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Sicke in which the further enacted by the authority aforesaid, That where any forvislimers deterniite adverte unappropriated or ungranted lands have heretofore, or claims between In- hereafter shall be located by any person or persons, if such claiming by virtue of lands were occupied and poflefed, on or before the paliing pusletion.

of the said act last mentioned, by the present occupant or

poffeffor, or by any person who is the heir or legal reprefentative of any original occupant or poffeffor, if such original occupant or poflefTor did not go off to or join the enemies of this state during the late war, then the lands so occupied and poffeffed shall not be granted to the person or persons having located the fame; but if it Ihall appear that the lands so located were originally occupied by the person or persons so locating the same, or that the present occupant did not, on or before the twentyfifth day of July, one thousand seven hundred and eighty-two, actually occupy and potless the same ; that he is not the heir or legal representative of the original occupant ; that being such heir or legal representative, the original occupant did go off to and join the enemies of this state during the late war, that then, and in either of these cases, the lands fo located, Thall be granted to the person or perfons having so located the fame, or to his or their legal representatives, and in order to enable the commillioners aforesaid to determine to which of the claimants a grant shall pass, for such lands fo located or occupied, the surveyor-general shall

, at the request of the perion or persons having located such lands, or at the request of the occupant, return a survey of the lands, so in controversy, to the said commitioners, who shall cause a notice to be served on the adverse party, and shall appoint a day to hear the said parties, and their respective evidences; and having to heard, shall determine agreeable to law, to which of the parties such lands shall be granted, and ihall accordingly direct the fame to be granted; any thing in any law of this state to the contrary notwithstanding.

II. And be il further erincled by the uu! horily aforesaid, That previous to. the palling of any grant to such occupant as aforesaid, he shall produce a receipt from the treasurer of this state, that he has paid to the faid treasurer at the rate of one shilling per acre, for every acre contained in the tract for which he is to obtain fuch grant as aforesaid, in any certificates signed by Gerard Bancker, as treasurer of this late,

IV. And be il further enaĉied by the authority aforesaid, Locations one milie That all persons having military certificates, on bounties of made before in July, unappropriated lands, Thall make their respective locations 1:89, and not after.

by virtue of such certificates, on or before the first day of July, which will be in the year one thousand seven hundred and eightynine; and that no location Thall be made by virtue of any such certificate from and afier the said first day of July, in the faid year

one thousand seven hundred and eighty-nine: Provided, That no such location No Incations on which shall liave been made on any lands, which were Rise Oneidas, Ononda- the property of the Oneida, Onondaga, Cuyuga, Tuscaturas ur Senecas, on rora, or Seneca nations of Indians, or of any of them, on 14 January: 1783,40 the first day of January, in the year one thousand seven made hetore that day, hundred and eighty-five, mall take effect, unless such locaTior unless the Indian tion shall have been made before that day, and unless allo before ist July, 17€). the Indian right to such lands shall by a cullion in any form from the Indians to the people of this fate, be extinguished before ilié first day of July, one thousand leven hundred and eighty-nine. And fur

ther, That if the Indian right to fuch lands, shall be fot See 12ch fest, ch. 44.

extinguifed, the tract of land fet apart for the use of the

6th feli. ch. 11.

letters patent within due year.

troops of this state, by virtue of the first section of the act,

entitled, 1 An act to prevent grants or locations of the land therein mentioned, passed the twenty-fifth day of July, one thousand seven hundred and eighty-two, shall be then appropriated to the use of fuch troops,

instead of the lands now appropriated to such use, by virtue $9th fest. ch.67.

of the act, entitled, 5 An act for the speedy fale of the unappropriated lands within this state, and for other purposes therein menrioned, passed the 5th day of May, 1786.

