Thomas WTiite, late the Terms contained \ti ■ofthe'CltyofNew-York, Merchaht, deceafed, the ^l** '*ft preceding Sec- *n.,. m I ] faid Treafurer is hereby dire£led and required from Time to Time, to open Accounts for tl^p refpec- tivc forfeited Eilates, which ftiall be found fubjeft and liable fo» any Debt or Demand duly adjufted and certified as aforefaid ; and to credit fuch for- feitjed Eftates refpeftively, with all Sums of Money which fhall be paid to him by any Commifiioner or Commiflioners of the faid refpeftive Diftricls, or ihall otherwife arife and come into his Hands for the Ufe of the People of this State, as or for, or on Account of the Sales, Produce or Proceeds of fuch forfeited Eftates, whether real or perfonal ; and the faid Treafurer Ihall charge fuch forfeited Eftates with the feveral Debts and l3emands, which /hall be adjufted and certified to be due and owing therefrom in Manner aforefaid ; and it fliall be, and is hereby declared to be the Duty of the Com* miflioner and Commiflioners of forfeitures of each of the faid refpedive Diftrids, and he and they are refpeftively enjoined and required as foon as he or they Ihall have rlofed and completed the Sale of any forfeited Eftav^ within his or thcirj Diftridl, forthwith, by Writing under his or their Hands to certify and make known to the Treafurer, that the Sale of fuch forfeited Eftates as far as the fame hath come to his or their Knowledge is clofed and compleated, and therewith to render to the faid Treafurer upon his or their corporal Oath (to be adminiftered by any Juftice of the Peace) a juft and true Account of fuch Sale, and thereupon the Treafurer by Advertifements to be publiftied, not lefs than thrice in two or more of the public News- papers printed in this State, fhall notify and re- quire all Perfons relievable by this Aft, with whofe Accounts or Demands again ft fuch forfeited Eftate audited and certified according to the true Intent and Meaning hereof he fhall not then be furnifhed, to exhibit to him their Claims or Accounts legally audited and certified as aforefaid, againft fuch for- feited Eftate, the Sale whereof Ihall then be clofed and compleated as aforefaid; and all Creditors and Claimants who fhall not comply with the faid Notice and Requifition within the Space of four Months next after the firft Publication of fuch Ad- vertifement, fhall be and hereby is and are, to all Intents and Purpofes whatfuever abfolutely de- barri^d s f 77 T barred attd for ev«r, precluded from all Relief, B«*- nefit and Advantage under, or by Force and Vir- tue of this A- and in Payment for the wafte and unappropr' Lands within this State, and in Pavmentc ;•' State Taxes hereafter to be levied in this Staie the fame Rate with Gold and Silver, although the fame may not be mentioned in a future Law for the levying of Taxes, except in any Rates or Taxes which by Law may be dircfted to be raifed during the prcfent Meeting of the Legifliture, which faid Certificates are hereby declared to be negotiable. XLIV. Provided al'ways, and he it further enaSt- ed by the Authority afore/aid. That if the Produce or Proceeds of any fuch forfeited Eftates ftiall be infufficient to fatisfy the Whole of the Claims and I^emands fo to be audited and certified to be due thereon Debri and CUiim •- painlt torteited iiittactUk being audited. The Treafurer t» dif- charge the Amount of furh Claims and Debcs by feiving Certificates on I mere it at fa per Ceiic. pur Annum. Which fliall be ?»• eivable forcenain t(ir- feited ; and the unap- propiiated Lands. And in Payment of certain Taxes* The Proceed* of fof- feited Eftacet infuffi- cient to fatisfy the Cre- ditors; to be divided ia proportion to their Clalau* H Such CredStori or Claimant* to pay Fees to Judges, Audicors,&c. The Oath to be taken by Creditors or Claim- ants ; previous to being entitled to the BeneAis «f this AA. Debton to Perfons whofe Eftates are for> feited, to pay their Debts in Jix Months to the Treafurer. In Specie and certain ^per Sectti^iiicf men- tioned in tht Sfth Sec- tion hereof. [^8 ] thereon in Parfuance of this Aft, then and in every fuch Cafe it (hall and may be lawful to .ind for tht; faid Treafurer, and he is hereby direfted and re- quired to diftribute the Monies which Ihall have arifen from the faid forfeited Eftate, among all the Claimants or Creditors whofe Debts and Demands fliall be fo afcertained and chargeable thereon by this Aft, in Proportion to the Sums certified to be due to each of them refpeftively, by giving fuch Certificates as aforefaid. ^ r XLV. Vronjided alfo, and be it further enaSied hy the Authority afore/aid. That the feveral Creditors or Claimants who fhall become entitled to Relief by Virtue of this Aft, fhall be chargeable with and pay reafonable Fees to the Judges, Auditors, Witnefles and others for their Services in auditing, adjufting and certifying their refpeftive Accounts in the Manner in this Aft direfted : Pro'vided al/o. That to entitle any Claimant or Creditor to the Benefit of this Aft, he fhall make Oath before the faid Treafurer, or one of ther Judges of the Inferior Court of the County wherff fuch Claimant or Claimants refpeftively fhall or may refide, who are hereby refpeftively authorifed and direfted to adminiller the fame, that he or fhe hath not received or fecured, nor expefts to receive or fecure any Part of the Debt or Demand which fhall be awarded and certified to be due to him or her in Manner aforefaid, by any Ways or Mean& whatfoever, the Provifion made for him or her by this Aft, only excepted. •>*t. XLVI. Jiid be it further enaSied by fhe Authority etfcre/aid. That it fhall and may be lawful to, and for all and every Perfon or Perfons, being Citizens of this 8tate> who is or are indebted by Mortgage, Bond, Specialty, Contraft or on Account to any Perfon or Perions, whofe Eftates real and perfonal is or are by Attainder or Conviftion forfeited to the People of this State, within fix Months after the paftng of this Aft, to {^ ay the faid Debts, Dues a«d Demands to the Treafurer of this State, who is here- by required to receive nil fuch Debts, Dues and Demands in Specie or other Monies, and paper Se* cuiities C 79 1 •raritws made receivable in Payment upon the Sale •of forfeited Eftates by the fifth Sedion of this Aft, and where fuch Debt? rere due from any Perfon or Perfons who have not remained within the Enemy's Power during the late War to any Perfon or Perfons who remained with, orwentinto the Enemy's Power or Lines, and whofe Eftates have been reipeftively forfeited to the People .of this State by his or their Attainder or Conviftion refpeftively"; fuch Perfon or Perfons being fo indebted may in Difcharge of fuch Debts, in Addition to the Securities above mentioned, pay unto the faid Treafurer the like Certificates or Notes, and be difchargtd from any Jntereji nuhich may have become due on fuch Debts^ as is direfted by the Aft entitled, " An Aft relative to Debts due to Perfons within the Enemy's Lines,'* paffed the 21th Day of July, 1782, and upon the Payments of fuch Debts, Dues and Demands as aforsfaid, the faid Treafurer fhall give his Receipt, which Receipt (hall be a fafficient Difcharge for fo much cf the faid Debts, Dues and Demands — That from and after the Expiration of thf Tatd fix Months, it {hall and may be lawful to and for the faid Com* miflioner or Commifiioners of Forfeitures within his or their refpeftive Diftrifts, to alk, demand, fuefor and recover in his or their own Name or Names, all Debts, Dues and Demands which are owing, due and payable to any Perfon or Perfons whofe Eftate real and perfonal is or are by Attainder or Convic- tion forfeited to the People of this State by Virtue of any Law or Laws heretofore pa^ed, and all and fingular the Intereft Money due and to grow due thereon ; and that in all Profecutions to be brought by the faid Commiflioneror,Commiffioners in Virtue of this Aft in any Court of Record, no EfToin, Pro- teftion or Wager of Law, n r more than one Im- parlance (hall be allowed; and if fuch Suit or Suits iball be commenced in any Court of Equity, then and in every fuch Cafe the Defendant or Defendants ihail be compelled to make full Aniwer to the bill, unlefs the fame be demifed on Demurrer for W;-nt of Equity and the Monies recovered by the faid Commiflioner or Commifiioners in the faid feveral a«d refpeftive Suits, Ihall by him or them fom Time to Time be paid iato the Treafury of this State. Whereat ^l ■^"M Certain other Certl- ficatei piyable for faid Debts by certain other Perfonst Treafurer to gite Rbp- ceipct for the fame. When and how the Commiflioner* Ihall fu« for the Debts and In- tereft owing to Perfona attainted or convided. i' .rt^mt[t. ^htrtds biivrer Delancy and Peter Dubois di4 releafe and convey .certain Lands in New-Perth in "JRefpeftinp Lsncif re- _ ,,". "" ' ~"\ ~,, .V.V \ r> \ letfed, bv Oliver De Walhington County (then called Charlotte County) Xancy and Peter Dubois to.Tiu^iXMi.CUrjc, in Fee to Thomas Clark, fubjeft to the ahridal Rent of one Shilling per Acre, and 'the faid Thoma* Clark conveyed futidry Lots and Parcels of the faid Lands to other Tenants in Fee, fubjedl to the faid annual Rent; and the Right snd Eltateof the iaicl 'Oliver Delancy, by his Attainder having become vefted in the People of this State, the faid Thomas Clark bath by his Petition prayed the Legiilature to be difcharged I'rom his Covenants for the Payment of the faid annual Rent, and the other Tenants in Fee of the faid Lands have by their Petition prayed a Remiflton of their Rents in Arrear or fome Part- thereof, . The faid Thomsj ^atk to Account with the Comtniflioners for rhe Moiety of Returns received by him, &o« Colleflion of the Moiety due from the Qccupants, ilaycd^ &c. The Cottimiflioners inhibited from Selling or Demiling certain Ef- tates. !;*■■ p r fi? 4 XL\'H. l^e it therifore- enaHed iy the Jutbority afortfaidt That the faid CommiHioner of Forfeiturea for the Eaftern DiftritS, (hall, and he is hereby au- thorifed to require the faid Thortias Clark to account for the Moiety of the Rents which he hath received for the Lands which he held from Oliver Delancy and Peter Dubois under a yearly Rent, and that, if the, faid Thomas Clark inclini2s to reteafe his Right to. the faid Commiflioher to the Ufe of the People of this State, fo far as it refpefts the Eftates conveyed by the faid Oliver Delancy, that the faid Commif- fioners do accept of fuch Releafe. XLVIIL And he it further enaaed hy the Authority afofefaid. That the Colleftion of the Moiety of the- Rents Hill due from the Tenants occupying the faid Lands be flayed until the Legiflature ihall diretl otherwife. f XLIX. Attd be it further encQed hy the Authority eiforefaidt That it ftiall not be lawful for the faid Commiffioner or Commiffioners of Forfeitures to be appointed by Virtue of this Aft, to fell or demife the following Eftates, to wit. The Farm or Plan- tation fituate in the Eike^Bofli, in the Djftrift of Kiiiderhook in the County of Albany, forfeited by the Conviftion of Andries Kettle j the liftate late of William Zimmer, in the Diftridt of Schohary in the Count/ aforefaid ; the Lands in PofieiTion of Jacobus Mabie [81] ^able and Jofcph Mabie, in the County 5f "MdnU gomery : the Farm of Charles Heroy in the County of Dutchefs } the Farm in Pofleffion of Ruth Fcr- gufon, in the DiftritSt of Hofick in the County of Albany : the Parfonage and Glebe near Continantal Village formerly in Pofleffion of Ebenezer Jones ; the Eftate late of Lucas Vedder in the faid County of Montgomery ; the Eftate late of Henry Herring of Palatine Diftridt, in the faid County ; the Eftate late of Jonathan Fowler, Efquire, in the County of Weftchefter ; the Eftate late of Bartholomew Crannel, Efquire, lying within the Precinft of Poughkeepib ; the Eftate late of James Lamb, ly- ing within the Precinft of Haverftraw ; the Eftate late of John Turner, Shopkeeper in the City of New York ; the Eftate late of Samuel Striker of Gravefend at Long Ifland ; the Eftate late of James Hubbart of Gravefend, in King*s County on Naflau Ifland ; the Eftate of Benjamin Clofe late of Weft- chefter County ; the Houfe and Lot of Ground in the City of New- York, late the Property of Wal- dron Blauw, now in the Pofl!eftion of Edward Doughty ; the Parfonage and Glebe Lands in Phi- lipft)orough in the County of Weftchefter, or any Land heretofore belonging to Frederick Philipfe in the faid CountVj on which sny Church or Place of Public Worfhip is 'now erefted, not referving more than two Acres adjoining to fuch Church or Place of Worfliip : The Eftate late of Gilbert Purdy, in Newburgh Precinft in the County of Ulfter ; the Parfonage and Glebe Lands in Johns -Town in the County of Montgomery, or any Land heretofore belonging to Sir jfohn Johnfon in the faid County on which any Church or Place of Worfliip is now erefted, not referving more than two Acres adjoining to fuch Church or Place of Worfhip, or the prefent Highway or any Part thereof extending either Way from the prefent Bridge over Speyten Devil-Creek, commonly called Kings- Bridge, as far as the fame pafles through or is laid over any Lands belonging to the People of this State j which faid Bridge and Highway extending from each End thereof, as far as the fame is laid over any Land belonging to the People of this State, fliall be, and hereby is declared to be a public Highway, and ftiall for ever hereafter lie refeived and kept open as a public Highway. L L. Ji$d > I ■M :*»• ill 11 ' I tni 1-4 per Cent allowed to the Coui miflioners for theSou> them Diftrift for their Services, inclufive of Expence, Sec. I 8» 3 L. jItiJ he it further enaHed hy the Authority afore/aid^ That the Commiflioners of Forfeitures to be appointed by Virtue of this Aft, for the Sale of forfeited Eftates in the Southern Diflrift of this State, (hall receive a Commiflion of one and one fourth per Cent, on the Amount of Sales to be made by them as a Reward for their Services, and in Pay- ment of all Expences in caufing Surveys to be ma(fe, and of all other Charges and l3i(burfement8 whatfo- ever in the Execution of their Office ; and that the Commiflioner or Commiffioners to be appointed in the other Diftrifts of this State in Manner aforefaid, fliall each be allowed the Sum of Twen^-four Shil- lings per Day, for every Day he or they Ihall be ac« tually employed in the Service required of him or them by Virtue of this Aft, for his or their Time and perfonal Expencc, and exclulive of all other neccflary Expences from 'lime to Time, to accrue in the Execution of the Powers and Authorities that fhall be exercifed by him or them in Virtue of this Law* Monies to be ail- LI. And he it further enabled hy the Authority vanced to the Cora- aforcfaii^ That the Treafurer of this State is hereby millioners. required to advance to the Commiffioners of Forfei- tures to be appointed by Virtue of this Aft of the feveral Diftrifts refpeftively, that is to fay, to the Commiffioner of the Middle Diftrift a Sum not ex- ceeding Twenty Pounds ; to the Commiffioners of the Weftern Diftrift, a Sum not exceeding One Hun- dred and Fifty Pounds ; and to the Commiffioner of the Eaftern Diftrift, a Sum not exceeding Thirty Pounds, to enable them to proceed on the Bulinefa enjoined on them by this Aft. And 24s. per Day, to the Commiflioners of the other Diftrifts exclufive of all Ex- pences, perfonal ex- cepted. Commiffioners lay Deeds, to veftthePur- chafers with all the Rights and Interefts, &c. of the People of the State to the for- feited Eilates. LI I. And he it further enaBed hy tie Authority aforefaidj That fuch Deeds and Conveyances ftiall be given by the faid Commiffioner or Commiffioners of Forfeitures, for all forfeited Lands, Tenement* and Hereditaments to be fold by Virtue of this Aft, as will veft the Purchafer or Purchafers, his, her or their Heirs and Affigns with all and lingular, the Eftates, Rights and Interefts held by the People of this State in, and to fuch Lands, Tenements and Hereditaments previous to fuch Sale. n hill, Attd [ 83 ] ioriiy fliall LIII. AnJ Be it further enabled ly the Authority Powers of die Com- nforefaid. That all and fmgular the Powers and Au- miiTiom rs for the thoritiei hereby vefled in the Ihid Commiffioners of Wcft.rn Diftrift may Forfeitures for the Weftern Dirtri, (hal^ to all In- I'c.^xcrcifcclhy* M»4 tents, Conftrudions and Purpofes in the Law what- J*^"^'^/ ^^ '^'^'='"' foever, be excrcifed and executed by the fuid Com- miffioners or a major Part of them. LI V. And he it further enabled hy the Authority All former Power etforcjaid^ That all and fingular the Powers and Au- granted to the Com- thontics granted to any Commiffioner or Con>TTiJfllon- miflioncrs repealed , crs of Forfeitures by Virtue of a Law ot this State,, entitled, ** An Ad for the Forfeiture and Sale of the Eftates of Perfons who have adhered to th© Enemies of this State, and for declaring the Sove- reignty of the People of this State, in refped to all Property within the fame," pafled the 2 2d Day of Odober, 1779, and all other Laws of this Stat© touching the Powers given to the Commiffioners of Forfeitures, p..iTed prior to the firil Day of January laft, fliall be, and the fame and every olF them are hereby repealed, annulled and made void, any Thing in the faid Laws, or any or either of them contained to the Contrary thereof in any Wife notwith* Aanding. LV. Prov ■ '"f the fiud Laws, ricd into Execution, or any or eit) '^r of them, have rec-ived any Loca- tion or Locatio s for the Sale of an orfeited Lands, Tenements or Ff'reditaments, maa«. nConfor-nity to any Law or L -« s of this State which was or were in Force at and in, nediately before the Time f th"^ paffing of this A6t, the faid Comnaiffioners fliall be and hereby are authorifed to carrv the Sales upon fuch Location aud Locations, and ach and every of them into full and complete Executic to all Intents, Copftruc^ions and Purpofes whatlfoever in the Law, as if this Law had not pafled, any Thing, hMpjn contained to the Contrary in any Wile notwith- . ilanding* *. I Is V! Whereat^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I iii 1 2.8 Iff 1:0 12.5 2.2 12.0 1.8 1.25 1.4 1.6 ■» 6" ► m ^ n o ^ e-i '•'/// ^>. > > /; o^. •'A %! Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, li.Y. 14580 (716 872-4503 A^ Q ^ .-■":jiy::z-:p::: i\ Preamble. Pievent- Whtreai John H, Sleght, of Rumbout PreclnA, ing the Sale of a cer- in Dutchefs County, in thfe Year 1777, conveyed a tain Farm forfeited by certain Meffuage and Farm in the Precinft aforefaid, John Kane. tHen in his Pofleffion, to John Kane, fince attainted i of adhering to the Enemies of this State, and the faid John Kane at the Time of the Conveyance thereof, promifed to the faid John H. Sleght, that he Jhould retain the Pofleffion of the faid Farm during the War and at a reafonable Rent ; Preamble, ' And whereas by an A6t of the Legiflature for the further Amendment of the Law9 direfting the Sales of forfeited Eftates, pafled the 31ft Day of March, 1 78 1, it was in and by the 14th Claufe of the faid AA enabled that the Commiffioniers of Forfeitures for the Middle Diftri^t, or the Commiffioners ap-^ pointed to procure a Sum in Specie, (hmld not fell or in any other Wife difpofe of the faid Mefluage and Farm until the Legiflature fliould rnakt further Provifion in the Premiles : And whereas John Morln Scott, did formerly make a Location on the faid Farm and depofit Certi- ficates given for the Depreciation of the Pay of fome of the late Troops of this State, with fome of the Commiffioners for the Sale of forfeited Eflates . ■ in the Middle Diftrift, but by R-afon of the faid Claufe of the faid A6t, the Sale and Conveyance of the faid Farm to the faid John Morin Scott has not been completed. Commiffioners re- UV I. Be it therefore enaHed ly the Authority afore' quired to convey {i\A /aid, That the late Commiffioners of Forfeitures far Farm to John Morin the Middle Dlflrid, each and every of them are *" *■ hereby ftridlly enjoined and required without Delay to execute all and Angular the Powers and Authori- ties vefted in them by Virtue of an Aft entitled, **'An A* has been repreftnted to this Legifla» ture, that Ifaac Low, late of the City of New- York did, by his Attorney, Beriah Palnier, of Balls Town, in bcotc. CommilHoners ro coavey certain Lands to Epenetus White, on paying the Sunv agreed between him and Beriah Palmer, &c< &c. C 8s ] in the County of Albany, agree w cofivey to Epe- ' netus White, of Balls Town aforefaid, a certain Traft of Land lying in the Patent of Kayadesoirera* as appears by the faid Agreement j LVII. Be it therefore enaHedly the Authority afore- faid^ That the Commifficners "ro be appointed for the Weftern Diftrift by Virtue of this Aft, are hereby authorifed and required to convey to the (aid Epene- tus White the faid Trafl of Land, on his paying to them the Sum agreed upon between him and the ftid Beriah Palmer, with the Intereft thereon 'till paid (except for fuch Time as the Intereft is remitted 11) and by the Aft entitled, ** An Aft relative to Debts due to Perfons within the Enemy's Lines," pfled the izth Day of July, 1782) and alfo on hi» paying any lawful Cofts that may be due to the CoramiiTioners of Forfeitures for the faid Weftern Diftrift, for any Thing they have done or may do refpefting the faid Lot or Parcel of Land. And whereas by an Aft, entitled, " An Aft to Preamble, tppropriate certain Buildings to public Ufe»," paifed Refpefting certain at this pitifent Meeting of the Legiflature, a certaiti Buildings appropri- Houfe and Lot of Ground fituate in the Weft- Ward "^^ topubhcUfcs. of the City of New- York and vefted in the People of this State by Attainder of William Axtel, Efquire, late a Member of the Council of the King of Great- Britain for the late Colony of New- York, was fet apart for the Ufe of the Secretary of this State, and as 9 Depofit for the public Records thereof : And by Virtue of the faid Aft, the dwelling Houie wnd Lot or Toft of Ground with the Appurtenances in the Eaft-Ward of the faid City, late in the Occupation of Henry White, Efquire, late a Member of the faid Council, and vefted in the People of this State by the Attainder of the faid Henry White, has been fet apart for the Refidence of his Excellency the Governor. LVin. Be it therefore further mailed hy the Au' Commiflioners in- thority aforefaid. That the Commiflioners of Forfei- hibited frona receiving tures for the Southern Diftrift of this State, are here- fr " n^n X°fi"c. by inhibited from receiving any Location on either ° "S of the faid two dwelling Houfes or Lots of Ground, and from making any Sale thereof) or of either of them I ' t: ■ vV/-' [ 86 ] tlicm ; but the fame are hereby declared to be re» ferved for the CJfes aforefaid, until the further Order of the Legiflature. ^^ ,; ■.r' •: CHAP. xxxni. u#« v^<.7 for the Indemnification of the Commijfionh's of Scqueftration and the Commijjioneri of ForfeitureSy , and the Lejfees under them, and for other Purpcfes ' therein mentioned, Pafled, March 14th, 1785. Commiffionsrs of Scqueftration indem- nified forLeafes made by them of Lamls belonging to Pcrfons with the £o«my. And no Suits to be maintained againft them for the fame. Said indemnifica- tion extended to Com- miffioners of Foifei- tures. Provifo. Preamble to the fol- lowing Clauie* I. JDE // enabled hy the People of the State of JVrtW- Tork) represented in Senate and AJfembly, and it is hereby enabled hy the Authority of the fame ^ That the late Commiffioners of Scqueftration within the feveral Counties of this State, (hall be and thfey are hereby declared to be iridemnified for all and every Leafe and Leafcs made or given by them, of Landa and Tenements the property of Perfons who at any Time during the late War had gone over to, remained with, or joined the Enemy. And that no Suit or Suits already brought ihall be maintained or here- after commenced againft the faid Commiffioners of Scqueftration, or againft any Perfon or Perfonb hold- ing under them, by any Perfon or Perfons claiming Property in or to fuch Lands and Tenements i And fuch Indemnification fliall alfo be and hereby ia extended to the Commiffioners of Forfeitures for the feveral Diftridb of this State, and the Leflees under them. Provided alixsays, That nothing herein con- tained ftiali be conftrued to bar or preclude any Suit or Suits which may be brought for the recovery of Damages fuftained by wanton and unneceflary Wafte and Deftrudion. And nvhereas certain Lands, Te- nements and Hereditaments forfeited to the People of this State, are fo circumftauced that they cannot be fpeedily fold, and no Authority is vefted in the Commiffioners of Forfeitures to deraife the fame alter the fiift Day of May next. >»i II. Btr ■'•.