And that no authority or power can, of right, be exercised in or over the faid ftate, but what is, or fhall be granted by or derived from the people thereof. And further, That as a good fubject of the faid free and independentitate of New-York, I will, to the best of my knowledge and ability, faithfully do my duty; and as I fhall keep or difregard this oath: So help and deal with me Almighty God.

fend them within the

II. And be it further enacted by the authority aforefaid, And on refufil to That if on the faid oath or affirmation being fo tendered, Chemy's lines, &c. the faid perfon or perfons fhall refuse to take the fame, the faid commiffioners do forthwith remove the faid perfon or perfons fo refufing, to any place within the enemy's lines, and by writing under their hands and feals, certify the names of fuch perfon or perfons to the fecretary of this flate, who is hereby required to record and file the faid certificates.

III. And be it further enacted by the authority aforefaid, That if any of the faid neutrals fhall abfcond or absent himself with an apparent view to avoid the force of this act, the faid commiffioners fhall, by notice published in one or more of the news-papers of this flate, demand of the faid perfon or perfons, fo abfconding or abfenting, to appear before them, at fuch place in this ftate, and at fuch time, not exceeding twenty-one days from the time of fuch publication, as they fhall aflign. And further, That default in fuch appearance, fhall be adjudged to amount to and is hereby declared to be a refufal to take the faid oath or affirmation.

IV. And be it further enacted by the authority aforefaid, That if any of the perfons removed to places within the enemy's lines by the faid commillioners, in purfuance of this act, or, who having as aforefaid, abfconded or abfented, shall not, on notice as aforefaid, appear before the faid commiffioners, and take the oath or affirmation aforefaid, fhall thereafter be found in any part of this ftate; fuch perfon or perfons fo found, fhall, on conviction thereof, be adjudged guilty of mifprifion of treafon.

taxed.

V. And to the end that this flate may be in fome measure compenfated for the injuries it has fuftained, by the evil example or practices of the faid neutrals, and that others may be deterred on fimilar occafions, from acting a part fo unmanly and ignominious; Be it further enacted by the authority Their lands double aforefaid, That all lands held in this ftate, on the twentyfixth day of June inftant, in fee fimple, or fee tail, or which may hereafter be acquired by, or devifed, granted, or deNot to be raifel until fcend to any of the perfons who fhall refufe to take the fperial provifion be made for the purpose. aforefaid oath or affirmation, when called upon by the faid 3 fell. cl. 47. fec. 10. commiffioners, fhall forever thereafter be charged with double taxes, in wholefoever hands the faid lands may hereafter be.

VI. And be it further enacted by the authority aforefaid, That the faid commiflioners, previous to the removal of the feveral perions within the enemy's lines, fhall, from time to time, notify the perfon adminiftring the government of this state for the time being, of the feveral perfons fo to be removed, who is hereby authorised to detain and confine fuch of the faid perfons as he fhall think proper, for the purpofe of exchanging them for any of the fubjects of this ftate in the power of the enemy.

VII. Ad be it further enacted by the authority aforefaid, That the perfon adminiftring the government of this flate for the time being, be, and he is hereby required to do his best endeavours, that this act be fully and speedily carried into execution, and all magiftrates, fheriffs and conftables, are required to be aiding therein.

LAWS of the State of NEW-YORK,

Paffed in the Second Seffion of the Legislature, held at Poughkeepsie, in Dutchess County, by Adjournment.

CHAP. XI.

An ACT to authorize the Perfon adminiftring the Government of this State for the Time being, to tranfmit Copies of the Laws of this State, to the Honourable the Congrefs of the United States, and to the Executive Authority of each of the faid United States.

Preamble.

Paffed 17th February, 1779. WHEREAS an interchange of the laws paffed and to be paffed from time to time, in the feveral United States,

may be of public utility;

Be it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enaled by the authority of the fume, That the perfon adminiftring the government of this flate for the time The perfon adminiftring the govern- being, fhall be, and he is hereby authorifed and required to of the laws to the Con- tranfiit, from time to time, three copies of all the laws paffgrefs, and to the exe ed and to be paffed by the legislature of this ftate, to the ho

ment, to fend 3 copies

cutive of each flate. norable the Congress of the United States, and to the execu→ tive authority of each of the faid United States, and to request a reciprocal interchange from each of the faid ftates.

CHA P. XXII.

An ACT to enable the Recovery of the Continental Demands, and for punishing the Misbehaviour of Perfons in Continental Employ.

Preamble.

