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Proviso as to benefit

to tenants under act

named.

Act not to be construed to compel commissioners to

sell part of

tract or

farm less

than five

hundred acres.

Certifil

cates receivable

Provided nevertheless that nothing in this act contained shall be construed to deprive tenants of the benefit intended by the eighteenth section of the act entitled "An act for the forfeiture and sale of the estates of persons who have adhered to the enemies of this State, and for declaring the sovereignty of the people of this State in respect to all property within the same," passed the twenty second of October one thousand seven hundred and seventy nine, And that if any person possessed of such certificates shall apply for the purchase of any lands the reversion or remainder whereof only shall have become forfeited, the commissioners shall not cause such appraisment to be made until they shall previously have informed the tenant in possession of such lands, of the application for the purchase of the said lands, and require of such tenant to produce within the time limited for that purpose the certificate prescribed by the said act, and in default thereof that it shall then be lawful for the commissioners to cause such appraisment to be made as is directed by this act, and convey the reversion or remainder of such lands to the person making such application aforesaid,

And provided farther that nothing in this act shall be construed to compel the commissioners to convey any part or parcel of a tract held or improved as one entire farm or possession, unless such tract shall contain more than five hundred acres; And provided further that nothing in this act shall be construed to authorize the commissioners to convey any of the lands mortgaged by the act entitled "An act approving of the act of congress of the eighteenth day of March, one thousand seven hundred and eighty, relative to the finances of the United States, and making provision for redeeming the proportion of this State of the bills of credit, to be emitted in pursuance of the said act of congress," passed the fifteenth day of June last.

IV. And be it further enacted by the authority aforesaid, That the said certificates subscribed by the said auditors or any two of them upon pur- shall be receivable in payment upon the purchases of forfeited estates, for the amount of the principal and interest thereof, at the same rate with specie.

chase of

forfeited

estates.

Auditors to take official oath.

Form of

Duty of auditors, compensation, etc.

V. And be it further enacted by the authority aforesaid, That the said auditors before they enter upon the execution of their said office shall each of them take the following oath before one of the judges of either of the counties within this State, viz.

I, — appointed one of the auditors in pursuance of the act of the legislature of the State of New York, entitled "An act to liquidate and settle the accounts of the troops of this State in the service of the United States, do solemnly swear and declare in the presence of Almighty God that I will well and faithfully execute the trust reposed in me, according to the best of my ability and understanding. So help me God—" That the said auditors shall, as soon as conveniently may be after the passing of this act, repair to the several posts and places where the troops whose accounts are to be settled in pursuance of this act, shall be stationed, for the purpose of liquidation and settling such accounts as aforesaid, and shall each of them be allowed for their services and expences besides the expence of, printing certificates, paper, and other contingencies, the sum of three and an half dollars of the new emission, for each day they shall be severally actually employed in the business hereby committed to them, agreeable to such accounts as they shall respectively produce thereof to the treasurer, audited by the auditor general of this State.-That the treasurer shall advance to the said auditors the sum of one hundred pounds of the said new emission And that the said auditors shall be authorized to administer oaths to persons

making returns, and to examine on oath, either the parties themselves or other persons, upon any matters touching any accounts that may be produced for settlement.

sation of

And whereas doubts have arisen upon the act of congress, recommend- Proviso as ing such compensation for the deficiency of pay as is intended by this to compen act, with respect to what troops are to be compensated by this State, troops. and application hath been made by this State to congress for an explanation of their said act.

titled to

compen

Be it therefore further enacted by the authority aforesaid, That Troops enuntil the legislature shall make further provision, the following and no other troops shall be entitled to the compensation intended by this act, sation. and the accounts of such troops only shall be liquidated and settled by the auditors to be appointed in pursuance of this act, that is to say, all officers, and privates serving In either of the five continental battalions, raised under the direction of this State, and engaged to serve for three years, or during the war, and all officers and privates, engaged for the like time, and who at the time they respectively entered into the corps to which they respectively belong, were inhabitants of this State, and are now serving in the cavalry, or artillery of the United States, or in the several regiments commanded by Colonels Seth Warner, Moses Hazen, and James Livingston, or in either of the sixteen additional battalions, not annexed to the line of any State - And further that no troops, other than such as are comprehended within the above description, shall be entitled to clothing or other necessaries from this State, and the State clothier of this State and the commissary appointed to provide such necessaries shall respectively furnish such troops only as are above described with clothing and necessaries until the further direction of the legislature,

clothier

not pro

nishing

Provided that nothing in this clause contained shall be construed to State prohibit the said State clothier, or commissary, from furnishing Major Godom. General McDougall and Brigadier General James Clinton and their re- missary spective suites, the chaplain to the brigade under the command of the hibited said Brigadier General James Clinton, the chaplain to the garrison at from furthe forts in the Highlands, and the physicians and surgeans in the gen- clothing, eral hospital, with the clothing and necessaries directed to be furnished etc., to to them by the act entitled, "An act to provide the troops of this State named. in the service of the United State with clothing and other necessaries," passed on the eleventh day of March last.

were

officers

etc., en

of pay.

