commiflioners fhall cators and perfons Mode in which the further enacted by the authority aforefaid, That where any determine adverte unappropriated or ungranted lands have heretofore, or claims between hereafter fhall be located by any perfon or perfons, if fuch clining by virtue of lands were occupied and poflefled, on or before the paffing of the faid act laft mentioned, by the prefent occupant or poffeffor, or by any perfon who is the heir or legal reprefentative of any original occupant or poffeffor, if fuch original occupant or poffeffor did not go off to or join the enemies of this ftate during the late war, then the lands fo occupied and poffeffed fhall not be granted to the perfon or perfons having located the fame; but if it fhall appear that the lands fo located were originally occupied by the perfon or perfons fo locating the fame, or that the prefent occupant did not, on or before the twentyfifth day of July, one thousand feven hundred and eighty-two, actually occupy and poffefs the fame; that he is not the heir or legal reprefentative of the original occupant; that being fuch heir or legal reprefentative, the original occupant did go off to and join the enemies of this ftate during the late war, that then, and in either of thefe cafes, the lands fo located, shall be granted to the perfon or perfons having fo located the fame, or to his or their legal reprefentatives; and in order to enable the commiflioners aforefaid to determine to which of the claimants a grant fhall pafs, for fuch lands fo located or occupied, the furveyor-general hall, at the request of the perfon or perfons having located fuch lands, or at the requeft of the occupant, return a furvey of the lands, fo in controverfy, to the faid commiffioners, who shall caufe a notice to be ferved on the adverfe party, and shall appoint a day to hear the faid parties, and their refpective evidences; and having fo heard, fhall determine agreeable to law, to which of the parties fuch lands fhall be granted, and Ihall accordingly direct the fame to be granted; any thing in any law of this flate to the contrary notwithstanding. Ill. And be it further enacted by the authority aforefaid, That previous to the paffing of any grant to fuch occupant as aforefaid, he fhall produce a receipt from the treasurer of this ftate, that he has paid to the faid treasurer at the rate of one fhilling per acre, for every acre contained in the tract for which he is to obtain fuch grant as aforefaid, in any certificates figned by Gerard Bancker, as treasurer of this flate, tary certihcates to be IV. And be it further enacted by the authority aforefaid, Locations on mill That all perfons having military certificates, on bounties of made before if July, unappropriated lands, fhall make their respective locations 1789, and not after. by virtue of fuch certificates, on or before the first day of July, which will be in the year one thousand feven hundred and eightynine; and that no location fhall be made by virtue of any fuch certificate from and after the faid first day of July, in the faid year one thoufand feven hundred and eighty-nine: Provided, That no fuch location No locations on which shall have been made on any lands, which were lands belonging to the Oneidas, Ononda- the property of the Oneida, Onondaga, Cuyuga, Tufcagas, Cayugas, TufcaForas or Senecas, on rora, or Seneca nations of Indians, or of any of them, on ift January, 1785, to the first day of January, in the year one thousand feven made before that day, hundred and eighty-five, fhall take effect, unless fuch locanor unless the Indian tion fhall have been made before that day, and unless also before ift July, 1789. the Indian right to fuch lands fhall by a ceffion in any form from the Indians to the people of this flate, be extinguished before the first day of July, one thoufand feven hundred and eighty-nine. And further, That if the Indian right to fuch lands, fhall be fot See 12th feff, ch. 44. extinguished, the tract of land fet apart for the ufe of the Take effect unlets right be extinguished t 46th feff. ch. 11. troops of this ftate, by virtue of the firft fection of the act, entitled, An act to prevent grants or locations of the land therein mentioned, paffed the twenty-fifth day of July, one thoufand feven hundred and eighty-two, fhall be then appropriated to the use of fuch troops, inftead of the lands now appropriated to fuch ufe, by virtue 9th feff. ch. 67. of the act, entitled, An act for the fpeedy fale of the unappropriated lands within this ftate, and for other purpofes therein mentioned, paffed the 5th day of May, 1786. becoming entitled to furveyed at their own bue year. V. And be it further