■-»« f *f:' '•^-yrfrry-i--:^^:-:: -;' U ! 87 ] II. Se it therefore cnaHed ly the Authority afortfaldt Commiflioncrs of That the Co.nmiffioners of Forfeitures for the feve- Forfeitures may leafe ral Diftridts of this State fliall be and hereby are au- ^"^^'^ Lands tor one thorized to demife fuch Lands, Tenements and He- '^* reditaments for any Term not exceeding one Year after the firft Day of May next, • -^ . >;?;rn, .. . . "^ CHAP. LXVI. ■Mt:^^:'^^ ■c'\ An ACT to facilitate the Settle>nent of the wajle and unappropriated Lands tuitbln this State, and for repealing the AH therein mentioned, FafTed the 1 1 th of April, 1775. ■'•'■ ^- ^ .. v: ntsi y ia the [idcr :on- Suit of 'afte ITe- )ple tnot IK, AND le it further eUaSted ly the Authority aforefaidy That any Lands legally purchafed from the native Indians, prior to the tourteenth Day of 06lober, One Thoufand Seven Hundred and Seventy-five, (hall not be liable to be granted by Virtue of this Act j but all Perfons claiming by virtue of fuch Indian Purchafes, who have not already exhibited their Claims by Virtue of the Aft herein before repealed, may exhibit their re- fpedtive Claims to the faid Commiflioners before the tenth Day of May next ; and all fuch Claims not exhibited before the faid tenth Day of May, are hereby declared to be void. And the Lands fo claimed, liable to be located and to be granted as herein before directed. And the faid Commiflioners are hereby authorifed to hear and determine fuch Claims, upon the Application of the refpeftive Claimants, on Principles of Equity and good Con- fcience. And if fuch Decifion (hall be againrt fuch Claimant, the Lands fo claimed, may be located and granted as by this A6t is before directed. And to the End, that Delays may not be occafioned by pretended Claims ; ,4 ■ '- X. Be itfurthe.' enaSiedly the Authority aforefaid^ That any Perfon having located Lands fo claimed, fliall have the Right, upon Application to the faid CommilGoners, to have the faid Claims determined upon Indian Purchafed prior to the 14th Ofit, 1775, not to be allow- ed by virtue of chU Aa, &c. . Perfons claiming fuch Lands to have their Claims deter- mined in a given Day. \\ ■^:;.^: \ t 88 i '^.^•1^ IbcoTifo, i.v Recitai. a tp6Ti i, Day to bfe appointed by the faid Cbnfiftlft fionen, not lefs than two Months nor more th«a three Months ft-om the Day on wliich fuch Applt-', cation (hall have been madbii Provided ahvays. That iK6 Privilege of exhi- biting Claims to any of the aforefaid Lands by Vir« tue of Indian Purchafes, under the former Govern- ment of this State» while a Colony, fball be only extended to fuch Perfon or Perfons as are Citizens of this State, or fome other of the United States. And whereas it is fuggefted that t^ere are Perfoni who have ^"^uitable Claims to Grants for Lands acquired under the Laws of the late Colony of New- York, which they were prevented from obtaining merely on .Account of the Circumftances which preceded the late Change of Government, and it is juft and right that fuch equitable Claims (liould be allowed and confirmed by this Legiflature a G6iiimiflibncrs to XIX. Be it therefore enaHed h the Authority afore* liear and determine all y2j/V, That the Commiffioners aforefaid (hall have clainis for grants un- Power to hear and determine the Claims of all Per- dcr former Govern- fons for Grants of Lands to which they were entitled ^ ' under the Government of the late Colony of New- . V , York, and to grant Letters Patent for fuch Land* to all fuch Perfons as ihall be found to have a fair . ' and equitable Claim or Title thereto. ^^ -v'. I'rovifo, Provided, That nothing in this Aft fhall be con* ftrued to enable any Perfon to hold Lands and obtain fuch Grants, who are not already qualified by the . Laws of this State to hold the fame. — And provided fuch Claims are exhibited to the faid Comtniffioners, . or any one or more of them, before the tenth Day of May next.— Provided that no fuch Claim (ball be allowed or afFeft any Lands lying without the Line of Ceffion eftablilhed in the Year One Thou- fand Seven Hundred and Sixty-eight, by the Treaty Further Provifocs, ^t Fort Stanwix. — Provided dlfo, that no fuch Clalra Ihall be allowed to any Lands in Virtue of any Man- .damus iflued by the King of Great-Britain, while -' this State was a Colony, except fuch Mandamus , (hall have been granted as a Reward for Services a^ually dofte sad performed within the then Colony (now \\ / \ ', f.^' [ 89 ] (now State) of New -York, and was refted It a Citizen previous to the ninth Day of July, One Thoufand Seven tiundred and Seventy-fix, who had located and obtained from the Government of the then Colony ot NeW'York an Order to Survey the fame, and who hath taken an aciive Part with the , United States during the late War. XX. And he it further enaHed hy the Authority Lands granted, to aforefaid^ That the Claims fo allowed, and Grants ^ paitl for as other made in Confequence thereof, fhall be paid for at '^wds* the fame Rate > r Kates, and held on the like Con- fp ^ ditions and Limitations as the other Lands direfted ^ ■ ' . ' to be granted by this r\ft, .:, ; ^^. , ; ■ / XXL And he it further enaHed hy the Authority afore/aid^ That no Perfon or Perfons (hall or may fettle on the faid Lands, nor fiiall any Perfon or Perfons who (hall a6tually fettle on the faid Lands, have a legal Title to the fame, or any Part thereof, unlefs he or they (ball, before one of the Judges of the Supreme Court or a Magiltrate of any of the Counties in this State, previoufly take the Oath of Allegiance and Abjuration prefciibed by a Law of this State, entitled, •* An A A for the better fecuring the Independence of this State, and to that End, requiring all public Officers and EleAora within this Stare, to take the Ted Cath therein contained." Pafled the 26th of March, 1781 ; a Certificate whereof (hall be filed in the Clerk*a Office of the County where the Lands lie. Thefe Claufeijhe ] , :' \^. r >• ;; 'f:f.J^ **.. CHAP. XXXVL Mt.*i> '■ All public Officers • hereafter appointed, inftead of taking the Oath of Allegiance, to take the foliowin? 9^^^ ■. • .\y '■'•■,u l\ ^ti AH for the letter fecuring the Independence of thl$ StatCy and to that End^ requiring tf'^ public Officers and EleBors^ within this State, to take the Teft Oath * dxrvfi mtam«4* Paired M^ch 26th, 1781. I. "DE it enaHed ly the People of the State of New* York, reprefented in Senate and AJfenihly^ and it is hereby enaSled hy the Authority of the fame^ That each and every Perfon, wl>o Ihali at any Time here-, after, be eleded or appointed to any public Place or Office, Ihall, inftead of taking the Oath of Alle- giance, prefcribed by the A<^ entitled, '* An AH requiring all Perfons holding Offices or Places under the Government of this State^ to take the Oaths therein prefcrihed and direded** pafl'ed the 5th Day of March, 1778, take and fuj^jT^ril^ th^ faUowingPiitlii or Affirmation, to wit; t ^- \ > .jv,, Form of the Oath. «* I do folemnly, without any mental Refervation or Equiv'ocation whatfoever, fwear and declare, and call God to Witnefs, (o*- if of the People called Quakers, affirm,) that I renounce and abjure all Allegiance to the King of Great- Britain ; and that I will bear true Faith and Alle- giance lO the State of New- York, as a free and independent State, and that I will in all Things, to the beft of my Knowledge and Ability, do my Duty as a good and faithful Subject of the faid State ought to do. So help me God." , , , ..^„^' , To be taken and That the faid Oath or Affirmation required by fubfcribedi). the fame this A6\, fhall be taken and fubfcribed, before the Manner as the former feveral Perfons, and in like Manner as the Oath of 0*^lis. Allegiance, prefcribed in Svnd by the faid Aft, it requned to be taken and fubfcribed. At allEkaions, the Jf !• -^^^ ^^ it further cnaSled hy the Authority afore- Perfon prefuling, to faid^ That at every Election hereafter to be held tender laid Oath to vvitbin this State, for Governor, Lieutenant-Go- fufpeftcd Perfons, vernor, Sesators, and Members of Alfembly, or for Aldermen, Affiflants, Supervifors, Afleifors, Q^^e^or9} or other City m Town-Officers, the Perfoa J^jrfon or Perfbns authorifed by Law or Cuftom to fre&de at fuch Eledion, ihali tender and adminiiler the Oath or Affirm«tioii aforefaid, to each Elector prefenting himfelf to vote at fuch Election, it the Perfon or Perfons prefiding at fuch Eled^ion, fhall have Reafon to fufpcdt that fuch Eledlor bath not taken an a6tive and deciiive Part in Favour of the United States, in the prefent War, againfl the King of Great Britain and his adherents : or if fuch Ele«5or fhail be chalknged by any other Elet^or,> who (hall have taken the faid Oath or Affirmation,t as not having taken an aftive and decifive Part in the prefent War as aforefaid ; and if the Eleftor fo fufpe£led or challenged, (hall refufe to take the faid Oath or Affirmation, when fo tendered to him as aforefaid, he (hall not be permitted to vote at fuch Eledlion — That if at any fuch Ele6tion, the Per- fon or Perfons prefiding, (hall receive the Vote or Ballot of any Eledtor fo challenged as aforefaid, and who upon being tendered the faid Oath or Af- firmation, ihall refuie to take the fame, the faid Perfon or Perfons fo prefiding, fliall for each Of- fence, forfeit the Sum of Five Pounds, to any Perfon who will fue for the fame, and to be reco- vered with Cofts — That it Ihall be lawful for the Perfon or Perfons prefiding at any fuch Election, and he or they are hereby required to adminifter thfc faid Oath or Affirmation, to any Eledtor who ih»il Voluntarily offer to take the famct Orto Perfons chal- lenged as difaffefledf by any one who hat taken the Oath. Such Perfons refu* fing the Oath to be deprived of their Vote. Perfons prefiding, and receiving a Vote contrary to this Law, fubjed to a Penalty. Authorifed to ad- miniiler the Oatli. CHAP. n.' J^' AB to aholijh Entaits, td coftfirm Conifeydncei fy ' . , Tenants in Tail^ to dtftribute Elates Real, of In^ teftates^ to rented*^ defeB\ve Convey ahces to joint' Tenantiy and dtfe^ing the Mode of fath' Coh'Vey' aHccs in future, Pkfftd'i 2th July, lySii York» reprrfented in Sendte and AffemhJjr, akd deemed, in Fvitvire, to ii'Uher$iyeiiaStd*li^theAutbinty:ofjbifamt^ That be feized in F«e»Si«w«' Ma in pie. [ 9« ] In a!l Cafci wherein any Perfon or Pcrfons woulcf^ \t this Law had not been made^ have been feizeot in Fee-Tail, of any Lands, Tenements or Heredi- taments, fuch Perfon cr Perfons fhall, in future^ be deemed to be feized of the fame in Fee«Simplc. And further^ That where any Lands, Tenement* or Hereditaments, fhall heretofore have been de- ▼ifed, granted, or otherwifc conveyed by a Tenant in Tail, and the Perfon to whon fuch Dcvife, Grant or other Conveyance, (hall have been made, his or her Heirs or Affigns, ihall from the Time fuch Dc- vife took efFe6i, or from the Time fuch Grant or other Conveyance was made, to the Day oF the pafling of this Adt, have been in the uninterrupted Pofleffion of fuch Lands, Tenements or Heredita- ments, and claiming and holding the fame under Devife, Grant, or other Conveyance, then fuch Grant, Devife, or other Conveyance, ftiall be deemed as good, legal and effectual, to all Intents, as if fuch Tenant in Tail, had, at the Time of the making of fuch Devife, Grant, or other Con- veyance, been feized of fuch Lands, Tenements or Hereditaments, in Fee-Simple ; any Law to the Contrary hereof notwithftanding. n. Be it enaSledhy the Authority afore/aid^ That where any perfon ihall die, feized of any Lands, Tenements or Hereditaments, without having de- vifed the fame in due form of Law> and leaving more than one Perfon lawful Iflue, or without lawful IfTue, the Inheritance, in flead of defcending to the Heir at Law, Ihall hereafter, in the four fe- veral following Cafes, defcend as in each Cafe it particularly fpecified, that is to fay. ift. Where there is Firft. In Cafe the Perfon fo fcl/ied, (hall leave lawful Iffue of ec^ual feveral Perfons lawful Iflue, in the direft Line of Degree of Conian- ^y^tzX Defcent, and all of equal Degree of Con- 3B^^°"y' fanguinity, to the Perfon fo feized ; the Inheritance, fhall then defcend to the faid feveral Perfons, as Tenants in Common, in equal Parts, however re- mote from the Perfon fo feized, the common Degree , . , , of Confanguinity may be. ad. Where lawful Secondly* In Cafe the faid Perfon fo feized, (hall Iflue of iliiTerent De- die, leaving lawful JiTue of different Degrees of Conianguimty How Iihcritances «re to defcend. n [ 93 1 -f Confanguinity to him or her the faid Pcrfon fo greet of CoDfang«l« feized ; the Inheritance (hall defcend to the lawful n«y* immediate Children of the faid Perfon fo feized, at Tenants in Common, in equal Part* ; and in Cafe '^' '^^"^ any of the faid immediate Children ihall die, in the Life-time of the I'erfon fo feized, and leave lawful Iflut, fuch lilue (hall inherit ; if one Perfon, folely ; and if feveral Perfons, as Tenants in Common in ' ^ equal Parts, the fame Edate which would have de- fcended to his, her or their Parent, if fuch Parent had furvived, fo that the £(late could, agreeable to the Rules of Defcent hereby edablifhed, have de- fcended to him or her ; and the fame Law of Inhe- ritance and Defcent, iliall be obferved in Cafe of the Death of the Grand Children, and other De« fcendants in the remoteft Degree. Thirdly, In Cafe the faid Perfon fo feized, (hall jd. Wherewithovk ^ie without lawful liTue, leaving Brothers, or Ia>vfull{rue, Brothers^ leaving a Brother or Brothers, and a Sifter or Sifters, &c. (hall inherit* of the whole Blood, the Inheritance (hull defcend to fuch Brothers, or to fuch Brother or Brothers, and Sifter or Sifters, as the Cafe may be, as Te- nants in Conunon, in equal Parts. .:,, ' m ;;i|; m And Fourthly, In Cafe any fuch Brother or Sifter ihall die, leaving a lawful Child or Children, and in the Life- time of the Perfon fo feized; fuch Child or Children, (hall inherit ; if a Child, folely ; and if Children, as Tenants in Common, in equal Parts, the fame Eftate, which would have defcended to his, her or their Father or Mo. her, if fuch Father or Mother had furvived the faid Perfon fo feized. And in all Cafes of Defcent, not particularly provi- ded for by this A£t, the common Law (hall govern ; 4th. Where Ne. phews, &c. ihall ia- nerit. Provifo. In Favor the Right af a or of a Provided^ That nothing herein contained, (hall f , ^ be conftrutd to bar or injure the Kight or filiate of ?! i . « Hufljand. as Tenant by the Courtcfy of England ; ^^g. or the Right of Dower, which a Widow is entitled to. III. And he it further enaSled hy the Authority Pofthumous Chll- mforefaidf That all Pofthumous Children (hall, in drcn how to inherit, all Cafes whatfoever, inherit in like Manner, as if they had been born ia the Life time of their re- / Mode of Convey- ance hereafter. ii. »i" V. And he it further enaBfd hf the Authority aforefaidy That no Eftate in joint Tenancy, in Lands, MelTuages, Tenements or Hereditaments, I fhall be held or claimed, by or under any Grant, Devife, or Conveyance whatfoever, hereafter ta be made, unlefs the Premifes therein mentioned,- fbali exprefsly be thereby declared to pafs, not in Tenancy in Common, but in joint Tenancy ; and every luch Eftate, unlefs otherwife exprefsly de« clared as aforefaid, (hall be deemed to be in Tenancy in Common ; any Law, Ulage or Cafloni, to the Contrary notwithftanding. Tte Manor of PhiUpJburgh^ ly far one of the ttiojf valuaile in the Province of New- York, 'was held- by Frederick Philips ^ for Life^ with Remainder to his Son Frederick, in Tail: hy the AB of the iiA of Q6^ober 1779, [Ante Page 10] Provijion is made to^' attaint both Father and Sony though the latter was a^ MiwfTt and the Father in full Life* > •• r\ 'V ■ ■ ■ ■ ■ "• - \ 1 1 i - ■■ ■/ ■4.V- . '1,1 V ' « I f» '■.:-^M.. /^■■f A W .■■^i" :. ■.;; ^v^ » ""P'^C TIN O ;^ DEBTS DUE TO LOYALISTS. ntf^r ;- ,«/..! ittir.l tr ■..■"..*■• 9 - ^ ■aJ'^:... CHAP. I. Vt ^«t^^ ^ ... jSi$ A3^ rtI(Uive to Deltt due to Perfons ivitbtH th» Enemy* s Lines, PalTed 12th July, 1782,;,.^^ ■ ■■'■J . i'-'.- .. s- 1 ■■'■•'■'-'•^ -■-vi WHEREAS many of the Inhabitafffi of dilt State, who have not remained within the Enemy's Power, and who were indebted to others who did fo remain, arc now threatened with Suits, and have it not in their Power to recover from thof-s who are indebted to them, aud remained within the Power ot the Enemy; .4>i^'^'ii,>- v^ ' K> Preamble* -)V>' '■■>k t I. Be it therefore enaSed hy the People of the State Certain Suit* fat oj New- York, reprefented in Senate and JJfembly^ and Debt, flayed till h»r«.v it is hereby ena^ed by the Authority of the fame. That ^her Providon by the all Suit^nd Profecutions for any Debt, arifmg on ^egilUturc. limple Contrad, Bills fingle or penal, or any other Oblig{- ef New-York, reprefcnted in Senate and Affembly^ tutors of Tcftatora as and it is hereby enailed and decla ed hy the Authority fully as \l they were of the fame, That the above-faid Ad, doth extend living. to the Executors and Adminiftrators of all fuch Debtors and Creditors, as fully and abfolutely as it Would extend to their Teftators and Inteftates, were they in full Life, and (hall be fo deemed, conftrued and taken, to all Intents, Conftrutftions and Purpofes whatfoever, both in Law and Equity. And ixihereas fome of the Creditors defcribed in Recital, the fourth Seftion of the before in Part recited Aft, have withdrawn, or may hereafter withdraw themfelves from this State, and thereby put it out of the Power of their Debtors (to whom the afore- faid Aft was intended to give Relief) to cite them before any Court of Law in this State, to have a Settlement, and make Payment agreeable to tho Mode prefcribed in and by the faid Aft. IL Be it therefore further enaEedby the AutJstrity How Perfons who aforcfaldy That it fliall and may be lawful, to and l^ave abfented them- for luch Debtor or Debtors as aforefaid, by Adver- f !;[«» "« «" ^ "o"" tifement, to be publi(hed for eiyht Weeks fucceffively ^^? ^" 'PP^" 'i\'T* > ,, *^ , ,. XT • * J ■ .u- ceive Payment otihctt in two ot the public News-papers printed m this i^„i.« State, to notify and require fuch his, her, or their abfent Creditor or Creditors, to appear at a Time and Place to be mentioned in fuch Advertifement, before fome certain Court of Law in this State, to haVe a Settlement and Payment rtiade as aforefaid, N X (which :xh Debts. .• -,.■?