Purport of fuch certi

ficate.

6th feff. ch. 26. act, entitled, † An act to enable John Cochran, Esquire, to locate two thousand acres of wafte and unappropriated lands within this ftate, paffed March the 8th, 1783, fhall pros duce a certificate from the furveyor-general of this state to the faid commis fioners, certifying that the perfon therein named, is entitled, by virtue of the faid acts, or either of them, to the quantity of land in fuch certificate mentioned and described; that the fame is laid out as nearly in a square as the circumjacent patented lands will admit of, or is laid out as nearly in a fquare as local circumstances will admit of, or is laid out in a fquare, as the cafe may be; that the fame is not, to the best of his belief and information, then granted to, or located by any other perfon by virtue of any of the before recited acts; that it was not occupied and improved by any perfon, on or before the 25th day of July, in the year one thoufand feven hundred and eighty-two; that it is no part of the land by this act referved to the ufe of the people of this ftate; the faid commiffioners fhall thereupon direct letters patent to be made out, and the governor shall affix the great feal of this ftate thereto. Provided always, That if any caveat fhall be entered in the fecretary's office by any per fon whatever claiming lands fo located, that the faid commiflioners fhall de cide on the principles of equity and good confcience, if fuch location fhall be valid or not; firft giving timely notice to the parties, to appear and be heard by themfelves or by council on their behalf; and if the location shall by the fid commiffioners be deemed void, the perfon having made the fame may locate other ungranted and unappropriated lands, as though no location had ever been made.

to be reduced or ex

general.

III. And be it further enailed by the authority aforesaid, Locations containing That if any tract of land defcribed in any location already greater or lefs quantities than they ought. entered, or to be entered in the furveyor-general's office, fhall tended by furveyor- appear, upon actual furvey, to contain a greater or a les quantity of acres than the perfon having located, or who may hereafter locate, is entitled to, it fhall be the duty of the furveyor-general to reduce or extend the bounds of fuch tract, as the cafe may require; or if the lands fo located do not lay as nearly in a fquare as circumstances will permit, the faid furveyor-general fhall reduce the bounds to a fquare, or as nearly to a fquare as may be.

6th feff. ch. 11.

IV. And whereas by a law of this flate, entitled, ‡ An act to prevent grants or locations of the land therein mentioned, paffed the 25th July, 1782; certain lands were intended to be referved to the ufe of the ftate: And whereas fuch lands were not otherwife described in the faid law, than as lands "theretofore referved ana applied for public ufes :" And whereas the terms "referved and applie for public ufes," are not only doubtful and indefinite, but no fpecific quantity of land is directed to be fet apart adjacent to places intended to be "re ferved and applied" as aforefaid, and lands fuppofed to be intended by the faid act to be referved, and other lands adjacent thereto, were actually located by virtue of the faid first mentioned act, before the paffing of the faid laft mens. tioned act; and the furveyor-general having no definite directions how to conduct himself in the premises; to explain and remedy which, Be it further Surveyor general enacted by the authority aforefaid, That the faid furveyors indibited from gram general be, and he is hereby inhibited from granting any Lards hereby particu- certificate for either of the feveral tracts of land herein after larly prefribed. particularly specified, or for any part thereof; that is to fay, He fhall not grant any certificate for a certain tract of land adjoining the fouth

