or here itaments which fhall be fold by virtue of this act, against any perfor or perfons having derived title thereto, from or under the people of this flate, or either of the faid commiffioners, the perfon or perfons having fo obtained judgment, fhall not have any writ of pofleflion, nor obtain the poffeflion of fuch lands, tenements or hereditaments, until he, the or they shall have paid to the perfon or perions poffefling the title thereto, derived from or under the people of this ftate, or the faid commiflioners, or either of them, the value of all improvements made thereon after the paffing of this act, as the fame fhall be estimated, valued and afcertained by two or more appraisers; which appraisers fhall be by rule for that purpofe appointed, by the court in which fuch judgment fhall have been obtained, unless the parties fhall agree on the value of fuch improvements, or agree on and fubmit to appraifers to value the fame.

either at private fale or public vendue.

II. And be it further enacted by the authority aforefaid, Coinmiffioners to fell That it shall and may be lawful to and for the faid commiffioner or commiffioners of forfeitures, and they are hereby fully authorised to fell and difpofe of all the confifcated and forfeited lands, tenements and hereditaments within their respect ve districts, at public vendue, to the highest bidder or bidders, or at private fale, or by either of the faid modes which he or they may deem to be most beneficial to this state; and that the fame shall be fold in fuch parcels as the commiffioner or commiffioners fhall from time to time think proper; firft giving fix weeks notice of the fale or fales fo to be made by public vendue, in two or more of the public news-papers of this ftate, containing a defcription as to the quantity, by eftimation, of the lands, tenements and hereditaments to be fold;* the fituation thereof, and the name or names of the perfon or perfons, by the attainder or conviction of whom the faid lands, tenements and hereditaments are deemed to have become forfeited. Provided always, That fuch lands, tenements and hereditaments fhall, in the first place, be put up for fale at public vendue, and that if the commiffioner or commiffioners felling the fame, fhall deem that the highest bidder hath not bidden a fum equal to what fuch commiflioner or commilioners fhall conceive to be the true value thereof, or nearly fo, that then he or they fhall adjourn the fale to a future day; and if at fuch future day he or they fhall not be able to procure what fhall be deemed by him or them to be the value thereof, or nearly fo, he or they fhall no longer be bound to expofe the fame at public vendue, but may proceed to difpofe of the fame by private contract and fale, firft duly advertifing the fame as is herein after directed with refpect to unimproved lands to be fold at private fale in the eastern and western districts: And provided alfo, That if the faid commiffioner or commiffioners for the faid eastern and western diftricts, fhall deem it prejudicial to the interest of this ftate, to fell and difpofe of the unimproved lands, or any part thereof, in the faid diftricts, at public vendue, he or they are hereby authorised to fell and difpofe of the fame at private fale in the first inftance; firft advertifing in two of the public news-papers of this ftate, for four weeks, the lands fo intended for fale, and the times and places when and where they will attend to treat for the fale thereof.

Where forfeited

III. And be it further enacted by the authority aforesaid, Jan ls are mortgaged, That in cafe any of the faid forfeited lands, tenements or he com.nitioners thall reditaments, fhall appear to the faid refpective commifliondemption only. ers to be legally charged, or incumbered by mortgage duly executed before the ninth day of July, in the year one

fill the equity of re

thereon.