■ C 100 1 fwKich ^; 71ft fliaU. not be lefs than eight Kalendaf Months from the firft Publication of fuch Adver- tifement) and that fuch Notification (hall be deemed, taken and adjudged to be a fufficient Citation to all Intents and Purpofes, and (hall have the fame Vali- dity and EfFeft, as if fuch Creditor or Creditors had been perfonally cited : , «,. - Provided the Debtor Provided always^ That no fuch Advertifement or make Affidavit that he any Proceeding thereon, fliall be deemed, adjudged, believes he hath dc- or taken to be good or effeftual in the Lrw, unlefs the parted the State. Debtor or Debtors Ihall previoully have made an Affidavit or Affirmation (in Cafes where by Law an Affirmation is allowed) before one of the Judges of the Court of Law before which the Appearance of fuch Creditor (hall be required, that he verily be- lieves that the Creditor hath departed the State, or concealed himfelf therein ; and that it is not in the Power of fuch Debtor or Debtors perfonally to ferve fuch Creditor with a Citation for his Appearance ; which Departure or Concealment (hall alfo be proved to the Satisfadlion of fuch Judge by two Witneffes. ^Provided alfoy Claims of certain Legatees not to be af- fcfted by this Aft. Oath of Allegiance required of Perfons claiming Bene(it of this Aft, &c. in. And he it further enabled hy the Authority aforefaid^ That nothing in this Aft, or the Adt hereby in part recited contained, (hall affeft, injure, or take away, or be deemed or adjudged to extend to the Claims, Rights and Interefts of any Legatee or other Perfon legally entitled in his or her own Right to the perfonal Eftate of any Teftator or In- tertate, fuch Legatee or legal Reprefentative not having remained or cjme, or by Virtue of any Law of this State been fent within the Power of the Enemy during the late War. Provided alfo^ That no Perfon fliall be allowed the Benefit of this Pro- vifo, unlefs he ihall firft have taken the Oath of Abjuration and the Oath of Allegiance to this State, and (hail have obtained a Certificate figned by two reputable and well affefted Freeholders of this State, one whereof (hall be a Judge of the Inferior Court of Common Pleas, or Mayor's Court of the County or City in which the Perfon named in fuch Certifi- cate (hall refide, certifying that he hath conftantly and uniformly fince the ninth Day of July, One Thoufand Seven Hundred and Seventy-fix, been weU [ toi ] well attached to the Freedom and Independence of the United States oi America, and hath taken an adive and decided Part therein, IV. u4nJ he it further enabled ly the Authority Wlien AfTignmcnt tif ore/aid^ That in all Cafes where any Debt, Bill, of an v Debt is deemed or other Obligation, Mortgage, Securiry or Demand fraudulent, whatfoever, mentioned in the laid herein in Part reci- ted Aft, fliall have been affigned fince the Time of the paffing of the faid Aft, or (hall hereafter be affigned to any I'erfon or Perfons whomfoever, by any Perfon who has remained with, gone into, or .. was fent within the Enemy's Lines during the faid War, every fuch Affignment Ihall be deemed and adjudged fraudulent, and to have been made with Intent to elude the faid Aft, and every fuch AlTignee, and his Reprefentative Ihall be bound to receive pay- ment from the Debtor or his Reprefentative, in the fame Manner as the Original Obligee, Mortgagee, or Creditor would have been held to receive the fame, had no fuch Affignment been made. V. And he it further enabled ly the Authority Corporation only tw aforefaidy That nothing in the atorefaid in Part be aftcfted in Cafes of recited Aft, or this Aft, Ihall be deemed, taken or Aflignment. conftrued to prejudice or affeft any Corporation or Body Politic, except only with refpeft to Affign- ments h.;iein before mentioned and defcribed. VI. And he it further enaSled hy the Authority A9: to extend t» aforefaid. That the above-mentioned Aft fhall be certain infolventDeU- conftrued to extend to the Affignees or Truftees of ^''^ Eftatcs. the Eftates of fuch Perfons who became infolvent Debtors before the ninth Day of July, 1776, fo far as relates to Monies due to Perfons who remained within the Britidi Lines in this State, ifi. CHAP. t toi ] CHAP. XVIII. '\ ftounitle Perfons entitled' to tfie Equity of Re- demption of Lands it«fted in the People, toprove tofomejudge tlic Payment made on tkc Mortgage. i^ j4» ASt to enable the Ckrh of the refpe^lve Cities and Counties within this State^ to cancel the Records of tertatn Mortgages, made and executed to Perfons vohoft Eftates are forfeited^ on Proof that fuch Mortgages are fatisfied, FuScdy Novemhrf 1784. WHEREAS it is reprefented to the Legiflature, that certain Mortgaojcs to Perfons, whofe real and perfonal Eflates are fbrfoited, and veiled in the People of this State, are regiftered in the Office of the Clerks of feverat of the Cities and Counties within this State, purfuant to an A(5l of the late Colony, entitled, ** An A£t for preventing Frauds by Mortgages, which fhall be made and executed after the firil Day of June, in the Year One Thou- ' fand Seven Hundred and Fifty- four," pafled the i2thDay of December, 1753, and that in many Cafes, the original Mortgages remain in the Hands or Power of the Mortgagees. And whereas it is required by the faid A(^, that the Certificate thereby prefcribed to enable the refpedlive Clerks to difcharge the Entry of Mort- gages, (hall be figned only by the Mortgagee, his or her Executors, Adminiftrators or Affigns ; and by Keafon thereof. Mortgages fo as aforefaid, veiled in the People of this State, although they (hould be fully redeemed and paid off, could not be cancelled, I ut muft remain an Incumbrance to the great Dif- '.ouragement of Purchafers, and the Detriment of the Public: For Remedy whereof, I. £e it enaEled hy the People of the State of New- York, reprefented in Senate and AJfemhly^ and it is hereby enaSled by the Authority of the fame^ That where any Perfon or Pevfon?, entitled to the Equity of Redemption of Lands, Tenements or Heredita- ments, veiled in Manner aforefaid in the People of this State, fnall be defirous to redeem and difcharge the Incumbrances thereon, or who have redeemed and difcharged the Incumbrances on fuch Lands, Tenc- C >«>3 1 Tenements or Hereditaments, fince the twelfth Dajr of May, One Thoufand Seven Hundred and Eighty- four, It (hall and may be lawful, to and for all and every fuch Perfon or Perfons, to apply to any one of the Judges having Authority to take Proofs and Ac- knowledgements oi the due Execution of Mortgages, in the City or Co"nty wherein the iame Lands, Tenements, or Hereditaments may be fituated, and tp produce to fuch Judge, the Evidence refpeding fuch Mortgage, and the Payments made thereon. And if the Judge, on fatisfactory Teftimony, fliall be able to afcertain the Balance in arrear on fuch Mortgage, he fliall, after due Examination, certify under his Hand and Seal to the Treafurer of the State, and to the Clerk of the City or County in whofe Office the Mortgage may be regiftered, the Balance which fliall fo appear to him to be juflly due thereon ; and upon producing fuch Certificate to tl^e Treafurer and tender in the Manner which the Law diredls of fuch Balance ; the Treafurer (hall, and he is hereby authorifed and directed to receive the fame, and to (ign a Certificate of fuch Receipt, which Certificate being acknow- ledged by him or proved by the Oath of one or more WitnelTes, in the Manner direfted by the faid A61, with refpeft to the Certificate of the Mortgagee, or his Reprefentative ; and being filed with the Certificate of the Judge firft mentioned, in the Office of the Clerk of the City or County where fuch Mortgage fliall be regiftered, it (hall and may be lawful, to and for the faid Clerk, and he is hereby required to enter in the Book of Mortgages, a Minute of the faid Certificates; which Minute fo , entered, fliall operate as a full and abfolute Bar to all and every fuch Mortgage and Mortgages to all In- tents and Purpofes whatfoever. Provided^ That with refpeft to fuch Perfons who have redeemed or difcharged the faid Incumbrances, on fuch Lands, Tenements, or Hereditaments imce the twelfth Day of May, One Thoufand Seven Hundred and Eighty-four, it fliall only be neceflfary for the faid Perfons refpedtively ; to produce the Certificate of Difcharge given by the Treafurer on Payment, and upon Proof of the fame in Manner aforefiiid, it iliall be lawful for the faid Clerks, and they Who (hall certify the Balance in Arrear to the Treafurer. AncI when paid, to be ccitified by liim. Which being filed with the Clerk of the County and a Minute thereof made in the Book of Mortgages, fliall operate as a Bar to every fuch Mort« gage- Provifo, where In- cumbrances on fuch Lands have been dif- charged fince 1 2th of May, 1 7 84, the Trea- furer's Certificate (hall be fufiicient. C 104 ] tliey are hereby reCp^fWvdy required ro enter in tlic Book of Mortgajres a minute or the faid Certificatei refpeftively, which (hall operate as a Difcharge in like Manner as aforefaid. ' T/'e/e Laws hy an operation in the Face of the Treaty^ KMofling the perfonal Funds of all the Loyalifis^ alifts. — Punifhing Ad- herence to the King of Great-Britain-— And to exclude fuch of His Majefty's faithful Subjects as had left the State at any Time before the loth Day of December, 1783, from returning to, or refiding in the fame. CHAP. XLVII. jfn A^ more effeftually to prevent the Ml/chief i, ^ri^ng from the Influence and Example of Perfons of equi- vocal and fufpeSled Char aSlers^ in this State, Pafled the 30th of June, 1778. WHEREAS certain of the Inhabitants of this State, have, during the Courfe of the pre- fent cruel War, waged by the King and Parliament of Great'Britaint againfi^ the People of thefe States, afFefted to maintain a Neutrality, which there is Reafon to fufpe(5t was In many Inftances, dictated by a Poverty of Spirit, and an undue Attachment to Property. And whereas divers of the faid Perfons, fome of whom, advocated the American Caufe 'till it became ferious, have notvvithftanding the Forbear- ance of their Countrymen, and contrary to the Faith pledged by their Paroles, ungratefully and in- ^dioufly, from Time to Time, by artful iVIifrepre- O fentatioasi Preamble, [ io6 ] y The CommHTioners for Confpiracies, or any three ot them, to caule Perfons of neu- tral and equivocal Chara6lcrs, aiul of fuf- ficieni Influence to do Mifcliicf, to come be- fore them and take the foUowin J5 Oath or Af- firmation. Form thereof. I fentatloni, and a fubtle Diflemination of Do<^rinef« Fears and ApprehenfionSf falfe in themfelves and injurious to the American Caufc, feduced certain weak minded Perfons from the Duties they owed their Countrj' : And vjhereas the welfare of this State loudly drmands that fome dccifive Mcafures be taken with Refpe6t to the faiJ Perfons ; and it being repugnant to Juflice as well as good Policy, that Men (hould be permitted to (helter themfelves under a Government, which they not only refufed to aflift in rearing, but which fome of them daily endeavoured to undermine and fubvert ; And ivhereaSf fuch few of the faid Perfons, as may have been led to take a neutral Part by confcientious Doubts and Scruples, have had more than fufficient Time to confider and determine the fame ; I. Be it er.a^ed hy the People of the State of New- York, reprtjented in Senate and AJJemhly^ and it is hereby enaSlcd hy the Authority of the fame ^ That the j Commiflioners appointed for enquiring into, dete6t- ing and defeating all Confpiracies, which may be formed in this State, againft the Liberties of J^w^- rica ; or any three of them be, and they hereby are authorifed and ftriftly charged and required, to caufe all fuch Perfons, of neutral and equivocal Charac- ters in this State, whom they fhall think have in- fluence fufficient to do Mifchief in it, to come before them, and to admlnifter to the faid Perfons refpec- tively, the following Oath, or if of the People called Quakers, Affirmation, "y/z, ** I, A. B. do folemnly, and without any mental Refervation or Equivocation whatever, fwear and call God to Witnefs j or if of the People called Quakers, affirm, that I do believe and acknowledge^ the State of Nevi-TorTi^ to be of right a Free and Independent State. And that no Authority or Power, can of Right, be exercifed in or over the faid State, but what is, or Ihall be granted by or derived from the People thereof. And further^ That as a good Subjefl- of the faid Free and Inde- , pendent State of Hevi-Tork^ I will, to the bcil: of my Knowledge and Ability, faithfully do my Duty; and as 1 fliall keep or difregard this Oath* So help and deal with me Almighty God*" * • n. And / [ 1^7 ] II. And ie it furiher tnaSlcd hy the Juthorliy mforefaid^ That if on the faid Oath or Affirmation, bein^ fo tendered, the faid Perfon or Pcrlons (haU refuie to take the fame, the faid Commilfioners do forthwith remove the faid Perlbn or I'erfons fo re- fufing, to any Place within the Enemy's Linos, and by Writing under their Hands and Seals, certify thu Names of fuch Perfon or Perfons, to the Secretary pf this State, who is hereby required to Record and File the faid Certificates. III. And he it further enaSied ly the Authjrity aforefaid^ That if any of the faid Neutrals fliall abfcond orabfent himfelf with an apparent View to avoid the Force of this A(^, the faid Commillioners fliall by Notice, publifljed in one or more of the News-papers of this State, demand oi the faid Per- fon or Perfons fo abfconding or ahfenting, to appear before them, at fuch Place m this State, and at fuch Time, not exceeding twenty -one Days from the Tiitie of fuch Publication, as they (hall affign. And further^ », That Default in fuch Appearance, fhall be adjui'.ged to amount to and is hereby declared to be a Relulal to (ake the faid Oath or Affirmation. IV. And he it further enaSled hy the Authority afore/aid^ That if any of the Perfons removed to Places within the Enemy's Lines by the faid Com- miffioners, in purfuance of this Ait, or who having asafbrefaid, abfconded or abfented, fliall not on No- tice as afprefaid appear betore the faid Commiffion- ers, and take the Oath or Alhrmation aforefaid, fliall thereafter be found in any Part of this State ; fuch Perfon or Perfons fo found, fliall on Conviction ^ thereof, be adjudged guilty of Mifprifion of 1 reafon. And to the Endy That this State may be in fome J, Meafure compenfated for the Injuries it has fuftained by the evil Example or Practices of the faid Neutrals, and that others may be deterred oft fimilar Occafions, from adting a Part fo unmanly and ignoinimuus ; V". Be it further enaSed hy the Authority afarrfaidy The Lands vcfling That all Lands held in this State, on the twenty- in them on 26th June, fixth Day of June Inllant, in Tee Simple or Fee 177^'Of^afterthepafr- Tail, or which may hereafter be acquired by, or >"? <.'f ^^^"s Law, ia O a ' devifed, whofefoever Hands And on Rcfufxl to take the fame when teiulerctl, to rem )vc tlicm to any Place within the Eaemy'* Lines, and under ihcir Hands certify the Names of fuch I'er- fons to the Secretary oi State, who is to re- cord ai.d tile the Cer- tificates. Such Neutrals ab- fconding to elude this Law, fliall by Notice, to be puUttflied bv the Comrniffioners, in one or more of the pul>» lie Ncv's papers, be demanded to appear at a fixetf Place and rime, not exceeding twenty one Days. Detaultof Appear- ance, to 1)6 deemed a Rcfulal to rake the Oath or Affirmation. Perfons refufing to take it, or in D-tault as alorefaid, it tound within this State, and convifled, guilty of Mifprifion of Tieafoo ■ :U C »o8 ] double Taxes. fticv may hereafter be, devifed, granted, or defcrnd to any of the PcrfAni ^!"^ .f'^.H ^"''J'^ *° who (hall rcfufe to take the aforcfaid Oath or Affir- mation, when called upon by the faid Commiflion- CI8, fliall for ever the* .ifter, he charged with double Tuxes, in vvhofefocver Hands the faid Lands may hereafter be. The CommilTioners, previous to the Remo- val of fuch Pcrfons, to notify them to the Perfon aclminiftering tlie Government. He empowered to confine fu h of them as he fljall think pro- per, for Exchange fcr Subicfels of tliis State, in the Powf of the Enemy. And to fee this Taw fully and fpeedily ex- ecuted. VI. And he it further enaSled ly the Authority afortj ,id^ That the faid Comniflioners, previous to the Removal of the faid feveral Perfons within the Enemy's Lines, (hall from Time to Time, nqtify the Perfon adminiftering the Government of thig State for the Time being, of the feveral Perfons fo to be removed, who is hereby authorifed to detain and confine, fuch of the faid Perfons as he (hall think proper, for the Purpofe of exchanging them for any of the Subjeds of this State, in the Power of the Enemy. Vn. And he it further enaSled hy the Authority afore/aid^ 1 hat the Perfon adminiftering the Govern- ment of this State for the Time being, be, and he ia hereby required to do his beft Endeavours, that this A(5t be fully and fpeedily carried into Execution, and all Magiftrates, Sheriffs and Coixflables, are re- quired to be aiding therein, I By this LaiVf all nvho refufed to abjure the Cronyjn are fuhjcB to Banijhmcnt^ and their Eftates to the Payment of double Taxes for ever ; and on being found in the State are adjudged guilty of Mifprifion pf Treafon, / an Ap and of; Inh afte dec] ^ , Pril CHAP, [ I09 ] f CHAP. XXXIII. jfn A Si to enahlt the P erf on aSminifterlng the Gavertf ffient, to exchange Perfons applying for that Purpofe^ as Frijoners of ffar, for toe SubjfSls of this State, Pr'tfoncrs of War with the Enemy, Pafled the 20th of March, 1781. I. 15 E /V enafied hy the People of the State of New- XJ York, riprefentetl in Senate and AJI^mbly, and it is hereby enailcd by the Authority of the fame. That it fliali and may be lawful for the l*erfon adtniniftcr- jng the Oovernment for the Time being, as often as he fliall deem it expedient, to exchange any In- habirant of this State, whom he ftiall judge a proper Objcrt for furh Exchange ; and upon the Applica- tion of fuch Inhabitant, as a Prifoner of War, for any Pcrfon or Perfons, Subjet'^s of this State, Pri- foners of War with the Enemy, in like Mf.nner as if fuch Inhabitant applying for fuch Exchange, wa* a Subjeft of the King of Great-Britain, and had been made a Prifoner when in Arms ag^inft this State ; that every fuch Application (hail be made in Writing ; and it the Perfon adrrjiniftcring the Go- vernment fliall confent thereto, and approve thereof, he fliall certify fuch Confent and Approbation, by an Endorfement on the Writing containing fuch Application, and fliall caufe the faid Application and Certificate, to be filed in the Secretary s Office of this State, there to be recorded ; and the faid Inhabitant fo applying, fliall from aad immediately after the Date of fuch Certificate, be, and is hereby declared to be, and ftiall be deemed and treated as a Prifoner of War to this State, and a Subje6l of the King of Great-Britain; and all and Angular the real Eftate held or claimed within this State, by fuch Perfon, on the Da_ of the Date of the faid Certifi- cate, fliall be and hereby is declared to be forfeited to, and veiled in the People of this State. This Lofvo forfeits the Efiate of fuch Perfons as were exchanged^ and thereby precludes them from repojjejjing their EJlates^ as fully as though thry were hy Name attainted of High Treafon. Many Loyalifls have been deprived of thtir Eftatts under this Law, CHAP. Government tuttior- ifed to exchange Per- fons at Prifoners of War, upon Applica- tion, whom he fliall deem proper Objetts. Such Appltcatioii to be made inWritin^ and the Gov's. Appro- bation to be endorfed on the fame, and filed in the Secretary's Of- fice, and recorded. Such Perfon fo ap. plying, immediately after to be treated at a Prifoner of War. And his real Eftate forfeited. 1 u\ I no 3 CHAP. XL VIII. ^ nctnxDif* AnyPerfon who ma- Kcioufly, by preach- ing,&c. maintains chat lite King of Great- Britain hath any Au- duMcity over clu& State; O: ftall fetUice any Ii^alMtant of this State, to renounce Al> kgiance tn the fainef guilty of Felony* How he may be in- difted, tried, and con- Jin An more tffeHually to pnnijh Adherence to the King of Greet 'Jiritain^ within this Imitate. Pafled the 30th oi Match, 1781. WHEREAS, although adhering to the Ene- mies of this State, is by Law, Hi^h Trca- fon Dgainft the People ot this State ; yet in Order more cfFettually to prevent an Adherence to the King of Great-Brit.iin. it is deemed rcquifitc that farther^ Frovifion fljould be made by Law ; -»■ ' ■ ^1- I, Be it therefore enaBed iy the People of the State of New-York, reprefented in Senate and AffemhVf^ and it is hereby enailed by the Authority rf the Jas:'et That if any Perlon being a Citizen or Subjedt of this State, or of any ot the United States of \me- rica, and abiding or refiding within this State, (hall malicioufly, advifedly and diredtly, by preaching, teaching, fpcaking writing, or printing, dec' re, or maintain, that the King of Great-Britain hath, or of Right ought to haves any Authority or Do- minion, m or over this State, or the Inhabitants thereof, or (hall malicioully and ad Medly feduce or perfuiide, or attempt to pcrfuade or feduce any Inhabitant of this State, to renounce his or her Allegiance to this State, or to acknowledge Alle- giance or Subj ftion to the King or Crown of Great-Britain, or (hall malicioufly and advifedly declare or aif.rm, that he or (he doth owe Allegiance to the King or Crown of Great-Britain, and be convided thereof, (hall be adjudged guilty of Fe- lony, and fliall fufFer the Pains and Penalties pre- fcribed by law in Cafes of Felony, without Benefit of Clergy, and may be indidV.'d, tried, and convicted, at any I'pecial Sellions of Oyer and Terminer and Gaol Delivery, to be held in Purfuanceof the A6t, entitled, ♦* An A6i for the more Ipeedy Trial of Felonies without Benefit of Clergy, for fubltdting the AcceflUries to fuch Felonies, to a like Jrunifh- menr with the Principals ; and for the Trials of luch AcceiT'ries although the Principals mar nut be con- ■ ' vifted," r.'f r.; ■'» „i ' '■' -"-^ ^.. ■' r'.; n \'^i ■ '- ■ r .* \ .-.« ■ % Ccurt inftetd of giving Judgment o€ Death, may dire6: the Convia to fervc three V ;'■ Years on Board any Ship of War ; and oa Delertioit to fuffer ■ ^'' r De«tli, ,■ * vifted," pafTed the i tth of March, 1780, any Law to the Contrary notwlthftanding. Preivitied neverthelefs^ That it fhall aitd may be lawful for the Court before whom fuch OiFcnder ihall be convi^ed, if fuch Court (hall deem it pro- per, inftcad of giving Judgment of Death, to order and direct that (uch Offender ftiall be fent, as foon as conveniently may be, to fervc for the Term of three Years on board of any Ship of War, bcloncr. ing to this State, or to the UnUed States, or to any Ally of the United States ; and if any Offender io ordered by any fuch Court, to be fent to ferve on board any fuch Ship of War for the Term at^orefaid, fliall defert from fuch Service and be found within ;, this State, or any other of the United States, thef Perfon fo deferting, (hall be liable to be puni(hed af a Perfon attainted of Felony without Benefit of Clergy, and Execution may, and (hall be awarded againlt fuch Offender accordingly, any Thing in this A^ to the Contrary notwithllanding. tif^*" And he it further enaBed ly the Authority afore/aid^ Grand Turyatercif That at every Term of Supreme Court, and at every Court, to inquire 'y: V Police, ■;'rr. , ■ *: ■}■■ :.: ^-/^:; \\ ♦ • t "3 ] J'i.'". i i ■!f. \ Police, Inftitiited and eftabllfhed In the Southern Diftrid of this State during the late War, by Vir- tue of, and under Authority derived from the King of Great-Britain ; and alfo every Perfon or Perfons whatfoever, who being reddeA^in this State, or any other of the United States, oiNthe ninth day of July, in the Year One Thoufand Seven Hundred and Seventy-fix aforefaid, and who fince that Time have accepted, received, held, or exercifed any Office, Commidion, or Amointment whatfoever, in the Court of Admiralty inftituted and eftablilhed in the Southern Diftridt of this State during the late War, by Virtue of Authority derived from the King of Great'Britain as aforefaid; and alfo all and every Perfon or Perfons whatfoever, who being refident in any of the United States, except this State, on the ninth Day of July, One Thoufand Seven Hundred and Seventy-fix aforefaid, and who at any Time fince that Day, and during the late War, have fled or removed from fuch of the faid States of which fuch Perfon or Perfons were refpec- tively refident on the ninth Day of July aforefaid, and who have gone over t6, joined, or put himfelf or themfelves under the Power and Protection of the Fleets or Armies of the King of Great-Britain aforefaid ; and all and every Perfon and Perfons jg bea^'udec'd guilty who being refident in this State on the ninth Day of Mifprifion ot Tre^t of July, One Thoufand Seven Hundred and Se- fon. venty-fix aforefaid, and who fince that Day have voluntarily gone over to, remained with, or joined the Fleets and Armies of the King of Great-Bri- tain aforefaid, at any Time during the late War, who has or have left this State on or before xY ■» tenth Day of December, in the Year of our Lord One Thoufand Seven Hundred and Eighty- three, and who have not returned, and who (hall hereafter be found within this State ; fuch Perfon or Perfons fo found, fliall be, on Conviftion thereof, adjudged guilty of Mifprifion of Treafon, Certain Chara£lers Provided always^ That nothing in this Aft con- tained, fliall be taken or deemed to afFeft any Per- fon who at the Time of committing any of the Offences aforefaid, was a Minor under fixteen Yean of Age, or a Perfon infane. . Provifo. In favouf of Minors and Fct" fons infuie* And ProvJfb. f ermk- And proviclei alfo, That it (hall and may be law'* ting ccrrain Perfons ful for any fuch Ferfon or Perfons, whofe Eftate» to come to and remain refpedlivcly mdy be attached by any Law of this in tlK State to defend Sate, and Advertifertient made thereof agreeable to fuch Law, to come and remain withm this State tor fo long a Time as may be abfolutely neceflary :: to defend his, her or their Suit ; any Thing in V tliis A6t to the contrary thereof in any Wife not- "' withftanding. certain Suits. <'/ Charaflers" difnua- It. And he it further enaSted hy thi Authority lifted to hold Offices aforefalJ^ That all and every Perfon or Perfons or Places, and to vote falling under any of the Defcriptions hereiti before- in any Eledion within mentioned, .Ind the Defcriptions mentiortt'd in the tins btate. twelfth Sedion of the Ad, entitled, '* An Aft fo ' regulate Eledions within this State," paffed the twenty-feventh Day of March, One Thoufand Seven , ' Hundred and Seventy-Eight ; and who has or have il , not left this State, are hereby for ever difquallfied ^and renf'^ered incapable 6f holding, exercifing, or enjoying iiny legiflative, judicial or executive Office * or Place whatfoever, within this State; and (hall, , and hereby is and are for ever difqualified and inca- ' pacitated to ele61: or vote, either by Ballot or viva -r.'