XLI. And be it enacted by the authority aforefaid, That the faid commiffioner or commiffioners fhall, out of any monies which may come in his or their hands for rents, make fuitable provision for the fupport and maintenance of any flave or flaves who may be found unable to fupport themselves, and who belonged to, and have not been difpofed of by any perfon or perfons, whofe refpective eftates have become confifcated or forfeited to the people of this flate.

are forfeited, are to

paid.

XLII. And whereas no provision hath yet been made for the settlement and discharge of debts juftly due from perfons convicted and attainted, and whofe eftates are forfeited to, and directed to be fold for the ufe of the people of this ftate, in manner aforefaid; for remedy whereof, Be it further enacted How debts due from by the authority afirefaid, That it fhall and may be lawful perfons whole eftates to and for the court of chancery and the fupreme court of be afcertained and this ftate, and the mayor's court, and court of common pleas in each respective city and county wherein any of the faid forfeited lands, tenements and hereditaments fhall be fituated, or any one of the judges of the faid fupreme court, or any two of the judges of any other of the faid courts refpectively, in the vacation, on the petition of any perfon who was an inhabitant of any of the faid cities or counties on the ninth day of July, one thousand feven hundred and feventy-fix, and who hath not been attainted or convicted, or his or their legal reprefentative, to examine and hear, and according to equity and good confcience, to determine any claim or demand which he, fhe or they may have, or make against any eftate forfeited as aforefaid, for or by reafon of any bond, fpecialty, debt, contract or dealing which fubfifted between fuch petitioner, and the perfon by whofe conviction or attainder the faid eftate become forfeited, prior to the faid ninth day of July, one thousand seven hundred and feventy-fix; and in cafes where accounts may be intricate, or may require great examinations, it fhall and may be lawful to and for fuch courts, or judge or judges refpectively, to refer the fame to be examined and adjusted by one or more auditors, according to the importance of the cafe, at their difcretion, previoufly adminiflring to fuch auditors refpectively, an oath, that they will faithfully and impartially perform the faid truft, according to the beft of their skill and judgment: And every account, clam or demand fo to be adjusted by any auditor or auditors, fhall be reported to, and unless fraud or error fhall be difcovered, confirmed by the court, or judge or judges from whom the auditor or auditors derived his or their appointment; and the faid court, or judge or judges, as well in cafes determined in favour of the petitioner by their own immediate authority, as in those which shall be adjusted and reported to them in favour of a petitioner by an auditor or auditors, fhall, in due form, certify in writing, the fum which fhall fo appear, or be found to be due to the petitioner, and fhall deliver one copy of fuch certificate to the petitioner, and caufe another copy to be tranímitted, as foon as conveniently may be, to the treasurer of the flate for the time being; and the faid treafurer is hereby directed and required, from time to time, to open accounts for the respective forfeited eftates, which fhall be found fubject and liable for any debt or demand duly adjusted and certified as aforefaid; and to credit fuch forfeited eftates refpectively, with all fums of money which fhall be paid to him by any commiffioner or committioners of the faid refpective diftricts, or fhall otherwife arife and come into his hands for the ufe of the people of this ftate, as or for, or on account of the fales, produce or proceeds of fuch forfeited eftates, whether real or perfonal; and the treafurer fhall charge fuch forfeited

go. Lec. 7.

eftates with the feveral debts and demands, which fhall be adjufted and certified to be due and owing therefrom, in manner aforefaid; and it shall be, and is hereby declared to be the duty of the commiffioner and commiffioners of forfeitures of each of the faid refpective difricts, and he and they are refpectively enjoined and required, as foon as he or they fhall have clofed and † See rrth feff. ch. completed the fale of any forfeited eftate within his or their diftrict, forthwith, by writing under his or their hands, to certify and make known to the treafurer, that the fale of fuch forfeited eftates, as far as the fame hath come to his or their knowledge, is clofed and completed, and therewith to render to the faid treafurer, upon his or their corporal oath (to be administered by any juftice of the peace) a just and true account of fuch fale, and thereupon the treasurer, by advertisements to be published not less than thrice in two or more of the public news-papers printed in this state, shall notify and require all per fons relievable by this act, with whofe accounts or demands against fuch forfeited eftate, audited and certified, according to the true intent and meaning hereof, he fhall not then be furnish ed, to exhibit to him their claims or accounts, legally audited and certified as aforefaid, against fuch forfeited eftate, the fale whereof fhall then be closed and completed as aforefaid; and all creditors and claimants who shall not comply with the faid notice and requifition within the space of four months next after the first publication of fuch advertisement, fhall be, and hereby is and are, to all intents and purpofes whatsoever, abfolutely debarred, and forever precluded from all relief, benefit and advantage under, or by force and virtue of this act, or any provifion, article, matter or thing therein contained.

