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reus of rent, as the said Thomas Clarke has received from any of the tenants aforesaid, and which he has not paid, or for which he has not accounted to the said Oliver De Lancey and Peter Du Bois. And provided allo, That the faid Thomas Clarke do previously pay to the faid commillioner, such fum or sums of money as he fall or may have received in confequence of his fale of any of the said lands, on account of the tenants not paying their TENIS, or not performing any of the covenants or agreements contained in any of the leases granted to the said tenants; and that such case, the faid Thomas Clarke, his heirs, executors and administrators, shall be finally difcharged from the covenants by him entered into with the faid Oliver De Lancey and Peter Du Bois, respecting the said lands.
CH A P. LXXX. Aa ACT authorifing the Audit or to audit certain Accounts and Clufins, and for other Purposes there mentioned.
Palled 22d April, 1785, Eit ena?ed by the people of the falc of New-York, represented in ferate and
iled by the authority of the fine, That the auditor of this state be, and is hereby directed to liquidate the accounts of Udny Hay, late state agent, in the best manner he can, and to obtain from the faid Udny Hay, all the accounts and vouchers he has in luis poflellion, with a particular account of the monies he has advanced to the deputies un. der him; and the said auditor is hereby directed to charge each respective deputy with the amount of each refpective sum, and each of them respectively, are hereby directed to settle with the said auditor in three months from the passing this act.
II. And be it further enacted by t’e authori'y afurefuist, Deputies to produce That the respective deputics shall produce to the auliior, all vouchers refpeéting the accounts and vouchers respecting their agency; and fixir agency on oatho they shall particularly make a return of ail the certificates they have respectively issued, to whom issued, and to what amount; ara shall take the following oath (or if of the people called quakers) affirmation:
do folemnly swear (or affirm) that the return here with de
I livered to the
tificates I have counterligned as deputy under the state agent; andthat I have illued none but to persons from whom I have actually received supplies, er services performed for the use of the army, to the amount of the sum mentioned in such certificate ; and that such supplies furnished, were disposed of, and services performed, were agreeable to the direction of the ftate agent; and the faid retum here with delivered, contains the whole number I have is. sued.
III. And be it further ended by the authority afirefund, Hw the auditor is That the said auditor is hereby directed, from the accounts of the agent and his delivered in by the laid 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 whom counterligned, and for what amount ; a copy of which he is to deliver to the treaturer of this state ; and the faid treasurer is hereby directed to enter in a book for the purpose, the number of each certificate that is paid in to hiin; the name of the deputy who countersigned them, name of the person in whose favor the certificate
was drawn, and the amount thereof; and to carefully examine and compare the said account with that delivered in by the auditor; and if on such 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 treafurer to examine into every such case; and where it appears to han, there has been certificates illued with an intent to defraud the itate, the said treasurer is hereby directed to prosecute to effect, every such person who issued them.
IV. And be it further enailed by the authority aforesaid, Commission allowed. That the auditor, in liquidating the accounts of the faid the deputies in lieu of pay.
state agent, shall allow the said deputies, in lieu of all pay and services, as follows: For purchating every hundred weight of meal or flour, one shilling; every bushel of grain and vegetables, four pence per bulhel; every hundred weight of beef or pork, one shilling and fix pence; and twelve shillings per day for purchasing hay, while in actual service.
V. And be il further enitted by the au hority aforefuid, That all balances that may be found due to any or either of the deputies under the state agent, the treasurer is hereby directed to give every such person, upon producing a certificate from the auditor, a certificate for the aimount thereof, bearing interest at five per cent. per annum ; which certificates shall be such as are receivable in the purchase of forfeited and confiscated estates.
VI. And whereas it is probable, in the settlement of the said state agent's accounts, thrat difficulties inay arise, for want of vouchers and papers that have been destroyed by fire; Be it enacted, That the auditor in the settlement of all the accounts with the said state agent and his deputies, shall take his directions from the committee appointed by the legislature on the | eighteenth day of November last, and shall state the faid accounts in such manner as they Thall direct ; and shall, for want of proper vouchers, admit such evidence as the committee may think proper ; and the said coininittee are hereby authorised and directed to admit such evidence upon every particular case, as they may think proper, and to adjust and settle all fuch accounts upon the principles of equity and good conscience. * 7th refl. ch. 45.
