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XII. And be it furiher enacted by the authorily aforesaid, Conreyances once oth Juls, 1775, pre- That all conveyances and allignments of any real or pertuned fraudulent,
sonal estate, made or executed fince the ninih day of July, in the year of our Lord one thousand seven hundred and seventy-lix, by any or either of the persons, who are immediately convicted and attainted by this a&; or any or either of the persons who Tháll be convicted or attainted in pursuance of this act; or any or either of the persons, who shall be convicted or attainted of high treason, in the ordinary course of law, for offences committed during the present war, shall be presumed to be fraudulent, and to have been made with intent to prevent a forfeiture of the estates, by such conveyances or assignments respectively intended to be conveyed or afligned; and upon every trial, wherein any such conveyance or alignment shall
And proof of their come in question, the burthen of the proof shall lay upon keitig otherwise to lay the person or persons claiming under such conveyance or oua tiae claimante affignment; that the same was made and executed bona fide, for a valuable conlideration, and not with intent to prevent a forfeiture as aforesaid.
XUI. And be il further enabled by the authority aforefuid, That all titles, efares and interests, by executory devise or contingent remainder, claimed by any person hereby, or by virtue of this law to be convicted; Thall, on conpićtion, be as fully forfeited to all intents, constructions and purposes, in the law w hatsoever, to the people of this state, as any other tities, claims, estates or intereits whatsoever.
XIV. And be it fui iher ernited by the authority oforeseid, That the absolute property of all mesluages, lands, tenements and hereditainents, and of all rents, royalties, franchises, prerogative, privileges, efcheats, forfeitures, debts, dues, duties and services, by whatsoever names respectively, the same are called and known in the law; and all right and title to the fame, which next and immediately before the ninth day of July, in the year of our Lord one thoufand seven hundred and seventy-six, did vest in, or belong, or was, or were due to the crown of Great-Britain, be, and the fame, and each and every of them, hereby are declared to be, and ever tince the said ninth day of July, in the year of our Lord one thousand seven hundred and seventy-lix, to have been, and forever hereafter shall be vested in the people of this state, in whom the fovereignty and feignory thereof are and were united and vested, on and from the laid ninth day
of July, in the year of our Lord one thousand seven hundred and seventy-fix. Commissioners to be
XV. And be it further cnadied by the authority aforesaid, appointed for the fale That the person adminiftring the government of this state and lay they are to for the time being, Niall be, and he is hereby authorised and proceed.
required, by and with the advice and consent of the council of appointment, to appoint, during the pleasure of the said council and commillion, under the great seal of this itate, three commissioners of forfeitures, for each of the great districts of this state. That the said commillioners, or a majority of them, shall be, and hereby are authorised and required, from time
Amended and alter. to time, to sell and dispose of all real estates within their refen unha full. ch. 13 pective districts, forfeited or to be forfeited to the people of $t f-1.ch. 45.
this state, at public vendue, to the highest bidder or bidders; ith lat. ch.64.
and in such parcels as they shall from time to time think proper, first giving eight weeks notice of each fale, in one or more of the public news-papers in this flate, containing a de cription as to the quantity, by estimation, of the lands or tenements to be sold, the situation thereof, and the
Tame or names of the person or persons, by the conviction and attainder of whom the said lands or tenements are deemed to have become forfeited; and to make, feal and deliver to the purchaser or purchasers respectively, good and fufficient deeds and conveyances, in the law, to veft the same in them respectively, and their respective heirs and alligns, upon such purchaser or purchasers respectively producing such receipt from the treasurer, as is herein after mentioned. That every such purchaser and purchasers, shall by virtue
Powers given com- of such deeds and conveyances, respectively, be so vested in repeatedly che title, feilin and polletion of the lands and tenements fo pur64, fec. 54. chased, as to have and maintain in his, her or their name or names, any action for recovery thereof, or damages relating thereto; any actual feilin or possession thereof, in any other person or persons, notwithftanding. That every such deed and conveyance, shall be deemed to operate as a warranty from the people of this state, to thie, purchaser or purchafers respectively, and their respective heirs and assigns, for the lands or tenements thereby respectively, granted and conveyed, againit all claims, titles and incumbránces whatsoever ; and such purchaser or purchasers respectively, and their respective heirs and alligns, shall in case of eviction, have such remedy and relief upon fuch warranty, in such manner as shall be more par, ticularly provided for in such future act or acts of the legislature, as are herein after mentioned. Provided, That the said commissioners shall not be authorised to sell any lands, in larger parcels than the quantity of five hundred acres in each parcel; that no more than one farm shall be included in one and the fame fale; and that the sales shall be made in the county where the lands or tenements to be sold, respectively lie. And provided further, That nothing
No sales to be made in this law contained, shall be construed, deemed, esteemed before it October, or adjudged, to authorise the commissioners to be appointed Altered 3d feffion by virtue hereof, to make fale of any of the lands, messua
ges, tenements or hereditaments hereby forfeited, or by virtue hereof to become forfeited, before or until the first day of October next; and that all such fales shall be, and the fame hereby are wholly prohibited until that day.