V. And be it further enacted by the authority aforesaid, That all persons who are now entitled to letters patent for any lands, shall cause the same to be furveyed at their own expence respectively, by the furveyor-general or one of his deputies, and shall sue out such letters patent on or before the

first day of March next. And further, That all persons who Persons hereafter all, after the passing of this a&t, become entitled to letters lands, to have them patent for any lands, shall cause the fame to be surveyed expence, and fue out at their own expence respectively, by the furveyor-general,

or one of his deputies, and shall sue out such letters patent

within one year from the time they Mall respectively become entitled thereto, or in default thereof, that they forfeit their respective rights to fuch letters patent, and that the lands shall be accordingly grantable to others : Provided always, That is the persons entitled to letters patent, shall respectively make it appear, to the satisfaction of the commissioners of the land-office, that the lands could not be surveyed within the periods for that purpose hereby limited, it shall be in the discretion of the commissioners to grant such farther time, and from time to time, to the said several persons, for making the respective surveys, as they shall deem reasonable.

VI. And be it further enačied by the authority aforesaid, Locations in Che; That all persons having made locations by virtue of militaat die expence of the ry certificates on any lands lying within the town of Cheparty before ift July,

mung, shall cause the fame lands to be surveyed at their

own expence respectively, by the surveyor-general, or one of his deputies, before the first day of July next.

VII. And whereas Timothy Church, Ifrael Smith, Samuel Bixby and William White, four of the persons deemed to be entitled to lands in the tract appropriated for the use of the persons who have suffered in opposing the pretended governinent of Vermont, have caused the said tract and the feveral allotments therein, to be surveyed and run out, and have actually paid, and remain liable to pay monies as and for the expences of such survey: Therefore, Be it further enaged by the authority aforesaid, That it shall and may be lawful for the commisfioners of the land-office, to examine the accounts of the said Timothy Church, Israel Smith, Samuel Bixby and William White, of the expences incurred by them, in and about such survey, and ascertain the amount thereof as the commissioners shall deem juft and reasonable, and such amount shall be, and hereby is declared, charged on the whole of the lands fo appropriated as aforesaid, and the several persons to wliom grants of any of the lands fo appropriated as aforesaid, shall have kecil, or shall be ordered to issue, shall, before they shall be entitled to receive pircir grans, either pay to the secretary of the state for the use of the said Timothy Church, Israel Smith, Samuel Bixby and William White, the refpective propcrtions of the said grantees, of such amount of the expences of the said survey, according to the number of acres granted to the faid grantees respectively, or produce to the secretary, receipts from the faid. Timothy

1789.

Church, Israel Smith, Samuel Bixby and William White, or either of them, to them the said several grantees for the amount of the sums to be paid by them, as their respective proportions of the said expences. That where Commissioners may

allotments in the faid tract have been allotted to two or grant to each perfon more persons, it shall be lawful for the commissioners to Lis part in severalty. grant to the several persons their respective parts in seveyalty, as the commissioners shall deem proper. That it Mall be lawful for the commissioners to order a grant to issue to William Guthrie, William Guthrie, junior, and Reuben Kirby, for allotment number eighty-one in the tract aforefaid; and that allotment number feventy-five be deemed as allotted to Thomas Baker and Samuel Bixby, instead of the said allotment number eighty-one. That it shall be farther lawful for the commissioners to issue a grant to Philip Frisbee, Samuel Frisbee, Philip Frisbee, junior, Ephraim Guthrie, Eben Landers, Seth Stone, Goold Bacon, Heman Stone, Nathaniel Benton, junior, Joseph Landers and Roderick Moore, and such peifons as Thall be associates of the said eleven persons last named allotments, numbers forty-five and fixty-one; and they the said William Guthrie, William Guthrie, junior, Reuben Kirby, and the faid Philip Frisbee, Samuel Frilbee, Philip Frisbee, junior, Ephraim Guthrie, Eben Landers, Seth Stone, Goold Bacon, Heman Stone, Nathaniel Benton, junior, Joseph Landers, and Roderick Moore, and their associates, shall pay into the treasury of this state, in any public securities, figned by the treasurer of this state, at the rate of one milling and three-pence per acre for the lands to be granted to them respectively, ' and to be paid before they shall severally be entitled to receive their respective grants. That where grants for any lands within the tract aforesaid have

been or shall hereafter be ordered or directed to islue, if Persons not suing on the several grantees Mall not within such reasonable time, lands within a time as the commissioners shall from time to time asign, fue out cornmillioners, to for their respective grants, it shall be in the discretion of the Feit their claiin to the commissioners to order and direct the surveyor-general to fame.

