CHA P. LXXII.

An ACT authorising the Freeholders and Inhabitants of the township Weftchefter, to choofe Trustees for the Purpofes therein mentioned.

Paffed 18th April, 1785. 1. BE it enacted by the people of the fate of New-York, represented in senat e

and affembly, and it is hereby enacted by the authority of the fame, That it fhall and may be lawful for the freeholders and inhabitants of the township of Westchester, in the county of Westchester, to affemble at the usual place of holding town-meetings, on the firft Tuesday in May next, and on the first Tuesday in April in every year thereafter, and then and there, in the ufual manner of electing town officers, to choose fix freeholders who shall be refident in the faid townfhip, for truftees; which truftees, when fo chofen, or a majority of them, fhall and may order and difpofe of all or any part of the undivided lands within the faid townfhip, as fully and amply, to all intents, conftructions and purposes whatsoever, as truflées 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 faid township. And alfo, that it fhall and may be lawful for the trustees to be chofen and elected by virtue of this act, to leafe out the right and privilege of fetting up, keeping and maintaining a ferry across the Ealt river, from the faid township of Westchester to the township of Flushing, in Queen's county, in like manner, and under the fame rules and regulations, and for the like purposes as are prefcribed for the townships of Oyfter-Bay and New-Rochelle, in and by 8th fefl, ch. 46. an Act establishing and regulating ferries across the Eaft river, between the counties of Queen's and Weftchester, paffed at this prefent meeting of the legiflature. Provided Rates of ferriage. always, That the rates of ferriage to be demanded, received or taken at such ferry, to be kept from the faid township of Westchester to the township of Flushing, fhall not exceed the three fourth parts of the rates of ferriage, for the like perfons and articles, by the faid act allowed to be taken and received at the ferry to be kept from the township of New-Rochelle.

II. And be it further enacted by the authority aforefaid, That the difric formerly called and known by the ftile of the borough and town of Weftchefter, fhall henceforth be called and known by the name of the township of Weftchefter.

fec. 47 and 48.

See 7th feff. ch. 64. An ACT for the Relief of Thomas Clarke, and for other Purpofes therein mentioned.

Passed 20th April, 1785. HEREAS the undivided moiety of twelve thoufand acres of land. fituate in New-Perth, in the county of Washington, lately known by the name of Charlotte county, hath become vefted in the people of this flate, by the attainder of Oliver De Lancey, who held the fame, in common, with Peter Du Bois. And whereas the faid Peter Du Bois was alfo attainted--and the faid Oliver De Lancey and Peter Du Bois, before their attainder, granted the faid twelve thoufand acres of land to Thomas Clarke, in fe, referving a yearly rent of one fhilling an acre forever, and afterwards the faid Thomas Clarke granted the faid lands to a number of perfons in feveralty, in fee, referving the fame rent on each refpective grant. And whereas the faid Peter

Du Bois, before his attainder, mortgaged his eftate in the faid lands for a confiderable fum of money, to Jonathan Mallet; and afterwards, That is to fay, On the twentieth day of December, in the year of our lord one thoufand feven hundred and feventy, having become infolvent, did grant and convey, among other things, all his eftate in the lands above mentioned, to certain truflees therein named, and to their heirs and affigns, to be converted into money; and after discharging the above mentioned mortgage, to be diftributed among his creditors named in a certain schedule annexed to the indenture, purporting fuch conveyance as aforefaid. And whereas the faid Peter Du Bois is fince dead, and the faid Thomas Clarke hath, by his humble petition to the legislature, prayed leave to furrender his eftate in the faid lands, on being released from the covenants entered into by him with the faid Oliver De Lancey and Peter Du Bois; and that he may receive a compenfation for procuring fettlers on the faid lands by his induftry and exertions, agreeable to certain engagements entered into with him by the faid Oliver De Lancey and Peter Du Bois; and the trustees of the creditors of the faid Peter Du Bois having fignified their defire, that the faid Thomas Clarke shall make fuch furrender, and be difcharged from the covenants entered into by him as aforefaid, fo far as refpects the moiety vested in them under the faid Peter Du Bois. And that they may also be more effectually enabled to accomplish the faid truft, which from the attainder of one of the faid trustees, is embarraffed with difficulties; and the legiflature being willing to comply with the petition of the faid Thomas Clarke, fo far as the faid lands are vetted in the people of this ftate; and in order that the embarra fiments attending the execution of the faid trust, should be removed; Therefore,