Debts and claime

charge the amount,

XLIII. And be it further enacted by the authority aforefaid, That when all the debts and claims against any forfeited eftates fhall be audited and certified, and exhibited to the faid treasurer, or be debarred and precluded from the benefits and advantages of this act, in the manner herein prefcribed; and fuch forfeited eftate fhall be fold and difpofed of, and the against forfeited ef- accounts of the fale and produce thereof be rendered by tates being audited, the refpective commiffioners to the treafurer, according to the true intent and meaning of this act, it fhall and may be lawful to and for the treasurer for the time being, and he is The Tearer to dif- hereby authorised and required, to fatisfy and discharge the by giving certificates amount of fuch claims and debts, taking a fufficient voucher for the fun, with for the fame, by giving one or more certificate or certificates tereft at 6 per cent. to fuch perfon or perfons, his or their legal reprefentatives, for the fum fo to be found due to him or them refpectively; which certificates fhall bear an intereft of fix per cent. per annum, and fhall be receivable in payment for eftates to be fold by virtue of this act, other than fuch eftates, as are by virtue of this act continued under mortgage for the redemption of the bills of credit, commonly called the new emiffion, and in payment for the wafle and Which fhall be re- unappropriated lands within this ftate, and in payment of ceivable for forfeited all ftate taxes hereafter to be levied in this state, at the fame and unappropriated rates with gold and filver, although the fame may not be mentioned in a future law for the levying of taxes, except And in payment of in any rate or taxes which by law may be directed to be raifed during the prefent meeting of the legiflature; which faid certificates are hereby declared to be negotiable.

lands,

taxes.

XLIV. Provided always, and be it further enacled by the authority aforefaid, That if the produce or proceeds of any fuch forfeited eftates fhall be infufi

cient to fatisfy the whole of the claims and demands, fo to be audited and certified, to be due thereon in purfuance of this act, then, and in every such cafe, it shall and may be lawful to and for the faid treasurer, and he is hereby directed and required to diftribute the monies which shall have arifen from the faid forfeited eftate, among all the claimants or creditors whofe debts and demands fhall be fo afcertained and chargeable thereon by this act, in proportion to the fums certified to be due to each of them respectively, by giving fuch certificates as aforefaid.

XLV. Provided alfo, and be it further enacted by the authority aforefaid, That the feveral creditors or claimants who shall become entitled to relief by virtue of this act, fhall be chargeable with, and pay reasonable f es to the judges, auditors, witneffes and others, for their fervices in auditing, adjusting and certifying their refpective accounts in the manner in this act directed: Provided alfo, That to entitle any claimant or creditor to the benefit of this Oath to be taken act, he fhall make † oath before the faid treafurer, or one of by creditors or claim the judges of the inferior court of the county where fuch +Quakersinayaffirm, claimant or claimants refpectively fhall or may refide, who &th feff. ch.86.fcc.16. are hereby respectively authorised and directed to adminifter toth feff.ch. 33. the fame, that he or she hath not received or fecured, nor expects to receive or fecure any part of the debt or demand which fhall be awarded and certified to be due to him or her, in manner aforefaid, by any ways or means whatfoever, the provifion made for him or her by this act, only excepted.

ants.

whefe eftates are for

debts in fix months

th fel.ch. 18. fec. 2.

