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Provifion in favor whereof is hereby, or may become forfeited to the people of tenants of forfeited of this state, shall be poffeffed by any tenant of the charac ter above described, and who or whofe ancestor, teftator or inteftate, shall have made or purchased the improvements on the fame, they shall continue in poffeffion at their former rents, and be at liberty as heretofore, to transfer their improvements, until the fee fimple of the faid lands shall be fold, they paying their respective rents, and the prefent arrearages thereof in money, equal to the current prices of the articles of produce, in which their rents were heretofore paid, into the treafury of this ftate, if fuch rents were referved in produce; or if referved in money, then in fo much money, as will be equivalent to the price of wheat at feven fhillings per bufhel; and that when the fee fimple of the faid lands fhall be fold by the commissioners, to be ap pointed in pursuance of this act, they fhall caufe fuch lands to be apprakd by three appraisers, at what shall be deemed the then prefent value thereof, exclufive of the improvements thereon, at the time of appraifing: that one of the faid appraisers fhall be elected by the commiffioners, another by the tenant claiming the benefit intended by this claufe, and the third by the faid other two appraifers; that the faid appraisers, previous to the making of fach appraisement, shall each of them take an oath, and which oath the faid commiffioners are hereby authorised to adminifter, well and truly to appraise the lands held by fuch tenant, at what shall be deemed the then value thereof, exclufive of the improvements thereon; and upon payment into the treafitry by fuch tenant, of the fum at which fuch lands fhall be fo appraised, within three months after the making of fuch appraisement, together with all arrearages of rents then due thereon; the commiffioners fhall convey the lands fo appraised to fuch tenant, in like manner as if fuch lands had been fold ac public vendue, and fuch tenant had appeared, and been the highest bidder for the fame: Provided, That no perfon being a tenant himfelf, or of affinity or confanguinity to the tenant, requiring fuch appraisement to be made, fall be an appraiser.

XIX. And in order that the commiffioners may be enabled to determine, who are the proper objects of the benefit intended by the aforegoing claufe; How tenants to avail Be it further enacted by the authority aforefund, That no thenicives of the tenant fhall be entitled to fuch benefit, unlels he or fhe fall,

above provifion. within one month after the fame fhall be required of him or her by the faid commiffioners, produce to them a certificate, to be fubcribed by at least twelve reputable inhabitants of the county, of known and undoubted attachment to the American cause, to be approved of by the comiffioners, and which inhabitants shall severally declare upon oath, the trach of the matter by them certified, before a juftice of the peace of the county, who is hereby authorised to adminifter fuch oath, certifying, that fuch tenant, hath conftantly and uniformly, fince the faid ninth day of July, one thot fand feven hundred and feventy fix, demeaned himself or herself, as a friend to the freedom and independence of the United States; and hath, as far forth as his or her circumftances would admit, taken an active and decifive part, to maintain and promote the fame.

writing to be made fall files.

XX. And be it further enabled by the authority ofwelid, Memorandums in That whenever the faid commiffioners fhall, widin ther refpective diftricts, make fale of any lands, eller at publie vendue, or upon fuch appraitement as aforefaid, and the commillioners and the perfon or perfons to whom fuch fale fhall be made, having reciprocally fubfcribed a memorandum or note, in writing, of fuch fale; the comment

F

ers fhall immediately thereupon, give to the perfon or perfons, to whom fuch fale fhall be made, a cerificate thereof, to contain the fum for which the lands purchafed by fuch perfon or perfons were fold; and if fuch fale was made upon fuch appraisement, then alio of the arrearages of rent due on fuch lands. That the faid perfon or perfons to whom fuch certificates fall be given, fhall, within three months from the date thereof, pay into the treafury of his flate, the fums in fuch certiñcates refpectively specified; and the treafurer is hereby required and authorited to receive the fame, and to give to the faid perfon or perfons paying, duplicate receipts for the monies by them refpectively paid; and the feveral perfons to whom fuch receipts fhall be given, fhall, upon their refpectively producing and lodging with the faid commiffioners one of the faid receipts, be entitled to deeds and conveyances for the lands by them refpectively purchased.