VII. And be it further enacted by the authority aforesaid, That all offi- Officers, cers who have been reduced, and all non-commissioned officers and pri- titled to vates engaged for three years, or during the war, and who may have deficiency been regularly discharged from the service, shall be entitled to such compensation for the deficiency of pay as is above mentioned, in like manner as if such officers, non-commissioned officers and privates w still in actual service, and the accounts of such officers, non-commissioned and privates shall be audited by the said auditors accordingly; and the said officers, non-commissioned officers, and privates, shall be entitled to such certificates as aforesaid for the ballances due to them respectively.

of de

be settled.

VIII. And be it further enacted by the authority aforesaid, That Accounts the accounts of all persons deceased, shall be settled and liquidated, ceased by the auditors to be appointed in pursuance of this act, in like manner persons to as if such persons had been in full life, and certificates for the ballances which shall appear to have been due to such persons at the time of their death respectively, shall be given to and in the name of the executors or administrators of such persons respectively.

Gold and

silver only to be re

commis

sioners when

IX. And be it further enacted by the authority aforesaid, That gold or silver only, and no other species of money shall be received by the ceived by commissioners in cases where there shall be a deficiency of certificates, any law making other currency a tender to the contrary notwithstandingthere is a And that all the gold and silver which shall be so received by the comdeficiency missioners, shall be by them paid into the treasury of this State, there to remain as a fund for the redemption of such of the said certificates, as may not be redeemed with lands in the manner prescribed by this act. And that the said auditors shall, from time to time, keep regular accounts and make due returns to the treasurer of this State, of abstracts of all accounts liquidated, and of all the certificates issued by them.

of cates.

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In the fifth column are placed those mean depreciations at their respective times; against which, in the sixth column, are the real values (in decimals) of one depreciated dollar, at the same times. The seventh column is the product of the numbers in the fourth and sixth; and the eighth column is the difference between the numbers in the fourth and seventh columns.

[graphic]

schedule.

Form of

Acts

named re

in force.

CHAP. S.

AN ACT to revive and further to continue and amend the several laws relative to the impresses of teams, forage, timber and fuel, for the use of the army.

PASSED the 5th of October, 1780.

I. Be it enacted by the People of the State of New York, represented in Dive Senate and Assembly, and it is hereby enacted by the authority of the same, continued That the act entitled "An act to revive, continue and farther amend the several laws, relative to impressing teams, forage, timber and fuel, billeting troops, and preventing deceit in making flour casks within this State." Passed the twenty sixth day of February last, and the act entitled An act to amend an act for regulating impresses of forage and carriages, and for billeting troops within this State." passed the twelfth day of March one thousand seven hundred and seventy nine, shall be, and hereby are revived, and shall continue in force during the present war, subject to the alterations and amendments herein after mentioned.

Fines reduced to three pounds.

fees; for

66

II. And be it further enacted by the authority aforesaid, That the respective fines of twenty pounds, and ten pounds mentioned in the second section of the said act entitled "An act to revive, continue and further amend the several laws, relative to impressing teams, forage, timber and fuel, billeting troops and preventing deceit in making flour casks within this State," Constables' shall be respectively altered to three pounds - That the fee of twenty feiture and four shillings to the constable as mentioned in the third section of the allowance said act last mentioned, shall be altered to two shillings - That the forto justies feiture of sixteen shillings for deceit in making flour casks, as mentioned in the eighth section of the said act last mentioned, shall be altered to five shillings. That the allowance of twenty four shillings to a justice. of the peace for a warrant, as mentioned in the ninth section of the said act last mentioned, shall be altered to two shillings—and that the several sums herein before mentioned, shall be deemed to be in the bills emitted on the credit of this State, pursuant to the act of congress of the eighteenth of March last.

reduced.

Power,

etc., vested in agent

ants.

And be it further enacted by the authority aforesaid, That the agent of this State, and his several assistants, so far forth as the same may be and assist- necessary to procure and transport the quota of supplies required of this State and the commissary general, and his deputies, shall be vested with the like powers and authorities, as in and by the said several acts above mentioned, or either of them, are granted to the quarter master general and his deputies.

Warrants

may be

by depu

tation to be in writing.

IV. And be it further enacted by the authority aforesaid, That in all cases of impress where warrants of impress shall be granted by the person administring executed the government for the time being, the person to whom the same shall be ties; depu- granted, may cause such warrants to be executed by any person or persons to be by him deputed for the purpose That a copy of such warrant with a deputation thereon endorsed under the hand of the said person to whom the warrant shall be granted shall be a sufficient deputation, and that in all cases of such deputations, the principal shall be responsible for the deputy, and in case of misconduct by such deputy in the execution of such warrant, the principal shall be subject to a prosecution at the suit of the people of this State, and to a suit at the suit of the party agreived in like manner as if such misconduct had been committed by the principal in his own proper person.

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