XLVI. And be it further enalled by the authority aforefaid, Debtors to perfons That it fhall and may be lawful to and for all and every Eital to pay their perfon or perfons, being citizens of this state, who is or are to the treaturer, in indebted by mortgage, bond, fpeciality, contract or on acmoney or certificates. Count, to any perfon or perfons, whofe eftates, real and perfonal, is or are, by attainder or conviction, forfeited to Farther time given, the people of this ftate, within fix months after the paffing 9th f-ff.ch. 58. fc. 3. of this act, to pay the faid debts, dues and demands, to the ithiel.ch.102.fec.7. treasurer of this state, who is hereby required to receive all fuch debts, dues and demands, in fpecie or other monies, and paper fecurities made receivable in payment upon the fale of forfeited eftates by the fifth fection of this act; and where fuch debts were due from any perfon or persons who have not remained within the enemy's power during the late war, tọ any perfon or perfons who remained with, or went into the enemy's power or lines, and whofe eftates have been refpectively forfeited to the people of this flate, by his or their attainder or conviction refpectively; fuch perfon or perfons being fo indebted, may, in difcharge of fuch debts, in addition to the Other provifion fecurities above mentioned, pay unto the faid treasurer the made, rith fel. ch. like certificates or notes, and be difcharged from any intereft which may have become due on fuch debts, as is directed 16th feff. ch. 1. by the act, entitled, ‡ An act relative to debts due to perfons within the enemy's lines, paffed the 12th day of July, 1782, and upon the payment of fuch debts, dues and demands as aforefaid, the faid treasurer shall give his receipt, which receipt fhall be a fufficient difcharge for fo much of the faid debts, dues and demands: That from and after the expiration of the After fix months, the faid fix months, it fhall and may be lawful to and for the commiffioners to fe faid commiffioner or commiffioners of forfeitures, within his or their respective districts, to afk, demand, fue for, and recover, in his or their own name or names, all debts, dues and demands,

go. fec. 4.

for fuch debts.

U

which are owing, due and payable to any perfon or perfons whofe eftate, real and perfonal, is, or are, by attainder or conviction, forfeited to the people of this ftate, by virtue of any law or laws heretofore paffed, and all and fingular the intereft money due, and to grow due thereon; and that in all profecutions to be brought by the faid commiffioner or commiffioners, in virtue of this act, in any court of record, no efloin, protection, or wager of law, nor more than one imparlance fhall be allowed; and if such fuit or fuits fhall be commenced in any court of equity, then, and in every fuch cafe, the defendant or defendants fhall be compelled to make full answer to the bill, unless the fame be difiniffed on demurrer for want of equity, and the monies recovered by the faid commiffioner or commiffioners, in the faid feveral and respective fuits, fhall, by him or them, from time to time, be paid into the treasury of this flate.

Thomas Clark to ac

XLVII. Whereas Oliver Delancey and Peter Dubois did releafe and con vey certain lands in New-Perth, in Washington county (then called Charlotte county) in fee, to Thomas Clark, fubject to the annual rent of one fhilling per acre, and the faid Thomas Clark conveyed fundry lots and parcels of the faid lands to other tenants in fee, fubject to the faid annual rent; and the right and eftate of the faid Oliver Delancey, by his attainder, having become vefted in the people of this ftate, the faid Thomas Clark, hath, by his petition, prayed the legislature to be difcharged from his covenants for the payment of the faid annual rent, and the other tenants in fee of the faid lands have, by their petition, prayed a remiflion of their rents in count with the com- arrear, or fome part thereof; Be it therefore enacted by the moiety of rents re- authority aforefaid, That the faid commiffioner of forfei ceived by him, for tures for the Eastern diftrict, fhall, and he is hereby authorised lands conveyed to him by Oliver Delan- to require the faid Thomas Clark to account for the moiSee 8th feff. ch. 73. ety of the rents which he hath received for the lands which he held from Oliver Delancey and Peter Dubois, under a yearly rent; and that if the faid Thomas Clark inclines to releafe his right to the faid commiffioner, to the ufe of the people of this flate, fo far as it refpects the eftates conveyed by the faid Oliver Delancey, that the faid commiffioner do accept of fuch releafe.

miffioners for the

oey and Peter Dubois.

Collection of the occupants, stayed, 8th

moiety due from the

feif. ch. 73.

The commiffioners inhibited from felling

or demifing certain

eftates.

dow, roth feff. cl.

XLVIII. And be it further enatied by the authority aforefaid, That the collection of the moiety of the rents ftill due from the tenants occupying the faid lands, be flayed until the legiflature fhall direct otherwife.