thoufand feven hundred and feventy-fix, to or for the ufe of any perfon or
perfons not attainted or convicted; the faid refpective commifioners fhall,
in manner aforefaid, fell and difpofe of the equity of redemption of fuch
mortgaged premises only: That every affignment by any perfon or perfons,
attainted or convicted as aforefaid, to a perion or perfons not attainted or con-
victed, of a mortgage legally charged on any of the forfeited lands, tene-
ments or hereditaments aforefaid, by the perfon under whofe attainder or
conviction the faid lands, tenements or hereditaments became forfeited, fhall
be deemed and adjudged to be good and valid: Provided, That it fhall be
If executed prior to proved, by competent witneffes, to the fatisfaction of the
9th July, 1776. chancellor, or any of the justices of the fupreme court, that
the faid affignment was duly executed in due form of law prior to the ninth
day of July, in the year laft aforefaid; and in fuch cafe the faid refpective
commiffioners fhall, in like manner, fell and difpofe of only the equity of re-
demption of fuch mortgaged premifes: And where any fuch lands, tene-
Where lands are ments or hereditaments, fhall be claimed to stand charged
mortgaged after 9th and incumbered by mortgage, made or executed between
July, 1776, the chan-
cellor to enquire into the faid ninth day of July, in the year one thoufand seven
the merits, and decide hundred and feventy-fix, and the time when, in virtue of
any attainder or conviction, the fame became forfeited to
the people of this ftate, it shall and may be lawful to and for the chancellor
of this ftate, and he is hereby authorifed and required, on the petition of the
commiffioner or commiffioners having the charge thereof on the part of the
ftate, and of the claimant under fuch mortgage or pretended mortgage, or
either of them, to proceed in a fummary way to enquire into the merits of
fuch claim, and after hearing the parties, to make a final decifion thereupon;
and if by fuch decifion the mortgage fhall be decreed to be valid, the com
miffioner or commiffioners fhall, in manner aforefaid, fell and difpofe only of
the equity of redemption thereof: And all mortgages made or executed by
any perfon or perfons attainted or convicted as aforefaid, to another perfon in
like manner attainted or convicted, fhall be, and hereby are declared to be, to
all intents, conftructions and purposes, null and void; and it shall be lawful
to and for the respective commiffioner or commiffioners, having the care of
any forfeited lands, tenements or hereditaments, claimed to be fubject to. or in-
cumbered by fuch mortgage, to proceed to the fale difpofal, grant and con-
veyance thereof, in the fame manner as he or they could or ought to have
done, if no fuch mortgage ever had been made or executed; and if it fhall
appear to the faid commiffioner or commiflioners, that any forfeited lands,
tenements or hereditaments within his or their diftricts refpectively, ftand
charged or incumbered by judgment or judgments legally obtained or reco-
vered in any court of record, prior to the faid ninth day of July, in the year
one thousand seven hundred and feventy-fix, by, at the fuit or for the use of,
any perfon or perfons not attainted or convicted as aforesaid, fuch judgment
or judgments being in force and effect, and remaining unfatisfied, then, and
in every fuch cafe, it fhall and may be lawful to and for fuch commiffioner or
commiffioners refpectively, and he and they are hereby authorised and requir-
ed, to fell, difpole of, grant and convey, in manner aforefaid, all fuch lands,
tenements or hereditaments, fubject and liable to fuch judgment or judgments,
and incumbrances.

IV. And be it further enacted by the authority aforefaid, That whenever any claim fhall be made by a perfon or perfons, on any lands, tenements or hereditaments, forfeited to the people of this ftate, by the attainder or con

viction of any perfon or perfons, by contract or bargain, in writing, for the purchafe of any fuch lands, tenements and hereditaments, made before the ninth day of July, in the year one thousand feven hundred and feventy-fix, and not carried into complete execution, it shall and may be lawful to and for the chancellor of this flate, to proceed in a fummary way to enquire into the merits of fuch claim, in like manner as is directed in the preceding fection in cafes of mortgages, and to make a final decifion thereon; and in cafe it fhall be decreed that the whole purchafe money has been paid for any fuch lands, tenements or hereditaments, it fhall be the duty of the faid commif fioner or commiflioners, to give a conveyance to the claimant for the premifes; but if it fhall be decreed that a part only of the purchase money has been paid by the claimant, the faid commiffioner or commiffioners fhall, on receiving the fum fo decreed to be due, if paid in gold or filver within three months next after fuch decree, give a deed or conveyance for fuch lands, tenements or hereditaments, to fuch claimant : Provided nevertheless, That no claim as aforefaid, on any lands, tenements or hereditaments, forfeited as aforefaid, fhall be admitted by the chancellor, unless the fame be made within fix weeks after the paffing of this act, or before the lands, tenements or hereditaments on which fuch claim is made, are fold by the faid commiflioner or cornfilioners, and a certificate thereof figned by the faid commiffioner or commiflioners, be produced to the faid chancellor by the claimant, certifying that the lands, tenements or hereditaments, on which fuch claim is made, are not fold.

ney and certificates

what rate.