^Tn J^ - ' r 'Voce, at any Eledion to fill any Office or Place tJoW Infpeftori at whatfoevef, within this State: And if any Perfdn E'edVions are to deter- fliall offer hiinfelf as an Eledor, at any £le61ion mine Fatb charged hereafter to be holden for an Office or Place within on fulpicious Charac- j^is State, and fhall be fufpeaed of, or charged to be within any of the Defer? otions aforefaiil, it fliall be Irvful for the Infpeftors or Superintendants (as the Cafe rtiay be) to enquire into, and determine the Fa£t whej'eof fuch Perfon ftiall be fufpedeil, or wherewith he fliall be charged as the Caufe of Difqualificaiion aforefaid, on the Oath of one or more VVitnefs or Witneffes, or on the Oath of the ters offering to vote. Where their Votes ihali be rejefted. Party fo '"uipeded or charged, at their Difcretion ; and if fuch Fail: fliall, in the Judgment of the In- u fpedors or Superintendants be ellabliflied, it fliall be . lawful for them, and they are hereby required to ^/ ... , . . reject the Vote of fuch Perfons at fuch Election. Provifo. In favour Provided ahvays^ That if it (h;./ appear to the ofccrtainPer(onsvvho Satisfat'iion of the Infpee^rs or Superintendants at acceptedConimillions, Eledion, that any Perfon offering himfelf as &c. m the bouthern ^^^^ Ekctor, has, during the late War, within the Southern Dillrid War. during SoiuTiernDiftrift, by Fear or Compulfioii, accepted, held, or exercifed any fuch Office, Commiflion, or Appointment, or may have involuntarily Jone any Ad or AAs, which by the faid Se»Stion would have difqualified him from holding any Office, or from being an Ele(^or, had the fame been voluntarily done, and that fuch Perfon otherwife has uniformly behaved as a Friend to the Freedom and Indepen- dence of the United States; the Inlpeftors (hall admit fuch Perfon to give his Vote at any fuch Eledtion, any Thing in this A«S tr- ae Contrary notwith (landing. ^^ , ^ . Whereas a very refpe£lable number of Citizens of this State, well attached to the Freedom and Independence thereof, have intreated the Legilla- ture to extend Mercy to Perfons herein-after men- tioned, and to reftore them to their Country ; III. Be it therefore further enaBed ly the Authority aforefaid. That Gyfbert Marfelius, Henry Staats, John Stevenfon, Henry Van Dyck, John Van Allen, Henry Van Schaack, David Van Shaack, Harman Pruyn, William Rea, Myndert Viele, William Lupton, Cadwallader Colden, Walter Dubois, Cor- nelius Luyfter, Andrew Graham, John Thurman, Samuel Fowler, Jofeph Mabbit, John Green, Dirck VanVleft, Joft Garrifon, John Booth, Kolef El- ting, Solomon Elting, Richard Harrifon, James Smith, and Benjamin Lapham, (hall be, and every of them are hereby permitted to return to and refide wiihin this State, without any Moleflation, and therein to remain until the End of the next Meeting of the Legiflature, or until further legifla- tive ProvifiQn (hall be made in the Premifes ; any Thing in the Ad, entitled, ♦* An Ad more effec- tually to prevent the Mifchiefs ariling from the Influence and Example of Perfons of equivocal and fufpedted Charaders in this State." Parted the 30th Day of June, 1778, to the Contrary thereof in any Wife notwithttanding. // is ohfervahle that though the Treaty makes the JLoyaliJis difpnniJJmhle for their aHive Allegiance^ this. Laiu creates a perpetual Banijhment^ even of ihofe ■■' ■yt/ ■' '- :v ■ .' :,f • ' :;: «i}i;' . '..--. W; ■ : : ^'i. -!" :C-U ;,rU >:■ '^5 ■; [^, > - .-'v ; ,; ! ' ' , * • , ' ::,,'i:f^' |^i^,vi.:, ,J|i. /:..V::vv- V . ""tmim. t-K, t "7 y w B X C L U D X N O P. jR O F E S 9 I O J^7J L M E if. THOU THE EXERCISE OF THEIR PROFESSIONS. / CHAP. XII. : >--(.^:t.:. ,,....,,. .:=.,^v;,/*-; »,; ■•'■ \y- <-r-. . J ■y --f AnAB making it ntctjfary for the Attornies^ Solicitors, and Counfellors at Law, luho have heen licenfed to plead or praSlife in any of the Courts of Law or Equity^ 'within the late Colony of New- York, to produce Certificates of their Attachment to the Liber* ties and Independence of America. Palled, Odober . 9tl», »779« WHEREAS many Perfons who have hereto- Preamble, recltin? fore been authorifed and licenced to plead or *^« DifafFeaion ^ praftife as Attornies, Solicitors and Counfellors at manyMenof theLaw. Law, in the feveral Courts of Law and Equity . .* ' within this State, whilft the fame was under the * \ ' Government of the King of Great- Britain^ as the Colony of New-Tork^ regardlefs of the Duty which they owed to their opprefled Country, have fome of them gone over to, and put themfelves under the Prote<^oa of the Armies of the &id King, and othert [ "8 ] others have conduced theajfelves in fuch a neutral or equivocal Manner, as has juftly rendered th;,... The Number of Ju' tors snd their Quallfi- (pations, and how to be appointed. I. Be it there for 9 enaSlel ly the People of the State of New- York, reprefented in Senate and AJp-mhly^ and it is hereby enafied by the Authority of the fame ^ That all Licences granted to any Perfon or Perfons, to plead or pra6tife as Counfellors, Solicitors or Attor- nies at V,aw, in any of the faid Courts, betore the twenty-firll Day of April^ in the firft Year of th? Independence of this State, fhall be, and they hereby pre declared to be fufpended, from and after the firft Day of the Term or Selupn of any of the faid Courts refpedively, which ftiall happen next after the pafl'" ing gf this A^t. n. And he it enaSlei ly the Authority afarefatdy That it ftiall and may be lawful for any Counfellor, Solicitor or Attorney at Law, whofe Licence fliall bp fo fufpended, to apply to the Supreme Court of Ji^dicatiire of this Stat?, to have the Sufpenfion of his Licence taken off; which faid Court is hereby authorifed and required upon fuch Application, to grant a Writ pf inquiry, ynder the Seal of the laid Court, directed to the Sheriff of the County where fuch Perfon ihall refide, coinmanding him to fum- mon the Freeholders of the faid County, and in the faid Writ named, confifting of not more than fix- teen, nor lefs than eight Perfons of eftablilhed Ke- put.ition, and of known Attachment to the Freedom ^nd Independence of America, and to be nominated and appointed by the faid Court, to meet at fuch Time and Place, as in the faid Writ ftiall be fpeci- /|ed. to cnauire whether the P^rfotx fo applying, ♦*■' ■ h^i 1 t «'9 1 t : lias tohdiif^ed hirhfelf as a good and zeatotis Frichd 0^ wliat they ire H to the American Caufe, lince the Commencement of enquire* Hoftilities by the King of Great-Britain^ againil thefc United States } at which Time and Place the faid Sheriff fliall adminifter to each Freeholder in the SherifFtofweartheflii faid Writ named, the following Oath, vixt «ndFormofthcOath« ** You (hall well and truly enquire whethef l'^* has, lince the Commencement of Hoftilittes by the King of Great-Britain^ againft thefe United States, voluntarily put himfelf under the Protedtiotl of any or either of the Fleets or Armies of the faid King ; and whether the faid has con- ducted himfelf in fuch a neutral and equivocal Man* ner, as to raife jull Sufpicions of his being difaffeded to the Freedom and Independence ot thefe States : And whether the faid has uniformly and fteadily conducted himfelf as a good and zealous . Friend to the American Caufe : So help you God." ; r. ■ And the Inquifition bein^ taken under the Hands and Seals of the faid Sheriff and Freeholders, (hall be returned into the Coi^rt from whence the Writ irtued ; and If from the Inquifition taken as afore- faid, it fliall appear to the faid Court, that the Perfon at whofe Requeft the faid Inquifition fliall be taken, has not voluntarily put himfelf Under the Proteftion of the Enemy, fince the Commencement of Hoftili- ties by the King of Great-Britain againit thefe States ; and that he has hot behaved himfelf in fuch a neutral and equivocal Manner as to raife jult Suf- picions of his being difaffieifled to the Freedom and Independence of thefe United States ; and that he has uniformly and fleadiiy condu6led himfelf as a good and zealous Friend to the American Caufe, fince the Comniencement of Hoftilities as aforefaid ; he fliall be reflored to his full Privilege of an Attor- ney, Solicitor or Counfellor at Law, as the Cafe may be, of which the Judges of the faid Supreme Court or one of them, fliall give him a Certificate. The Inquifitioti 't« be returned unddr tht Hands and Seals of th< Sheriff and Jurors, and what the Inqucft fhall find to entitle to a Redoration to prac- life. In fuch Cafe, the Judgesoroneofthem, to give him a Ccvtih- cate. Provided ativays neverthele/f, That if any Attorney, provifo in Favor o f Solicitor or Counfellor at Law, fliall, fince the ninth thofe who have fervcd Day of ^uly^ in the Year of ouf Lord One Thou- in public Offices, fince fand Seven Hundred and Seventy -fix, have fefved the9tii July, 1776. as a Member of the Convention or Legifiature, of this .' I ^ I ^lUpjj'wfl-, \ ir'**^ "^V Preamble. Attorney-General »o be ferved with a Notice of the Time «nd Place of Execu- tion of a certain Writ of Inquiry, 20 Days previous to its Exe- cution. i! 1 [ "o 1 thU or any other of the United States, or ferved ai a Delegate in Congrefs ; or (hall have ferved under any Commiflion, either Civil or Military, from the Congrefs of the United States, or from this or any other of the United States ; on Affidavit oi fuch Service to be read and filed in Court, fuch CounfeU lor, Solicitor or Attorney, (hall be reftored to hit full Privileges : Any Thing in this A6t contained to the Contrary, in any Wife notwithflanding. Xlll. ' ■'^^''- C H A p. uttt JIB to amen J an Ail pajfed the ()th Day of OSlo- ber^ ^779* relative to Jttornics, Solicitors ^ and Counfellon at Law. Pnffe' i 20th November, 1 7 8 1 . 1 WHEREAS no Perfon is authorifedor required to attend on Behalf of the People of this State at the Execution of a Writ of Inquiry, to be ilTued in Purfuance of the A&y entitled, ** An Atl making it nccejfary for the Attorniei. Solicitors ^ and Counfellors at LaWt who have been licenced to plead or praSlife in any of the Courts of Laiv or Equity^ •within the late Colony of New-Torky to produce C-r- tifcatcs of their Attachment to the Liberties and Inde- pendence of America, I. Be it therefore enabled by the People of the State of New- York, reprefented in Senate and AJJembly, and it is hereby enabled bv the Authority of the fame ^ That whenever any Writ of Inquiry fliall be iflued in Purfuance of the faid A6t, the Perfon at whofe In- ftance the fame is granted, (hall caufe Notice of the Time and Place of its Execution, to be ferved on the Attorney-General of this State, at leaft twenty Days previous to fuch intended Execution thereof ; ancl the Attorney-General, or fome Perfon autho- rifed by him for that Purpofe, by writing under his Hand, is hereby required to attend the Execution of fuch Writ of Inquiry, and to profecute for and on Behalf of the People of this State. II. And ( '«> 1 II. j4fi(i he it further tnaBed hy the Authority aftrt- faiii^ That each and every Attorney, Solicitor, or Counfcllor at Law, vrhofc Sufpchdon heretofore hai been, of hereafter fliall be taken off, and who hath not been duly qualified before the paiTingof this A6t, according to the Direftions of an Aa, entitled, *' y/« A£l rrquiring all Perfons holding Offices or Places under the Government of this State^ to take the Oaths therein prefcrihed and dire^ed.** paiTed the 5th Day of March, 1778, fhall, before he fliall be admitted to plead or prai^ife in any Court within this State, take and fubfcribe the Oath prefcrihed by an A«^^ entitled, '* An Aa for the better fecuring the Inde-^ pendence of this State^ and to that Endj requiring alt public Officers and EleHors within this State f to take/ the TeJ Oath therein contained** palfed the 26th Day of March laft; and that if any Attorney, Solicitor or Counfellor, whofe Sufpenfion is already taken off, arJ who has not, before the palTing of this Ad, f^ecn duly qualified purfuant to the Directions of the faid A«^ pafled March 5th, 1778, and being at pre- fent an Inhabitant of thii State, (hall not, within thr^e Months after palling of this A£t ; or if fuch Sufpenfion fliali be hereaftftr taken off, fhall not within ten Days after fuch Sufpenfron fhall be takeu off, take the Oath in and by the laft mentioned A6t prefcrihed, fliall be for-eve^ hereafter precluded and barrtd from pleading or prad^ifing in any of thb Courts of Law or Equity in thrt State, and ig prdei' m compql the Att^oQance uf Witnefles. III. Be it further enafltd ly the Attihority afote- faid^ That Procefs of Subpcena may iffuc to convene Witnefles before the Sheriff on the Execution of fuch Writs as aforefaid, asi& ufualon the Execution ^ Writs of Inquiry of Damages; >.. i. Su/penrioni iiktu or to be taken off At* tornics, &c. and not been duly qualified, to take the Oath in the A£l of the a6th| Marah )»it. ^•^fiSi- I \ tJuty of Attornifs, &c. whofc Sufpenfion is already, or fhall hereafter be taken off. Su/bpoetift to com?«l the Attendance of Witnelfes, ^ : ■■' !%'"?r} ift^' jV>' :n>^n% ' ■ . .'.;r.it. , w RESPECTINO Trefpaflcs, fubjedling the Loyalijis, and even Servants of /)?;tf Crown, to Pro- fccutionsfor Adts doncby them in the difcharge of their duty, under the Orders of the Commander in Chief of His Majefty's Forces, the Rights of Conquells, and the Law of Nations, i i ■». ■ »ivH'. .j'u ;j .. ,1 :..■ I? ;ifj' C HAP. XXXL '■'' . . ' ■* termined in fuch Court, >nd every fuch Adlion (hall ' be coniidercd as a tranfitory AAion. That no Dc- «-.,. ^ , feodant or Dpfendants (hall be admitted to plead, in not\idSl E ' Juftificatioij, any military Order or Command what- dence. * ever, of the Enemy, for fuch Occupancy, Injury, De(l^u£tion, Purchaf^ or Receipt, nor to give the f^jffit in Evidence on the General I(rue. If this A8 tjoms t/it faffed after KnotoUdgi of the Peaei, the ffenos »f nvbich, arri'ved at Philadelphia the 14/A tf that Month, it tvas in the clear trojfeil of it, and tbongb dire£ily repugnant to it, is in dailj t^eration to the rtuM «/ multitudes, and not repealed. ' /. CHAP. XL, ^n AH fof fujf>etiding the Profecutions therein mentt' oned. Palled a 1 ft March, 1783. WHEREAS many zealous Friends to the Free- Preamble. As to dom and Independence of the United States certain A£ls done, not pf America, have, during the prefipnt Conteft with conformable to Law* Great-Britain, committed and doi^e A<^s in Support of the faijl Freedom and Independence, which were not conformable to the ftri^ Letter of the Law. • '^ '#v And nvhereaSf no fuificietit Difcrimination can be made before the Reflor^tiqn of public T|:anquility, between wanton A£ts of Violence, and A6ts which proceeded frof^ ^ D^fire to promote thp pKl>liip Safety: ■: '' q^z ^-^'^ ■■■■''-' Si If No Profecution for certain unlawful AQis n, Suit or Profecutioo, for any Imprifon- -meat, hfcape, Alfault, Battery or Tr^lspafs, done or commi- R-tl'J,' w \t f5 H A P I ««i ] Preatry«t Rccu. ting that certain ab» fcondingDebtors,may defraud ihcir Cretji* tors. CHAP. LIV. An AB to amend an A^, entitled^ «* an AB for Rt» lief agit'itft ahfconding and abfent Debtors,*^ and tp extend (he Remedy of the AB^ entitled^ *' An jJH for granting a more ejffeflual Relief in Cafes of ceri- tain Trcfpajfes , and for other Purpofe$ tbe>\,'n puif' tioned:' Faffed May 4th, 1784. ;>"■ WHEREAS divers perfons being intlebted *o the Citizens of this State, having fince the ninth Day of July, in the Year of our Lord One Thoufand Seven Hundred and Seventy-Six, removed from Parts of this State out of the Power of the Fleets anc? An.nes of the King of Great- Britain, late Enemies of this State, to i?arts thereof then within the Power of the faid Fleeti and Armies ; or having during the late War remained in Parts of this State which then were within the Power of the Fleets and Armies of the faid King, and who have refpeftively withdrawn himfelf or themfelves from the State ; by which Creditors will be defrauded of their juft Dues, unlefs a legillative Provifion fliall be made for theiV Relief. I. Be it therefore enabled ly the Peopk of the State pf Neiv-Tork. tcirefented in Senate am.' Affembly. and tT«...p:»*— ««•^ — itts hereby enaBed by the Authority of the fame y That cover theirDebrsfrorft if any Perfon cr Perfons, who, fince the ninth Day Pejfgnsiov/ithck-avnu of July, in the Year One Thoufand Seven Hundred and Seventy-Six, removed from any Part of this State out r\ the Power of the Fleets and Armies of the King of Great-Britain, late Enemies of this , State to an} Part thereof, at the Time of fuch Re- jnoval, with'.n the Power of the faid Fleets and Ar- rnies; or hairing during the late War, remained within the Power of the Fleets and Armies of the faid King, and who hath or have fince withdrawn himfelf or themfelves refpeftively, from the fa'd State, leaving Property within the fame, are or Ihall be indebted to any Perfon or Perfons Cicizens of this State, in the Sum of Ten Pounds or upwards ; it Ihall and may be lawful for fuch Creditor or Cre« ditors refpeftively, ro make Application to any one pf the Judges of the Supreme Court of Judicature [ ia6 3 of this State, or to any one of the Judges of the Court of Common Pleas of the County, in which the Property of the Debtor or Debtors is or doth lie, and then and there make Affidavit (or if of the People called Quakers) Affirmation* that fuch Per- fon or Perfons is or are juftly indebted to him or them in the Sum of Ten Pounds or upwards ; and Ihall alfo prove by one or more Witqefs or WitneiTes, to the Satisfadtion of the Judge to whom fucb Ap- plication (hall have been made, that fuch Debtor or Debtors, did after the ninth Day of July, in the Year One Thoufand Seven Hundred and Seventy. fix, remove from Parts of this State out of the Povve.r ^ of the Fleets and Armies of the King of Great^Britain, late Enemies of this St^te, to fome Part thereof , within the Power of the faid Fleets ap4 Armies, . ■ ivhi'e Enemies as aforefaid ; or did during the late W^r, repnain within the Pp\ver of the faid Fleet* snd Armies, and v/l^o hath or have withdrawn hisn-' d direded in and by the aforefaid Aft, entitled, *' An Aft for Relief againft abfcond- Ing and abfent Debtors,** paiTed the 3d Day of ^pril, 1775, j^nd nubereas many Perfbn? who have injure4, de- Rftciting that many jlroyed or occupied the re^l or perlorial Eftatps of ifons who have fuch Inhabitants of this btate defcribed in " Aft wirhdiawn as afoic- ^ft fqr granting a more eflfeftu^l Relief in Cafes of a^e'cUheroT ' <^^"^^" Frefpaifes/' have withdrawn themfclvei prSzens! '^"^"^'^^^ from this State, leavjng cou(iderah|c Property WithiiJ the; fame. ' ' . H. Be it therejhre enalle/il>^ th^ AjfthorUy aforefaid^ JtcRicdy for Perfons That it (hall and may be lawful, to and for any Perfoii Vhote Property has or Perfons who are or were Inhabitants of this State, been injured or ocvu- and who, by Reafon of the |!ftvafion pf this State pied, againa PcrfonB by the Troops of the King of Gjeat- Britain, left xvlio have witWfawD ^Ig^ her, or theji Places of Abode ; and who have n 3t"rpwa» poj voluntarily pvu then>relve8 refpeftively, in tht power of the faid Troops (it^ce they refpedively left their Places of Abode, his, her, or their Heirs, t^c^Utorp, or A^^nir\iAr*K>r8, after ifluine Procef^ m t R Peifo t i'7 1 •iit ot any Court of Record in thii State, ill ttril ufual Form againft any Perfon or Perfons who hav« occupied, injured, or deftroyed his, her, or thcif , Eftates, real or pfirfonal, in thcPowerof theTroopi .