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1. Be it crated by the people of the flate of New-York, represented in fenate and alemily, and it is hereby er altid by the authurity of the Jume, That all and every person and persons, having taken a leafe or leves for houses, lands or teneinents, before the fifteenth day of September, one thousand feven hundred and seventy-fix, and having been neceilitated to abandon the fame, by reason of the invasion of the fleets or armies of the king of Great-Britain, or his allies, and having not at any time since voluntarily put him, her or themselves under the protection of the said Neets or armies, until a ceffation of hoftilities between the United States of America, and the said king of Great Britain and his subjects, shall be exonerated, released and discharged from the payment of such rents or arrearages of rent, or penalties reserved, made payable or incurred by such leales, while he, she or they were out of the poilellion, and did not enjoy the benefit thereof.
II. And he is further enacted by the authority aforesaid, In all tits againft That in all or every suit or luits which have been, or shall may be given in evi. be commenced and prosecuted on such lease or leafes, for
rent or arrearages thereof, or penalties which have arisen, accrued or been incurred on the fame, while he The, or they were out of the posjetlion, and did not enjoy the use or benefit thereof, by reason aforesaid, all and every such person and persons, lefsees as aforesaid, who now are or hereafter shall be profecuted on any of the said leafes, may give this act and the special matter in evidence, in his, her or their defence. : III. And be it further enaĉied by the authority aforesaid, That wheresoever a judgment has already been ohtained on any such lease as aforesaid, no execution shall issue until the plaintiff or plaintiffs in such suit or action, shall previously have issued a fcire facias against the defendant or defendants, in such füit or action, to Thew cau'è why he or they should not pay the debt or damages recovered in such fuit or action ; and on which fcire facias the defendant may give this act and the special matter aforesaid in evidence, in manner and form mentioned in the preceding clause.
IV. And he it enacted by ihe authority aforesaid, That irfforts to have to the leffors, and their legal representative or representamedy against occupi
tives respectively, shall have the like remedy against the occupiers, their heirs, executors or administrators respectively, of the lands and tenements so by them leased, to the said leflees, the objects of this law, as the respective lesfees would have had during the continuance of such leafés respectively.
-CH A P. LXI. An ACT to appoint the Place of holding the Supreme Court of Judicature
of this Stale, in future, and to proiong the Terms thereof, and for other Purposes therein mentioned.
Passed 7th April, 1785.
court of judicature Niall begin, sit, and be held at the city of NewYork, at the four several times following, to wit, On the third Tuesdays of January, April and October, and on the laft Tuesday of July, in every year ; and that the said several terms or fittings of the fáid court should be held and continue as follows, to wit, The terms of October and April, from the times of their commencement aforesaid, every day (except Sunday) until the end of Saturday in the next ensuing week. And whereas by law
the person administring the government of this staté for the time being, is empowered to appoint the place for holding the said supreme court; in pursuance of which law, the governor did, by proclamation, appoint the city of Albany to be the place for holding the said court : And whereas for the more equal distribution of justice to the citizens of this state, it is now become necessary that two of the said terms or fittings should be in future at the faid city of Albany, and two of them at the city of New-York : And whereas the continuance of the said terms or fittings, during the short spaces of time aforesaid, is attended with great delay of justice; Therefore,
I. Be it enalled by the people of the fate of New York, represented in fenale and assembly, and it is hereby enaéled by the authority of the lime, That for the
Sareme court to future the said supreme court shall begin, fit, and be held at fit at the city of Alf the city of Albany, at the two several times following, to July and October in wit, On the last Tuesday of July, and the third Tuesday in everyone and on the October, in every year; and at the city of New York, the in January and A- two several times following, to wit, On the third Tuesday pril.
of January and April, in every year.
II. And be it further enalled by the aui nority aforeluid, #ww long cach term That the said several terms, or fittings of the said court, shail, to contime.
in future, be held and continued du ing the spaces of line following, to wit; The terms of October and April, from the times of their commencement aforesaid, every day (except Sunday) until the end of the Saturday in the third week next ensuing; and the terms of January and July, from the times of their commencement aforesaid, every day (except Sunday) until the end of Saturday in the next ensuing week. Provided, That whenever the business of the court shall be completed, the court may adjourn until the next term, without fitting, until the end of the term.
III. And be it further enaĉied by the authority a. ore aif, Nextfupreme court That the next supreme court of Judicature, to be held on Tuesday of April, in the third Tuesday of April next, shall be held at the city-hall See yeh sefi. ch. 16. of the city of Albany; any thing in this act to the contrary
IV. and be it further cnafted by the authorily e foresaid, Every day of the That each and every day of the said terms or fittings (exterims to be a return day.
cept Sunday) shall be a return day.