V. And be it enacted by the authority aforefaid, That it What kinds of mo- fhall and may be lawful for the faid commissioner or commay be received in miffioners to receive in payment, for any lands, tenements payment for lands fold by this act, and at or hereditaments in and by this act directed to be fold, the following fpecies of money, † certificates and other paper + fecurities, except for the payment of lands, tenements and hereditaments herein after other wife directed to be made; that is to fay, Gold or filver at its refpective legal or current value; bills of credit emitted in pursuance of an act of (a) 4th feff. ch. 46. this fate, entitled, (a) An act for emitting monies upon the credit of this ftate, pafled the 27th day of March, in the year 1781, for gold or filver; bills of credit emitted in pursuance (b) 3d feff. ch. 64. Of an act of this flate, entitled, (b) An act approving of the act of congress of the 18th March, 1780, relative to the finances of the United States, and making provifion for redeeming the proportion of this ftate of the bills of credit to be emitted in pursuance of the faid act of congrefs, paffed June 15th, 1780; bills of credit emitted by the authority of the provincial congrefs of this flate, while it was a colony, and by the convention of this flate, at the rate of one dollar in filver for every one hundred and twenty nominal dollars in fuch bills; bills of credit emitted by the authority of congrefs, or of the United States of America in congrefs affembled, at the rate of one dollar in filver for every one hundred and twenty nominal dollars in fuch bills; bills of credit emitted by the authority of the legislature of the late colony, now ftate of New-York, at the rate of one pound in gold and filver for every one hundred and twenty pounds nominal value in fuch bills; certificates iffued by the treafurer of this ftate, for monies borrowed for the use of this ftate, and directed to be paid by an

† Other certificates made receivable, 9th feff. ch. 58. fec. 1.

No public fecurities, except thofe figned by the treaturer or auditor, receivable on fales of forfeited eltates, inade after 21st March, 1788. See 11th feff, ch. 9o. fec. 3.

(e) 3d feff. ch. 31. act, entitled, (c) An act to provide for the payment of certain contingent expences of this ftate, paffed the 25th day of October, 1779, reduced to the value of gold or filver by the continental scale of depreciation; certificates iffued by the agent of this ftate, in purfuance of an act, en(d) 3d fail. ch. 69. titled, (a) An act to procure fupplies for the ufe of the army, and to prevent a monopoly of cattle within this ftate, and more effectually to prevent fupplies of cattle to the enemy, paffed the 24th day of June, 1780; certificates iffued by the treafurer of this flate in purfuance of an act, entitled, (c) An act to provide for the pay(e) 3d fell. ch. 73. ment of certain monies taken on loan by this fate, paffed the 30th day of June, 1780, at the rate of one dollar in filver for every forty of the nominal dollars fpecified in fuch certificates; warrants, with receipts thereon endorfed, given by virtue of the act, entitled, (f) An (f) 33 feff. ch. 78. act to complete the continental battalions, raifed under the direction of this ftate, paffed the 1ft day of July, 1780, at the rate of one dollar in filver for every bufhel of wheat fpecified in fuch warrants; certifi cates granted for horfes purchafed by this ftate, for the ufe of the armies of the United States, in the year one thoufand feven hundred and eighty; atcounts liquidated and certified, or certificates granted by the late auditor-general of this ftate, or the auditor of the ftate for the time being, reduced to fpecie value (if not already fo reduced) by the continental scale of depreciation; certificates iffued by the auditors appointed in purfuance of the act, entitled, (g) An act to liquidate and fettle the accounts of (3) 4th feff ch. 7. the troops of this ftate in the fervice of the United States, paffed the 4th day of October, 1780; certificates iflued by the continental commiffioner of loans in this ftate, for monies lent to the United States, reduced to their value in fpecie by the continental fcale of depreciation; certificates given, or which may be given, by virtue of the act, entitled, (4) An act to empower the auditors appointed to liquidate (h) 7th feff. ch. 19. and fettle the accounts of the troops of this flate in the forrice of the United States, to grant certificates to the troops of this flate in the fervice of the United States, for their pay accrued for the time therein mentioned, paffed at this prefent meeting of the legiflature; certificates given or to be given by the continental commiffioner or commiflioners of accounts within this ftate, for fervices performed, or articles delivered by the inhabitants of this ftate for the ufe of the United States; certificates given or to be given by the commiflioners appointed by virtue of (i) An act for the appointment of commiflioners to procure monies on loan, and clothing for the ufe of this ftare, pafied the 7th of March, 1781; certificates given or to be given ().ch. 45. by virtue of (k) An act for the fettlement of the pay of the levies and militia for their fervices in the late war, and for other purposes therein mentioned, paffed at this prefent dren to be al- meeting of the legislature; and that the intereft due, or to become due to the time of fale, fhall be allowed to the perfon or perfons fo paying the fame; and that all fuch of the

4h ff, ch. 20.