• - » of the King of Great-Britain aforefaid, his, her, o* % their Heirs, Executors, or Adminillrators ; and aftef the Defendant or Defendants named in fuch Procefs# fliall have been returned, by the Officer to whv>m th« fame was direfled, not found, to file a Declaration againft fuch Defendant or Defendants in fuch Court of Record from which fuch Procefs iiTued; and tha» the Plaintiff cr Plaintiffs, (hall thereupon and within ten Days after the expiration of the Term in which (bch Procefs Hiall be returnable, caufe a Publication to be made in one of the public News-papers printed in this State, for the Space of ten Weeks fuccenively, fetting forth that fuch Procefs hath been ifTued and . . ]3eclaration filed, and that unlefs fuch Defendant or , Defendants fhall enter his, her, or their Appearance ih fuch Action within fix Months from the Date of iuch Publication, a Judgment will be entered againft him, her, or them, in fuch A£tion : That if fuch Defendant or Defendants ihall not appear within the Time in and by fuch Publication limited, the Court fliall grant an Interlocutory Judgment againft the Defendant or Defendants, and thereupon a Writ of Inquiry (hall be granted to afcertain the Quantum of the Plaintiff's Demands, and on the Return thereof. • final Judgment (hall be entered for the Sum found in the Inquifition with Cofts, in fuch Manner and Form, and fuch further Proceedings fliall be had thereon a» if fuch Defendant or Defendants had entered his, her, or their Appearance on the Return of the Pro- cefs ifTued againft him, her, or them. Provided always^ That no Execution on a Judg- Provifo. No Exe- ..ent to br obtained in the Mode prefcribed by this cution to be levied on A'\ fhall be levied on any Ship or other VefTel, or any Ship or Cargo, or the Cargoes thereof refpedtively, nor on any Property forfeited Property, forfeited to the People of this State. And whereas the Intent of the Perfon or Perfcws Preamble, bringing fuch Suit may be to fatrfy fuch Judgment out of the perfonal Property, Monies, Goods, or Ckattels, of fuch Defendant or Defendants in the Hands i ipppiw.^fipwppw^^ / t «»» i State ; of Pcribns ndw retiiainmg within thi?. falntlff to notify the i-I» -^^ ^'^ thtrefore enaShd hy the Authority afore* t'erfon in whofeHands /»'*'^, That it Ihall and may be lawful for every ffpfcrty may be, Sec. Plaintiff in fuch Suit to notify* in the pre fence of iwo U'itnelTes, the Perfonor Perfons in whofe Handi he fhaU conceive fuch perfonal Property to be, of the bringing of the Suit and his Defign, that the Judgment to be obtained fti»ll be fatiofied out of the |jerfonal Property of the faid Defendant or Defen- iiants in the faid Perfoti's Hands, and requefl his, her, or their Certificate or Oath in Writing of the Particulars or Amount of the fame, which fliall be filed with the Declaratiorti And if on the final Judgr Went the fame Ihall not be found, or if fuch Perfons refpeftively (hall refufe to give fuch Certificate as '''-refald, it (hall be lawful for the Court in which ^ Suit fhall be commenced, to bring fuch Perfon L. Perfons into Court by Attachment to examine! them on Interrogatories, and to commit them with- out Bail or Mainprize until they comply with fuch Rule or Order as the faid Court in their Wifidom^ fhall think juft and equitable. ■'■xw\ ^^ %m & »t > jj^gui'C may procec vr Surplus of Money inTrullei-s Hands, ap- 4>ointed in Virtue of this Aft, &c. to be {)aid into the Treafu- y of the State. And by him paid to tht Debtor or Attor- IV. And he it further enaBed hy the Authority (tftirefaid^ That the Surplus of any Monies which may be in the Hands of any Trullees to be appointed in Purfuflnce of this Aft, after Payment made to the Creditor or Creditors of any fuch Debtor or Debtors as aforefaid, by the Sale ot" whofe Eflatc fUch Monies fhall fo come into the Harids of fuch Truftees as aforefaid, and the Surplus of any Monies' which may be in the Hands of any Sheriff after paying and fatisfying the Sum or Slims levied for by Virtoe of any Execution or Execution's, whereby fuch Monies fo oonte into the Hands of fuch She- riff (hall be by them refpeciively paid into the Trea- fury of this State, and be by the Treafurer paid to the Debtor or Debtors, Defendant or Defendants, or their refpci^ive Attornies or legal Reprefentatives, whenever they fhall refpe6fively apply tor the fame. Remedy for Citi- jfcns to recover Da- fiiapes for dcflroycd V. Be it further iiiaSled hy the Authority aforefaid^' That every Citizen of this State whofe Kftate real or perfonal, has been injured, dcliroyed or occupied ,, ... ■ fc'r i ' r "9 3 4H; by any fuch Perfon or Perfons who have fo with- drawn themfelves from this State refpe«Stiveiy, may have the like Remedj^ for recovering the Da- mages fo fuilained by fuch Injury, Deflru6tion or Occupancy during the late War, as is given by thi« Aft to the Perfons defcribed in and by the faid Aft laft recited. AnJ ivhereasy by an Aft, entitled, " An Aft re- Preamble, lative to Debts due to Perfons within the Enemy's Ante Page 95. Lines," paflTed the twelfth Day of July, One Thou- fand Seven Hundred and Eighty-two, certain Suits and Profecations therein mentioned, which were already commenced, or might be thereafter com- menced, {hall be ftaid until the Legiilature (hould make further Provifi^-i in the Premifes. VI. Be it therefore enaHedhy the Authority afore' p^^ relative to cer- faid^ That the Neceffity of itaying fuch Suits as tain Debts, &c. no aforefaid, does no longer exift; but that the faid longer ftayed, except Aft, entitled, " An Aft relative to Debts due to in certain Cales. Perfons within the Enemy's Lines," fliall and is heieby declared to be in full Force and Operation according to the true Intent and Meaning thereof; except fo far as refpefts the flaying of fuch Suits. And 'vohereas^ There appears to be an Omiffion Reciting an Omiffion of the Words to any Perfon in the firft enadling of Words in an Aft Claufe of the aforefaid A6t. herein raention«d. VII. Be it therefore further enaHed hy the Authority The faid Words (hall aforefaidf.That the Words to any Perfon fliall be and be infertcd. hereby are declared to be inferted between the W^ords, '• Due by or from any Perfon not within the Enemy's Power or Lines," and the Words •* that has remained with," in the faid firft enaft- ing claufe of the faid Aft, entitled, ** An Aft relative to Debts due to Perfons within the Enemy's Lines." And whereas J it is provided in and by the faid laft mentioned Aft, t^at nothing therein contained Ihould be conftrued to extend to any Perlbn, that theretofore had been, then was, or thereafter ihould be a Prifoner with the Enemy, R ym.Bt To whom the Bene- fit of this A£t extends. [ ^30 3 VIII. Be it therefore further enaSledhy the Authority aforefaid^ That the Benefit of the faid ASt^ (hall be extended to all fuch Perfons as are defcribed in the faid Provifo, except with refpeft to Debts which fuch Perfons may have contraded whilil in Captivity at any Time during the late War. 7his ASI is a Defvice to feqitejler the Eflates of Briti/h Officers and Friends, though abfent, by placing Torts on the footing of Debts, and confidering the Abfenteey tbout;h banijbed, as a njoluntary abfcotiding Debtor. And, in r/'- olaticn of the Treaty, makes the Eflates of the Loyalifls liable, for the meer occupation of Poffeffionsy vacant or acquired by the King's Arms, Jure Gentium. § LAW; VV t IJ' ] L AW S, Affedting the Trade of Great-Briuin, by impofing Duties on Britifti Goods im- ported in Britilh Bottoms— Prejudicial to Britifh Creditors ; and fubjeElin^ Br it iff) Merchants with others, relident in the Southern Diftridt of the State, to the payment of enormous Taxes im- pofed under pretext, that the fame were an equivalent for Taxes not levied in that Quarter during the War. y\\ CHAP. VII. An AH impofing Duiies on certain Goods^ Wates^ and Merchandize^ imported into this State, Pafled th$ x%i\ioi November^ 1784. I, DJE it enaBed by the Peoph of the State of New' Tbrij reprefented in Senate and AJfemhly^ and it is hereby enaSled by the Authority of the fame^ That from and after the palling of this A£t, all fuch Goods, Wares and Merchandize, as are herein after enumerated and mentioned, which Ihall be imported or brought itrto the State by Land or Water, Ihall be fubje£t to the Duties and Impofls herein after mentioned ; that is to fay. Every Gallon of Madeira Wine, Six-pence ; every Gallon of Wine, of ^ny Kind or Quality, Three-pence ; every Dozen of Bottles of Wine, of any Quality, One Shilling ; every Gallon of Rum, Brandy, or other diftilled fpirituous Liquors, imporred in Ships or Veflcls, owned by Citizens of this, or of any of the United Sutei, Two-pence; every Gallon of Rum, Brandy, Groods, Wares, and Merchandize herein enumerated, iubje£t to a fpecific Duty. By the Aft of the 15th March, 17'' , this Aft is much af- tered, and double Du«< ties impofed. •i* '; C »32 3 Goo.ls im; ortcl in or ot Iter dirillled fpirituous Liquors, imported into Dritifr Sliips. this State, in VclTels having BritiOi llegii^crs, Four- pence; every Pound of Bohea Tea, Threepence, and for all Teas of a fupertor Quality, Ten per Cent, a^ Valorem ; every Pound ot Coffee, One Penny ; every Pound of Loaf-Sugar, Three -pence ; and after the fird Day of March next. Five-pence ; and the following enumerated Articles, imported from Europe, (hall be fubjc'»r the like Duty on every Gallon of Rum, Brandy, or other diililled Spirituous Liquors imported into this State in foreign Veffels, except Britifli, (hould be collefted and paid, as by the faid A(5t are impofed on the like Articles imported by Citizens of this State, or of any of the United States. I. Be it enaBed by the People of the State of NeW' ^ork^ reprefentcd in Senate and AJfembly^ and it is hereby enaBed by the Authority of the fame^ That every Gallon of Rum, Brandy, or other dilHlIed Spirituous Liquors brought into this State in any foreign Vef- fel, except Britifh, fhall be fubjeft to the like Du- ties as by the faid Aft are impofed on Rum, Brandy, or other dilHlled Spirituoiw Liquors imported by Citizens of this or any ot the United States. Preamble* Spirituous Liquors imported in toieiga VefTels, except Britifh, fubjeft to a like Duty with thofe imponed by Citizens of this or any of the United States. Il ^wt/w/^fr^dt/ the Importation of Goods into this Preamble to the fol- State in Veffels Built therein and owned by Citizens lowing Claufc. thereof oughc to be encouraged, II. Bt V ■111 :,,!f X m i [ 134 ] All GootU fubjeft 11. 5^ // ena^etl hy the Authority aforefaid^ That' to a Duty by a certain from and after the firft Day of July next/ all Goods, Aft herein mentmned, ^^,.gj^ ^,^,^1 Merchandize, fubjeft to a Duty by the Velkls^fubka to^^ firft Seaionof the Act, entitled, ' An A6t impofing dtoublcDuty, Duties on Goods, Wares, and Merchandize importea into this State," pafled i8th November, 1784, which fliall be brought in any Britilh Ship or Veflel, or in any Ship or Veflel owned in the whole or in part by any Britifh Subjeft or SubjeiSs, arriving rit or coming into any of the Ports or Harbours of this State with or without Britilh Regilters, Ihall be fubjeft to double the Duties laid on Goods, Ware?, and Merchandize, imported in any other Ship or Veflel. All Pewter hollow Ware after a certain Dav, fuhjedl to a Duty of Five per Cent, and if imported in Britifh Vcflck, to a Duty of l'«ti ^x Cent. III. And he it enaSled hy the Authority afortfaid^ That from and after the firft Day of July next, all Pewter hollow Ware which (hall be imported or brought into this State fliall be fubjed to a Duty of Five per Cent, except the fame fliall be brought in any Britifti Ship or VeflTel aforefaid, in which Cafe fuch Pewter hollow W-^are fliall be fubjeft to a Duty of Ten per Cent, to be coUeded in the Mode pre- fcribed in and by the A£t above-mentioned. Every Set of Har- IV. And he it enaBed hy the Authority aforefaid^ jftdsimportfd into this That every Set of Harnefs for two Horfes, which State, lubjcdt to a fhall be imported inio this State from beyond Seaj ^"^y* fliall be fubjcdl to a Duty of Five Pounds ; and every Harnefs for a fingle Horfe, to a Duty of Two Pounds Ten Shillings, to be coUedted in Manner aforefaid. All Ships built by Foreigners in this State, to be priviledg- ed as if owned by Citizens. And no higher Du- ties to be paid on Goods, iiz. than ,is paid by Citizens. V. And he it further enaSled hy the Authority afort» faidy That all Ships or other VeflTels which fliall hereafter be built in this State by or for any foreigner, and rigged with Cordage of the Growth and Manufadure of any of the United States, fliall be entitled to the fame Privileges as if owned by Citizens of this or any of the United States, on Proof being made to the Satisfi^dtion of the Collec- tor of the Cufloms ; and that no higher or other Duties or Fees fliall be paid on the Goods, Wares, and Merchandize brought into this State in fuch • Ships or VeflTels, than is paid by the Citizens of this or any of the United States. IV. And f '35 I ler VI. And he it enalled hy the Authority aforefnid^ That from and after the firft Day of July next, all Goods, Wares, and Merchandize, other than the Produce and Manufacture of any oi the United States, imported into this State from the States of Rhode-Ifland, Connedlicut, New- Jef fey, and Penn- fylvania, (hall be fubjedl to the Ijke Duties as are by this Aft impofed on all Goods, Warel, and Mer- chandize imported into this State after the faid firft Day of July, in any Britifh Ship or Veflcl, pr any Ship or Veffel ovvned by any Britifh Subject or Sub- jefts, unlefs it ftiall be proved to the Satisfaftion of the Colleftor, that fuch Goods, Wares, and Mer- chandize were not brought into either of the faid States in any Britifli Ship or Veffel, or any Ship or Veffel owned in the whole or in part by any Britifh Subjeftor Subjects . PiW Goods, excq* fuch as arc the Pio- duce of the United States, imported from certain of the United States into this State, fubjcft to the like Du- ty as thole imported in Britilh Veffcls. Unlefs it be proved they were not import- ed into the faid States in any Britifli Veffel. '■;#!f- VII. And he it further enaSted hy the Authority All Goods landed afore/aid. That when any Goods, Wares, or Mer- before Entry, liable chandize fliall be landed, put on Shore, or removed to be feized by the from on board of any Ship or Veffel, by any Mer- Surveyor & Searcher, chant, Fadtor, or other Perfon or Perfons, before he or they (hall have duly entered the fame with the CoUeftor, fuch Goods, Wares, or Merchandize'^all be fubje£l to be feized by the Surveyor and Searcher, tlie refpeftive Tide-waiters, Gaugers, and Weigh- mafters of the Cuftoms. */ho are refpe£lively hereby authorized and required a feize the fame ; and that the fame (hall and may be proceeded again ft and dif- pofed of in the Manner direded in and by the faid Aft, entitled, * An Aft impofing Duties on certain * Goods, Wares, and Merchandize imported into ♦ this State,* Providedy That it (hall not be lawful for any of tKe Perfons aforefaid to feize any Goods, Wares, or Merchandize Subjeft to feizure after the fame have been landed and Stored, unlefs by a Warrant firft had and obtained for that Purpofe, as in and by the faid Aft direfted : And provided aljo^ That this Claufe Ihall not be conftrued to extend to any Goods, Wares, or Merchandize imported in any Ship or Veffel driven into Port by Diftrefs, as mentioned in the twenty-ninth Seftion of the Aft aforefaid. Provifo, that fuck ,4 Goods fo landed (hall not be feized without ■ ^ a W arrant firft had and obtained for the Fur- pole ; and provided -■s further^ that it ihall ' ■')% not extend to Veffel* . ':':^ driven into Fort U Dittrefs. ' • ■i ill C '36 J 7bt Council of Rfvifion objeSled to this A£l btceming , Laiu of the State. Sec Appendix, No. 3. CHAP. LXVIII. I I*. \^^ laid on Articles herein CQuincratcd, Ah AB grant'ing a Bounty on Hemp to It raifetJ njoithtn ibis State y and impofing an additiottal Duly on fundry Articles of Merchandize ^ and for other Furt'ofes therein mentioned, Pafled tiie izth of April, 1785. Additional Duties ^^^ £E it enafled hy the Aforify .f^ejaid. That an additional Duty be laid tn tie enume- rated Articles following that fliall be brought into this State by Land or Water after the firft Day o^ November next, that the Amount of fuch Duty bo applied towards the J'ayment of the Bounty given by this Ad on Hemp to be railed in this State, that is to fay, for every Hundred Weight of foreign Cordag'* Four Shillings; for every Hundred Weight of fore" whitf Rope or Yarns, Four Shillings ; for e\ Hundred Weight of foreign Hemp, Two Shillings; for every Gallon of foreign Linfeed Oil, tour- pence; for every Pair of Shoes, Six -pence ; and for every Pair of Boots, Two Shillings ; to be col- leded and paid as is direded by an Ad, entitled, ** An Ad impofing Duties on certain Goods, Wares, and MerchEndize imported into this State," pafled 18th November, 1784. V, And le it enaBed ly the Authority aforcfaid^ That all Goods, Wares, and Merchandize, brought or imported into this State by any Foreigner, and not configned to a Citizen of this State, fhall be fub- jed to pay One and a Half per Cent, more than fuch Goods, Wares, or Merchandize, imported by the Citizens of this State, or of any of the United States ; which additional Duty of One and an Half per Cent, fhall be coUedcd and paid as is direded by the preceding Claufe. Goods imported by a Foreigner, and not configned to a Citizen, fubjeft to a Duty of One and an Half per Cent, more thanGoods imported by Citizens. C H '*P. [ »37 ] CHAP. XXXIV. j9n J^ SI for the Relief of infolvent Debtors ivithln this State. Pafled the 17th April, 1784. I. ^£ it enaSled hy the People of the State of New- Tq yf\^a^ Debtort York, reprefented in Senate and AJfcmbly^ and arc to petition and cx- /'/ is hereby enabled hy the Authority of the fame y That hibit an Account and it fliall and may be lawful to and for the refpedive Inventory of the Ef- Debtors, who, at the Time of paffing this Adt, (hall wtcs, &c. be confined in any of the Prilons of this State, to prefcnt a Petition to the Court, out of which any rroceis againft them refpeftively, fliall have ifTued, and upon which he or (he is imprifoned, or to any one or more of the Judges of iuch Court, fpecify- ing the Caufe or Caufes of his or her Imprifonmenf, and exhibiting an Account and Inventory of his or her whole real and perfonal Ertate, and of the Se- curities relating to the fame ; which Petition, with the faid Account and Inventory, (hall be lodged with i| ^ the Clerk of the faid Court, for the Infpedion of the Creditors of liich Debtors refpeftively ; ai after fuch Petition prcfented, an Account and Inventory filed, fuch Prifoners (hall refpeftively publifh Adver- tifements in one or more of the public News-papers of this State, for three Weeks lucceflively, notify- ing his or her Creditors, that he or flie intends to apply to the faid Court, or to any one or more of the Judges thereof, who (hall attend at a certain Day, not lefs than four Weeks from the Publication of fuch Advertifements refpeftively, to be d- icharged according to the Prayer of his or her faid Petition, ' at which Day the faid Court or the faid Judge or Judges may, and are hereby required by Precept, under his or their Hand or Hands and Seal or Seals,^ direded to the Sheriff, Gaoler, or Officers, having the Cuftody of fuch Prifoner or Prifoners refpec- tively, to require him, her, or them, to be brought up before fuch Court, or fuch Judge or Judges ; and the faid Court, or Judge or Judges may then admt-* nifter to fuch Debtor, the following Oath or Affir* mation, to wit, «» ■ 11. Notification to Cre« ditors. " I do folemnly fwear, or if of the Peo. Court or Judges to pie called Quakers, affirm, that the Account by me jdminjfter wi Oath to filed, Debtors* ' v Ir ^^.'; ."•yy Whenafuti eDay tnay be appointed for iie!iring the Parties. t »38 ] Infolvent's Eftatcs to be affigned to Cre- ditors. . . filed in the Office of tVe Clerk of the Supreme Court (or in the Office of the Clerk of the Mayor's Court of the City of ' ■ ■ — or of the County of as the Cafe may be^ is a juft and true Account of all my Creditors, and ot the Monies owing to them refpeft'.vely by me, to the beft of my Knowledge and Remembrance ; and that the Inven- tory and Account by me filed in the faid Clerk's Office; is a juft and true Acv':ount of all my Eftate, real and perfonal, both in L,?w and Equity, either in PolTeffion, Reverfion, or Remainder ; and that I have not diredtly or indire(Sly fold, leafed, afllgned, or otherwife difpofed of or made ovet, cither in Truft for myfelf or oth 'rwifCr except as fet forth in the fame Account and Inventory, any Part of my Eftate, real or perfonal for my further Benefit, or in Order to defraud my Creditors. So help me G0D.'» Which Oath or Affirmation being taken, if the ^ Truth thereof fliall be denied or controverted by any of the Creditors, the faid Court, or Judge or Judges may appoint feme further Day for hearing the Parties, as wt!! Debtor as Creditor3, and upon fuch further Hearing, may, in their Difcretion, either remand the faid Debtor, or proceed to a Dif- cbarge as if no fuch further Hearing had been re- quired ; but if the faid Oath or Afl-rmatioii fhalil not be controverted or denied, then the faid Court, or Judge or J>.dges, m^y imi.Tidiately order the Lands, Goods, Chattels, und EfFeds, in fuch Ac- counts and Iiventory fpecified, the necefTary wear- ing Apparel and Bedding of the faid Debtor, and »,; his V7«fe and Children and Family immediately under her Care excepted, to be a proper and legal Affign- ment, Releafe, and Conveyance, in due Form of Law to be executed by the faid infolvent Debtor, affigned, releafed, and conveyed to the faid Credi- tors, or to one ov more of them, or to fome oth^r Per- fon or Perfons to be appointed by the faid Court, or judge or Judges refpedively, in Truft for all the Creditors of the Infolvent, and by Virtue of fuch Affignment, the Eftate thereby transferred fliall ac- tually veft in, and be taken in PofTeflion by the faid Affignee or Affignees, according to the Purport of fuch Aflignment, and Ihall be converted into Money, and w t 139 1 <■« '*M^ *>m' «■> %^:ifc' 1-j '%:: f:^:f and divided by the Affignec or Affignees from Tl'*ic to '^'Tie, among all the Creditors in Pro^wrtion to their refpcdlire Debts, after fx Months previous Notice publifhed in one of the public News-papers of this State, of fuch Airignmei>t, and requiring all the Creditors to produce to the Affignec or Affignees, their feveral Securities or Accounts ; and if any Part Divifion to be mad« of the Debtor's E<>ate, fliall be in Pofleffion of any by Aflignee or Af- otbcr Pcrfon or Pcrfons, the fame (hall be recover- fignees ahk in the Name or Names of fuch Affignec or - ' Affignees, who are hereby fully authoriied to difpofe of and execute good and fafficient Deeds for the fame, or any Part thereof, and to divide and diftri- bute as well the Monies thence arifing, as fuch other Monies which (hall come into their Hands by Virtue of this Ad, among the Creditors of the faid Debtors refpedlively, in Proportion to their nrfpr ^ive Debts v :- or Sums due according to the true Intent and Mean- ing of this A61 } and a Releafe from the Infolvent ihall be no Bar to any Suit or Aftion, which at any Time may be profecuted by fuch Affignec or Af- fignees ; and immediately upon fuch Affignment being made, the "aid Prifoncr or Prifoners Ihall, by Order of the faid Court, cr Judge or Judges, be difcharged out of the Cuftody, and fuch Order (hall be a fuflicient Warrant to the Sheriff, Gaoler or Keeper of fuch Priibn, to difcharge fuch Prifoncr or Prifon'jrs, if detained for no other Caufe or Caufes than thofe mentioi ed or referred to in fuch, his or their Petition, ana the Sheriff, Gaoler or Keeper of the Piifon ref,^eftively, arc required ionhwith to difcharge and ^;t him, her, or them, at Liberty, without Fee; anc", upon fuch Difcharge, the faid Debtor (hall be "finally relcafed from all Debts contraded, and all Judgments obtained ' fore that Time, fo far as they affed his or her Impiifon- ment, or his, her, or their perfonal Property, and fhallnot be liable to be fued or arrefted, or to have their Lands or Tenements, Goods or Chattels, which they (hall the^ "after inherit or acquire, fc? '.ed by Virtue in Confequence thereof, and everf Perfon who (hail be convlded of wilful falfe fwearing in any Mattir or Article contained in the faid Oath, (liall be, and (hall be deemed and adjudged guilty of talfdy. wilful and corrupt Perju y, and fuffer the rains and £«aalues ia fuch Cafes >y Law iaflided. :'S,-.M^'- "■^Ji Prifoners where and how to be difcharged. ■ '*.' Penalty on fw«ari^|; C '40 ] Where Debtors or II. ^nd he it further enaBed hy the Authority civil Officers being afore/aid^ That if any of the faid Debtors fliall be fuecl, may phad the fued for any Debts accrued before the Faffing of General I(r„. ^. ^j^jg p^Q^^ ^^ jf ,j^^. j^j^^ ^^ ^^^^^ q^^^^ ^^^jj ^^ fued for any Thing done in Purfuance and under the Authority of this Att, fuch Defendant may plead the General Iflue, and give this MX and the fpecial Matter in Evidence. General jiFue, &c. PubUc Aft. :'^\-:Ai III. j^»d be it further cnaSled hy the Authority afore/aid, That this Ail may be pleaded in all and every the Courts within this State. \\ >?