XVI. And whereas it is imposible at present to form an estimate of what will be a proper compensation to the said commissioners, for their services and expences in executing the business hereby committed to them: Be it therefore further cnueled by the authority aforesaid, That the public faith of this ftate shall be,, and hereby is pledged to the said commissioners, for such allowance and compensation to them for their services and expences (besides the expences of surveyors, clerks, and other incidental charges) as shall hereafter by the legislature, be deemed jult and reasonable.
XVII. And be it further enacted by the authority aforesaid, That the treasurer of this state shall be, and he is hereby authorised, out of the monies which now are, or hereafter may be in the treasury, to advance to the said commissioners for each district, a fum not exceeding two thousand pounds, 10 defray the expence of the business hereby committed to them.
XVIII. And whereas in many instances, lands, the reversion or remainder whereof is, or may become forfeited tothis state, are pofsefled by tenants who have, at considerable expence, made or purchased the improvements on the same, and which tenants have constantly, uniformly and zealoully, fince the commencement of the present war,endeavored to defend and maintain the freedom and independence of the United States; Be it therefore further cnaocd by the auihorily aforesaid, That where lands, the reversion or reinainder
Purifion in favor whereof is hereby, or may become forfeited to the people
of this state, shall be poflefled by any tenant of the characte above described, and who or whole ancestor, teftator or inteftate, da have made or purchased the improvements on the same, they shall continue
poikslion at their former rents, and be at liberty as heretofore, to transfer their improvements, until the fee simple of the said lands shall be fold, they paying their respective rents, and the present arrearages thereof in money's equal to the current prices of the articles of produce, in which their renis Fere heretofore paid, into the treasury of this ftate, if such rents were reserved in produce; or if reserved in money, then in so much money, as will be Equivalent to the price of wheat at seven shillings per bushel ; and that when the fee fimple of the said lands shall be fold by the commissioners, to be arpointed in pursuance of this act, they shall cause such lands to be apprail by three appraisers, at what shall be deemed the then present value therece, eiclusive of the improvements thereon, at the time of appraising: that one of the said appraisers shall be elected by the commissioners, another by the tenant claiming the benefit intended by this clause, and the third by the faid other two appraisers; that the said appraisers, previous to the making of fucı appraisement, shall each of them take an oath, and which oath the faid coinmilioners are hereby authorised to administer, well and truly to appraise the hands held by such tenant, at what shall be deemed the then value thereer; exclusive of the improvements thereon; and upon payment into the treat:ry by such tenant, of the sum at which sach lands shall be foappraised, with in tree months after the making of such appraisement, together with all arrearages of rents then due thereon ; the commiflioners shall convey the lands to appraised to such tenant, in like manner as if such lands had been fold in public vendue, and such tenant had appeared, and been the highest bidder for the fame : Provided, That no person being a tenant himself, or of afinky o: confanguinity to the tenant, requiring such appraisement to be made, 103 be an appraiser.
XIX. And in order that the commissioners may be enabled to determine, who are the proper objects of the benefit intended by the aforegoing claufi ; How tenants to avail Be it further enaćicd by the authority aforcjid, Tlut ri Benteives of the tenant shall be entitled to such benefit, unless he or slic fial, store provision.
within one month after the fame shall be required of him or her by the faid coinmissioners, produce to them a certificate, to be fubcribi by at least twelve reputable inhabitants of the county, of known and undoubted attachment to the American cause, to be approved of by the cormissioners, and which inhabitants shall severally declare upon oathi, the two of the matter by them certified, before a justice of the peace of the County, who is hereby authorised to administer fuch oath, certifying, that such icnu, hath constantly and uniformly, since the said ninth day of July, one the fand feven hundred and seventy fix, demeaned himself or herself, as a fica! to the freedom and independence of the United States; and hath, as far fut as his or her circumstances would admit, taken an active and decilie 211,0 maintain and promote the same.
XX. Aird be il further enucled by the ariilorily cifer', Monorandums in That whenever the laid commillioners shall, widin 1!!! siting to be made all file. respective districts, make sale of any lands, eider at publie vendue, or upon such appraitement as aforesaid, and the commidorers in: the person or persons to whom fuch fale fhall be made, having recipruently fubcribed a memorandum or notc, in writing, of such fale; tlie comandai
ers shall immediately thereupon, give to the person or persons, to whom fueh jaie shall be made, a certificate thereof, to contain the sum for which the lands purchased by such person or persons were fold; and if such fale was macie upon such appraisement, then also of the arrearages of rent due on such iands. That the inid person or perions to whom fuch certificates D:all be given, snall, within three months from the date thereof, pay into the treafury of Jis fate, the sums in such certificates respectively specified ; and the treasurer is hereby required and authorised to receive the same, and to give to the faid person or persons paying, duplicate receipts for the monies by them respectively paid; and the several persons to whom such receipts shall be given, fhall, upon their respectively producing and lodging with the said commissioners one of the said receipts, be entiiled to deeds and conveyances for the lands by them respectively purchased.