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XXI. And be it further enacted by the authority aforefaid, Commitioners to fute That the commiffioners for the refpective diflricts, fhall and purformance of con- may, in their own names, commence and profecute any fuit upon a contract, for the fale of any eftate against any perfon or perfons who fhall have fubfcribed fuch note or memorandum in writing thereof as aforefaid; and all damages which fhall be recovered by the faid commiffioners in fuch fuits, fhall be by them paid into the treasury of this flate.

XXII. And be it further enacted by the authority aforefaid, That all purchases made at fuch vendues by the faid commifioners, or any or either of them, or by any other perfon, to or for the ufe of them, or any or either of them, fhall be null and void; and that each commiffioner, before he enters Each comm'fioner upon the execution of his office, fhall appear before one of to take an oath. the judges of any of the counties within the diftrict for which fuch commiffioner fhall be appointed, and take and fubfcribe the following oath; which fuch judge is hereby authorised and required to administer, viz.

Form of the oath.

I A.

A. B. appointed a commiffioner of forfeitures, for the diftriét, do folemnly and fincerely fwear and declare, in the prefence of Almighty God, that I will faithfully and honeilly execute the faid office, in fuch manner as I fhall conceive most for the benefit and advantage of the people of this flate, according to the true intent and meaning of an act, entitled, "An act for the forfeiture and fale of the cftates of perfons who have adhered to the enemies of this ftate, and for declaring the fovereignty of the people of this ftate, in refpect to all property within the fame."

XXII. And be it further enacted by the authority aforefid, and it is hereby provided, That the faid commiffioners fhall not be authorised to fell any Jands, which at the time of the fale thereof, fhall be within the power of the enemy, any thing herein before mentioned notwithflanding.

XXIV. And be it further enaded by the authority aforefaid, That the treafuner of this flate fhall, in his accounts of the monies ar fing by the fales of forkited chates, fpccify the names of the feveral perfons to whom the fveral eftates immediately before the forfeiture thereof were deemed to belong, as the fame fhall appear from the certificate of the commilhoners; To the end, That when the leg flature fall, by firure act or acts, to be paffed for the purpofe, provide for the payment of the debts due from the fald perfons respectively, the amount of the monies arising from the fales of the respective eftates, may with the greater eak be afcertained.

Forms of the feveral poredings on this

XXV. And be it further enacted by the authority aforefaid, That the forms of the feveral proceedings to be had in purfuance of this act, and of the deeds or conveyances, to be executed by the commiffioners to be appointed in purfuance of this act, fhall be as follows, that is to fay:

Form of the Notices by the Sheriff.