certain lands, con

Peter Du Bois vefted

and the other in the

I. Be it enalled by the people of the flue of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That the The eftate and right eftate, right, title, rents, iffues, profits, reverfions and reof Thomas Clarke in mainders, of and in the faid tract of land and premises, veyed to him by Oli- whereof the faid Thomas Clarke is in any wife feifed, or enver De Lancey and titled by virtue of, or under the grant and conveyance fo to one half in the state, him thereof made by the faid Oliver De Lancey and Peter traftees of Peter Du Du Bois, in manner aforefaid, and all and every indenture, Bois's creditors. covenant, grant, agreement and refervation to him made and entered into with the faid Thomas Clarke, for or in respect of the faid 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, fhall be, and hereby are fully and abfolutely transferred and vefled in manner and form following, That is to fay, One full and equal undivided moiety, or half part thereof, in the people of this ftate, and the other full and equal undivided moiety, or half part thereof, in fuch of the furviving truflees of the creditors of the faid Peter Du Bois, as are or may be capable in the law to execute the faid truft, and on or before the twelfth day of Auguft next, fhall take an oath faithfully to account to the people of this ftate, for the furplus of the monies arifing from the moiety of the faid land and premifes, which fhall remain in their hands, after paying the debts in the faid felicdule mentioned, if any furplus there fhall be; which oath fhall be administered by one of the judges of the fupreme court, and filed in the fecretary's office. And it shall and may be lawful for the people of this ftate, and for fuch of the trufces of the creditors of the faid Peter Du Bois, as aforefaid, refpectively to have and maintain feparate fuits and actions in their own names feverally, for the recovery each of the equal moiety of all or any of the faid lands and tentments, and the rents,

iffues and profits thereof, or referved thereupon, which at and immediately before paffing of this act, were vested in, or forfeited or due, and in arrear to the faid Thomas Clarke, or which thereafter shall or may become forfeited or in arrear, as fully and amply as the faid Thomas Clarke might or could have fued for or recovered the fame, had this act never been paffed.

II. And be it further enacted by the authority aforefaid, That it fhall and may be lawful for the commiftioner of forfeitures for the eaftern diftrict of this ftate, and he is hereby authorised and required to grant, fell and difpofe of the eftate, right and intereft of the people of this ftate, in and to the moiety of the faid lands, and the rents, iffues and profits thereof, in the fame manner as by law he may or ought to grant and convey other lands and tenements, belonging and forfeited to the people within the faid eastern diftri&t. And in like manner it fhall be lawful for fuch trustees or trustee of the creditors of the faid Peter Du Bois, to grant, fell and difpofe of the moiety of the right, eftate and interest so vested in them, of and in the faid lands and tenements, and the rents, iffues and profits thereof. Provided always, That no act or deed, grant or release, action or fuit, judgment or execution, to be made, executed, fued or profecuted on the part of the people of this flate, with ref pect to the faid lands and tenements, or the rents and profits thereof, fhall in any wife affect the moiety thereof fo vefted in the trustees of the creditors of the faid Peter Du Bois, or prejudice or bar any action or fuit by them to be commenced or profecuted refpecting the fame; and that no act or deed, grant or releafe, action or fuit, judgment or execution to be done, executed, fued or profecuted by or on the part of the truftees for the creditors of the faid Peter Du Bois, with respect to the moiety of the faid lands and premises, or the rents, illues and profits thereof, fo vefted in them, fhall in any way affect the moiety thereof vested in the people of this ftate, or bar any action or fuit by or for them to be commenced or profecuted refpecting the fame; but until partition fhall be made thereof, the people of this ftate, their grantees and affigns, fhall be entitled to, and have, recover and receive, one equal moiety of the rents, iffues and profits, referved on and payable out of the faid lands and premifes; and the trustees of the faid Peter Du Bois, their grantees and affigns, the other equal moiety thereof. Provided always, That the faid truffees of the creditors of the faid Peter Ďu to the treaturer for Bois, fhall faithfully account to the treasurer of this ftate, furplus, and for the dividends of White, for any furplus which may remain in their hands, after pay→ ing and fatisfying the debts mentioned in the schedule annexed to the deed of truft from the faid Peter Du Bois; and alfo fuch proportion or dividend of the faid eftate, as is or may be due to Henry White, aac Low and John Tabor Kemp, three of the creditors of the faid Peter Du Bois, named in the faid schedule, their eftate being forfeited to and vested in the people of this ftate, by attainder; which proportion or dividend may be paid by the under-tenants of the faid Thomas Clarke, proportionably, in fuch certificates as are receivable by law in the purchase of lands forfeited to the people of this flate.