VII. And whereas by an act, entitled, † An act for the
settlement of the pay of the levies and militia, passed the twenty-seventh day of April, one thousand seven hundred and eighty-four, the officers receiving certificates for services, are directed, within nine months, to render a just and true account of the delivery of the fame, with vouchers of payment; and in case any shall remain in his or their hands, shall return the fame to the faid treasurer : And where as it has been represented to the
legislature, that abuses have been committed by some of the
to oute inilitia officers officers, and the certificates not delivered agreeable to law; who have not accoun- the said treasurer Mall, and is hereby directed to prosecute, ted for certificates, &c.
in three months after the expiration of the faid nine months, in his own name, in any court of record in this state, having cognizance of the same, every delinquent person, and for the whole amount of such sums for which certificates were iflued : And the treasurer is hereby directed to require of every person returning fuch vouchers and receipts, to take the following oath before him, or any justice of the peace in this state, that the receipts they respectively produce from the individuals to whom the certifi. cates belonged, were, bona fide, signed by them, or their legal representatives,
This is a mistake, no such committee was appointed on that day; but Le 8 (. ch. 18. fec. 22.
to the best of their knowledge and belief; which oath faid treasurer is hereby authorised to administer.
VIII. And whereas large sums of money have been advanced from time to time, in the course of the late war, to persons who have not as yet accounted for the fame, and other persons have in their hands monies for property by them fold, belonging to the state ; and as it is necessary that all such accounts should be immediately settled; Be it enaĉed by the authorily af refid, That the treasurer of this state do notify all persons who are indebted to this state, in one or more newspapers printed in the cities of NewYork and Albany, for fix weeks successively, to bring in their accou.... and vouchers for settiement, on or before the first day of October next, and in case of neglect or refusal, the treasurer is hereby directed to profecute, in his own name, to effect, every such delinquent person.
IX. And be it further ennced by the authorily aforesaid, That the auditor of this fate, by and with the consent of the committee appointed to assist the auditor, be, and is hereby authorised to liquidate and settle any account or claims which any of the citizens of this state may have against the said ftate agent or any of his deputies. And the treasurer of this state is hereby directed, uzon certificate of the auditor, to grant a certificate for such fums reipectively, as may be found due.
X. And be il further endeled by the authorily aforefid, That the collector for the ports of New-York and Sagg-Harbour, shall respectively produce to the auditor of this state, within two months from the pailing of this act, a true and just return on oath, of all the goods, wares and merchandize subject
to duty by the act pailed the twenty-second day of March, 7th feff. ch. 10.
one thousand seven hundred and eighty-four, entitled, † An aet imposing duties on the importation of certain goods, wares and merChandize ; and al'o a true and just return of all the fees received in each reirective office ; and on a final examination and settlement of each respective account, the auditor of this state is hereby directed to certify to the treasurer the amount thereof, and the treasurer is hereby direcred to call on each re, fpe&tive colle&tor, for the balance of each account, if any be due.
XI. And be il further enačied by the authority afirefaid, Where a balance is That the auditor of this state, upon the settlement of each to be fettled and paid. respective account where there is a balance due to the state, the committee appointed to assist the said auditor shall, with the auditor and treafurer, or a majority of them, determine how the faid balance Phall be paid into the treasury; and the said committee, with the auditor and treasurer, are hereby authorised to examine and ascertain upon each particular account, upon the principles of equity and good confcience, and determine what balances ought to be paid in the paper inoney and other state fecurities, and what in specie.
XII. And whereas great abuses have been committed by the treasurers under the late colony, in converting the public money to private uses, by which means the state have suffered great lolies; and it becomes the duty of the legislature, in future to provide against every such abuse ; Be it evačicd
by the authority aforesaid, That the committee appointed When, and how the state treasurer's ac. to allist the auditor in the settlement of the public accounts, munes are to be exa- be, and is hereby authorised and directed to examine into
the accounts of the treasurer of this state, and his successors in office, and from time to time, and at least once in every year, to ascertain and fully balance his account for the preceding year; and once in every fix
months after passing this act, they are hereby directed to ascertain and examine his cash account, and to see whether the balance due to the state is actually in the treasury; and the faid committee are hereby directed to lay a ftate of the treasury before the legislature, at their next meeting.
XIII. And be u further endded by the authori'y aforesaid, Fourth section of That the fourth section of the act, entitled, An act for the the rendue act repealed.
regulation of sales by public auction, palled the || tenth day tych feff. ch. 4.
of February, one thousand seven hundred and eighty-four, be, and is hereby repealed.