ing certificates for

end of Lake-George, within two miles of the fort called Fort-George; for a certain tract of land at Tyconderoga, comprehended by the limits following bounded foutherly and easterly by part of the waters of Lake-Champlain, northerly and wefterly by patented lands; for a certain tract of land at Crown-Point, comprehended within the limits following, to wit; Bounded on the weft, north and eaft, by Lake-Champlain; on the fouth by a west line from the waters of Lake-Champlain on the eaft of the peninfula, so as to comprehend all the vacant lands on the faid peninfula; for a certain tract of land at a peninsula adjoining Lake-Champlain, commonly called PointAufer, bounded on the fouth, eaft and north, by Lake-Champlain, and on the weft by a line across the faid peninfula, on fuch courfe as the faid furveyorgeneral fhall judge mott eligible, fo as to comprehend five hundred acres of land; for two certain tracts of land adjoining Lake-Ontario, where the Onondago river falls into the faid lake, running from the mouth of the faid river, and on both fides thereof, as the fame runs, one mile; then extending northerly and foutherly one mile, with a line perpendicular to the general courfe of the river within the faid mile; thence wefterly, with the faid general courfe to Lake-Ontario; thence northerly and foutherly to the places of beginning; for a certain tract of land adjoining the water communication between Lake-Erie and Lake-Ontario, and to be bounded on the east by a line across a pond, one mile distant from the most easterly inclination of the faid water-communication, on a perpendicular to the general course of the faid communication, and to extend from the faid pond to Lake-Ontario on the one fide, and to Lake-Erie, or to the north boundary line of Pennsylvania, as the cafe may be, on the other fide. For a certain ore-bed lying about eight miles north of Crown-Point, adjoining to Lake-Champlain, commonly called Skeene's ore-bed; for all that certain piece of land adjoining the falls, commonly called Ofwego-Falls, on the Onondago river, beginning twenty chains above where the batteaux were heretofore ufually taken out of the faid river, to be carried across the portage, and extending down the faid river twenty chains below where the batteaux were ufually put into the faid river, after having been tranfported over the faid portage, and extending north-earfterly in every part between the faid two places, ten chains from the faid river; nor fhall any fuch certificates be granted by the faid furveyor, general for any unpatented lands laying in the fouthern difirict of this fiate, Which lands are and for no lands vefted in the people of this state, as confifreferved for the use cated or forfeited by the attainder or conviction of any perfon whatsoever; and that the lands fo inhibited from being certified as aforefaid, fhall be, and hereby are referved to the use of this state; any law to the contrary notwithstanding.

of the ftate.

V. And be it further enacted by the authority aforefaid, That every furvey to be made of any lands located, or to be located by virtue of the faid acts, or either of them, fhall be performed by the furveyor-general, at the expence of the party who located, or may hereafter locate, and that no more than twenty fhillings per day fhall be taken by the faid furveyor-general, for each day he may be employed in and about fuch furvey, making the maps, and in travelling to make fuch furvey, and in returning therefrom, except as in the faid acts is excepted.

VI. And be it further enacted by the authority aforefaid, Certain certificates That all certificates of inliflment given by any perfon appointed by his excellency the governor to mufler men, to be raised by virtue of any of the faid laws, fhall be accepted by the furveyor

to be accepted by furyeyor-general.

general as though fuch perfons had been appointed by virtue of any law of this itate.

VII. And be it further enacted by the authority aforefaid, Land referved to the That the lands herein referved to the ufe of this ftate, and fate, may be leafed for twenty-one years. laying adjoining to Lake-George, Ticonderoga and CrownPoint, fhall and may by the faid commiffioners be leated unto any citizen or citizens of this state, for a term of years not exceeding twenty-one years, and on fuch terms and conditions as the faid commiflioners fhall deem moft beneficial to the intereft of this state.

[The eighth fection of this act is repealed, 8th feff. ch. 23. fec. 2. And both the eighth and ninth fections of this act are repealed, gth leff. ch. 67. fec. 36.]

Reciting, that a cer

tain tract of country

gillature, land was

lutions defcribed.