V. And be it further enabled by the authority aforefaid, Ofice of clerk of That the office of the clerk of the said supreme court, Thail a Ne-York, and he be kepi and held in the city of New-York ; and that the obave a deputy in said clerk shall appoint a deputy-clerk of the said court,
which said deputy shall keep and hold an office in the citý of Albany, wherein writs, process
, pieadings, papers and records of the said court, shall and may be filed. Provided nevertheless, The faid writs, pro
To remove his pz. cels, pleadings, papers and records, which fhall be filed in the personre in weryfix office of the faid deputy as aforesaid, mall, once in every fix
mon:hıs, be removed from the office of the faid deputy, and lodged in the office of the clerk of the said supreme court, in the city of NewYork aforesaid. Thue Cixth and fores' lections of iliis act are obfolete, and provided for loth feff. ch. 72. and
the ciglath lection is repealed, 10ih leli. ch. 10. dec. 11.7
muties, to New York.
CH A P. LXXII.
18th . 1. B de
and asembly, and it is hereby enačied by the authority of the same, That it shall and may be lawful for the freeholders and inhabitants of the township of Westchester, in the county of Westchester, to assemble at the usual place of holding town-meetings, on the first Tuesday in May next, and on the first Tuesday in April in every year thereafter, and then and there, in the usual manner of electing town officers, to choose fix freeholders who shall be resident in the said township, for trustees; which trustees, when so cho 1 sen, or a majority of them, shall and may order and dispose of all or any part of the undivided lands within the said township, as fully and amply, to all in. tents, constructions and purposes whatsoever, as trustees have used and been accustomed to do under any patent or patents, charter or charters, heretofore given or granted to the freeholders and inhabitants of the said township, And also, that it Niall and may be lawful for the trustees to be chosen and elected by virtue of this act, to lease out the right and privilege of setting up, keeping and maintaining a ferry across the Eait river, from the said township of Weltchester to the township of Flushing, in Queen's county, in like man ner, and under the same rules and regulations, and for the like purposes as are prescribed for the townships of Oyster-Bay and New-Rochelle, in and by 18th fefl. ch. 46.
an | Act establishing and regulating ferries across the Eait river, between the counties of Queen's and Westchester,
passed at this present meeting of the legislature. Provided Rates of fertiage. always, That the rates of ferriage to be demanded, received or taken at such ferry, to be kept from the said township of Westchester to the township of Flushing, shall not exceed the three fourth parts of the rates of ferriage, for the like persons and articles, by the said act allowed to be taken and received at the ferry to be kept from the township of New-Rochelle.
11. And be it firther enačicd by the authority eforesaid, That the diferiet formerly called and known by the stile of the borough and town of Weftchef ter, shall henceforth be called and known by the name of the townhip of Westchester,
CH A P. LXXII. See 7th cen. ch. 64. An ACT for the Relief of Thomas Curke, and for oiler fec. 47 and 48.
Purposes therein mcrtioned.
Pased 20th April, 1785. WH
HEREAS the undivided moiety of twelve thousand acres of land,
situate in New-Perth, in the county of Washington, lately known by the name of Charlotte county, hath become vested in the seople of this flate, by the attainder of Oliver Dé Lancey, who held the fame, in comunon, with Perer Du Bois. And whereas the faid Peter Du Bois was also attainted--and the said Oliver De Lancey and Peter Du Bois, before their attainder, granted the said twelve thousand acres of land to Thomas Clarke, in fie, referring a yearly rent of one snilling an acre forever, and afterwards the said Thomas Clarke granted the said Jands to a number of persons in severalıy, in fee, rekrving the fame rent on each refpctive grant. And whereas the said Peter
Du Bois, before his attainder, mortgaged his estate in the faid lands for a confiderable sum of money, to Jonathan Mallet; and afterwards, That is to say, On the twentieth day of December, in the year of our lord one thousand feven hundred and seventy, having become insolvent, did grant and convey, among other things, all his estate in the lands above mentioned, to certain trustees therein named, and to their heirs and assigns, to be converted into money ; and after discharging the above mentioned mortgage, to be distributed among his creditors named in a certain schedule annexed to the indenture, purporting such conveyance as aforesaid. And whereas the said Peter Du Bois is since dead, and the faid Thomas Clarke hath, by his humble petition to the legislature, prayed leave to furrender his estate in the said lands, on being released from the covenants entered into by him with the said Oliver De Lancey and Peter Du Bois; and that he may receive a compensation for procuring settlers on the said lands by his industry and exertions, agreeable to certain engagements entered into with lim by the faid Oliver De Lancey and Peter Du Bois ; and the trustees of the creditors of the said Peter Du Bois having signified their desire, that the said Thomas Clarke shall make such surrender, and be discharged from the covenants entered into by him as aforesaid, so far as respects the moiety vested in them under the said Peter Du Bois. And that they may also be more effectually enabled to accomplish the said trust, which from the attainder of one of the faid trustees, is embarraffed with difficulties; and the legislature being willing to comply with the perition of the said Thomas Clarke, so far as the said lands are velted in the people of this state; and in order that the embarrassments attending the execution of the said trust, should be removed ; Therefore,
I. Be it enabled by the people of the flue of New York, represented in fenate and assembly, and it is hereby enaĉicd by the authori'y of the same, That the
The estate and tight estate, right, title, rents, issues, profits, reversions and reof Thomas Clarke in mainders, of and in the said tract of land and premises, reyed to hiin by oli whereof the said Thomas Clarke is in any wise feised, or en
De Lancey and titled by virtue of, or under the grant and conveyance so to one half in the State, him
thereof made by the faid Oliver De Lancey and Peter trustees of Peter Da Du Bois, in manner aforesaid, and all and every indenture, Bois's creditors.
