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as the fame does appear from accounts of quit-rents, in the books of the faid late receiver-general, or the accounts of the said treasurer ; and upon the failure of payment of the said quit-rent, and charges of such notices as aforesaid, it shall and may be lawful for the treasurer of this state for the time being, and he is hereby required, by himself or his attorney, or the attorney-general of this state, to apply to the junior justice of the supreme court of judicature of this state for the time being, who is hereby authorised and required, as justice of the court of exchequer for this state, to cause an advertisement to be published in one of the public news-papers printed in the city of NewYork, notifying all persons interested in such lands, to appear before him, on such day and at such place as he shall therein appoint, not less than thirty, nor more than forty days thereafter, to shew cause, if any he, she, or they, hath or have, why so much of the said lands shall not be fold, as will satisfy and pay the said quit-rent, with the charge of such notices: And in cafe no person shall appear at the time and place fo appointed, either in person or by attorney, or if any person or persons shall appear at such time and place, the faid justice Ihall hear the party or parties so appearing, in a fuminary way, and shall thereupon certify under his hand, the sum due for quit-rent on the said lands, together with the charges of the said notices, and the process to issue thereon; and shall then illue process under his seal, directed to the sheriff of the county where the faid lands lie, commanding such sheriff, within sixty days after the teste of such process (which shall be in the name of the people of this state, and tested in the name of the said justice on the day of the date of fuch certificate) to fell at public vendue, to the best bidder, lo much of the said lands, as will pay the sum fo certified to be due for quit-rent, and charges as aforesaid, and the further incidental charges thereon, and to pay the same monies fo certified to be due for quit-rent and charges, to the treasurer of this state, within fixty days after such sale. And every luch sheriff to whom any such process shall be directed, is hereby empowered and required, within fix days after the receipt of such process, to cause advertisements to be affixed on the court-house, and three or more of the most public places in the county where the lands lie, that on such day (which shall not exceed fifty, nor be less than thirty days after the date of such advertisement) so much of the said lands will be sold at public vendue, at the said courthouse, to the best bidder, as will pay the sum mentioned in the faid process, and the charges of advertisement, sale, survey, and conveyance thereof. And upon the day appointed for such fale as is before directed, the fame sale shall be made at the court-house of the county in which the lands lie, between the hours of nine of the clock in the forenoon, and two of the clock in the afternoon ; and at the time of such fale, such per n or persons as will accept of the least quantity of land to pay the sum mentioned in the faid process, and all charges, which such sherift shall then make a true account of, as far as can be then ascertained, shall be deemed the best bidder. And upon fuch fale, such sheriff shall cause such land so fold, to be surveyed, and Thall then, upon the receipt of the purchase-money, make, 'ign, féal and deliver deeds and conveyances thereof, to the purchaser or purchasers thereof; which deeds and conveyances so made and executed, shall be, and are by virtue of this act, declared to be a good, valid and fufficient title, both in law and equity, to all intents and purposes whatsoever; and the purchaser and purchasers of lands by virtue of this act, and their respective heirs and alligns, fhall be hereby severally veiled in and intitled to an ellate in fee fimple, of, and in all and every part of the faid lands, tenuinents and lerediuiments so by
him, her or thein purchased by virtue of this act. Provided always, That the lands fo to be fold by virtue of, and in pursuance of this act, Thall be surveyed and laid out in one entire piece, and at one lide or end of the tract out of which the same shall be sold ; and shall always be of the unimproved land, if there shall be so much thereof unimproved in one piece. Provided also, That in any county in which there shall not be a court-house at the time of such advertisement and sale, the advertisement shall be affixed, and the
sale shall be at the place where the then last inferior court No fale to be made betere the lit Jamuary, of common pleas was held. And provided further, That 1787.
no such fale shall be inade, until after the first day of Janu
ary next. VIII. Ardbe it further enaĉ c d by the authority aforclaid, That every sheriff to whom any such process Ihall be directed and delivered, shall, before le proceeds to execute the same, take an oath, to be administered to him in the words following, to wit: OU shall well, truly, faithfully and honestly discharge the trust
reposed in you by virtue of an act, entitled, An act for the collection and commutation of quit-rents, according to the best of your skill and understanding.
Which oath any justice of the peace is hereby authorised and required to administer, and to give a certificate thereof to the said sheriff, who shall file the same with the clerk of the county in which the lands lie.
IX. And be it further enacted by the authority afurefaid, That the respective theriffs to whom any such process shall be directed and delivered, hall, after the delivery of such deeds and conveyances as aforesaid, and within sixty days after such fale, pay to the treasurer of this fate for the time being, the sum so certified by such justice of the fupreme court, and mentioned in such process to be due for quit-rent on the laid lands, and for charges as aforesaid. And it shall and may be lawful for such sheriff to retain for his own trouble, and the other charges attending fuch file, so much as the justices of the peace of the same county where the lands lie, in their general feffions, shall allow and certify to be due for the fame ; and shall return the surplus of the monies, if any there be, to the person or persons to whoin the lands fo fold did belong immediately before such fale, or if he, she or they cannot be found, then such sheriff shall deliver fuch overplus monies to the faid treafurer, who is hereby required to receive and apply the faine, from time to time, to the payment of the quit-rent that shall become due thereaf. ter from such person or persons ; and the faid sheriff shall, at the same time, deliver to the treasurer, a full and just account of the monics arising froin fuch fale, and of the application of the fame. [Tlie teifth and eleventh sections of this act are repealed, !oth fest. ch. 76. fec. 7.]
