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in the act for the fpeedy fale of confiscated and forfeited estates, within this state, and for other purposes therein mentioned, passed 12th May, 1784, to the contrary in any wise notwithstanding.
XXVI. And be it further enadied by the authority aforesaid, that the several persons who have been commissioners of sequestration in the several counties in this state, who have not already done it, shall exhibit and file in the office of the auditor of this state, an account, on oath, according to the best of their knowledge, of the personal estate by them seized or fold, by virtue of any law of this state, and of the monies by them received in consequence of such sales, or of any houses, lands or tenements, by them leased on rent, and pay such monies into the treasury of this state, after deducting such expences and fees as are by law allowed for their services, on or before the first day of June next; and that every such commissioner neglecting or refusing so to do, shall forfeit and pay to the people of this state, the penal sum of five hundred pounds, besides costs, to be recovered in the name of the treasurer of this state, whose duty it is hereby declared to be to prosecute for the fame; and the auditor of this state is hereby directed to publish this clause, in one of the news-papers printed in the cities of New-York and Albany respectively, for four weeks successively, within three months from the palling of this act.
XXVII. Provided nevertheless, and be it further enabled by the authority aforesaid, That it shall not be lawful for any person or persons, to sue or profecute the faid commillioners of sequestration, or any of them, for any act or acts which they, or any of them, have done, in or about the execution of the trust reposed in them.
LAWS of the State of NEW-YORK,
Passed in the Eighth Session of the Legislature, held at
the City of New-York, by Adjournment.
с нА Р. XXIV. An ACT to enable the Trustees of Southampton, in Sifolk County, to 18 up certain public Roads therein mentioned.
Pafted 26th February, 1785.
of town of Southampton, in Suffolk county, have petitioned the legiflature at their present meeting, that they may be enabled to fence across the public roads running through a large iract of land, known hy the name of Shenicoc Plains, within the township of Southampton aforeoid, and to fix swinging gates at each end of the respective roads running through the faid plains, which will prevent the expence and trouble of making and keping in repair a great length of fence along the main roads running through uc faid plains;
I. Be it enacted by the people of the fate of Ncu-Yrk, represented in senede kad effembly, and it is hereby encicted by the authority of the Juic, That it shall and may be lawful for the truitlees of the treel:o.ders and commonalty of the town of Southampton aforétaid, for the time being, from time to time, whenever they shall deem it necellary, to enclose within fence the said tract of land or plains, at such place or places as they fall deem moft convenient : Provided always, That the faid trullecs fail keep and maintain, or cause to be kept and maintained, on every public road running through the land fo to be enclosed in tence as aforefaid, one or more good and fufficient swinging gate or gates as may be necellary, as well for the conveniency of the inhabitants of the said town as tur travelers.
II. whid be it fieriher enalicd ły ihe authority aforesaid, Penalty forinjuring That whosoever Thall at any time cut, break or otherwise er leasing open tence er gates.
injure such fence or fences, when so put up as aforesaid, or fake or otherwise iesve open, falten up or injure any or either of such gates, when put up and provided as aforesaid, shall
, for each and every such of fence, forfeit and pay a fum not exceeding five pounds, to be recovered with costs, be wore any justice of the peace of the faid county; one moiety of which forfeiture shall be paid to the overseers of the poor in the said town, to be applied to the benefit of the poor in the said town, and the other moiety to the perion vrho shall sue for and recover the same.
CH A P. XXVII. An ACT for making Process in Courts of Lqui y efecual againA Mortgages who abjiond, and cannot be served therewith, or who retife io appear.
Patied 7th March, 1785. "BE
E it enaced by ihe people of the flatc of New-Yurk, represented in jenude
and ljembly, ni il is hereby encicled by ire authority of the fame, That if any luit hereafier to be commenced by a mortgagee in any court of equity, againit any mortgagor against whom a fubpæna or other proceis thall issue, fuch mortgagor shall not cause his, her, or their appearance to be entered upon such process in such a manner as according to the rules of the court the fame ought to have been entered in cale fuch process had been duly served ; and an affidavit shall be made to the satisfaction of such court, that such mortgagor is withdrawn out of this flate, or cannot upon due en quiry be found within the same, so as to be served with such process; that in fuch case, the court out of which such process issued, may make an order, directing such mortgagor to appear at a certain day therein named; a copy of which shall, within twenty days, be in lerted in at least two of the public news-papers printed in this flate, for the term of eight weeks ; and if such mortgagor do not appear within the time limited by such order, or within fuch further time as the court shall appoint ; then, on proof made of the publication of such order in marner aforesaid, the court being satisfied of the truth thereof, may order the plaintiff's bill to be taken, pro ccnfefio, and thereupon decree a fale of the mortgages premises, or only part or parts thereof, as to the frid court shall seem just and right.