covenant, grant, agreement and reservation to him made and entered into with the said Thomas Clarke, for or in respect of the said tract of land, by all and every his grantees and under-tenants, to whom he hath granted and conveyed the fame, or any part or parcel thereof, shall be, and hereby are fully and absolutely transferred and vested in manner and form following, That is to say, One full and equal undivided moiety, or half part thereof, in the people of this state, and the other full and equal undivided moiety, or half part thereof, in such of the surviving trustees of the creditors of the said Peter Du Bois, as are or may be capable in the law to execute the faid trust, and on or before the twelfth day of August next, shall take an oath faithfully to account to the people of this state, for the surplus of the monies arising from the moiety of the said land and premises, which shall remain in their hands, after paying the debts in the said schedule mentioned, if any surplus iliere shall be; which oath shall be administered by one of the judges of the fupreme court, and filed in the secretary's office. And it shall and may be lawful for the people of this state, and for such of the trustees of the creditors of the said Peter Du Bois, as aforesaid, relj cetively to have and maintain separate suits and actions in their own names feverally, for the recovery each of ike cqual moiety of all or any of the said lands and tencenents, and íhe renes,
issues and profits thereof, or reserved thereupon, which at and immediately before paring of this act, were velted in, or forfeited or due, and in arrear to the said Thomas Clarke, or which thereafter shall or may become forfeited or in arrear, as fully and amply as the said Thomas Clarke might or could have sued for or recovered the same, had this act never been palled.
II. And be it further envied by the au hority afirefaid, That it shall and may be lawful for the commissioner of forfeitures for the eastern district of this itate, and he is hereby authorised and required to grant, fell and dispose of the estate, right and intereit of the people of this state, in and to the moiety of the said lands, and the rents, issues and profits thereof, in the same manner as by law he may or ought to grant and convey other lands and tenements, belonging and forfeited to the people within the said ealtern district. And in like manner it shall be lawful for such trustees or trustee of the creditors of the said Peter Du Buis, to grant, fell and dispose of the moiety of the right, estate and interest fo vested in them, of and in the faid lands and tenements, and the rents, issues and profits thereof. Provided always, That no act or deed, grant or release, action or suit, judgment or execution, to be made, executed, sued or prosecuted on the part of the people of this state, with ref pect to the said lands and tenements, or the rents and profits thereof, shall in any wife affect the moiety thereof so vested in the trustees of the creditors of the said Peter Du Bois, or prejudice or bar any action or fuit by them to be commenced or profecuted respecting the fame ; and that no act or deed, grant or release, action or fuit, judgment or execution to be done, executed, fued or prosecuted by or on the part of the trustees for the creditors of the faid Peter Du Bois, with respect to the moiety of the said lands and premises, or the rents, illues and profits thereof, so vested in them, shall in any way aftect the moiety thereof vested in the people of this state, or bar any action or suit by or for them to be commenced or profecuted respecting the same; but until partition shall be made thereof, the people of this state, their grantees and ailigns, Ahall be entitled to, and have, recover and receive, one equal moiety of the rents, issues and profits, reserved on and payable out of the faid lands and premises ; and the trustees of the said Peter Du Bois, their grantees and alligns, the other equal moiety thereof. Provided always,
That the said trustees of the creditors of the said Peter Du to the treafures for Bois, shall faithfully account to the treasurer of this state, distiends of White
, for any surplus which may remain in their hands, after payLow and Keinp.
ing and satisfying the debts mentioned in the schedule annexed to the deed of trust from the said Peter Du Bois; and also such proportion or dividend of the said estate, as is or may be due to Henry White, Taac Low and John Tabor Kemp, three of the creditors of the laid Peter Du Bois, named in the said schedule, their estate being forfeited to and vested in the people of this state, by attainder ; which proportion or dividend may be paid by the under-tenants of the said Thomas Clarke, proportionably, in such certificates as are receivable by law in the purchase of lands forfeited to the people of this state.
III. And be ii further enaĉied by the authori/y aforesaid, That as a compencacion for the services and expences of the said Thomas Clarke, in promoting ihe feutleinent of the faid lands, the treasurer of this state pay to him the sum of fitty pounds, in specie, and grant to him a certificate or certificates, for one hundred and fify pounds, which shall be receivable in payment on che file of confiscated efates. Provided always, That the faid Thomas Curte Niall previously pay to the said commissioner, such of the rents and ar
Traffees to account