■■' ?.-v ■ ■*■: ,Mr,. >'.' ■. V 1 ■ • ■ .- iv - 11 ?»»■,..; '':;*^;# CHAP. XIV. This A61: extended to all Debtors now in Gaol. *••«• •- * An JB to revive and amend an AB entitled^ ** An AB for the Relief of Infolvent Debtors, lulthln this State. PafTed 17th April, 1784. Palled 24th November, 1784. \. T>E it enaBed by the People of the State of New- York, reprefented in Senate and AJfembly , and it is hereby enaBed by the Authority of the fame, That the Aft, entitled, *♦ An Aft for the Relief of In- foU'ent Debtors, within this State, palled the 17th April, 1784, (hall be, and is hereby revived, and that the fame fhall, and is hereby declared to extend to the refpeftive Debtors, who, at the Time of the palling of this Aft, fhall be aftually confined in any of the Gaols or Piifons of this State. ■ ; I " % Aflignces of Debtors to tatie an 0.lth to perform their Trufl. AiHIf ■ !.'■/•■ tt t.ii-'stTS'.J t:: 11. And he it further enaBed hy the Authority aforefaidt That the Aflignee or Affignees to be ap- pointed in Purfuance of the Aft hereby revived, and of this Aft and every of them, fhall within three Months after fuch Affignment, as in the faid revived Aft is fpccified, of the Infolvent Debtor's Eftate, lliall have been made and executed, appear before one of the Judges of the Supreme Court, 0. one of the Judges of the Inferior Court of l!oinow;>Plea3, of the County where fuch Debtor fliall C Hx 1 (liall have been imprifoDed, and take an Oath, (of if of the People called Quakers, an Affirmation) jufHy, truly, faithf jlly, and impartially, without any Favour or Aficftion, to perform, do, and exe- cute the Truft repofed in him or them, by Virtue of this Aft, for the beft Benefit and Advantage of all and every of the Creditors of the faid Infolvent Debtor ; and that he or they, the faid Affignee or Alfignees, (hail and will, within one Month after he or they fhall have made any Divifion among the Creditors of the Infolvent Debtor, exhibit and file in the Office of the Clerk of the County, where fuch Debtor (hall have been confined, a Lift o»^ Inventory of the Eftate or Monies fo divided, as aforefaid. III. And he it further enabled iy the Authority' And after Notice, aforrfatd^ fhat the faid Affignee or Affignees fliall, w i"ake a Divifion of within one Month after the Expiration of fix Months ^^ Eftate. Notice, directed by the A«Sl: hereby revived, proceed > to, and make a Divifion as aforefaid; and in Cafe >' , -" the whole of the faid Infolvent Debtor's Eftate (hall not then be converted into Money, that then and in fuch Cafe the faid Aflignee or Affignees (hall proceed .,_ '''"^''■■.'''-i^'--' with all convenient Di(patch to convert the Relidue : '''\.^/-.-'^:?:\--'''^^"' of the (aid Inlblvent Debtor'^ Eftate into Money, / ;^k ' -^ ' and within two Months after fuch firft Divifion as "^ aforefaid, ihall proceed to another Divifion of the Refidue, giving at leaft one Months previous Notice of fuch fecond Divifion, in one or more ^^" the pub- lic News-papers, printed in this State A fo as often as (hall be neceffary, until the whoic of the faid Infolvent Debtor's Eftate be convened Into Money, and divided among the Creditors as afore- faid. M. .'-^ After nrft Divifion, when to make a fe- condj lie. No Pcrfon to be a nee, inlcfs a lolder IV. And he It further enaHed hy the Authority ^° afore/aid^ That no Perl'on or Perfons (hall or may be p ?' appointed an Affignee or Affignees, unlefs he or they fliall be a good aid fufficient Freeholder or Freeholders of one of the Counties in this State. V. And he it further enaSled hy the Authority Affignee aing aforefaid, That in Cafe any Affignee or Affigneee, [^^rSev^'fublSft that (hail be appointed by Virtue of this Ad, and lo aFwSturc ftiall accept of fuch Appointment, fhall neijieft or ' ; y ^ • refufe pt' ^■> \4 '^■'t. f H« ] Bciufe to co»vert the whole, or any Part of the faid To be recovered Infolvent Debtor's Eftate into Money, that then, with Cofts, &c. and and in every fuch Cafe, fuch Affignee or Affignees how divided. fo negleeling or refufing, fliall forteit and be liable ^ ■' to pay a Suna or Penalty equal to the Value of the Eftate which lie or they fliall fo negled or refufe to convert into Money as uforefaid, to be recovered with Cofts, by any of the Creditor3 of the faid /■ Infolvent Debtor, in an A6Uon of Debt, or upon / the Cafe in any Court of Record in this State, and by fuch Creditor or Creditors fo having recovered the fame, be paid and divided among all the Cre- ' i ditors of the faid Infolvent Debtor, in fuch Manner „ , and Form as a Divifion is herein before diredled to be made by an Aflignee or Affignees. ' A Bond to be given VI. And he it further enaSied ly the Authority to prbfccute and divide aforcfaid^ That no Creditor Ihall or may prof-cute or recover agaiuft any fuch Aflignee or Aiugnees as 3^ V ; ^ i aforefaid, until fuch Creditor &all previoulYy hav^ ". ^ entered into a Bond, payable to the other Creditors, J " .. or the major Part of them, with at leaft one fuffi- \ ^ • cicnt Surety, being a fuflkient Freeholder, in fuch '.;-?; Penalty as the Court, or any of the Judges of the ' ,' Court, by whofe Procefs fuch Infolvent Debtor fliall ^^<^i have been confined in Ga-^l as aforefaid, (hall order, ' with a Condition, well and faithfully to profecute ' 5^^'r ior the faid Forfeiture or Sum, fo to be recovered, ' "" and to make fucb Divifton as aforefaid. the CreUicors. Af?]gnees refufing VII. And he it further cna^ed ly the Authority to make a Dividend, aforefaid. That in Cafe any Aflignee or Aflignees, maybe profccuted by that (hall be appointed by Virtue of this AA, ftiall negleft or retule to make a Divifion or Divifions of any Monies by him or them received for the Ufe or Benefit of any Creditor or Creditors, fuch Afl^ignee or Aflignees fliall be liable to p-ay the faid Monies by him or tht i received, to be recovered with Cofts, by any o. every of the Creditors, in any Court of Record in this State. .j».. ..«. io«»'- i\ Petition, Inventory, VIII. And he it further enabled hy the Authority tie oi»Bthtor,\\ov/, aforefaid y That the Petition, Account, Inventory, to be filed. Depofitions, AflSgnment, and Warrant of Difcharge ef each Infolvent Debtor who fliall be difcharged in ' ',;. . ■ Purfuaace oi thij Ad, ihall he filed in the Clerk's ';■''- '• ,.' , • .',jf.v«s!>;-v ;v ■-) ■*;'-l».' ■--- OffiCC r .V 1 ^ ■?■'■■ ■w ■\ t 143 1 :^::. --':.■%; Office of the Court out of which the Pi-ocefs iflued, whereby fuch Infolvent Debtor Ihall hav<» been imprifoned, except where the Difcharge -nail be made by any Jullicc of the Peace upon any Procefs iffued by him, that in fuch Cafe the Petition, Ac- count, Inventory, Depofitions, Affignment, and Warrant of Difcharge Ihall be filed with the fi'd Juftice. -V,- y -■;-■ tH > IX, And he it further enaBed Ij the Authority aforefa'tdf That no Perfon (hall be entitled to a Difcharge by Virtue of this A6V, unlefs one or more Perfon or Perfons fliall declare before the Court or Judge to whom the faid Petition (hall be prefented, that he or they are willing to accept ot fuch Appointment, and to perform the Duties required of him or them by this Aiit, or unlefs a Certificate of fuch Acceptance under the Hand and Seal of fuch Affignee or Aflignees, (hall be previoufly produced to fuch Court or Judge, and proved before fuch Court or Judge by at Icaft one credible Witnefs. .,*sj*'!''.'i ■ No Perfon to be dif» charged jUnlefsthe Ac- ceptance ot Aflignees be proved before the Court. TV ''W\ \ '\ X. And he it furthh^'tnuBed hy the Authority aforefaldf That this Adl (hall extend to William Mead, of the Town of Schenectady, in the County of Albany ; Robert Gordon, late of Schenedlady, in the County of Albany ; Ifaac Burton, of Ame- nia Precinft, in Dutchefs County ; Chriftopher Cod- wife, Chriftopher Bancker, Archibald Kerlejr and Frederick N. Sander, refpedively of the City of New-York ; Tames Blackwell, of Blackwell's Irtand ; and Duncan Mc. Dougall, of the County of Alba'-y, although they are not in adual Confinement in any Gaol or Prifon within this State; and that the Pro- ceedings and Difcharge, with refpeCl to each of them, (hall be had in the like Manner, and have the like Effect as if they were in adtual Con- finement at the Time of the palling of this Aft. Provided always^ That none of the Debtors herein particularly named, (hall be entitled to Relief from the prefent A£t, unlefs fo many of the Creditors, other than Mortgagees, whofe Debts (hall amount to two-third Parts of the whole Monies owing by fuch Debtor (Debts fecured by Mortgage gr Mortgages excepted) Ihall certify to fuch Judge ur This A 61 extend- ed to Perfons herein named) not in actual Confinement. Provifo. That two Thirds of the Credi- tors confent to thp fame. #. to the J count ofDilburfc ments, who are au thorifed fune. f 144 3 or Judges, their Confent, that fuch Debtor fltall have the Benefit of this A£l. nees to exhibit XI. And he it further enaSied ly the Authority "f ^" •*" ^c' 'tforefaid^ That the Affignee or Aflignees to be ap- ^" "" "•' pointed by Virtue of this Ad, may, as often as may to allow the ^ neceflary, exhibit to the Judge or Judges, v/ho ihall make fuch Appointment, his or their Accounts of all Diiburfements made by the faid Affignee or Affignees, in tranfafting the Bufinefs relative to the Eftate of fuch Infolvent Debtor or Debtors, and the faid Judge or Judges to whom fuch Account ihall be ^'* exhibited, is, and are hereby authorifed to allow the fame, and to make fuch further Allowances to the faid Affignee or Affignees, as the faid Judge or Judges may deenm reafonable, and fhall certify and tax for the Trouble and Time expended in the Bufinefs, relative to the Eftate of fuch Infolvent Debtor or Debtors? as it (hall be lawful for thefaic^ Affignee or Affignees to retain fuch Monies in, his or their Hands, before any Diviilon of fuch Debt- ■ , or's Eilate fhall be made as aforefaid. No Commiffary or XII. And he it further cnaHed hy the Authority Quarter-mafter, to be aforefaid^ That no Perfon who has been employed in difcharged, until he any public Department, and Quarter-mailer, Corn- proves a Seu'-cment of miffary, or Purchafer, either under the United States, lus public Accounts, ©r under this State, (hall be difcharged by Virtue of this A6t, unlefs he proves to the Satisfadion of the '<. . Judge or Judges, to whom he (hall apply for fuch his Difcharge, that his public Accounts are fettled. '.■_ The/e ASls afford to Infolvent Dehors^ an Afylum V ffom their Credit or Sy for they are dif charged upon a Three- Weeks News-paper, Notice t luithout any pof- • fhility of the difiant Creditors being h-ard. Tl As £ 8 \ I Th ■n : ■ v«,^ ' Vr The Anu tit \\ and taint profi the \\, r Hi i I lit V ii I "I !■ " The Perfons on whom the Burthen of the following Law refts, are thofe who re- fided in the fouthern Diftrift during the War, and prior to the i ft Day of March, 1783 ; including Britifli Merchants and others, who, on the Faith of the Defi- nitive Treaty of Peace, remained there- in after the Evacuation thereof by His Majcfty*s Troops. As thefe Perfons were difqualified from voting at Eledions for Reprefentatives without abjuring their lawful Sovereign, and fwearing Allegiance to the State, as directed ir. a Law, paffed the 26th March, 1 78 1, (Ante, Page 90.) it is highly improbable they Ihould have invited this enormous Tax, when the Perfons exempted from the Payment of any Part of it, crJy were reprefented. The Council of Revifion objed:ed to thi^ Law. — See Appendix, No. 4.'h»»>,^ «'r-!:< ■: tJ^'ift- i. -t-'i >K^ -s-*,U'';. ,,• - J. r-^ CHAP. LVIIf. ^r • A* AB for raijing £100 ^ooo» within the feveralCouit' ties therein mentioned, Paffed May the 6th, 1784. ' • WHEREAS the feveral Counties in the middle Preamble. Reciting Weftcrn and Eaftern Diftrifts of this State, that heavy Burthcno and a Part of the County of Wieftchefter have fuf- have been fuftained b-/ taincd many and heavy Bttrthens and Expences, in J*" °' *^* J***®' *" profecuiing the late War between thefe States and ^upport of the War. the King of Great-Britain. *^;^W -^^ ^.. . . i ■. ,4 - 1 ^1 ,,\ And And who ought to bear Part of Exnen- ccs. liA Akatv^ereas it is juft and equitable, that all wha participate in the Bleflings derived from the Freedom and Independence which this State now happily enjoys, (hould contribute iu the Burthens and £x- peDce whereby the fame was obtained. ..^f-- / ' jittJ whereas the Citizens of the Southern Diftrift of this State, imprefled with a juft Senfe of the 4 Exertions and Sufferings of their Brethren in the \ . other Diftridts, have by their Reprefentativcs de- clared their Readinefs to afford a Teftimonial of the '^ r, Senfe they have of the Exertions and Suffering afore- faid, and it being conceived by this Legiflature, /^lOOjOoo. deemed tbat, if the Sum of One Hundred Thoufand Pounds a Compenfation for (hould be raifed in the faid Southern Diflri£l, it would the Southern Diftri6t. be fuch a Compenfation to the other Diftridls as would prove fatisfadtory to the Citizens thereof, and i\ that no future Compenfation would be required from the Southern Diftridl : And it being the Inten-i tion of this Legiflature, that on all future Occafions where Burthens are to be borne by the Citizens of this State, each County ihall be charged with a , Proportion according to the relative Value pf fuch County to the Whole. Quota of different Counties in faid Dif- tridt. -;<• I. Be it etiaBed hy the People of the State of New^ Tork, reprefented in Senate and AJJemhly^ and it is hereby enabled hy the Authority of the fame^ That there Ihall be raifed within the City and County of New- York, the Counties of Suffolk, Kings, Queens, and Richmond, and that Part of Weftchefter County herein after defcribed, the Sum of One Hundred Thoufand Pounds ; that the Quota of the City and County of New- York of the faid Sum, Ihall be Fifty-fix Tboufand Pounds ; the Quota of the County of Suffolk, Ten Thoufand Pounds; the Quota of Kings County, Thirteen Thoufand Pounds; the Quota of Queens County, Fourteen Thoufand Pounds ; the Quota of the County of Richmond, Five Thoufand Pounds ; and the Quota of that Part of the County of Weftchcfler com- prifed in the Bounds of the Borough and Town of Weftchefler, the Townfhip of Eaft-Chefter, the Yonkers, Manor of Pelham, New-Rochelle, Ma- maroneck and Scarfedale, lliall be Two Thoufand Pounds. II* And »?';■ * ■ ) IB « II. And ie it furiher enaBed hy the Authority mforefaid^ That the Mayor, Recorder and Alder- iliien, of the City and County of New-York, or the major Part of them for the Time being, fhall meet and aflemble at the City-Hall of the faid City, within ten Days after the pafling of this A6t, and then and there ifllie their Warrants to the feveral Affeflbrs of the faid City and County, to take a true and exa£l Account of all the Eftates real and per- fonal of ail the Freeholders, Refidents and Inhabi- tants, within the feveral Wards of the faid ^' j and County (and liable to be aflefled by this A(ft) for which they at the Time of ifluing luch Warrants fliall be Afleflbr or Afleflbrs, and trae, equal, and impartial AflefTments to make, and at fuch Day to be therein prefixed, not more than fifteen Days after the Time of ifluing fuch Warrants, to the faid Mayor, Recorder and Aldermen, or the major Part of them to exhibit : And when the faid Afleflrnents fhall, by the faid Affeflbrs, be compleated, and a full Account of the fame, made and call up according to the pound Value of the Eflates of Perfons, by this Adt liabldHto he afltflTed, then the faid Mayor, Re- corder, and Aldermen, or the major Part of them, fhall iflue their Warrants to the feveral and refpec- tive ColleAors in the City and County (within fifteen Days after the Day on which fuch AflefTments to be laid by the AfTefTors of the refpedHve Wards as afore- laid fhall have been exhibited) to colled the Monies fo affefTed, and pay the fame from Time to Time to the Treafurer or this State, nevt. retaining ;n the Hands of any fuch ColleiSlor, more than the Sum of Five Hundred Pounds, and fo that the Whole of the Monies to be raifed in the faid City and County, be paid to the faid Treafurer of this State, on or before the firft Day of Auguft next. - >; ' -v - III. And he it furiher enabled hy the Authority aforefaid, That each of the AffefTors of the faid City and County of New- York, fhall, before he enters on the Performance of the Duties require of him by t\\\>>, Aft, take an Oath before the faid Mayor, Recorder, and Aldermen, or the major Part oi them, in the Words following, viz. « How an Account of Inhabicantik fiftaces to be taken. , -«^f' '*•'* *-^ Ta ■..V,.' «N^», "I "'•■ v.- When itid how tt he afTeilcd. 4'.'. ■ .■ '.' ,-*v •». AfTeflmcntft being made, how Warrants to be uTueil to CoUec* tors, and Monies col- leacd. . .^rr. examine tbem on Oath relative to Ferfonal Property. C'v'vV On Refufal to appear, fuch Perfcns to forfeit 5I. for each Offence. %ii^ ,;,' .:»jK-:v..--v-.r '.'•#'? No Perfon to be queftioned concerning his own Property, 5,11' .i-.t^''. f^,«^'ifi^w/-V^ fach Parts of this or any other of the United St«t«, not in the Power or Poireffion of rhe laid Troopi, ftiall be exempted from paying any Part of the Rate impofed in and by this A«5t. That it fliall and may be lawful to and for the Airefforsi and they are here- by required to omit the Names of fuch Perfons re- fpe•'■ V. [ is« 3 XXVI. And he it further ena^ei hy the Authority L«nd« vefted in tht mforefatd^ That any Lands vefted in the People of State, not to be taxed, this Stare, a» Sovereign thereof, Ihall not be fub- • » • jedl to be rated by Virtue of this A£t. i.e.the forfeited Land* CHAP. XVI. :ri. AnAR tocomptl the Payment of the Arrears of Taxes, for enforcing the Payment of Fines and Amerciaments, obliging Sheriffs to give Security for the due Execution of their Offices, and for other Purpofes, Pafled November 26th, 1784, %X ^. .'J'j«v,, ''■'<•'. *■ ^ )■ « WHEREAS it has been reprefented to the Le- Preamble, refpeft. giflature, that the Tax directed to be raifed ing the j(^ioojOO0, by Virtue of the Aft, entitled, *• An Afk for raif- Tax. ing ;f 100,000. within the feveral Counties therein mentioned," pafled the 6th of May, 1784, has not been raifed and coUeded ; and that in fome of the * '' •' Towns, Manors, Diftrifts, Precinfts, and Wards, ; r*' no Afleflments have been made within the Time ' "^ directed, and in others, the AiTefTments have been made without the Afleffors having been previoully qualified; and Doubts have arifen whether the faid Tax can be collected without further legiflative Pro- vifion; - . . *;> ■ I. Be it therefore enabled hy the People of the State Duty of Afleflbn of New- York, reprefented in Senate andAffemhly, and where Aflefllnents it is herehy enabled hy the Authority of the fame. That have not been made or the Afleffors of the refpeftive Diftrids, Towns, completed. Manors, Precinfts, and Wards, in the feveral Coun- • ties wherein the faid Tax was directed to be r^^ifed, who have not made or completed the Affeffments, as directed by the faid A£t, ihall, with all poflible Difpatch, after the pafling of this Aft, make and completv- the fame in the Manner in and by the faid Aft required ; and that each Affeffor, if he hath not taken the following Oath, (hall, before he proceeds \" on the Execution of his Office, take and fublcribe, •' before a Juftice of the Peace of the County wherein he •*' ._,•> . ;. . I ■■■•> ^^Itmwiif^S'Sv^f'^^^^T^vm- Affefor'«0;tii, Provifo. [ 152 ] lie fefides, and who is fterety required to admihifter the fame, an Oath prefcribed in and hy the fixth Claufe oif an Ad for increaling the Number of Af* feflbrs throughout this State, palTed the 1 2th of May, 1778, and which C .h is :n the Words following, viz. ** I an Afleflbr, eleflied for do folemnly and fincerely fwear and declare, in the Prefence of Almighty God, that I will honeftly and impartially aiTefs the feveral Perfonp and Eltates within the And that in making fuch Afleff- ments, I will, to the beft of my Knowledge and Judgment, obferve the Directions of the feveral Laws of this State, requiring and directing oach rcfpeftive Afleflment to be made. So help me God." Provitkd, That if any Afleflbr fhall be of the People called Quakers, before he enters upon the Duties of his Office, he ftiall take a like Aflirmation, inilead of the Oath aforefaid. Certain AflefTments IV, And he it further enaBedhythe Authority effort- and Colleftioi)-. deem- faid^ That the Afleflinents which have been made ed valid. jn purfusnce of the aforefaid Ad, and the Tax, or any Part thv^reof which h&.s been coileded in "ur- fuance of the faid Ad, are hereby declared to be valid and effedual, notvvithftanding the AflelTors, at the Time of making fuch Aflefltnent, had not taken the Oath or Affirmation by Law prefcribed. Preamble. And whereas the Time limited in and by the aforefaid Ad, for the Payment of the firil Moiety of the Monies thereby direded