"State of New-York, fs. By

Efq. Sheriff of the County of

WHEREAS at a fupreme court of judicature," or "court of

oyer and terminer and general gaol delivery," or “court of general fellions of the peace," or "court of quarter fellions of the peace (as the cafe may be here infert the name or names of the perion or perfons indicted, with their refpective additions) was" or "were teverally (as the cafe may be) indicted for adhering to the enemies of the people of this flate. Thefe are therefore to notify the faid (here infurt the name of the perfon indicted) if he" or "fhe (as the cafe may be) fhall, at the expiration of the time for that purpose herein after limited, be in full life; and all perfons claiming any eftate or intereft under him" or "her (as the cafe may be) if he" or "the (as the cafe may be) fhall, at the expiration of the faid time, be deceased, that unless he" or "fhe (as the cafe may be) if in full life as aforefaid, do perfonally appear in the fupreme court of judicature of this fate, within the time herein after limited, and traverfe the faid indictment" or "indictments (as the cafe may be) or if the faid here infert the name of the perfon indicted) fhall be deceased; that unless fome or one of the faid feveral perfons fo claiming an eftate or intereft as aforefaid, do perfonally, or if leme coverts, infane, or within age refpectively, do by their feveral and repective barons, guardians or next friends, refpectively, appear in the faid fupreme court, on or before the fourth day after the first day of the fecond term next fucceeding the day of the date of this notice, and traverse the aid indictment" or "indictments (as the cafe may be) the faid (here infert the name of the perfon indicted) will be adjudged if in full life, guilty, or if deceafed, to have been at the time of his or her (as the cafe may be) death guity of the offence" or " offences (as the cafe may be) charged againft him" or her as the cafe may be) and that all and fingular the real and perfonal elate within this ftate, held or claimed by him" or "her (as the case may be) ifin full life as aforefaid, or which were held or claimed by him" or "her (as the cafe may be) at the time of his" or "her (as the cafe may be) death, if deceased as aforefaid, will) be forfeited to the people of this flate;" or if more than one perfon fhall be indicted, then, " Thefe are therefore to notify fuch of the faid feveral perfons who fhall, at the expiration of the time for that purpose herein after limited, be in full life; and all perfons claiming any efiate or intereft, under fuch of the faid perfons above named, who fail at the expiration of the faid time be deceafed; that unless they the faid feveral perfons above named, who fhall be fo in full life, do perfonally appear in the fupreme court of this state, within the time herein after limited, and traverse the indictment" or "indictments (as the cafe may be) against them refpectively; and that unless fome or one of them the faid feveral perfons, chiming any eftate or intereft as aforefaid, do perfonally, or if feme coverts, infane, or within age, do by their respective barons, guardians or next friends, appear in the faid fupreme court, on or before the fourth day after the first day of the fecond term next fucceeding the day of the date of this notice, and traverse the indictment" or "indictments (as the case may be) against the

perfons refpectively, under whom they refpectively fo claim, they the faid feveral perfons above named, will be adjudged, if in full life, guilty, or if deceased, to have been at the time of their death refpectively, guilty of the offence" or" offences (as the cafe may be) charged against them refpectively; and that all and fingular the real and perfonal eftate within this ftate, held or claimed by fuch of the faid perfons refpectively who fhall be in full life as aforefaid, or which were held or claimed at the time of their death refpectively, by fuch of the faid perfons as fhall be deceased, will be forfeited to the people of this flate. Given under my hand the day of A. B. Sheriff." The Form of a Record where Judgment fhall be entered by Default. "New-York, Supreme Court, fs. Of the Term of (here infert the Term in which Judgment fhall be awarded) in the Year of the Independ

in the year of the independence of the faid flate,

ence of this ftate.

Eit remembered, That on the (here infert the day and year when the indictment was preferred into court) the jurors of the people of this ftate for the body of the county of (here infert the name of the county where the indictment was taken) did upon their oath prefent, that (here infert the refidue of the indictment, as far as the fame fhall relate to the prion or perfons against whom judgment fhall be entered) and the faid (here infert the name or names of the perfon or perfons charged in the indictment, and against whom judgment is to be entered) having according to the form of the act of the legislature, entitled, "An act for the forfeiture and fale of the eftates of perfons who have adhered to the enemies of this flate, and for declaring the fovereignty of the people of this ftate, in refpect to all property within the fame," been notified to appear and traverse the faid indictment, and not having appeared and traverfed within the time, and in the manner, in and by the faid act limited and required, it is therefore confidered, that the faid (here infert the name or names of the person or perfons charged in the indictment, and against whom judgment is to be entered) do forfeit," or if more than one perfon," feverally forfeit all and fingular the eftate, both real and perfonal, whether in poffeffion, reverfion or remainder, held or claimed by him" or "her" or "them refpectively (as the cafe may be) within this ftate, to the people of this flate."

Form of a Record where a Trial fhall be had.