Traftees to account

Low and Kemp.

II. And be it further enacted by the authority aforefaid, That as a compenfation for the fervices and expences of the faid Thomas Clarke, in promoting the fettlement of the faid lands, the treasurer of this ftate pay to him the fum of fifty pounds, in fpecie, and grant to him a certificate or certificates, for one hundred and fify pounds, which fhall be receivable in payment on the fale of confifcated cflates. Provided always, That the faid Thomas Clarke fhall previously pay to the faid commiffioner, fuch of the rents and ar

rears of rent, as the faid Thomas Clarke has received from any of the tenants aforefaid, and which he has not paid, or for which he has not accounted to the faid Oliver De Lancey and Peter Du Bois. And provided alfo, That the faid Thomas Clarke do previously pay to the faid commiflioner, fuch fum or fums of money as he fhall or may have received in confequence of his fale of any of the faid lands, on account of the tenants not paying their rents, or not performing any of the covenants or agreements contained in any of the leafes granted to the faid tenants; and that in fuch cafe, the faid Thomas Clarke, his heirs, executors and administrators, fhall be finally dif charged from the covenants by him entered into with the faid Oliver De Lancey and Peter Du Bois, refpecting the faid lands.

CHAP. LXXX.

An ACT authorifing the Auditor to audit certain Accounts and Claims, and for other Purpojes there mentioned.

BE

Paffed 22d April, 1785, Eit enated by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That the auditor of this state be, and is hereby directed to liquidate the accounts of Udny Hay, late ftate agent, in the best manner he can, and to obtain from the faid Udny Hay, all the accounts and vouchers he has in his poffellion, with a particular account of the monies he has advanced to the deputies un der him; and the faid auditor is hereby directed to charge cach refpective deputy with the amount of each refpective fum, and each of them refpectively, are hereby directed to fettle with the faid auditor in three months from the paffing this act.

to the auditor, all

I

II. And be it further enabled by the authority aforesaid, Deputies to produce That the refpective deputies fhall produce to the auditor, all vouchers refpecting the accounts and vouchers refpecting their agency; and their agency on oath. they fhall particularly make a return of all the certificates they have respectively iffued, to whom iffued, and to what amount; and fhall take the following oath (or if of the people called quakers) affirmation: do folemnly fwear (or affirm) that the return here with delivered to the auditor of this ftate, is a juft and true return of all the cetificates I have counterfigned as deputy under the state agent; andthat I have iffued none but to perfons from whom I have actually received fupplies, cr fervices performed for the ufe of the army, to the amount of the fum mentioned in fuch certificate; and that fuch fupplies furnished, were difpofed of, and fervices performed, were agreeable to the direction of the ftate agent; and the faid return here with delivered, contains the whole number I have if fued.