Paffed 5th March, 1779.

tereft of the United States of America, have already arifen and daily do arife, from the want of an established mode in this state, for the recovery of their juft demands, and for punishing by a due course of law, fuch perfons as being fubjects of, or temporary refidents within this ftate, are guilty of frauds, or other abufes and misdemeanors, in the fervice or employ of the faid United States: To remedy thofe evils:

The Congrefs au

I. Be it enaded 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 Congrefs of the faid United States fhall be, and they are hereby authorifed by their at thorifed from henceforth and forever hereafter, by their attorto profecute faits in ney or procurator, to be appointed by their refolution or any courts within this act, and by and in the name of the United States of America, to fue, implead and profecute to final judgment, decree and

torney or procurator

Aase.

Defendant may

recovery, with and fubject to cofts of fuit, in cafes wherein by law cofts are allowed to or against private persons, all and all manner of fuits and actions, perfonal in any court of law or equity, within this state, against any perfon or perfons whatsoever; and the fame to compound, difcontinue, withdraw or release, as they shall think fit; and that in every fuch action or fuit at law, the defendant or defendants may either in his, her or their pleal the general if own right, or as executor or adminiftrator, or executors or fa, and give the fpe- adminiftrators, to other or others plead the general iffue, and deure, and may dif- give the special matter of his, her or their defence in evidence, cu giving due notice thereof in writing, with the plea; and fhall alfo on fuch plea and notice, be allowed to discount and fet off against the plaintiff's demand, all fuch matters and things, as are now by law allowed to be discounted and fet off in cafes wherein private perfons are both plaintiff and defendant in the fuit.

cial matter in evi

II. And for preventing all frauds, abufes and misdemeanors from being committed, and for punishing fuch as have already been committed in their fervice by perfons in their employ; Be it enacted by the authority aforeJaid, That all fuch frauds, abufes and mifdemeanors, fhall be deemed, Mie of punishing conftrued and efteemed in law, to have been, and to be committed against the United States of America, and the offender or offenders fhall, for his and their offences refpectively, be liable to be profecuted by information or indictment, and convicted for the fame, as done and perpetrated against the faid United States, in like manner as perfons may by law, be criminally profecuted and convicted for frauds, abufes and misdemeanors, in any public office in this ftate, as done and committed against the people of this flate.

Penaltics.

III. And whereas there is great reafon to believe, that many perfons employed in the continental fervice, have made it a practice to apply the public monies entrusted to them for public ufe, in their own private traffic and commerce, and for their own private profit and emolument, whereby the troops of the United States have been, and are daily reduced to great extremities, for the want of neceffaries, and the military operations of the United States, are thereby greatly obftructed and impeded; Be it therefore enacted by the authority aforefaid, That if any perfon or perfons in the fervice of the faid United States, and entrusted with the public monies thereof, fhall, after the fifteenth day of April next, apply the fame to any other use or uses than fuch for which the fame fhall be, or has been put into his or their hands, or being thus entrusted, fhall by himself or themfelves, or by other or others, directly or indirectly, carry on any traffic or commerce, for his or their own private emolument, he or they fo offending fhall, for every offence, forfeit the fum of one thousand pounds, to be recovered with cotts of fuit, in any court of record within this ftate, by any perfon who will fue for the fame, in his own name, and the name of the United States of America; the one moiety of the faid penalty to his own ufe, and the other moiety thereof to be paid into the treafury of this ftate, for the use of the faid United States. And the defendant may plead not guilty thereto, and give the special matter of his defence in evidence, and have no effoin, nor any more than one imparlance; and being convicted in fuch popular action, shall thenceforth and forever thereafter, be difabled to hold any office or place of truit or profit, under this state.

E

LAWS of the State of NEW-YORK,

Paffed in the Third Seffion of the Legislature, held at Kingston, in Ulfter County.

CHA P. XXV.

An ACT for the Forfeiture and Sale of the Eflates of Perfons who have adhered to the Enemies of this State, and for declaring the Sovereignty of the Peop.c of this State, in refped to all Property within the fame,

Preamble.

Paffed 22d October, 1779.

HEREAS during the prefent unjuft and cruel war, waged by the king of Great-britain, against this ftate, and the other United States of America, divers pertons holding or claiming property within this ftate, have voluntarily been adherent to the faid king, his fleets and armies, enemies to this ftate, and the faid other United States, with intent to fubvert the government and liberties of this ftate, and the faid other United States, and to bring the fame in fubjection to the crown of Great-Britain; by reafon whereof, the faid perfons have feverally juftly forfeited all right to the protection of this ftate, and to the benefit of the laws under which fuch property is held or claimed: And whereas the public juftice and fafety of this flate abfolutely require, that the most notorious offenders fhould be immediately hereby convicted and attained of the offence aforefaid, in order to work a forfeiture of their respective eftates, and veft the fame in the people of this ftate: And whereas the conftitution of this state, hath authorised the legislature to pass acts of attainder for crimes committed before the termination of the prefent war:

of the offence of ad

of the state.