XII. And be it further encei cd by the authoriz aforeluid, guitarent on forfei: That no purchaser of forfeited estates shall be liable 10 pay ted remitted.
quit-rents for any lands purchased, or to be purchased by him or her, but the faine, and all the arrearages thereof, shall be, and are hereby forever remitted.
XIII. And be it firther enabied ly the authority aforcjuid, Quit-rents reserved. That all quit-rents reserved in sterling money, shall be comin pu'ed at 175 per cent, puted at and after the rate of one hundred and leventy-five
pounds, lawful money of this flate, for every one hundred
Proclamation mor pounds sterling money aforesaid ; and that all quit-rents a current inuney of reserved in proclamation money, shall be considered as curthis tale.
rent money of this state.
CH A P. XXIV.
An ACT for Relief againf absconding and absent Debtors. !oth cil. ch. 54.
Pafled 4th April, 1786. HEREAS divers persons being indebted within this state, and havtors of their juft dues, do secretly depart the state, and procure their estates and effects, or the value thereof, to be remitted to them ; or conceal themfelves within the state, in order to elude the service of the ordinary proce's of the law, or to bring their creditors to an unreasonable composition. For remedy whereof,
I. Be it cnaged by the people of the fate of New-York, represented in senate and assembly, and it is hereby enated by the authoriiy of the same, That from
Creditors may make and after the palling of this act, whensoever it shall happen application, &c.
that any person or persons whomsoever, being indebted within this state, shall either secretly depart this state, or keep concealed within the same, any one creditor, or joint company, whose debt or demand is due to them jointly, to whom such absconding or concealed person or persons is or are indebted, in the sum of forty pounds, or upwards, or any iwo to whom he, she or they, is or are indebted, in the sum of fixty pounds, or upwards, or any three to whom he, she or they, is or are indebted, in the fum of eighty pounds, or upwards, over and above all discounts, may make application to the judges of the supreme court of this state, for the time being, or any one of them, and inake affidavit or affirmation, in writing, in cases where by law an affirmation is allowed, that the said absconded or So in the original.
concealed perfon or persons, is or are indebted to him, her
or them, in the sum fin one of the sums herein before mentioned, or in any fum exceeding the said sum herein before mentioned, in any of the cafes a forefaid, oyer and above all discounts; and that he, she or they, do verily believe, that the said absconding or concealed person or perfons is or are, either departed the state, or concealed within it, with intent and design to defraud him, her or them, and other creditors, if any fuch there be, of their juli dues, or to avoid being arrested by the ordinary process of Sus departure or
law; which departure or concealment shall also be proved
i be to the satisfaction of such judge or judges, by two credible por sve! by two wit.
witnefles; and on such affidavit or affirmation, and such
other proof made, the said judge or judges, or any one of thein, hereby is and are fully empowered, authorised and required, forthwith to illue his or their warrant or warrants, to the sheriff of the city or county which contains the last usual place of residence of such absconding or concealed person or persons, or to the sheriff or sheriffs of any or every other cy or county within this state, commanding such sheriff or sheriffs respectly to attach, feize, take and safely keep, all the estate, as well real as perfeil, of the said absconding or concealed person or perfons, of what kind or Ladie foever, and every or any part or parcel thereof, in whatever part of
vick they can be found, with all evidences, books of accounts, vouch
13 en and papers relating thereto ; which warrant or warrants the sheriff or
Therios respectively, to whom the same shall be directed and delivered, are hereby required, well and truly to execute, and with the aslistance of two fubftantial freeholders, forthwith to make a just and true inventory of all fuch estate and effects as he shall seize and take by virtue thereof, and to return the same, signed by himself and the said two freeholders, to such judge or judges wbo issued the warrant or warrants for taking and seizing thereof.
II. And be it further enacted by the authority aforefuid, Notice of fuch at. That such judge or judges, who shall issue such warrant or actmt to be given in me devis-papers. Warrants, shall, immediately thereafter, order notice to be given in two of the public news-papers printed in this state, one of which to be printed in the city of New-York, that on application to himn or them made, by a creditor or creditors, as the case may be, of such absconding or concealed person or perions, he has directed all his, her or their estates, real and personal, within this state, to be seized ; and that unless he, she or they, by name, so absconding or concealed, return and discharge his, her or their debt or debts, within three months after such public notice given, all his, her or třicir eftaics, real and personal, will be sold for the payment and satisfaction of his, her or their creditors.
lil. And be it further enacled by the authority aforesaid, That in case any frerit or theriffs shall, by virtue of any warrant or warrants to be issued in pursuance of this act, seize and take any perishable goods or chattles, it shall and nay be lawful for the judge or judges who issued such warrant or war rants, at his or their discretion, to order the sale of such perishable goods and chattles, and the monies arising thereby, to be delivered and paid to the trus tees who shall be appointed in pursuance of the directions of this act.