XXI. And be it further enaticd by the authority aforesaid, Commiíioners to sue That the commissioners for the respective diftricts, shall and purformance of con- may, in their own names, commence and profecute any suit
upon a contract, for the fale of any estate against any person or persons who shall have subscribed fuchi note or memorandum in writing thereof as aforesaid; and all damages which shall be recovered by the said commillioners in luch suits, Niall be by them paid into the treasury of this date.
XXII. And be ii further enačied by the authori'y aforcfuid, That all purchaies made at such vendues by the said commisoners, or any or either of them, or by any other person, to or for the use of them, or any or either of them, shall be null and void; and that each commillioner, before he enters Erch commiffioner upon the execution of his office, Ihall appear before one of
the judges of any of the counties within the district for which such commifoner shall be appointed, and take and subscribe the following vath; which such judge is hereby authorised and required to administer, viz. Form oft'x oath. IA
A. B. appointed a commissioner of forfeitures, for the
district, do folemnly and sincerely swear and declare, in the presence of Almighty God, that I will faithfully and honeilly execute the laid office, in such manner as I shall conceive inolt for the benefit and advantage of the people of this state, according to the true intent and meaning of an act, entitled, “ An act for the forfeiture and sale of the cítates of perions who have adhered to the enemies of this itate, and for declaring the fovereignty of the people of this state, in respect to all property within the fame.”
XXll. And be it further cnačied by the authority aforef.id, and it is herehv juridad, That the said commissioners shall not be authoried to sell any linds, which at the time of the fale thereof, Thall be within the power of the enemy, any thing herein before mentioned notwithsanding.
XXIV. id io il fierther envedéy the whorily afirefuid, That the treasw of this tiate Mall, in his accounts of the monies ar sing by the files of fork itd clates, sscciíy the names of the several persons to whom the Seseral estates in mediately before the forfeiture thereof were deemed to belong, as the same fall appear from the certificate of the compitioners ; Tothwend, That when the leg'lature Ball, by firure act or acts, to be pufied for the purpose, provide for the payment of the dehors due from the taid persons reprečtively, ilic amount of ihe monies ari ng from the faics of ilki reipcetive cllates, way with the scaitr cal be alocitained.
to take an oath.
Forsnf the several on
XXV. Adbe it further enailed by the authority 22 refaid, That the forms of the feveral proceedings to be had in pur
suance of this act, and of the deeds or conveyances, to be executed by the commillioners to be appointed in purfuance of this act, shall be as follows, that is to say:
Form of the Notices by the Sheril « State of New York, ss. By E'q. Sheriff of the County of
of or "
“ court of oyer and terminer and general gaol delivery,” or “Court of gerkral seliions of the peace,” or “ court of quarier feilions of the peace la the cale may be) - here insert the name or names of the perion 6 persons indicted, with their refpective additions) was” or “ were 1e verily as the case may be) indicted for adhering to the enemies of the people of this state. These are therefore to notify the faid (here irtirt tie name of the person indicted) if he” or “ she (as the case may be; fhall, at the Expiration of the time for that purpose herein after limited, be in till life; and 2l perions claiming any eltace or intereit under him” or “ her as the case may be; if he" or " lhe (as the case may be) shall, at the expiration of the faid ime, be deceased, that unless he” or “ she (as the case may be) if in ful lifu as aforesaid, do perionally appear in the supreme court of judicature of this itate, vittun the time herein after limited, and traverse the lid is dićimeni" or "indictments as the case may be) or if the faid here insert the name of the perlon indicted, shall be deceased; that unless fome or one of the said several persoas fo claiming an estate or interest as aforefaid, do personally, or if itme coverts, insane, or within age respectively, do by veir feveral and repective barons, guardians or next friends, respectively, appear in the faid fupreme court, on or before the fourth day after the firit day of the second term next succeeding the day of the date of this notice, and traverse the said rdement” or “ indictments as the case may be) the said (here infert the Game of the person indicted) will be a judged if in full lift, guilty, or if decakt, to have been at the time of his” or “ ler as the case may be) death guty of the offence” or “ offences (as the case may be) chargeul ag iinti jin” or “ter as the case may be) and that all and fingular the real and personal rate within this state, leid or claimed by him” or “ her (as the case may be) ifin full life as aforesaid, or which were held or clained by him” or “ her as the cale may be) at the time of his” or “ her (as the case may be) death, tif deceased as aforesaid, will) be forfeited to the people of this state;" or if more than one person shall be indicted, then,“ Thde are therefore to notify such or the said several persons who hail, at the expiration of the time for that purpose herein after limited, be in full life; and all persons claiming any efiate or intereft, under such of the said persons above named, who full at the Expiration of the said time be deceased; that unless they the said feveral porfons above named, who shall be fo in full life, do perionally appear in the fupreme court of this state, within the time heren after limited, and travere the indétment” or “ind Atments (as the case may be) against them reisectively; and that unle's fome or one of them the said leveral perfons, chaining any eate or interct as aforesaid, do perionally, or if fime coverts, infine, or within age, do by their respective barons, guardians or next frieres, 22pear in the said inpreme court, on or before the tourih day afier the first day of the écond term next succeeding the day of the date of this notice, and traverse the indictment" or s indictments as the case may te) against the