I. Be it therefore e. acted by the perle of the fate of New-York, reprefented in fenate and affembly, and it is hereby crafted by the authority of the fame, That John Murray, earl of Dunmore, formerly governor of the colony of NewYork; William Tryon, Efq. late governor of the taid colony; John Watts, Oliver De Lancey, Hugh Wallace, Henry White, John Harris Cruger, Perfons by name, William Axtell, and Roger Morris, Efquires, late members Ipfo Facto, attainted of the council of the faid colony; George Duncan Ludlow, hering to the enemies and Thomas Jones, late juftices of the fupreme court of the faid colony; John Tabor Kempe, late attorney-general of the faid colony; William Bayard, Robert Bayard, and James De Lancey, now or late of the city of New-York, Efquires; David Matthews, late mayor of the faid city; James Jauncey, George Folliot, Thomas White, William Mc Adam, Ifaac Low, Miles Sherbrook, Alexander Wallace, and John Wetherhead, now or late of the faid city, merchants; Charles Inglis, of the faid city, clerk, and Margaret his wife; Sir John Johnfon, late of the county of Tryon, knight and baronet; Guy Johnson, Daniel Claus, and John Butler, now or late of the faid county, Efquires; and John Jooft Herkemer, now or

late of the faid county, yeoman; Frederick Philipfe, and James De Lancey, now or late of the county of Wefichetter, Efquires; Frederick Philiple (fo of Frederick) now or late of the faid county, gentleman; David Colden, Daniel Kiffam, the elder, and Gabriel Ludiow, now or late of Queen's county, Efquires; Philip Skeene, now or late of the county of Charlotte, Efq. and Andrew P. Skeene, fon of the faid Philip Skeene, late of Charlotte county; Benjamin Seaman, and Chriftopher Billop, now or late of the county of Richmond, Esquires; Beverly Robinfon, Beverly Robinfon the younger, and Malcom Morrifon, now or late of the county of Dutchefs, Efquires; John Kane, now or late of the faid county, gentleman; Abraham C. Cuyler, now or late of the county of Albany, Efq. Robert Leake, Edward Jeffup, and Ebenezer Jeffup, now or late of the faid county, gentlemen; and Peter Du Bois, and Thomas H. Barclay, now or late of the county of Ulfter, Efquires; Sufannah Robinson, wife to the faid Beverly Robinfon, and Mary Morris, wife to the faid Roger Morris; John Rapalje, of King's county, Efq. George Muirfon, Richard Floyd, and Parker Wickham, of Suffolk county, Efquires; Henry Lloyd, the elder, late of the flate of Maffachusetts-Bay, merchant; and fir Henry Clinton, knight, be, and each of them are hereby feverally declared to be, Ipfo Facto, convicted and attainted of the offence Their eftates for. aforefaid; and that all and fingular the estate, both real and perfonal, held or claimed by them the faid perfons feverally and refpectively, whether in poffeffion, reverfion or remainder, within this ftate, on the day of the paffing of this act, shall be, and hereby is declared to be forfeited to, and vefted in the people of this ftate.

feited.

baxifhed from this

State.

II. Ad be it further enacted by the authority aforefaid, The faid perfons That the faid feveral perfons herein before particularly named, fhall be, and hereby are declared to be for ever banished from this flate; and each and every of them, who shall at any time hereafter be found in any part of this ftate, fhall be, and are hereby adjudged and declared guilty of felony, and shall fuffer death as in cafes of felony, without benefit of clergy.

fendiers.

Defects in the

pro

For the purpose of III. And to the end, That for the purpofe aforefaid, atrainting other of convictions and attainders for the offence aforefaid, may, in pursuance of this act, be had against other offenders than thofe herein before particularly named; Be it further enaked by the authrity aforefaid, That it fhall and may be lawful for the grand jurors at any fupreme court of judicature to be held for this ftate, or at any court of oyer and terminer and general gaol delivery, or general or quarter feffions of the peace, to be held in and for any county within this ftate, whenever it fhall appear to fuch grand jurors by the oath of one or more credible witnefs or witneffes, that any perfon or perfons, wheceedings remedied ther in full life or deceased, generally reputed, if in full 5th fat. ch. 4. life, to hold or claim, or if deceased to have held or claimed, at the time of their death refpectively, real or perfonal estate within this ftate, hath or have been guilty of the offence aforefaid, to prefer bills of inConvictions dictment against fuch perfons as fhall then be in full life, for firmed 7th feff. ch. fuch offence, and in relation to the offence committed by. fuch perfons in the'r lives time, as fall then be deceased, feverally and refpectively, notwithflanding that fuch offence may have been committed elsewhere than in the county for which fuch grand jurors shall be fummoned: That in every indictment to be taken in pursuance of this act, the offence or offences fhall be charged to have been committed in the

64. fec. 23.

con