IV. And be it foriher enaticd by the authority aforejuil, That it any fheir fhall, by virtue of any warrant or warrants to be issued in pursuance of this act, through ignorance or want of proper information, le ze and take any goo-is, chaitles or effects, which shall or may be claimed or clailenged by any person or persons, as his, her or their property, it shall and may be lawful for fứch sheriff thereupon to summon and swear a jury to enquire into, and try the right and property thereof; and if such jury shall, upon such inquel, find the right and property of such goods, chattles or effects, to be in the perion or persons so claiming the fame, or in any other than the person or persons against whose effects or estate such warrant or warrants did iffue, such sheriff shall forthwith, after such inquisition had and taken, deliver fuch goods, chattels and effects, to the person or persons in whom the property thereof Mall be fo found, or to his, her or their agent, attorney or afligns; and fuch sheriff Ihall not be liable to any fuit or profecution, for his having fcized and taken fuci goods, chattles or effects, so seized and taken through ignorance or for want of proper information, and all reasonable charges ariling by the sale of fuch perishable goods or chattles, or by such inquest as aforesaid, shall be allowed and certified by the judge orjiwlges who ilived such warrant, and paid out of the estate or effects of the absconding or concealed person or persons, against whose estate and effects such warrant issued, if the property of such goods, chattles or effects fo claimed, Inall, by such inquifition, be found to be in any other than the person or persons against whole estate or efiets fuch warrant issued; but if the property of the gcods, chattels or effects fo claimed, Nall, by such inquisition, be found to be in the person or persons against whose cítate or erects such warrant of attachment did issue ; then all cotis, charges and expence, accrued or arising by fuch claim and inquisition, or
either of them, shall be paid by the person or persons who claimed the fame, or applied for an inquisition to be had, or occafioned the same to be had and taken.
V. And be it further enacted by the authorily aforesaid, That if any person or persons, indebted to any such absconding or concealed person or persons, or having the custody or posiellion of any effects, or other thing or things whatsoever, of any such absconding or concealed person or perfons, fall, after such first public notice as aforesaid given, pay any debt or demand, or deliver any such effects, or other thing or things whatsoever, to any such absconding or concealed perfon or persons, or his
, her or their attorney, agents, factors or alligns, the person or persons so paying any such debt or demand, or delivering such effects, or other thing or things whatsoever, shall be deemed to have paid or delivered the same fraudulently, and is and are hereby made liable to aniwer the same, or the amount or value thereof, to such trustees, or the survivor of them, as shall by virtue of this act be appointed to receive and distribute the eftatc and effects of such absconding or concealed person or persons, towards the payment and satisfaction of his, her or their creditors; and ifany person or persons indebted to, or having the cuftody or poffellion of any effects, or other thing or things whatsoever, of any absconding or concealed debror or debtors, shall, after such public notice as aforesaid given, be sued by him, her or them, or by his, her or their order, attorney or procurement, for any such debtor debts, duty, demand, effects, or thing, he, the or they fo fued, may plead the general issue, and give this act and the special matter in evidence.
VI. And be it further calcd by the auihority aforesaid, That all sales and conveyances of the estates, lands, goods, chattles or effects of such absconde ing or concealed person or presons, and all assignments of any promifTory note, bill of exchange, fecurity or chose in action, to him, her or them due or belonging, made by him, her or them, after such public notice as aforesaid given, and all letters of attomey by him, her or them, for selling any estate or effects, or collecting any debts or demands, whether made after or before such first public notice as aforesaid given, shall be null and void, to all intents, constructions and purposes whatsoever, as to all acts done or to be done after such first public notice given; any law, ulage or custom to the contrary notwithstanding.
VII. And be it firther cnaelcd by the authorily aforesaid, That if any person or persons, against whose estate or effects such warrant or warrants of attachment as a forelaid shall have issued, shall, at any time before the appointment of trustees for all the creditors of such debtor or debtors, be made either by him, her or them, or by his, her or their attorney or agent, by petition, to the judge or judges who issued such warrant, offer to prove to the court of which he or they is or are judge or judges, in open court, that he, me or thev, againt whose estate or efects such warrant or warrants issued, is or are resident within this state, and were not, at the time such warrant issucd, nor within thirty days preceding, nor at any time afier, and is or are not then absconding or concealed, and thereby pray that the fame may be heard and determined at the then next term of Tucli court; and shall and do, at the faine time, execute and deliver to the creditor or creditors who applied for and obtained such warrant or warrants of attachment, a bond with good and fufficient security, to be approved of by the said judge or judges, in the fum of torty pounds, binding the obligors jointly and severally with a condition, that if such person or perfons by name, against whose estate or effects such