to be raifed. is elapfed ; When tHs Tax to V. Be it therefore cnaHcd ly the Authority aforefaid^ l»e paid in State Trca- That the firft Moiety of the faid Tax fliall be paid ^ury* into the Treafury ot this State, on or before the firll Day of March next ; and the other Moiety thereof, on or before the firft Day of Odober next. Certain Perfons dif- VL And he it further enauied ly the Authority afore- charged from Suits, faid^ That jofhua Pine, George Biggs, ar-i £den iic, however frievouf- Hunt, AflefTors of the Borough and Town of Weft- ly they may have af- cheftcr, who afTefled the Sum apportioned to the leiied particular and faid Ou«.uxious Perfons. ( >53 ] faid Borough and Town, purfuant to the Aft fof taifing ;f 100,000. within the feverai Counties therein mentioned, according to the Diredtiori of the faid Ad, (Iiall be, and are hereby^ declared to be dif- chargcd from Suits commenced againft them refpec- tively, for the Pcaahy of Twenty-five Pounds, aa having been incurred by them refpeftively, for hav- ing neglefted to ake the Oath of an Afleflbr, as prefcribed by the Aft, entitled, ** An Aft for in- creafing the Number of Affeffors throughout this State ; and that the Attorney-General of this State fhall enter Difcontinuances in the faid feverai Suits, and not further p^^ofecute the fame. VII, Ani he it further enaSied ly the Authority (Uforefaldy That no Writ of Certiorari, already iflued to remove the Proceedings of any Juflice of the Peace, who may have given Judgment in Favour of Any CoUeftor, againft any Pvvrfon or Perfons, for tieglefting or refufing to pay the Tax affefled on him, her, or them, by Virtue of the faid Aft, entitled, ** An Aft for raifing;^ 100,000. within the feverai Counties therein mentioned," fljiall ftay and fuperfede the Execution thereon } and that no Writ of Certiorari fliall be hereafter allowed to remove the Proceedings of an}' Juflice of the Peace, whd ihall give Judgment in Favour of any Colleftorj againft any Perfon or Perfons who fhall ncgleft ot refufe to pay the Tax affefled on him, her, or them, by Virtue of the Aft aforefaid, or by Virtue of any of the Afts herein after mentioned, to compel the payment of the Arrearage of Taxes therein fpeci- )Sed J any Law to the Contrary notwithftanding. No Writs of Cer- tiorari already ilTuetl, to remove certain Pro- ceedings to ftay Exe- cution thereon, nor Ihall fuch Writs here- after be allowed to re- move fuch Proceed- ings. TTje folh'wing AH gives Relief to Ferfons imfroferly thxed, pro'vided they pro've to the SatisfaSiion of the Super'vifors, &c. that they are not nvithin the Defiription tj Perfons liable te be taxed by the preceding Adt. u. CHAP, •I r 154 r CHAP. LXXV, f VI Ah A^ for the Rellej^ of Perfons imfroferly taxed, Paflcd 20th of April, 1785. Any Pctfon m.kins J, n E // etuSrd h lit P topic of the SlaU of New- Aft herein mentioned, *' " "^^'^"'^ enaiied by the Authority of thefame^ That how he is to be re- where any Pcrfon Ihall have been taxed by Virtue of lievcd. - the A6t, entitled, *' An Adt for raifing^^]' 100,000. within the feveral Counties therein mentioned," ' , '• paffed the fixth Day of May, One Thoufand .Seven Hundred and Eighty four, who is not within the • Defcription of Perfons to be taxed by the faid Law, (hall make Proof thereof to the Satisfaftion of the ' j, Supervifors of the County where fuch Perfon iei taxed, at any future Meeting; the Supervifors in fuch Cafe, fliall allow fuch Tax as a neceflary and contingent Expence of the County, and charge the fame to the Town, Manor, Diltrift, or Precindl-, where fuch Tax was laid and colledcd; and the Treafurer of the County fliall pay the Sum fo collec- "^ ted to fuch Perfon fo taxed as aforcf.iid, upon the Oath of the Supervifors for that Purpofe, together with the Intereli for the fame, from the Time of colkding the faid Ta?c ; that in the City of New- York, where any Perfon (hall make Proof to the Satisfaction of the Mayor, Aidermen and Common- alty in Common Council convened, of his being taxed by Virtue of the fujd Law, they ihall allow and charge fuch Tax as a neceflary and contingent Expence of the City, to be aflelfed and collected with the next Tax whi^ >fliall thereafter be laid in the City, and laid and alfefled upon the Perfons of the Defcription mentioned in the fiud A£t above-men- tioned, as Objefts thereof, a' id refiding in the Ward in which the Perfon fo taxed refided; and whea coUeded, fliall be paid to the Chamberlain of the faid City, and the faid Chamberlain fliall, by Orfler , from the Mayor, Aldermen, and Commonalty of the faid City in Common Council convened, pay out of the Monies to arife by fuch Tax untp fuch Perfon, the Sum at which he was taxed, and which was collected tVom him. together with the Inteieti: of * the t 155 ] of the fame, from the Time it was received by the Collcaor. Provided ahvaysy That in Cafe any Perfon who (hall conceive himfelf not within the Defcription of Perfons liable to be taxed as aforefaid, (hould be de- firous nf having^ a Jury to invcftijtjatc the Fafts fug- gelled by him, it fliall be lawful for the Supervifors, or the Mayor, Aldermen, and Commonalty refpec- tively, as aforefaid, on the Application ot the faid Perfon, to iffue a Precept to the Sheriff of the City and County in which the Perfon fo taxed may relide, commanding him to fummon twelve Freemen or Freeholders of the City or County aforefaid, to enquire into the Fadla luggefted by the Perfon fo taxed as aforefaid, at a Day and Place in the fame mentioned. And the faid Sheriff having fummoned the fame, fhall proceed with the faid Perfons, to enquire into the Fads fuggefted by the Perfon fo taxed, and (hall report the Fa(5t8 fo found by them, under their Hands, to the Supervifors, and Mayor, or Aldermen, and Commonalty aforefaid; and the faid Supervifors and Mayor Aldermen and Com- monalty refpeftively, fhall determine upon the Fa6ta reported to them, whether the faid Perfon was withiix the Defcription of Perfons liable to be taxed or not as aforefaid ; and in Cafe he was not, they fhall pro- ceed to give him Relief in Manner aforefaid. And in Cafe the Perfon fo fummoned, fhall not attend at the Time and Place appointed in the Precept afore- faid, the Sheriff may fummon them to attend at fome other Day and Place, giving the Perfon fo taxed two Days Notice of the fame ; and the fame Fees fliall be allowed to the Sheriff and Jurors for the Bufinefs done in Compliance with this A61, as they are allowed on other civil Inquefts, and (hall be paid by the Party who applied for the Inqueft, in Cafe he fhould be within the Defcription of Perfons liable to be taxed by the Law before-mentioned, to be re- covered by the Sheriff who attended the Inquefl, ia any Court of Record having Cognizance ot the fame; and in Cafe he fliould not be within the Defcription of Perfons liable to be taxed as aforefaid, then the Cofts fhall be paid by him, and he (hall have the fame Relief from the Supervifors and Mayor, Al- dermen and Commonalty, as is provided refpedling the Tax fo paid by him as aforefaid. U 2 Provilb^ i: '^■' ■:•! 1'^ s; J*«: 1 I ■>>-li^^ /. -■'^:>f ^, 'w^,^ • ;'*i A, ^--^ ' -A- ■ V- ' .,« ■ :■■■ li ^i-: .A* *■) 1 » ji- fv ' u " t, *■ i .-.'^ // i I XV . f i "■■->v , -- '■ ■ .-. ' . ' I «57 ] THE DEFINITIVE TREATY O F PEACE AND FRIENDSHIP, '■'h .! . ; y 9 IT WE Eir ■''''''" \< His Britannic Majesty, and the ..-) JUnited States of America. Signed at Paris, the 3d of September, 1783. t .^ ;.,-., j.=ti:;.i)jL^.; !-,.,/!•: jai'"*s.';t In thg Name of the Moji Holy and Undivided Trinity, * , . XT having pleafed the Divine Providence to clifpofe the Hearts of the Moft Serene and Moft Potent Prince George the Third, by the Grace of God, King of Great Sritatjif France, and Ireland, Defender ofthe Faith, Duke of Brunftuick and Lunenburgby Arch- Treafurer and Prince Elettor ofthe Holy Roman Em- pire, &c. and ofthe United States o( j^merica, "to for- get all paft Mifunderflandings and Differences that have unhappily interrupted the good Currefpondence and Friendihip which they mutually wi(h to reftore ; and to ellablini fuch a beneficial and fatisfaftory Inter- courfe between the Two Countries, upon the Ground of reciprocal Advantages and mutual Convenience, as may promote and fecure to both perpetual Peace and Harmony ; and having for this defirable End already laid the Foundation of Peace and Recon- ciliation, by the FroTifional Articles figned at Paris, • - on - ,>r' (i; y\ JV"' ^ '/ on the 30th of November ^ 1782, by the Commi0ion- cr$ cmpmvcred on each Part ; which Articles were agreed to be inferted in, and to conftitnte the 'J'reaty of Peace, propofed to be concluded be- tween the Crown of Great Britain and the faid United States^ but which Treaty wrs not to be con- cluded until Terms of Peace (hould be agreed upon between Great Britain and France^ and his Britannic Majefty ihould be ready to conclude fuch Treaty ac- cordingly J and the Treaty between Great Britain and France having fincc been concluded, his Britannic Majefty and the United States of America^ in ordef to carry into full Effect the Provilional Articles above- mentioned, according to the Tenor thereof; have conftitutcd and appointed, that is to fay, his Britannic Majefty, on his Part, Davut Hartley^ Efq; Fvlember o^ the Parliaineni of Great Britain ; and the faid United States^ on their Part, John A'lams^ Elq; late a Commiflioncr of the United States oi America at the Court of Fcr failles^ late Delegate in Congrefs from the State of MaJTachufets^ and Chief Juftice of the faid State, and Miniftcr Plenipotentiary of the faid United States to their High Mightineiles the State* General of the United Netherlands ; Benjamin Frank' tin, Efq; late Delegate in Congrefs from the State of Penjylvania^ Prefiaent of the Convention of the faid State, and Minifter Plenipotentiary from the United States of America at the Court of Ferfailla ; John fay^ Efq; late Prefident of Congrefs, and Chief [uftice or the State of ^^w Tork^ and Minifter Menipotentiary from the faid United States at the Court of Madrid ; to be the Plenipotentiaries for the concluding and iigning the prefent Definitive Treaty : Who, after having reciprocally communicated their refpeftire Full Powers, have agreed upon and cou» firmed the following Articles : ARTICLE I. His Britannic Majefty acknowledges the faid United States^ viz. Nevj HampJJnre^ Majfachufets Bay^ Rhode j^katd and Providence Plantatitms^ ConneSticut, New Torky NcM Jerfe^y Pennfylvania, Delaware^ Mary- ktndt Firginiaf North Caroiiaaf South Carolina^ and ♦ •;'v ■■ .'-- --"i;- -• -^^ - - . Georgia^ v,-4 .(!■, { '59 ] Oeorgta^ States : to be Free, Sovereign, and Independent that he treats with them as fuch ; and for Himfeif, his Heirs and Succeflbrs, relinquifhes all Claims to the Government, Propriety, and Territorial Rights of the fame, and every Part thereof. ARTICLE II. And that all Difputes which might arife in future on the Subjeft of the Boundaries of the faid United States may be prevented, it is hereby agreed and dv.clared, that the following are and fhall be their Boundaries, viz. From the North-Weft Angle of Nova Scotiay viz. that Angle which is formed by a Line drawn due North* from the Source of Saint Croix River to the Highlands, along the faid High- lands which divide thofe Rivers that empty themfelves into the River St. Lawrence^ from thofe which fall into the ^///^-. ■| // 1 y * M r, ' t l60 ] determination of the Line laft-mentionecl, ih ttid Latitude of Thirty-one Degrees North of thd Equatof, to the Middle of the River Apalachicola or Catahoucht ; thence along the Middle thereof to its Junflion with the Flint River ; thence ftrait to th.j • ^ / - ARTICLE III. It is agreed. That the People of the United States ihall continue to enjoy unmolefled, the Right to take Fi(h of every Kind on the Grand Bank, and on all the other Banks of Nenvfoundland: Alfo in the Gulph of St, Lawrence^ and at all other Places in the Sea, where the Inhabitants of both Countries ufed at any Time heretofore to Fifli. And alfo, that the Inha- bitants of the United States (hall have Liberty to take Fifti of every Kind on fuch Part of the Coaft of Newfoundland^ ac Britijh Fiflierman fhall ufe, (but liot to dry or cure the fame on that Ifland) and alfo on the Coafls, Bays and Creeks of all other of His JBritannie Majefty's Dominions in America ; and that the American Fifliermen fhall have Liberty to dry and cure Fi(h in any of the unfettied Bays, Harbours, and Creeks of Nova Scotia^ Magdalen JJlandsy and Lahra' doTy fo long as the fame fhall remain unfettied ; but lb foon as the fame, or either of them, fhall be fettled. It ^m. .:■*({ :...'y It (hall not be lawful for the faid FKhermen to dry ot cure Fifh at fuch Settlement, without a previous Agrcetient for that Purpofe with the Inhabitaatf^ Pijprlecors, or Pofleflbrs of the Ground. .^li K^v- ARTICLE IV. It is agreed, That Creditoru on either Side fliall meet with no lawful Impediment to the Recovery of the full Value in Sterling Money of all bona fide Debts heretofore contraded. Vat/ ARTICLE V. It is agreed, That the Cohgrefs ftall earneftly re- commend it to the Legiflatures of the i-eft)e6tive States, to provide for the Reftiiution of all Eftates, Rights, and Properties which have been confifcatedj belonging to real Britljh Subjedls : and alfo oi the Eftates, Rights, and Properties of Perfons refidcnc in Diftrids in the Pofleffion of His Majefty's Arms, and who have not borne Arms againft the faid United States : and that Perfons of any other Defcrlption ihall have fr^e Liberty to go to any Part or Parts of any pf .the Thirteen United States, and therein to re- main Twelve Montbs. unmolefted in their Endeavours to obtain the Reftitution of fuch of their Eftates^ Rights, and Properties as may have been confifcated : and that Congrefs (hall alfo earneftly recommend to the feveral States, a R^^lilplnfideration and Revifion of A£ts or Laws perfeftly eonfiftent, not only with Juf- tlce and Equity, but with that Spirit of Conciliation, which, on the Return of the Bleflings of Peace, Ihould univerfally prevail. And that Congrefs ftiall alfo earneftly recommend to the feveral States, that the Eftates, Rights, and Properties of fuch laft-men- tioned Perfons (hall be reftored to them, they refund- ing to any Perfons who may be now in Po(reflion the hona fide Price (where any has been given) which fuch Perfons niay have paid on purchaiing any of the faid Lands, Rights, or Properties (ince the Confifca* tion. ill I I lli I, i] i I X And *:: [ i6a ] And it 18 agreed, That all Perfons who have any Intcreft in confifcated Lands, cither by Dcbti, M«f- riige Settlements, or othnwife, (hall meet with no lawful Impediment in the Profecution of their juft "Rights, - ■ ARTICLE VI. That there fhall be no futtve Confifcationa made, nor any Profecutions commenced againft any Perfon or Perfons, for c: by Reafon of the Part which he or they may have taken in the prefent War ; and that no Perfon (hall, on that >^ccount, fuffer any future Lofs or Damage, either in his Perfon, Liberty, or Property ; and that thofe who may be in Confine- inent on fuph Charges, at the Time of the Ratifica- tion of the Treaty in Amcricay (hall be iipmediately fet at Liberty, and the Profecutions fo commenced be difcontinued, ... i A R T T C L E VII. There (hall be a firm and perpetual Peace between His Britannic Majefty and the faid States, and be- tween the Subjects of the one, and the Citizens of the other, wherefore all Hoftilities, both by Sea and Land, (hall from henceforth ceafe ; all Prifoners on both Sides fliall be fet at Liberty, and His Britannic Majeily fhall, with all convenient Speed, and without caufing any Deftruftion, or carrying away any Ne- groes, or other Property oi xhe American Inhabitants, withdraw all his Armies, Garrifons, and Fleets from the faid United States^ and from every Port, Place, and Harbour within the fame; leaving in all Fortifications the American Artillery that may be therein : and (hall alfo Order, and caufe all Archives, Records, Deeds and Papers belonging to any of the faid States, or their Citizen^, which in the Courfe of the War may have fallen into the Hands of his Officers, to be forth- with reftored and delivered to the proper States and Perfons to whom they belong. ^ ARTICLE [ '63 J i ARTICLE Vlir. The Navigation of the River MlfflJJippi^ f jm itt Source to the Ocean, (hall for ^ver remain irce and open to the Subjects of Great Britain^ and the Citi- zens of the United States* • . - . A R T I C L E IX. i ■ In Cafe it (hould fo happen that any Place or Ter- ritory belonging to Great Britain^ or to the United Statesy fliould have been conquered by the Arms of cither, from the other, before the Arrival of the faid Provifional Articles in America^ it is agreed that the fame (hall be redored without Difficulty, and without requiring any Compeufation. A R T I C L E X. The folemn Ratifications of the prefent Treaty, expedited in good and due Form, (hall be exchanged between the contradting Parties in the Space of Six Months, or fooner, if poffible, to be computed from the Day of the Signature of the prefent Treaty. In Witnefs whereof, we, the underligned, their Minifters Plenipotentiary, hare in their Name, and in Virtue of our Full Powers, ligned with our Hands the prefent Definitive Treaty, and caufed the Seals of our Arms to be affixed thereto. Done at Paris, this Third Day of Septemher, in the Year of our Lord, One Thoufand Seven Hundred and Eighty-three. / 1 (L.S.) D. Hartley. (L.S.) John Adams. (L.S.) B. Franklik. (L.S.) John Jay. X 2 ■A I- i! M a: - , '.'"■■N& >|w;.^.. 1 i ,(., ■?■;.. ,1 »*• -, i . •— ■■. Vl,:u,'r,- ( , ,i',. .(.■,.> ■'"'.»' 'fT** ';»■.••' I i3. ,^.,. i. :1-Hf'- :(-■ ■ X V/'^ 's-sr .fv'-i \ri'L : ^':-.''--;!i ^ >'«?>: - ^■' ■ » i*. . i .-»<) i„ yi -f ' fn^?^^-' m ■r* 1*4" ?.1 1^" •'•■Mfl^.,.-- ■'.;' t 165 ^ ^u •T ^ A- APPENDIX, No. 1. P 1^ ♦n ^ ,» Extrafts from the "Journal of the Senate ^ of the State of New Tbrk" Page 14. 1^ " Friday Morning, January 30, 178^. ** The Senate met purfuant to Adjournment. >» ^' A MeiTage from his Excellency the Governor wai jreceiyed, and read in the Words foUoyving, v/x. - ■^''■■* ■■ ■ • ■•■•''' -^:. ' * -i'-. V,-. ■.-•-''■ - . ^'* T T is with Pleafure I embrace the earlieft Op- X portunity of laying before you, a Proclama- tion of the United States in Congrefs afTembled, under their Seal, dated 14th Day of Jantfory In- flant, announcing the Ratification of the Definitive Articles of Peace and Friendfhip, between thefe States and his Britannic Majefty, and enjoining a due Obfervance thereof, ... - , ** I alfo fubmit to your Conlideration the Re- commendation of the United States in Congrefs alfembled, in Conformity to the faid Anicles con- tained in their Refolution of ihe faid 14th of January Inftant. New York GEO. CLINTON." 30th January^ 1784. i ■> r ...>' 'V •i : " Th« -:^ '■'*■»«<*.■■■. ' £ i66 3 •* The Proclamation and Recommendation ac- companying his Excellency's MelTage were alfa Teae.." r *« Orierei^ That his Excellency's MeiTagc be •ommitted to a Committee or the whole." «* Saturday Morning, March 27th ijr 84, ** The Senate met purfuant to Adjournment."— Page 71. " Refolved^ That this Senate will on Monday Morning next, refolve itfelf into a Committee of the whole, on his Excellency the Governor's Mef- fage of the 30th oi January lafV, accompanying th^ Ratification of the Definitive A^'ticks of Peace »** *• Monday Morning, March 29th, i'/84 '* The Senate met purfuant to Adjournment. u •* The Senate* according fo Order, Refolved itfelf 5nto a Committee of the whole, on his Excellencjr the Governor's Mtflage of the 30th of Jaunary laft, accompanying the Ratification of the Definitive Ar- ticles of Peace, and the Recotnmendarion of Con- grefs of the 14th oi January laft, purfuant to the ah Article of the faia Definitive Articles ; after fome Time fpent thereon, the Prelident refumcd the Chair, and Mr, Oouthoudt^ from the Committee, reported. That they had made fome Piogrefs therein, and that be was directed by the Committee, to move for Leave fo fit again." n «< Ordered^ That Leave be given accordingly." •i ?^/5i^<^ Morning, ilf^irc^ 30th, 1784. «* The Senate met purfuant to Adjournment,"-^ Page 75. ** On the Report of the Committee of the whole, to whom were referred his Excellency the Gover^i nor*i C 16; ] nor''s Meffage of the 30th of January laft, accom* * f anying the Ratificatioa of the Definitive Articlcf of Peace, and the Recommendation of Congi Js of the 14th of January laft, purfuant to the Fifth Ar- ticle of the faid Definitive Articles." I- J' ** Refolded (if the Honorable Houfe of Aflembly concur herein), That it appears lo this Legiflature, that in the Progrefs of the late V/ar, the Adherents of the King of Great Britain^ iuftead of being re- iiiained to fair and mitigated HoUilities, which are only permitted by the Laws of Nat:ons, have cruelly maflacred without Regard to Age or Sex, many of our Citizens, and wantonly defohted, and laid Wdfie, a great Part of this State, hy burni:!<^ not only fingle Houfes and other Buildings in m:.':/ Parts of this State, but even whole Towns and Villages, and de- ftroying other Property throughout a great Extent of Country, and in iinterprizes which had nothing buc Vengeance for their Objeft. *' And that in confequence of fuch unwarrantable Operations, great Numbers of the Citizens of this State have, from affluent Circumftanttes, been reduced to Poverty and Diftrefs." ** Refolvedy That it appears to this Legiflature, that Clivers ot the Inhabitants! of this State have con- tinued to adhere to the King of Great Britain, after thefe States were declared Free and Independent ; and perfevered in aiding the faid King, his Fleets and' Armies, to fubjugate thefe United States to Bon- dage. *' Refolved^ That as on the one Hand the Rules of Juftice do not require^ foon the other, the public Tramjuility will not permit, that fuch Adherents, who have been attainted, fhould be reftored to the Rights of Citizenfliip. «' And that there can be no Reafon for reftoring Property, which has been confifcated or forfeited, the more eijjecially as no Compenfation is offered, on the Purt of the faid King, and his Adherents, for ths Da- mages w ''■ii' r- 1 I i68 3 mages fuftameJ by this State aud its Citizens, froflA the Dcfolation aforefaid.'* «* Refohved therefore^ That while this Legillati're entertain the higheft Senfe of national Honor, of the Sanation of Treaties, and of the Defere. -e which ii due to the Advice of the United States in Congrefs aflembled, they find it inconfiftentwith their Duty to comply with the Recommendation of the faid Uniud States, on the fubjeit Matter of the Fifth Article of the faid Definitive Treaty of Peace." «* Ordered^ " That Mr. Schuyler carry a Copy of the preceding RefolutiGn co tl;e Honorable the Houfe ofAflembly." «( Re^ rccc the I the I and I A LI Go(l " JV/^Aiy Morning, April i^ 1784. ** The Senate met puifuant to Adjournment."