II. Be it further cruced by ile lilichority firiscid, That before Toured free free any decreeskall be made on such bill, ihe court shall cause mbrarpraifei. Airte ai to appraise
the mortgaged premises to be appraried on oath by two inIeth fell.ch. 53.
different persons to be appointed by the court, that the va
lue of the fame may be known to the court, as nearly as may be, before the decree be made ; and upon such decree for de fle of
-fore a decree the
the mortgaged premises, or such part thereof as shall be thought fufficient to discharge the debt due to such mortgagee, together with his coits, a writ shall be issued from such court to the sheriff of the county where such mortgaged premises lie, commanding him to make sale of the lands decreed to be sold at public vendue, and to return the monies arising by the sales into couit, at a day to be mentioned in the same writ, not less than three months after the tefte, and the day on which such writ issued : And the said sheriff all thereupon cause an advertisement or notice of the intended fale of fuch lands, to be inserted in one or more of the public news-papers printed in this state, and continue the same in the said paper or papers weekly for fix weeks, before the day to be by him appointed for the sale of the lame; and at the day to by him notified, shall proceed to sell the same to the highest bidder, and shall execute deeds for the same to the purchaser, in such manner as the case may require, and such deeds shall be of the same validity, and as beneficial to the purchaser as if such deed had been executed by the mortgagee and mortgagor, and shall be judged an intire bar against them and each of them, and their and each of their heirs, both in law and equity; and the monies arising by the sale of the said mortgaged premises, shall be applied to pay off and discharge the debt due to such mortgagee, with such costs as the court Shall award, and the remainder, if any be, shall he put at interest
, on such fecurity as the said court shall think sufficient, and the same shall be paid to the mortgagor or mortgagors, or his, her or their executors, administrators or assigns, upon his or their application to the court for the fame : Provided always, That no greater estate in the premises sold, shall at any time be granted or conveyed by the sheriff to fuch purchaser, than would have velted in the mortgagee, had the equity of redemption been duly foreclosed.
III. Provided also, and be il further enacted by the authority afirelaid, That if the mortgagor or mortgagors shall at any time before the fale made by the sheriff, in pursuance of such writ issued to him as aforesaid, cause his appearance to be duly entered in such court, and Mall pay such costs to the mortgagee or mortgagees as the said court shall think reasonable ; that then a fuperledeas shall illue from the said court, directed to the sheriff to stay his proceeding to the sale of such mortgaged premises; and upon such appearance being entered, fuch proceedings all and may be thereupon had, as if an appearance had been entered within such time and in such manner, as according to the rules of the court, the fame ought to have been entered, in case the first process in the suit had been duly served.
IV. And be it fierther enačied by the authorisy aforesaid, That in all cases in which as aforesaid a decree for the sale of the mortgaged premises snall be made, and the mortgagee or mortgagees shall be paid the money alledged by him, her or them, to be due as above directed, that it shall and may be Jiwfil for any such mortgagor or mortgagors, within the space of féven years from the time of the tale of such mortgaged premises, if he, the or they find himself, herself or themselves aggrieved, and that the mortgagee or Tortgagees hath received more money than was due to him, her or them, on the mortgage, to file his, her or their bill in the faid court, against such mortgagee or mortgagees, to compel him, her or them to account with and settle what was really and truly the fuin due to such mortgagve or mortgagees, at the time of the sale of the mortgaged premises, and to refund and repay to him, her or them, what shall be found tuch mortgagee or mortgagees Irath been over paid, together with interest from the time of such payment made, with colts of fuit, this former decree for the sale of the mortgaged premises no withilanding.
5. And be it further enacted by the authority aforeluid, That if any morto Ezgor or mortgagors, by virtue of any writ of habeas corpus, or other proceis issuing out of any court of equity, shall be brought into court, and İhall refuse to cause an appearance to be entered according to the rules of the court, such court shall and may appoint a clerk in court, or attorney of such court, to enter such mortgagor's appearance, and such proceedings may be thereupon had in the cause, as if the party had actually appeared.
VI. And be it further enaĉicd by the authority aforesaid, This set to extend That all and singular the provisions in this act Niall be, and Befritures and repre- hereby are extended to the several and respective commif basis of wisa: Lioners of forfeitures appointed in pursuance of an act, en
It ii. ch.04. titled, 1 An act for the speedy sale of the confiscated and forfeited estates within this state, and for other purposes therein mentioned, pailed 12th of May, 1784, within the several districts in this fiate, in all cases wber any morigagee or mortgagees shall have been attainted or convicted, and who e eftate, real and perional, by such attainder or conviction has become forfeited to the people of this state, and also to the legal representative and representatives of every mortgagee or mortgagees, and inortgagor or mong 3-5.