enacted by the authority aforefaid, That all perfons who are now entitled to letters patent for any lands, fhall caufe the fame to be furveyed at their own expence refpectively, by the furveyor-general or one of his deputies, and fhall fue out fuch letters patent on or before the firft day of March next. And further, That all perfons who Perfons hereafter fhall, after the paffing of this act, become entitled to letters lands, to have them patent for any lands, fhall cause the fame to be furveyed expence, and fue out at their own expence refpectively, by the furveyor-general, letters patent within or one of his deputies, and fhall fue out fuch letters patent within one year from the time they fhall refpectively become entitled thereto, or in default thereof, that they forfeit their refpective rights to fuch letters patent, and that the lands fhall be accordingly grantable to others: Provided always, That if the perfons entitled to letters patent, fhall respectively make it appear, to the fatisfaction of the commiffioners of the land-office, that the lands could not be furveyed within the periods for that purpose hereby limited, it fhall be in the difcretion of the commiffioners to grant fuch farther time, and from time to time, to the said several perfons, for making the respective furveys, as they fhall deem reasonable. mung, to be furveyed VI. And be it further enacted by the authority aforefaid Locations in Che That all perfons having made locations by virtue of militaat the expence of the ry certificates on any lands lying within the town of Chemung, fhall caufe the fame lands to be furveyed at their own expence refpectively, by the furveyor-general, or one of his deputies, before the first day of July next. party before ift July, 1788. VII. And whereas Timothy Church, Ifrael Smith, Samuel Bixby and William White, four of the perfons deemed to be entitled to lands in the tract appropriated for the ufe of the perfons who have fuffered in oppofing the pretended government of Vermont, have caused the faid tract and the feveral allotments therein, to be furveyed and run out, and have actually paid, and remain liable to pay monies as and for the expences of fuch furvey: Therefore, Be it further enacted by the authority aforefaid, That it fhall and may be lawful for the commiffioners of the land-office, to examine the accounts of the faid Timothy Church, Ifrael Smith, Samuel Bixby and William White, of the expences incurred by them, in and about fuch furvey, and afcertain the amount thereof as the commiffioners fhall deem juft and reafonable, and fuch amount fhall be, and hereby is declared, charged on the whole of the lands fo appropriated as aforefaid, and the feveral perfons to whom grants of any of the lands fo appropriated as aforefaid, shall have been, or fhall be ordered to iffue, fhall, before they fhall be entitled to receive their grants, either pay to the fecretary of the flate for the ufe of the faid Timothy Church, Ifrael Smith, Samuel Bixby and William White, the refpective proportions of the faid grantees, of fuch amount of the expences of the faid furvey, according to the number of acres granted to the faid grantees refpectively, or produce to the fecretary, receipts from the faid' Timothy Commiffioners may Church, Ifrael Smith, Samuel Bixby and William White, or either of them, to them the faid feveral grantees for the amount of the fums to be paid by them, as their respective proportions of the faid expences. That where allotments in the faid tract have been allotted to two or grant to each perfon more perfons, it shall be lawful for the commiffioners to bis part in feveralty. grant to the feveral perfons their refpective parts in feveralty, as the commiffioners shall deem proper. That it fhall be lawful for the commiffioners to order a grant to iffue 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 faid allotment number eighty-one. That it fhall be farther lawful for the commiffioners to iffue a grant to Philip Frisbee, Samuel Frisbee, Philip Frifbee, junior, Ephraim Guthrie, Eben Landers, Seth Stone, Goold Bacon, Heman Stone, Nathaniel Benton, junior, Jofeph Landers and Roderick Moore, and fuch perfons as fhall be affociates of the faid eleven perfons laft named allotments, numbers forty-five and fixty-one; and they the faid William Guthrie, William Guthrie, junior, Reuben Kirby, and the faid Philip Frisbee, Samuel Frisbee, Philip Frisbee, junior, Ephraim Guthrie, Eben Landers, Seth Stone, Goold Bacon, Heman Stone, Nathaniel Benton, junior, Jofeph Landers, and Roderick Moore, and their affociates, fhall pay into the treafury of this ftate, in any public fecurities, figned by the treasurer