fell fuch lands, and to direct grants to issue to the respective purchafers as is provided in other cases of lands to be fold by the surveyorgeneral.

VIII. And be il further enacted by the authority aforesaid, That the commillioners of the land office shall direct the surveyor-general to survey the illand commonly called Nutten- INand, or Governor's-Nand, and to lay out the fame into lots not exceeding two acres each, with such lanes or streets as the commissioners shall deem proper, and shall direct the surveyor-general to sell the said lots in such manner as he is required to fell unappropriated

lands, by the Act for the speedy sale of unappropriated # 9th fello cho 67. lands, passed the first day of May, in the year one thousand seven hundred and eighty-fix; and that on such falęs, no public securities, other than such as are signed by the treasurer or auditor of this state, shall be received in payment. And provided further, That it shall be in the discre. tion of the commiffioners, to direct such parts of the said island as they shall deem proper to be reserved for fortifications, to remain unsold.

IX. And be it further enacted by the authority aforefaid, That it shall be lawful for the commissioners of the land-office, to iffue a grant to John Garnfey, of the lands located by him in the tract purchased from the Indians in the year one thousand seven hundred and eighty-five, or of such vacans lands near or adjacent to the lands fo located, as shall be equal to the quan tity of land which he was entitled to locate,

Certain certificates X. And be it further enaded by the authority aforesaid, not receivable in payment for lands. That no certificates iflued either by William Denning, Jo

Seph Bindon, Jonathan Burrel, John Pierce, Joseph Pannel or Edward Fox, shall be received in payment for any lands hereafter to be fold by order of the commissioners of the land-office.

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B

tember, 1733,

CH A P. XC.
An ACT relating to the forfeited Efales.

Palled 21st March, 1788.
E it enaded by the people of the state of New-York, represented in jerate
and assembly, and it is hereby enacted by the auihority of the fame,

That the office of commissioner of forfeitures within this Office of commilli- state, shall ceafe on the first day of September next; and cafe after ist Sep. that all real estates forfeited to the people of this fate, and And surveyor-ge

thereafter to be sold or disposed of, shall be sold and disposed neral to execute that of by the surveyor-general of this state for the time being, duty.

who shall for that purpose be vefted with the same authorities as are now vested in the commissioners of forfeitures. That the form of the conveyance to be executed by the surveyor-general, Ihall be as follows, viz. “ To all to whom these presents shall come, I

surveyor: “ general of the fate of New-York, send greeting : KNOW YE, That by “ virtue of the authority vested in me by the laws of the said state, and in “ consideration of the sum of I have granted, bargained, fold, en“ feoffed and confirmed, and by these presents do grant, bargain, fell, en. “ feoff and confirm unto all the estate, right, title and interest of “ the people of the said state, of, in and to (here describe the lands or tene

ments.) TO HAVE AND TO HOLD the premises hereby granted, “ bargained, sold, enfeoffed and confirmed to the faid heirs and af “ signs, to the proper use and behoof of the said

heirs and assigns “ forever. IN TESTIMONY WHEREOF, I have hereunto set my hand " and seal, the day of in the year of our Lord and “ in the

year of the independence of the said state.”