X. And whereas by a law of this flate, entitled, An act was fet apart for the to prevent grants or locations of the lands therein mentioned, troops of this state; pafled the 25th July, 1782, a tract ofcountry was fet apart, within which the troops of the line of this ftate, lately ferving in the army of the United States, were to be provided with lands: And whereas on the twenty-feventh day of March, in the year one thoufand feven hundred and That by concurrent eighty-three, by concurrent refolutions of the fenate and refolutions of the le- aliembly, a certain quantity of land was promised to each promised to certain of the officers, non-commiffioned officers and privates, and perfons in fich refo- other perfons defignated in the faid concurrent refolutions; Be it therefore further enacted by the authority aforesaid, That the faid commiffioners fhall, by advertisement, to be publifhed in one or more of the news-papers of this ftate, require returns to be laid before them of all perfons or their legal reprefentatives entitled to lands by virtue of the faid act or concurrent refolutions; and having decided thereon, shall certify the names of fuch perfons as fhall appear to them to be entitled to lands, thereby fpecifying the quantity of land to the furveyor-general under the hand of the governor, which certificate fhall alio defignate in what part of the tract of country the land mentioned in fuch certificate fhall be laid out, and thereupon the furveyor-general fhall immediately proceed to lay out the fame in townships of twenty-four thoufand acres, and in a fquare form, or as near to a fquare as circumftances will permit; and shall also subdivide fuch townships into lots of two hundred acres each, on a map or maps, and fhall tranfmit a copy of fuch map or maps to the commiffoners aforefaid, who fhall thereupon proceed by ballot to determine to whom each lot fo laid out fhall belong; and the governor is hereby authorised to grant letters patent for the respective lots, as herein before directed, and the fecretary of the state is hereby required to tranfmit the names of the perfons who fhall fo become entitled to lots, with the number of the lot defignated for each, and the number and name of the township in which such lots lay, to the furveyor-general,

of Cal. Lamb's regi

titled to lands as other

XI. And be it further enacted by the authority aforefaid, Officers and privates That all the officers, non-commiflioned officers and privates, ment of artillery en- Which belonged to the regiment of artillery commanded by fficers and privates. colonel John Lamb, on the first day of January, in the year one thousand feven hundred and eighty-one, and fuch of them as continued in fervice to the end of the war, or their See 12th feff. ch.44. legal reprefentatives, fhall be entitled to the fame quantity of land as other officers, non-commiflioned officers and privates are entitled to by the faid concurrent refolutions of the fenate and alieinbly, paffed the 27th day of March, 1783.

[The twelfth fection of this act is repealed, 9th: feff. ch. 67. fec. 26.]

Perfons entitled to lands to exhibit their

iec. 2.

XIII. And be it further enailed by the authority aforesaid, claim by a given day. That no perfon or perfons whatfoever fhall be entitled to See 12th felf, ch. 44. lands by virtue of the faid act or refolutions, unless fuch perfon or perfons shall respectively exhibit their claim or claims for fuch lands to the commiffioners aforefaid, on or before the first day of May, in the year one thousand seven hundred and eighty-five.

XIV. And be it further enadled by the authority aforesaid, That it shall and may be lawful for the faid commiffioners to direct the furveyor-general to lay out fuch a number of townfhips of unappropriated and unoccupied lands for the Canadian and Nova-Scotia refugees, upon a return figned by brigadier-general Mofes Hazen and colonel James Livingston, or either of them, on the part of the Canadian refugees, and colonel Jeremiah Throop on the part of the Nova-Scotia refugees, at fuch place in the northern part of this ftate as they shall think proper, not exceeding one thousand acres to each of the commillioned officers, and five hundred acres to each other perfon or perfons, refugees as aforefaid. Provided nevertheless, That the faid commillioners fhall not grant any lands to any of the faid Canadian or NovaScotia refugees, unless it fhall appear to them, by fatisfactory proof, that fuch refugees had refpectively actually left Canada or Nova-Scotia before the first day of November, in the year one, thousand seven hundred and eighty-two, and have respectively refided within this flate for the term of two years next preceding the faid day laft mentioned: And the governor fhall direct letters patent to be iffued accordingly, to the faid perfon or perfons refpectively, on his or their paying to the furveyor-general, their proportion of the expence of running out the lines of the faid townships, and the patent fees, as is di7th feff. ch. 60. rected by the act, entitled, ‡ An act to encourage the fettlement of the waste and unappropriated lands within this ftate. XV. And be it further enacted by the authority aforefaid, That the lands hereby directed to be granted to the faid refugees as aforefaid, fhall be fubject to the fame conditions of fettlement and forfeitures, as the lands to be granted by virtue of the act aforefaid, entitled, An act to encourage the fettlement of the waile and unappropriated lands within this ftate.