A the

interes

erdere orale, faid notes, certificates or fecurities herein before mentioned,

2. 45.

ared to be here- and which are not negotiable, fhall be, and hereby are declared to be negotiable from and after the pafting of this act, any law to the contrary in any wife notwithstanding.

VI. A d be it enacted by the authority aforefad, That of pay no greater or further fum in bills of credit emitted by the ongs for lands authority of congrefs, or of the United States of America

in bille erited

tain fum.

fold, limited to a cer- in congrefs affembled, than the fum of five millions of dol lars, in such bills, fhall be received in payment for the lands, tenements and hereditaments directed to be fold by this act, and the act, entitled, An act to encourage the fettlement of the waste and unappropriated lands within this ftate, pafled at this prefent meeting of the legislature: And it is hereby made the duty of the faid commitioner and commiffioners, on the receipt of any fum in fuch bills, immediately to transmit an account thereof to the treafurer, who is hereby directed, whenever he fhall find that fuch bills which he may have in the treatury, together with the like bills, which may be in the hands of the faid commiffioner or commiffioners, will amount to the faid fum of five millions of dollars, to order the faid commiffioner and commiffioners not to receive any further fums in fuch bills, which order the faid commiflioner and commiflioners are to obferve; and the faid treasurer fhall not, after giving the said order, receive any further fum in fuch bills, in payment for walte and unappropriated lands directed to be fold, in and by the faid act last recited.

VII. Ad be it enated by the authority aforefaid, That Purchafers to pay whenever the faid commiflioner or commiffioners fhall make one third of purchase money down. fale of any lands, tenements or hereditaments, by public vendue or private fale, the perfon or perfons to whom fuch fale fhall be made, fhall immediately pay unto the faid commillioner or commiffioners the one third part of the purchale money, and fhall, with the faid commiffioner or commiffioners, reciprocally fubfcribe a memorandum or note in writing of fuch fale and payAnd the remainder ment; and fuch perfon or perfons fhall, on or before the firft 1st June, 1785. day of June, in the year one thousand feven hundred and cighty-five,pay the remaining fum due on fuch fale mentioned in the faid memo

Al ered, randum or note; upon which laft payment, such person or 8th feff. ch. 49. perfons, or his, her or their legal reprefentatives, fhall be en9th feff.ch. 58. fec. 13. titled to deeds and conveyances for the lands, tenements or hereditaments by him or them fo purchafed; and if the faid laft payment be in certificates or other paper fecurities bearing an intereft, no intereft fhall be allowed or reckoned thereon, other than fuch as had accrued at the time of On failure of pay. the fale of the lands, tenements or hereditaments aforefaid; ment on the given and in cafe fuch laft payment fhall not be paid within the to be forfeited, and time above-mentioned, the faid one third part of the purthe lands fold again. chafe money paid to the faid commiffioner or commiffioners, fhall be forfeited to the people of this ftate; and the faid lands, tenements or hereditaments, fhall be again fold at public vendue or private fale, in the manner by this act directed."

day, the firit payment

eates received to be

fioners, who are to

VIII. And be it enacied by the authority aforesaid, That Monies and certifi- it fhall be the duty of the faid commiffioner or commiffion tranfmitted to the ers, and they are hereby required, from time to time, to treasurer by commit. tranfmit to the treafury all fuch fpecies of money, certificates account every fix and other paper fecurities, as he or they may receive in payment for the lands, tenements or hereditaments directed to be fold by this act; and fhall, once in every fix months, account with the treafurer for all fuch monies, certificates and other paper fecurities by him or them received in purfuance thereof.

months.

IX. And whereas certain lands, tenements and hereditaments, which have become forfeited, and vefted in the people of this flate, are charged with the redemption of certain bills of credit emitted purfuant to the acts herein after mentioned: And whereas the lands, tenements and hereditaments fo