"NEW-YORK, Supreme Court, fs. Of the term (and fo on, as in the cafe of a record where judgment fhall be entered by default, to the end of the indictment) and the faid (here infert the name of the perfon who fhall appear and traverfe) appearing here in court inhis own proper perfon, on the (here infert the day of the month when the perfon fhall appear in court and traverse) in this prefent term (or if of a preceding term, then) in the term of (here infert the term) in the year of the independence of this ftate. And faith, that he is not guilty of the offence" or " offences (as the cafe may be) in the faid indictment, charged against him" or "her (as the cafe may be) and of this he" or "fhe (as the cafe may be) puts himself" or "herfelf" (as the cafe may be) upon the country, and who profecutes for the people of this state in this behalf, in like manner, &c." And fo on, as nearly fimilar as may be, to the form of a record of a trial, at the bar of the fupreme court, in a cate of felony, without benefit of clergy. That the judgment in cafe of conviction, fhall be the fame with the form contained in the form of the record of a ju igment by default.

The Form of a General Verdict.

AFTER the word oath," do fay that the faid (here infert the name of the perfon charged) is guilty of the feveral offences charged again't him" or "her (as the cafe may be) or not guilty of the feveral offences charged against him" or "her (as the cafe may be) (or if guilty only of certain of the offences charged in the indictments, and not guilty of other, or others of them, then) is not guilty of the offence" or "the feveral offences (as the cafe may be) charged in the faid indictment to have been committed on (then infert the day and year when the offence or offences (as the cafe may be) is or are charged to have been committed) but guilty of the offence" or "offences (as the cafe may be) charged to have been committed on the (here infert the day and year when the offence or offences (as the cafe may be) of which the perfon charged in the indictment shall be convicted, were committed.)

The form of the judgment fhall be the fame with the form of the judg ment where judgment shall be entered by default.

"THIS

Form of the Conveyance from the Commiffioners.

Day of

HIS indenture, made the in the year of the independence of the ftate of New-York, and in the year of our Lord

between

by the faid

efquires, commifdiftrict, appointed in pursuance

fioners of forfeitures, for the of an act of the legislature of the faid ftate, entitled, " An act for the forfeiture and fale of the eftates of perfons who have adhered to the enemies of this state, and for declaring the fovereignty of the people of this state, in respect to all property within the fame," of the one part, and of the other part; witneffeth, that the faid commiffioners, by virtue of the power and authority to them, in and by the faid act granted, and for, and in confideration of the fum of paid into the treafury of the faid ftate, have granted, bargained, fold, enfeofied and confirmed; and by these presents do grant, bargain, fell, enfeoff and confirm, unto the faid and heirs and affigns, all (here defcribe the lands ortenements to be conveyed) and all and fingular the eftate, right, title and intereft, whether in poffeflion, reverfion, or remainder of, in or to the faid premiles, which, in confequence of any conviction or attainder, is become forfeited, attached, or vefted in, or to the people of the faid flate. To have and to hold, all and fingular the faid premifes, hereby granted, bargained, fold, enfeoffed and confirmed, with the appurtenances, unto the faid and heirs and affigns, to the only proper ufe and behoof of the faid and heirs and affigns forever. In witnefs whereof, the faid parties to these prefents have hereunto interchangeably fet their hands and feals, the day and year firft above written."

without benefit of

Forms of proceed- AND that all the forms of proceedings in profecutions, ings not hereby par- for the offence aforefaid, to be had in purfuance of this act, ticularly preferibed, to be fimilar to the fe other than fuch as are hereby otherwife fpecially directed, b cafes of felony, fhall be as nearly as may be, fimilar to the forms of the proclergy. ceedings in cafes of felony without benefit of clergy, except, that the word or words "offence" or " offences" (as the cafe may be shall be ufed inflead of the word or words " felony" or "felonies:" and that where a traverfe fhall be put in by any perfon or perfons, claiming any eflate or intereft under a perfon deceased as aforefaid, all and fingular the proceedings and proceffes, fhall, notwithstanding, be of the fame form, as if the refpective perions, charged in the feveral indictments, had been feverally in full life,

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