XIV. And be it further enached by the authority aforesaid, Vendue-masters to That every vendue-mafter or vendue-masters, auctioneer montis w die trea- or auctioneers, qualified and licenced as is by the before-re
cited act directed, and during the continuance thereof, who shall fell and dispose of any goods, chattels, wares, merchandize or effects, at public vendue, auction or outcry, shall, within twenty days after the expiration of every three months, the first three months to be computed from the date of the licence granted to such vendue-master or vendue-masters, auctioneer or auctioneers respectively, render a just and true account in writing, by him or them respectively, with his or their name or names subfcribed, to the treasurer of this state for the time being, of all goods, wares, merchandize or effects, by him or them sold at public vendue, auction or outcry, from the time of his or their appointment, or the time that the last account by him or them was rendered to the treasurer as aforesaid, the amount of each day's sale, and the days when the fame were respectively fold; and shall thereupon take the following oath, or (if of the people called Quakers) affirmation :
do folemnly and sincerely swear (or affirın) that the account now justi and true account of all the goods, wares, merchandize and effects sold by me, subject to duty by law, within the time mentioned in the said account, and of the days upon which the fame were respectively fold. So help me God. And in ten days to
And such vendue-master or vendue-masters, auctioneer pay the duties paya. or auctioneers respectively, shall, within ten days after the ble by thein.
rendering of such account and taking the said oath, pay to the treasurer of this state for the time being, the amount of the duty upon such account of sales by virtue of this act, according to the true intent and meaning thereof. Provided always, That it all and may be lawful for such vendue-master or auctioneer, whose residence shall be more than sixty miles from the city of New-York, to render his faid account, and to pay the amount of such duties as by this act he is directed to pay unto the treasurer of this state, within twenty days after the expiration of every six months, the first fix months to be computed from the date of the licence granted to such vendue-master or auctioneer.
XV. And be il further criated by the authority aforcfuid, That if any auctioneer or auctioneers shall neglect or refuse to render in his or their account, or to pay the money due from him or them to the state, for the duties, according to law, the treasurer of this state shall and may, in every case of such neglect and refusal, certify and publish the same in one or more of the public news-papers of this state; and from the time of publishing such advertisement
| This is a mistake, the act paffed the twentieth. See 7th fed. c. 4.
carn, nay affirin,
as aforesaid, the licence of every fuch delinquent auctioneer shall be, and is bereby declared to be revoked, null and void.
XVI. And be it further enafled by the authority afore, aid, Quakers entitled to That when any person or persons that are entitled to the of act for the tale of relief provided by the forty-fifin section of the act, entitled, kicad or taking the # An act for the ipeedy sale of the confiscated and forfeited
estates within this state, and for other purposes therein men# 7th fell. ch. 64. tioned, pailed the twelfth day of May, one thousand feven hundred and eighty-four, are of the people called Quakers, it shall be lawful for them to affirm, instead of taking the oath therein prescribed.
XVII. And be it further en..eled by the autherily afiresaid, That the treafurer of this state is hereby authorized and required to grant a certificate in the usual form, bearing interest at the rate of five per cent. per annum, from the time such money ought to be paid, as a bounty for apprehending deserters, + 4th Sef. ch. 63. to any person or persons producing a certificate agreeable to
* 4th fef. ch. 63. an act, entitled, † An act to encourage the apprehending of deserters from the troops of this state, serving in the army of the United States, passed the first day of July, one thousand seven hundred and eighty
XVIII. And be it further enailed by the authority aforesaid, That it shall be lawful for the commissioners of forfeitures, and for the late commisi.oners of sequestration, in the respective districts, and they are hereby directed to receive from the persons who are or were the tenants on forfeited or fequef tered estates, for rents due from such tenants respectively, previous to the first day of April, one thousand seven hundred and eighty-tlıree, such certi. ficates as are directed to be received in payment for forfeited estates, by an act, entitled, An act for the speedy sale of the confiscated and forfeited eftates within this state, and for other purposes therein mentioned, palied the twelfth day of May, one thoufand seven hundred and eighty-four ; and that it shall be lawful for the late commiffioners of sequestration in the several counties in this state, or any other person or persons properly authoriled by hw for that purpose, to take and receive in payment from any person indebted to the commillioners, for any article or articles heretofoie fold by them, any of the certificates aforesaid. Provided, That where rents are reserved in wheat, the said commillioners are hereby directed to charge each respective tenant at and after the rate of eight shillings per bushel. Provided, That such payments are made before the first day of October next: And also provided, That no interest shall be allowed or computed on the said certificates in their payments for the rents, and articl fold as aforesaid.
XIX. And whereas, in the thirty-second clause of the Sk feff.ch. 16., act, entitled, † An act to compel the payment of the arrears so in the original.
of taxes, for enforcing the payment of (* the arrears of taxes, for enforcing the payment of fines and amerciaments, obliging ferits to give security for the due execution of their offices, and for other purposes, pafied November the twenty-fixth, one thousand feven hundred and eightyFour, no express authority is given io the treasurer to sue for, recover and receive of such sheriff'or lneritis fo accounting, the money for which he may be fo accountable to the auditor of this flate, pursuant to the laid thirty-second clause of the above mentioned act: Therefore, be it further eračied by the authority aforesaid, That the treasurer of this state for the time being, be, and bit is liereby directed and empowered to sue for, recover and receive of and