— Page 81. «* A Meffage from the Honorable the Houfe of Aflembly (by Mr. Gar don and Mr. Lott) was re- ceived with a Refolution of the Concurrence of that Honorable Houfe, to the Refolution* of the Senater of the 30lh March \i'> , on the Report of the Com- mittee to whom wctv* referred his Exc«llency the Governor's Meffage of the 30th of Januikry lalt." ** Ihurfday Morning, April 15th, 1784.— Page 98* «* The Senate met purfuant to Adjournment, " Ordered^ ** That Mr. Svi^arfwoui and Mr, Allifon^ wait upffh his Excellency the Governor, with %, Copy of the concur, jnt Refolutions of the 30th and 31ft Alarch laft, on the Recommemlaiion of, Congrefs on the Definitive Articles of Peace, and requeft him to tranfmit the fame to Congrefs," '* Wednefd49, t >69 ] *'* ffiJtie/Jay MoTaiDgt May 12th, 1781.— Page I45»' «* The Senate met purfoant to Adjournment. , ** A Meflagefrom the Honorable the Council of ftevifion (delivered by Mr. Chief Juftice Morr'n) wai received and read, That the Council ohjeft againft the Bills entitled, * An Ad for the fpeedy Sale of the confifcated and forfeited Eflates within this State, and ifor other Purpofes therein-mentioned,' becoming Ante, Page 43, i Law of this State, as incoiifillent with the Public Good: Firft, <* Becaufe the Reafons fet forth in their Ob- j'eftions againft the Bill, entirled, * An A61 to en- courage the Settlement of the Wafte and unappro- priated Lands within this State,* delivered to the Honorable the Aflembly the loth Inftant, and to which the Council tcitv with equal Force againfl the prefent Bill. Secondly, ^* Becaiife by the fald Bill, the Com- miffionerH for the Sale ot the faid Land^, give no Security for the great Property that ihuft come into their Hands ; and in Cafe of theit, or any of their Mifcondud, the State will be without a Remedy, *• The Objections referred to by the Honorable the Council of Revition, as delivered to the Honor- able the Houfe of Aflentibly the loth Inftant, are in the Wctds following, rjiz. " The Council objed to that Part of the Fifth enacting Claufe of the Bill, entitled, ♦ An Aft to encourage the Settlement of the Wafte and unappro- priated Lands within this State,* by which Certifi- cates, iflTued by the Continental Loan Officer in thi» Stdte, for Monies lent to the United States, by the Inhabitants of this State, reduced to their Value iri Specie, by the Continental Scale of Depreciation, are made receivable by this State, fot the laid Wafte and unappropriated Lands.'* I i rirft, t 170 1 Fir(T, ** Becaufe the faid Certificates are the pro- per Debt of the UnUed States, and not of this State only; and it is inconfiftent with the public Good and public Faith, that the Legillature (hould, by t-aw, barter away the public Property of this State, for the Payment of the Debts of the United States, until the Debts of this State are fully and perfe£lly dif- charged. Secondly, ** Becaufe receiving fuch Certificates as aforefaid, may interfere with the Arrangements of the United States, for difcharging the public Debts. Thirdly, *' Becaufe the receiving the fsid Certifi- cates, will open a Door to frefti Frauds, and give a certain Difguife and Covering to paft ones, which will render their Detection altogether impoflible, until the Accounts of the refpe6tive States with the United States are fettled ; and though the Legiflatuie may entertain th? highell: Opinion of the Uprightnefs or the public Sc:rvants of Congrefs., they can never be julHhed by their Conftituents, in palling Laws that hold up to fuch Servants, the higheft Temptations to depart from their Integrity, and give them the Security, that fuch Fraud, if ever difcovered, will be when their Reprcfentatives only can anfwer for it." re «( The Senate having confidered the faid Objec- tions n( the Honorable the Council of Revifion to the faid Bill, and having reconfidered the Bill, the Prelidcnt put the QuelHon, whether the faid Bill (notwith (landing the Objeftions of the Council to the fam(\^ (hould be a Law of this State, and it paiTed in the Affirmative." *' Thereupon Refolwd, That the Bill (notwith- Handing the Objections of the Council of Revifion to the fame) be a Law of this State." ** Ortkredy That Mr. Octhoudt carry the Bill, nith a Copy of the preceding Kefolution io tiie Ho- norable the Houfe of Allcmbly." ** A Mel- [ '71 ] " A McfTdge from the Honorable the Houfe of Akfembly (by Mr. R. Harper, and Mr. Lott) wa» received, returning the faid Bill, with a Copy of the following Refolution, viz» « Refolved, That this Bill, entitled, * An A61 for the fpeedy Sale of the confifcated and forfeited Eftates within this State, and for other Purpofef therein mentioned,' (notwithftanding the ObjedUons of the Council of Revifion to the fame) be a Law of ' this State." APPENDIX, Nq. 2. Extraft from the Jovirnal of the Affembly of the State of iicvj'Tork, Page i66. ** Wednefday, Nineo'Clock, A.M.il% 12, 1784. ** A M^^g^ iravci the Honorable the Council of jl\ Revilion, was delivered by Mr. Chief Juftice Marr'Sy that he was directed by the Council to deli- ver to this Houfe the Bill, entitled, An AB' ' '^refervc the Freedom and Independence of thiS State, , other Purpo/es therein mentioned, with a Copy Us, Ob- jedions of the Council to the fame. The faid Objeftions being read, are in the Worda following, viz, ** The Council object to the Bill.'* Firft, * Becaufe, by the Firft enadling Claufe, the voluntarily remaining with the Fleets and Armies of the King of Great Britain, is made an Offence highly {>enal; Whereas by the known Laws of all Nations, 'erfons who remain with their Pofleflions when the Country is over-run by a conquering Army, are a? lealT: excufed, if not juftifiedj and fhould our Laws Yz k^ Ante, Page 133. be made to retrofpeft in a Manner fo dirof^ly coi^* trary to the received Opinions of all civilized Na- tions, and even the known Principles of common Juftice, it will be highly derogatory to the Honor o( the Slate, and fill the Minds of 6ur fellow Citizens with the Apprehenfion of fufFerinjj in future fome heavy PuniHiment for that Conduct which at prefent is perfe6tly innocent. — Befides, was this Bill free from the Objections which lye againft all retrofpcc- tive and ex tojl faHo Laws, the inconveniences which muft unavoidably follow, (hould it become a Law o^ this State, are fully fufficient to fliew that it is totally inconfifterit \yith the public Good ; for fo large a Proportion of the Citizens remained in thff Parts of the Southern Diflrift which wtr^ poflefled by the Britijb Armies, that in moft places it would be diffi- cult, and in many abfolutely impoffible, to find Men to fill the neceflTary Offices, even' for conducting Elec- tions, until a New fet of Inhabitants could be pro- cured. ^ Secondly, * Becaufe the Perfons within the feveral Defcriptions of Offences enumerated in the Firft en- afting Claufe, cannot be adjudged Guilty of Mifpri- fion of Treafon, but on ConvitSlion ; and fuch Con- viction cannot be had but on a Profecution to be commenced, in th?; Courfc of ^hich it will he necef- fary to ftie\y, that the Defendant comes within one or other of the Defcriptions in the faid Claufe. iThis muft be a Profecution, by Reafon of the Part the Defendant may have taken during the War, dire£tly in the Face of the Sixth Article of the Definitive Tredty, by which it is ftipulated, ** That no future Profecutions (hall be commenced againft any Perfon or Perfons, tor, or by Reafon ot the Part which he or they may have taken in the War, and that no Perfon fhall on that Accouut fufFer any future Lofs or Damages, euher_ in his i'erfon, Liberty, or Pro- perty." Thirdly, * Becaufe by the Second enaaicg Claufe of the faid Bill, the In|pet%r3 and Superintcndants of the Election are conftituted a Court, they being by the faid Bill expicfsly authorifed to enquire into, and determac the feveral Matters in the Firft enaCt- injr con* Na-' i »73 7 ing Claufe j and their Judgment is conclufivc to dif^ francfcife:. This rs inftityting a- New Court, whicK docs not proceed according to the Courfe of the Com- mon Ljuv, and i» exprcftly againft the Forty -firft Scftion of the Conftitution.* .v > " The faid Objections having been read and con- iidered, and the faid Bill reconlidered." " Mr, Speaker put the Queftion, whether the Bill, notwithfianding the Objections of the Honora- ble the Council of Reviiion to the fame, ihall be a Law of this State, and it was carried in the Affirma- tive by more than two Thirds of the Members prc- fcnt." ; v . ** Thereupon Refolvcd^ That the faid Bill, nor- withftanding the Objections of the Honorable the Councirof Revifion to the fame, be a Law of this State.'* . ... ..... " Orderedj That Mr. R. Harper and Mr. lo//, deliver the faid Bill and Copy of Objections, and a ipopy of the laft preceding Kefolution to the Ho- norable the Senate." *• A Copy cff ft Refolution of the Honorable the Senate, delivered by Mr. Parh^ endorfed on the [feill therein mentiQticd, was read, and is in the Words following, vi%, ■■■''*-■ " Refolved, That the Bill, entitled, jin AH to preferve the Freedom and Independence of this State^ and for other Purpofes therein mentioned^ notwithftand-' ing the Objections of iiie Honorable the Council of tevifion to the fame, be a ^*aw oi this Srate." APPENDIX. C X74 ] Ante, Page 133. APPENDIX. No. 3. Extra*^: from the Journal of the AflTembly of the State of New Tork^ Page 85. <* Saturday, Ten ©'Clock, A. M. March 1 ith, 1785. " A ^jf^'f^^g^ ^fo'" t^e Honorable the Council xV of Revifion, was alfo delivered by the Ho- norable Mr. Juftice Hobart ; that he was direfted by the Council to deliver to this Houfe, a Copy of the Obje(ftions of the Council to the Bill, entitled, * An Ad^ to explain and amend an Aft, entitled, an Aft impofing Duties on certain Goods, Wares, and Mer- chandize, imported into this StAte/ palled 18th iVe :; Law of this State ; and it was carried in the Amrmative, by more than two Thirds of the Members prefent- «» Thereupon Refolved^ That the faid Bill (not- withftanding the Objedlions ot the lionorable the Council of Rei vioi'i ) the fame) be a Law of thit .:State* Z " Ordired, IMAGE EVALUATION TEST TARGET (MT-3) ^y.C? 1.0 I.I 1.25 12.2 IIIU 14 IIIIII.6 v2 Va ^ 7 c? / /A Photographic Sciences Corporation 23 /<€! ' ilAAIN STRE5T W£BSfER,N.Y. 14580 (71* 872 4503 ^ # 'G'- *> i 178 1 «« OtJereJ, That Mr. Clark and Mr. SicUes dclJvct the faid Bill and Objedlions, and a Copy of the Rc- folution of this Houfe, that it be a Law, to the Ho- noraible the Sendte* •* A Copy of a Refolution of the Honorable the SenatCj was delivered by Mr. Welfter, with the Bill therein -mentioned, that the Bill, entitled. An ASl for raijing j^. 100,000, within the feveral Counties therein mentioned^ notwithftanding the Objections of the Honorable the Council of Revifion to the fame» be a Law of this State/* APPENDIX, No. 5. OhjeBions of the Council of Revifion to the " A5t for the Indemnification of the Com* mijjioners of Sequejlration, and the Com- mij/ioners of Forfeitures , and the L^Jj'ees under them, and for other Purpofes therein mentioned, Paffed March 14th, 178^." Ante P. 864 Extraft from the Journal of the AiTembly of th« ^ State of Nenu-Tork. <* FriJa), Teti o*Clock, A. M. Mafch li, 1785, Page 83. THE Houfe then proceeded to the Confidera* tion ot the Objeftions of the Honorable the Council of Revifion, to the Bill, entitled, " An A£t for the Indemnification of the Commiflioners of Scqueftration, and the Commiflioners of Forfeitures, and the LeiTees under them, and for other Purpof«» therein mentioned," The C »79 ] T'e faid Obje^Ions being read, are in the Word* following, viz. The Council objeftcd againft the Bill, entitled, •' An Aft for the Indemnification of the Commifli- oners of Sequeflration and the Commir.oners of Forfeitures, and the Leflees under them, and for other Purpofes therein mentioned," becoming a Law of this State. Firft, Becaufe the Firft Claufe of the Bill enafts, that the late Commiffioners of Sequellration, in the fcveral Counties of this State, (hall be, and are hereby declared to be indemniiied for all and every Leafe and Leafes, made or given by them for Land! and Tenements, the Property of Perfons who during the late War, have gone over to, remained with, or joined the Enemy j and that no Suit or Suits, al- ready brought, (hall be maintained or hereafter com- menced againft the faid Comn.iflioners of Sequeftra- tion, or againft any Perfon or Perfons holding under them, by any Perfon or Perfons claiming Property in or to fuch Lands or Tenements. If the Commiffioners have purfued their Powers, fuch Indemnification is unneceflary ; if they have exceeded or violated them, the Subject is as much entitled to his Damages, as to any other Part of his Property, nor can it be confident with the Spirit of a free Conftitution, by Law and without Trial to prevent them of it ; though, perhaps the Legiflature may conceive it juft to compenfate the Commiffioner out of the Treafury of the State, where it (hall ap- pear on Trial, that by any extraordinary and well meant Exertion, he has rendered Services to the Community, and in Confequence thereof, Damages have been recovered againA him* Secondly, Becaufe, if Land fliould be claimed by Perfons not holding under thofe who have gone to the Enemy, but by a different Title, or if the Commiffioners have exceeded their Powers in giving long Leafes, the Perfons entitled to the Polleffion, are by this Law, precluded from the legal means of recovering their Rights. Z 2 Thirdly, K^| man, and others, of the State of New Tork, "Witt- chants, who have been in Exile during the late War, reported, _^ J__ \ *• That the Committee have maturely confideredi ^he Subject of the faid Memorirl ; and having afcer- tained the feveral Fa£ls which it contains, are of Opiniont that the Cafe of the Memoriallfls is attended ^ith Circumilancea of peculiar Harddiip to that Clafa of Citizens particularly, that their Goods and Merchandize were taken from them for the public Ufe, and Payment made therefor in Paper Cur- rency iti various Stages of its Depreciation ; while ae the fame they were, by Afts of Congrefs and of this State, inhibited from remitting to their Britljh Creditprs, when they could have done fo to Advan- tiigc, by invciting their Paper Money In Bills of Ex« changfe aad Article* of Produce ; and moreover as a Confideration for the Purpofe of reftoring Peace to «he United States^ the MenBorialifts are, by the De- finitive Treaty, iubjeftcd to the Payment of the Claims oi their Britijh Creditors, when by the Reefons aforefsid, as wdi as others escprefled in their Memorial, they are in many Inftances rendered incapable of doing fo : And that the Committee are further of Oprnion, That not only as Merchants, but as Inhabitants of the State of "blew Tor\^ which was the firft Place within the United States where the Britijh Fleets aiKl Armies commenced thek Operations in Force aeaii&ft tfa« Country ; the Me- mof'iartfts Yitxe called xipon previous to any other Clftfs of CitizeM, to make Sacrifices of their Property fw the SlippoTt of the common Caufe of the United States^ and that therefore the Committee had agreed to, and dire^ed him to report the follov/injj; llefoiUtion, v/asi ; ;! :. -\ ; Hefolvtdy (if the Honorable the Senate concur herein) That the Legiflature entertain the higheft Senfe of the patriotic Exertions of Meflrs. Henry Jtemfen^ James ^eckman^ ^nA others. Merchants of the State of AWu Tork^ who have been in Exile dur- ing the late War ; and of the Juftice upon which the Claims, as fet forth in their Memorial, prefented to the Legiflature the aoth of lai Jprilt are founded, yet as the United States at large have derived equal Advantages from the Sacrifices of Property which they have been called upon to make for the Prefer- vation of the Liberties of America^ the Application of the Memorialifts ought to be made to the United States in Congrefs alTembled ; and to that Honorable iBody the Cai^ o( the faid Memorialifts is by thi« J/Cgjflature moft earneftly recommended^ Rejolvedy That this Houfe do concur with the (Dommittee in the faid Report and Refolution. Ordered^ That Mr. Malcom and Mr. N. Smith de- liver a C<^y of the preceding Refolution to the llouorable the Senate for Concurrence. A Copy f i«3 ] A Copy of a R€rolution ot tlie Honorable t^e SenatC) delivered by Mr. Parh was read, concurrinj^. with this Houfe in the preceding Refolution. ^ •■ir 1 sjy3jf;4 •:-A'''ir. -^'-.-^niM ^-■»f|.;.fi-5 / .■tj,,... Cxtra£t from the Journal of the Aflembly of th . , State of New Torh «* Wednefiay^ Nine o'Clock, h,lA. April \l^^^y 1785. Page 154. «« M% jP. ^. 3^rf/«, from the Committee, fo ivKom was referred the Petitioqi of Pfter T. Curtenius, and others, Merchants of the City of Nnv Tork^ Reported, that among others, the following Fa^ 81% itate4 in the faid Petition, v/»4 ^ ■., Firft, " That they were among the Firft to relin-' quilh and facrifice their Bufinefs to the public good before the War commenced. , -> v Secondly, *• Thar they were a principal CauCe of the Circulation, and affifted in fupporting the Credit of the Paper Currency, at a critical and dangerous Period of Affairs. «* Thirdly,That they rendered important Servi- ^s, by exchanging Gold and Silver for Bills of Cre^ dit, by loaning Monies to the Public when called Upon, and by fupplying large Quantities of Goods, at the ufual Prices ito P«uc«. , , , ^ <* Fourthly, That they paid a ready and chearfltl Obedience to the Laws of their Country, by re- ceiving in the Money then in Circulation, the Debts which were du0 to then), while at the fame Time, for the Benefit of the Public, they were prevented from remitting to difcharge thofe which they owed« by which Means their whole Fortunes were vefted in, and of ConfeqUence iharea the Fat« of the 4epre« dated Currency < «( FifOiiy, C i84 ] •* Fifthly, That they were again facrificed to the fublic Intcreft, by the Stipulation in the Treaty of eace, that they ihould pay their Debts in Sterling Money, while no Prorifion vfii made to enable then* tout of the whole of their Property in the Public Fof- jTdfion, to effedl: fo jufl and defirable an Object. ** Sixthly, That tJiey have been placed by the 3?ublic Hand onthe ^rinkof Ruin. .^ ... I <* Seventhly, That they havfc beeri iq a State of ;^ile during thp War. . . _ *« Eighthly, That if feme Mode is not adojited hy the LegiiHature ix)r their Relief, Rilih awkits them ; ibr that the Agents pf their ^riiijh Creditors are now in this Country, with Powers to profecute theii* £!Uii9iB« ** That the Committee are thereupon of Opihioti^ that the Petitioners are judly entitled to Relief, and the Interpofition of the Legiflatiire, and that a Bill jfhould be biroujght in for that Purpofe. «* ikefojveit That the Hoiife do cdnciit \:'■. :'■,■. {y;:'^-^^ P«ge i79«'' w^'^J ^^'Jirfiji^ ;'Vv;j/.% ' ** Wheteas a Committee of Congrefs, to whom was referred a Memorial from the Merchants of the City of New Tori, fetting forth the peculiar Lofles they have fuftained during the late War, by their Exertions to lupport the Credit of the I'apcr Cur- rency, did report, that they had taken the faid Me- morial into Confideration, and had weighed the Sub- jeft Matter with that degree of Attention which an Application from fo refpeftable a Clafs of Citizens deiferved 2 That they were imprefled with a thorough Conviftion of the heavy Loffes they had fuftained during .the late War, from the Depreciation of the Paper Currency, Loan Office Certificates, and other Public Securities : That when, in Addition to fuch LoiTes they contemplated the Merit of thofc who fufFered them, it could not but increafe their Con- cern that the Power of Relief was not within the Commtft of the foederal Refources, without making a Difcrimination between them and other Citizens in different Parts of the Union, who have fuftained Loiles of the fame Nature, and in a fimilar Extent ; but that while they viewed fuch Difcrimination, as inconfiftent with the Principles of private Juftice and the public Intereft| and under that Impreffion forbore to advife it, they entertained fo ftrong a Senfe of the Loifes fuftained oy the Memorialifts, and their Claims to every degree of Attention, that they deemed it ex- pedient to recommend them to the Notice of the Z^egiflature of this State* Whereupon Congrefs did refolve, That the Claims of the laid Memorialifts be referred to the Legiflature of this State j and that it be recomtnended to them to make fuch Provifion for ihe Memocialifts as they might judge proper, in Confideration of their Merits. . . f.'t ^ -' i' ^' "H, Aad whereas^ this Houfe are fully fenfible of tha he^y i^ofle» to which the aforementioned Memoria- lifts have been expofed, by Reafon of the Deprecia- tion of the Paper Currency, and of their Exertions to fupport the Freedom and Independance of this Country ; and that their Claims juftly merit the Attention of the Legiflature ; but as an Adjournment A a will \s ;v^; v.. V 5f. !■ .'■It [ »^0 ] "v-( wiil fa Ihortly take Place, an effeflua) and fubnantial Relief cannot now be afforded them. t"- And whereas, the faid Memorialifls are threatend with immediate Profecutions for the Recovery of Debts owing by them to Britifli Creditors, and which Debts, were contraAed previoui to the kte Reicoltt- tion» ^■''' ' '♦ ' ..■<-i,vi*> # 1. »'',^fw,."v,* .., ,j Therefore, Refolvedj (if the Honorable Senate concur therein) That it be recommended to the Briti/h Creditors of the Memorialifts, and to their Attornies or Agents in this Country, to forbear commencing Suits againfl: the faid Memorialills, or any or either of them, for Debts contracted previous to the Ninth Day oi July^ ^11^% until the next Meeting of the Legiilature ; thereby affording them a Kefpite from Diftrefs, and the Legiflature a fuit- able Uccaiion to invefligatc the Subject Matter of their Memorial, and to grant them that Relief which they mnv jullly merit, and the Kefourccs of the State admit oh . ' ' ' .' " • , '" " '' ) ■ ** Ordered^ That Mr. Hathorn deliver a Cony of the preceding Refolution to the Honorable the Senate. In the Senate, i^A jf/riJ, 178^ Journal of the Senate, — ^Pagc io6, '^ • The aforefaid " Refolution being read and con* ndered, thereupon I » " Refolved^ That the Senate do concur with the Honorable the Affembly in the preceding Relb- lution. ** Ordered^ That Mr. M^ Dougball AtXivev a Copy of the preceding concurrent Refolution to the Ho- norable AiTembly." < I THE END. ^^■i con* -i