XLIX. And be it further enacted by the authority aforefaid, That it fhall not be lawful for the faid commiflioner or commiffioners of forfeitures, to be appointed by virtue of this act, to fell or demife the following eftates, to wit: The farm or plantation fituate in the Eike-Bosh, in the district of Kinderhook, in the county of Albany, forfeited by the con(a) Given to his wi-viction of (a) Andries Kettle; the eflate late of William Zimmer, in the district of Schohary, in the county aforefaid; the lands in poffeffion of Jacobus Mabie, and Jofeph Mabie, in the county of Montgomery; the farm of Charles Heroy, in the county of Dutchefs; the farm in poffeffion of Ruth Fergufon, in the district of Hofick, in the county of Albany; the parfonage and glebe near Continental Village, formerly in poffeffion of Ebenezer Jones; the eftate late of Lucas Vedder, in the faid county of Montgomery; the eftate late of Henry Herring, of Pa

93. fec. 6.

dren, toth fell. ch. $3. fec. 1.

and icy pau! to

26.

93. tec. 7.

fr bis hiren, 10th

(evento his wife

58. 1. 26.

(b)Given to his chil latine district, in the faid county; the eftate late of (6) Jonathan Fowler, Efquire, in the county of Weftchetler; the (ordered to be fold, estate late of (c) Bartholomew Crannel, Efquire, lying withtrafte for creditors, in the precinct of Poughkeepfie; the eftate late of (d) James then. ch. 95. foc. Lamb, lying within the precinct of Haverstraw; the estate (d) Centhischil late of John Turner, fhopkeeper, in the city of New-York; dren, fall. ch. the cftate late of Samuel Striker, of Gravefend, at LongIfland; the estate late of James Hubbart, of Gravefend, in Vefred in trufices King's county, on Naffau-Ifland; the eftate of (e) Benjamin £5uh.92. fec. 3. Clofe, late of Weftchefter county; the houfe and lot of and held, Ith feft ground in the city of New-York, late the property of ch.95 fec. 20. Waldron Blauw, now in the poffeffion of Edward Doughty; Se 9th feff.ch. the (g) parfonage and glebe lands in Philipfborough, in the county of Weltchefter, or any land heretofore belonging to Frederick Philipfe, in the faid county, on which any church or place of public worship is now erected, not referving more than two acres adjoining to fuch church or place of worship; the estate late of Gilbert Purdy, in New(b) See 9th feff. ch. burgh precinct, in the county of Ulfter; the () parfonage and glebe lands in John's-Town, in the county of Montgomery, or any land heretofore belonging to fir John Johnfon, in the faid county, on which any church or place of worship is now erected, not referving more than two acres adjoining to fuch church or place of worship; or the prefent highway, or any part thereof extending either way from the prefent bridge over Speyten-Devil creek, commonly called King's-Bridge, as far as the fame paffes through, or is laid over any lands belonging to the people of this ftate; which faid bridge and highway, extending from each end thereof, as far as the fame is laid over any land belonging to the people of this ftate, fhall be, and hereby is declared to be a public highway, and fhall, forever hereafter, be reserved and kept open 2s a public highway.

8. fec. 25.

Teth. ch. 73.

Lec. 2.

L. And be it further enadled by the authority aforefaid, That the commiffioners of forfeitures to be appointed by virtue of this act, for the fale of forfeited eftates in the fouthern district of this state, shall receive a commiffion of one and one fourth per cent. on the amount of the fales to be made by them, as a reward for their fervices, and in payment of all expences in caufing furveys to be made, and of all other charges and disbursements whatsoever in the execution of their office; and that the commiffioner or commissioners to be appointed in the other diftricts of this ftate, in manner aforefaid, fhall each be allowed the fum of twenty-four fhillings per day, for every day he or they fhall be actually employed in the fervice required of him or them by virtue of this act, for his or their time and perfonal expence, and exclusive of all other neceffary expences from time to time, to accrue in the execution of the powers and authorities that shall be exercised by him or them in virtue of this law.

LI. And be it further enailed by the authority aforefaid, That the treafuer of this flate is hereby required to advance to the commiffioners of forfatures to be appointed by virtue of this act, of the feveral districts respectively; that is to fay, To the commiffioner of the Middle diftrict a fum not exceeding twenty pounds; to the commiffioners of the Western difìrift, a fum not Exceeding one hundred and fifty pounds; and to the commiffioner of the Fattern dilriét, a fum not exceeding thirty pounds, to enable them to proced on the bufincfs enjoined on them by this act.