That all the estate, right, title and interest, both at law All the right ofnile and in equity, whether in possession, reversion or remainder, mentioned in tuch and which in consequence of the attainder or conviction in the grantees.

of any person hath become forfeited to, attached or vested

in the people of this state, of, in or to the lands or tenements in the respective conveyances mentioned, Ihall, by virtue of such refo pective conveyances, pass to and veft in the respective grantees, their heirs and afligns; and they ihall respectively maintain any action for the recovery of the lands and tenements, any actual seisin or possession thereof in any other person notwithstanding; and such conveyance shall be deemed to operate as a warranty from the people of this state for securing to the respective grantees, their heirs and assigns, the lands and tenements by such conveyances respectively conveyed.

II. And be it further enacted by the authority afirefaid, Commissioners of That the commissioners of forfeitures sall, as soon as conSeptember, 1988, to veniently may be, after the faid first day of September next, lating to wicht office, deliver to the surveyor-general for the time being, all the

conveyance, to vest

the surveyor-genc- maps, papers, conveyances and other documents, in their

Who may fell lands pofiellion respectively, as commissioners as aforesaid, in any Inbjets to controvero wise relating to forfeited estates. That in all cases where

the surveyor-general, he having the opinion and advice of the attorney-general, fhall deem forfeited lands, to be subject to, or incum. bered with claims or controverly, and in all cases where he shall deem the people of this state to have a leis interest than the absolute property in the whole of the lands, it shall be lawful for him, notwithstanding, to tell such lands ;- but it shall be his duty in such cases, at the time and place of fale, and for at least three hours before the sales, to affix in some public and convenient place there, a writing containing a state of all the material facts and circumstances relating to such claim or controversy, or relating to such intereft of the state, as far forth as the same shall have come to his knowledge ; to the end that all persons who shall be then and there attending with intent to purchase, may be informed of such claim or controversy, and of the nature and extent of the interest of the fate in the lands : But the conveyance in such cases shall not be deemed to operate as a warranty from the people of this state ; and there shall accordingly be inserted in the conveyance, ima mediately before the words, “ IN TESTIMONY," the words following, viz. “ These presents however are in no wise to operate as a warranty.” Securities signed by

III. And be it further enated by the authorily a/uresaid, dize treasurer or au- That in all sales of forfeited ellates hereafter to be made, no reived in payment for other public securities, except such as are signed by the treatorfeited estates.

surer or auditor of this state, shall be received in payment. IV. And whereas notwithstanding the length of time given by the legislate of this ftate, to such as were indebted to persons, whose estates have been forizited as aforesaid, to pay the faid deb:s into the treasury in public securities, there is reason to believe that many of the laid debtors have with-held such payments, and not availed themselves of the benefit intended them by such provifion ; Therefore, Be it further enaĉied by the auhority aforesaid, After if Nov. 1783,

That if any person shall at any time after the firit day of any person may pro. November next, apply to the treasurer of this late, and any band or other produce to him a bond, bill or other contract, being the contract executed to evidence of a debt, and made or executed to any perion and pay the amount attainted or convicted of adhering to the enemies of this public fecurities, it. Nate, and if the debtors shall not theretofore have made any fued froin the trea- payment into the treasury, as payment on such bond or .

other contract, or liaving made a payment or payments, Call not have paid to the full amount of what such debtor ought, by law, to have paid, in order to be wholly discharged from such bond or other contract, it shall be lawful for such applicant to pay into the treasury, in any public securities issued from the treasury, the amount of what shall appear to be due on such bond or other contract; and where any payment or payinents in part hath or have been made into the treasury by the debtor, the amount of such payments, in part, shall, in such cales, be deducted from what would otherwise have been due on such bond or other contract; and the treasurer shall thereupon endorse on such bond or other contract, a certi. ficate of such payment by such applicant, and such applicant, his or her executors or administrators, shall thereupon, by virtue of this act, have an action in his or their own name or names, against the debtor or debtors, his, her or their heirs, devisees, executors or administrators, for the recovery of the fum fo certified to have beep paid into the treasury by such applicant, Vol. Il

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