to late the accounts

III. And be it further enacted by the authority aforefaid, How the auditor is That the faid auditor is hereby directed, from the accounts of the agent and his delivered in by the faid agent and his deputies, to examine deputies. and enter in a book, alphabetically, the names of all perfons to whom certificates have been given, by whoin counterfigned, and for what amount; a copy of which he is to deliver to the treasurer of this flate; and the faid treasurer is hereby directed to enter in a book for the purpofe, the number of each certificate that is paid in to him; the name of the deputy who counterfigned them, name of the perfon in whofe favor the certificate

who issued them.

was drawn, and the amount thereof; and to carefully examine and compare the faid account with that delivered in by the auditor; and if on fuch examination he finds any certificates paid in to him, and for which there is no return made thereof by the agent, or any of his deputies, it is hereby made the duty of the treasurer to examine into every fuch cafe; and where it appears to him, there has been certificates iflued with an intent to defraud the itate, the faid treasurer is hereby directed to profecute to effect, every fuch perfon IV. And be it further enacted by the authority aforefaid, Commiffion allowed That the auditor, in liquidating the accounts of the faid state agent, fhall allow the faid deputies, in lieu of all pay and fervices, as follows: For purchafing every hundred weight of meal or flour, one fhilling; every bufhel of grain and vegetables, four pence per bufhel; every hundred weight of beef or pork, one fhilling and fix pence; and twelve fhillings per day for purchafing hay, while in actual service.

the deputies in lieu of

*pay.

V. And be it further enacted by the au hority aforefaid, That all balances that may be found due to any or either of the deputies under the state agent, the treafurer is hereby directed to give every fuch perfon, upon producing a certificate from the auditor, a certificate for the amount thereof, bearing intereft at five per cent. per annum ; which certificates fhall be fuch as are receivable in the purchase of forfeited and confiscated eftates.

VI. And whereas it is probable, in the fettlement of the faid ftate agent's accounts, that difficulties may arife, for want of vouchers and papers that have been destroyed by fire; Be it enacted, That the auditor in the fettlement of all the accounts with the faid ftate agent and his deputies, fhall take his directions from the committee appointed by the legiflature on the eighteenth day of November laft, and shall state the faid accounts in fuch manner as they fhall direct; and fhall, for want of proper vouchers, admit fuch evidence as the committee may think proper; and the faid committee are hereby authorifed and directed to admit fuch evidence upon every particular cafe, as they may think proper, and to adjust and settle all fuch accounts upon the principles of equity and good confcience.

eute militia officers

7th fefl. ch. 45. VII. And whereas by an act, entitled, ‡ An act for the fettlement of the pay of the levies and militia, paffed the twenty-feventh day of April, one thoufand feven hundred and eighty-four, the officers receiving certificates for fervices, are directed, within nine months, to render a juft and true account of the delivery of the fame, with vouchers of payment; and in cafe any fhall remain in his or their hands, fhall return the fame to the faid treafurer: And whereas it has been reprefented to the legiflature, that abufes have been committed by fome of the Treafurer to profe officers, and the certificates not delivered agreeable to law; who have not accoun- the faid treafurer fhall, and is hereby directed to profecute, in three months after the expiration of the faid nine months, in his own name, in any court of record in this ftate, having cognizance of the fame, every delinquent perfon, and for the whole amount of fuch fums for which certificates were illued: And the treasurer is hereby directed to require of every perfon returning fuch vouchers and receipts, to take the following oath before him, or any juftice of the peace in this ftate, that the receipts they refpectively produce from the individuals to whom the certificates belonged, were, bona fide, figned by them, or their legal reprefentatives,

ted for certificates, &c.

This is a mistake, no fuch committee was appointed on that day; but Le 8th Leff, ch. 18. fec. 22.