neral has laid out fuch

XVI. And be it further enacted by the authority aforefaid, After furveyor-ge That when the furveyor-general hall have laid out the lands commiffioners to quantity of land agreeable to fuch directions as he shall reeach lot fhall belong, Ceive from the commiflioners, by virtue of the two laft preAltered oth feff. ch. ceding claufes of this act, and made a fubdivifion thereof,

determine to whom

67. Lec. 34. into lots of two hundred and fifty acres each, on a map or maps, and fhall have tranfinitted a copy of fuch map or maps to the commillioners aforefaid, the faid commiffioners fhall thereupon proceed by ballot, or otherwife, as to them fhall feem best, to determine to which of the faid perfons contained in the returns of the faid general Hazen, colonel Livington, or colonel Throop, the lots refpectively fhall belong.

XVII. And be it further enacted by the authority aforesaid, That the commiffioners appointed by an act, entitled, An act to encourage the fettlement of the wafte and unappropriated lands within this ftate, or any three or more of them, the governor, or perfon adminiftring the government, being always one, are hereby authorifed to direct the furveyor-general ofthis ftate, to lay out fo much of the faid lands into townships, and in fuch manner, as to the faid commiffioners, or any three or more of them, the governor, or perfon adminiftring the government always being one, fhall appear to be maft for the intereft of the ftate; and the furveyor-general is hereby directed

to conform himself, in all things refpecting the laying out and furveying of the faid lands, to fuch orders as he, from time to time, may or fhall receive from the faid commiffioners as aforefaid.

Amended,

faff. ch. 58. 11th fell.

ath feil. ch. 49. 9th An ACT for the speedy Sale of the confifcated and forfeited Eftates within this State, and for other Purposes therein mentioned. Paffed 12th May, 1784.

dı. 90.

WHEREAS the public exigences require that the goods and chattels,

lands and tenements which have been forfeited to, and are now vefted in the people of this ftate, by attainder or conviction, in the progrefs of the late war, fhould be fold and converted into money, and otherwife plied for finking and discharging the public fecurities;

Who are to fell för

fers;

ар

I. Be it therefore enacted by the people of the state of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That the perfon adminiftring the government of this ftate for the time being, fhall 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 commiffion under the great feal of this ftate, feven t commiffioners of forfeitures, viz. Two commiffioners for the fouthern diftrict; one other commiffioner for the middle diftrict; three commiffioners for the western district, and one commiffioner for the eastern diftrict: That it fhall and may be lawful, to and for the faid commiffioner or commiffioners of forfeitures to be appointed by virtue of this act, for the respective districts of this ftate, and they are hereby authorised and required, from time to time, to fell and difpofe of all lands, tenements, hereditaments and real estate, within their refpective diftricts, heretofore confifcated and forfeited Lited eftates and exe- to the people of this state in manner herein after directed, cute deeds to purcha- and to make, feal and deliver to the purchaser or purchasers respectively, or to their respective heirs or affigns, good and fufficient deeds and conveyances in the law, to veft the fame in him or them refpectively: That every fuch purchafer and purchafers, his, her and their heirs and affigns, fhall, by virtue of fuch deed and conveyance refpectively, be fo vested in title, feifin and poffeffion of the lands, tenements and hereditaments fo purchafed, as to have and maintain, in his, her or their name or names, any action for recovery thereof, or damages relating thereto, any actual feifin or poffeffion thereof, in any other perfon or perfons notwithtanding; That every fuch deed and conveyance fhall be deemed to operate as a warranty from the people of this ftate, to the purchafer ate as a warranty from or purchafers refpectively, and their respective heirs and afthat, agatist all figns, for the lands, tenements and hereditaments fo to be respectively granted and conveyed, against all claims, titles an incumbrances whatsoever; and fuch purchafer or purchafers refpectively, and their respective heirs and affigns fhall, in cafe of eviction, have fuch reme dy and relief upon fuch warranty, as is confiftent with good faith, in fuch manner as shall be provided for by future act or acts of the legislature; and if judgment in a due courfe of law fhall be obtained for any lands, tenements

Such deed to oper

claims.

Office of commiffioner of forfeitures ccafid tft September, 1783, and the furveyor-general vested with the authority to fell and difpefe of confiftated eftates, 11th fell, ch. 9ǝ.