CH A P. XXXIII. #ACTf r the Iudemnification of the Commissioners of Sequeftraiion, and the
Coners of Forfeitures, and the Lefees under them, and for other Pur19;es therein mentioned.
Pasied 14th March, 1785, Eit ena led by the people of the fac of Nerv-York, rep ejerted in ferute und
flexbly, and it is hereby enacted by the authority of the lime, That the baie commiflioners of sequestration within the several counties of this Itatt', hall be, and they are hereby declared to be indemnifed for all and every Irafe and leases made or given by them, of iands and tenements, the property of persons who, at any time during the late war, had gone over to, remained with, or joined the enemy. And that no fuit or suits already brought, bail be maintained, or hereafter commenced against the faid commillioners of sequestration, or against any person or persons holding under them, by any person or persons claiming property in or to such lands and tenements: Aluch indemnification thall also be, and hereby is extended to the commilioners of forfeitures for the several districts of this state, and the lefsees under them. Provided always, That nothing herein contained shall be confrued to bar or preclude any fuit or suits, which may
be brought for the recovery of damages fustained by wanton and unneceffary walle and defiruction.
II. And whereas certain lands, tenements and hereditainents, forfeited to the people of this state, are so circumstanced that they cannot be speedily sold, and is authority is vested in the commissioners of forfeitures to demise the fame after the first day of May next; Be it therefore enucled by the authority Carmiffioners
aforesaid, That the commissioners of forfeitures for the sevFritures may leafe eral districts of this state, shall be, and hereby are authorised
to demise such lands, teneinents and hereditaments, for any term not exceeding one year, after the fir! day of May next.
pritain lands for anc
wliere it was bolted or baked.
CHA P. XXXV. Simplementary ad, An ACT 101 prevent the Exporiation of unmerchantable tich Teil. ch 58. Flour, and ihe falje Tureing of Lread and Flour Casks.
Pailed 16th March, 1785. HEREAS it is necesary that great care be taken to preferve the
reputation of Flour, one of the Itaple commodities of this state; I. Be it iherefre ennéled by the people of the fate of New-York, represented in female and affembly, and it is hereby ernafted by the cuthority of the fome,
Every bolter and That every bolter of Hour, and baker of bread, for exportabaker to have a brand. tion from this state, sall, each one for himself, provide and every calk of this or have a difinguishable brand-mark, with the initial letter of bitenit, bolte a or ba· his christian name, and his firname at full length, and snail befize reinosed from there with brand each and every calk of hour and biscuit of
his own bolting or baking for exportation from this state,
before the same be removed from the place where the same shall be so bolted or baked, under the penalty of one shilling for every calk fo removed and not branded as aforesaid.
II. sind be it further enaĉied by the authority afurefuid, That all wheat flour boited for exportation as aforesaid, shall, by the bolter thereof, be made merchantable, and of due fineness, and honeily and well packed in good and Atrong casks well made, and of staves well seasoned, with the tare of the casks marked thereon; and each and every cask thereoffhall be well hooped with ten hoops at least, three of which to be on cach head, and shall be well and sufficiently nailed before the same shall be removed or carried from the place where the same thall be packed as aforesaid; and every bolter ollunding in all or any of the premises, thail forfeit and pay, for every such o lence, the fum of two shillings. And to prevent flour in casks from being packed too hard, and to render the weighing of every cak unnecessary, there snail be but two fizes, one of which fizes to contain two hundred and twenty-four pounds neat, and the other size one hundred and nine y-lix pounds neat; and for that purpose the cask shall be made of the following dimensions; that is, Such as is to contain two hundred and twenty-four pounds, the faves shall be of the length of twenty-seven inches, and the diameter of each head eighteen inches ; and those that are to contain one hundred and ninety-lix pounds neat, to be also of the length of twenty-fiven inches, and the diameter of each head fixteen inches and an half, and the calks shall be made nearly Araight, for the convenience of ilowing in veficls, and on the head of each caík of flower shall be branded with a branding-iron, the neat weight of each barrel.
III. And be it further chalced b; the authority aircuid, Any person putting That if any person or perions hall put a file brand of the weight or wrong tue weight on any cask of flour, such peron shall forfcit, for em a pumaly, and to every cask fo falfely branded, the sum of ten shillings, or to be recovered and shall put a falfe or wrong tare on any calk of tour or bread
to the disadvantage of the purchair, he, she or they, shall forfeit and pay, for every such caík falsely tared as aforesaid, the fun of five
illings, to the inspector or other person discovering the fame, to be recovered before any juslice of the peace in the county where the fraud is committed.
IV. And be it further enabled by the authority ofwelaid, No flour to be ex: That no flour shall be shipped for exportation out of this portest without being infp-tel. ftate, before the same flour ihall have been submitted to the view and examination, and been inspected and approved by one of the inspec
a fall brand of the