of this ftate, at the rate of one fhilling and three-pence per acre for the lands to be granted to them refpectively, and to be paid before they fhall feverally be entitled to receive their refpective grants. That where grants for any lands within the tract aforefaid have been or fhall hereafter be ordered or directed to iffue, if Perfons not fuing out the feveral grantees fhall not within fuch reasonable time, their patents for faid lands within a time as the commiffioners fhall from time to time affign, fue out to be appointed by the commiffioners, to for their respective grants, it fhall be in the difcretion of the feit their claim to the commiffioners to order and direct the furveyor-general to fell fuch lands, and to direct grants to iflue to the refpective purchasers as is provided in other cafes of lands to be fold by the furveyorgeneral. fame. VIII. And be it further enacted by the authority aforefaid, That the com miffioners of the land-office fhall direct the furveyor-general to furvey the island commonly called Nutten-Ifland, or Governor's-Ifland, and to lay out the fame into lots not exceeding two acres each, with fuch lanes or ftreets as the commiffioners fhall deem proper, and fhall direct the furveyor-general to fell the faid lots in fuch manner as he is required to fell unappropriated lands, by the Act for the fpeedy fale of unappropriated 9th feff. ch. 67. lands, paffed the first day of May, in the year one thousand seven hundred and eighty-fix; and that on fuch falęs, no public fecurities, other than fuch as are figned by the treasurer or auditor of this state, shall be received in payment. And provided further, That it fhall be in the difcre. tion of the commiffioners, to direct fuch parts of the faid ifland as they fhall deem proper to be referved for fortifications, to remain unfold. IX. And be it further enailed by the authority aforefaid, That it fhall be lawful for the commiffioners of the land-office, to iffue a grant to John Garnfey, of the lands located by him in the tract purchafed from the Indians in the year one thousand feven hundred and eighty-five, or of such vacant lands near or adjacent to the lands fo located, as fhall be equal to the quan tity of land which he was entitled to locate. } Certain certificates not receivable in payment for lands. X. And be it further enaded by the authority aforefaid, That no certificates iflued either by William Denning, Jofeph Bindon, Jonathan Burrel, John Pierce, Jofeph Pannel or Edward Fox, fhall be received in payment for any lands hereafter to be fold by order of the commiffioners of the land-office. ener of torfeitures to CHA P. XC. An ACT relating to the forfeited Eftates. Paffed 21ft March, 1788. 1. BE it enabled by the people of the flate of New-York, reprefented in jerate and affembly, and it is hereby enacted by the authority of the fame, That the office of commiffioner of forfeitures within this Office of commifli- ftate, fhall ceafe on the first day of September next; and ceafe after ift Sep. that all real estates forfeited to the people of this flate, and And furveyor-ge- thereafter to be fold or difpofed of, fhall be fold and difpofed neral to execute that of by the furveyor-general of this ftate for the time being, who fhall for that purpose be vefted with the fame authori ties as are now vefted in the commiffioners of forfeitures. That the form of the conveyance to be executed by the furveyor-general, fhall be as follows, tember, 1788, duty. viz. "To all to whom thefe prefents fhall come, I furveyor"general of the state of New-York, fend greeting: KNOW YE, That by "virtue of the authority vefted in me by the laws of the said state, and in "confideration of the fum of I have granted, bargained, fold, en"feoffed and confirmed, and by thefe prefents do grant, bargain, fell, en"feoff and confirm unto all the eftate, right, title and interest of "the people of the faid ftate, of, in and to (here describe the lands or tene"ments.) TO HAVE AND TO HOLD the premises hereby granted, bargained, fold, enfeoffed and confirmed to the faid figns, to the proper ufe and behoof of the faid 66 heirs and afheirs and affigns and "forever. INTESTIMONY WHEREOF, I have hereunto fet my hand ftate to the lands Conveyance, to veft day of in the year of our Lord year of the independence of the faid flate." That all the eftate, right, title and intereft, both at law All the right of the and in equity, whether in poffeffion, reverfion or remainder, mentioned in fuch and which in confequence of the attainder or conviction of any perfon hath become forfeited to, attached or vefted in the people of this ftate, of, in or to the lands or tenements in the respective conveyances mentioned, fhall, by virtue of fuch refpective conveyances, pafs to and veft in the refpective grantees, their heirs and affigns; and they hall refpectively maintain any action for the recovery of the lands and tenements, any actual feifin or poffeffion thereof in any other perfon notwithstanding; and fuch conveyance fhall be deemed to operate as a warranty from the people of this ftate for fecuring to the refpective grantees, their heirs and affigns, the lands and tenements by fuch conveyances refpectively conveyed. II. And be it further enacted by the authority aforefaid, Commiffioners of That the commiffioners of forfeitures fhall, as foon as conforfeitures, after ift September, 1788, to veniently may be, after the faid first day of September next, ating to their office, deliver to the furveyor-general for the time being, all the deliver all papers re tal. es the furveyor-gene- maps, papers, conveyances and other documents, in their Who may fell lands poffeffion refpectively, as commiffioners as aforefaid, in any fubject to controver wife relating to forfeited eftates. That in all cafes where the furveyor-general, he having the opinion and advice of the attorney-general, fhall deem forfeited lands, to be fubject to, or incum bered with claims or controverfy, and in all cafes where he fhall deem the people of this state to have a les intereft than the abfolute property in the whole of the lands, it fhall be lawful for him, notwithstanding, to fell fuch lands; but it shall be his duty in fuch cafes, at the time and place of fale, and for at least three hours before the fales, to affix in fome public and convenient place there, a writing containing a state of all the material facts and circumftances relating to fuch claim or controverfy, or relating to fuch intereft of the ftate, as far forth as the fame fhall have come to his knowledge; to the end that all perfons who fhall be then and there attending with intent to purchase, may be informed of fuch claim or controverfy, and of the na ture and extent of the intereft of the state in the lands: But the conveyance in fuch cafes fhall not be deemed to operate as a warranty from the people of this ftate; and there fhall accordingly be inferted in the conveyance, im mediately before the words, " IN TESTIMONY," the words following, viz. "Thefe prefents however are in no wife to operate as a warranty." III. And be it further enacted by the authority aforefaid, Securities figned by the treasurer or au- That in all fales of forfeited eflates hereafter to be made, no ditor only, to be rereived in payment for Other public fecurities, except fuch as are figned by the treaforfeited eftates. furer or auditor of this ftate, fhall be received in payment. IV. And whereas notwithstanding the length of time given by the legifla tue of this flate, to fuch as were indebted to perfons, whofe eftates have been foricited as aforefaid, to pay the faid debts into the treasury in public fecuri ties, there is reason to believe that many of the faid debtors have with-held fuch payments, and not availed themselves of the benefit intended them by fuch provifion; Therefore, Be it further enaded by the authority aforefaid, That if any perfon fhall at any time after the first day of After 1ft Nov. 1788, any perfon may pro- November next, apply to the treasurer of this ftate, and any bond 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 due thereon in any public fecurities, if flate, and if the debtors fhall not theretofore have made any fued from the trea- payment into the treafury, as payment on fuch bond or other contract, or having made a payment or payments, hall not have paid to the full amount of what fuch debtor ought, by law, to have paid, in order to be wholly difcharged from fuch bond or other contract, it fhall be lawful for fuch applicant to pay into the treafury, in any public fecurities iffued from the treafury, the amount of what shall appear to be due on fuch bond or other contract; and where any payment or payments in part hath or have been made into the treafury by the debtor, the amount of fuch payments, in part, fhall, in fuch cafes, be deducted from what would other wife have been due on fuch bond or other contract; and the treasurer shall thereupon endorse on fuch bond or other contract, a certificate of such payment by fuch applicant, and fuch applicant, his or her executors or adminiftrators, fhall 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, devifees, executors or adminiftrators, for the recovery of the fum fo certified to have beep paid into the treasury by fuch applicant, Vol. II. Сс duce to the treaturer any attainted perfon, Jury. |