5 fs th. 4 344 and had in their own refpective proper perfons, appeared and traverfed; and for want of fuch traverfe, as if fuch perfon had made default in full life. Reprefentatives on to be admitted to tra verfe. XXVI. And be it further enacted by the auth rity aforefaid, affidavit of intereft, That each and every perfon or perfons, claiming an eftate or interest under any perfon deceated, fhall and may, upon affidavit of fuch c'aim, and of the death of the perfon, under whom fuch claim shall be made, to be read and filed in court, be admitted to traverse the indictments against the perfons under whom they fo refpectively claim. That in every cafe of fuch traverse as laft aforefaid, no trial fhall be had thereon, until after the expiration of the time herein before limited for putting in fuch traverfe. That where two or more perfons fhall appear at one and the fame time, and produce fuch affidavit, and thereupon apply to be admitted to traverfe, the court may compel fuch perfons to join in the traverfe; and that where any perfon or perfons, fo claiming as aforefaid, shall have been admitted to traverie, and fhall have traverfed accordingly, and any After traverfe any other perfon or perions fhall afterwards apply to be admitother perfon applying ted to traverse, the perfon or perfons fo afterwards applyadmitted to join in ing, having refpectively produced fuch affidavit of a claim as the defence. aforefaid, fhall upon the trial of fuch traverse, be permitted to employ counfel, produce witne fles, fue forth fubpoenas, for the attendance of witnefles, cross examine the witneffes on the part of the state, and do every other act and thing, in and about a defence, in like manner, and as fully as the perfon or perfons by whom the traverse shall have been put in. on affidavit, may be LAWS of the State of NEW-YORK, Paffed in the Third Seffion of the Legiflature, held at the City of Albany, by Adjournment. WHER CHA P. XXXVIII. An ACT to facilitate the Completion of the Articles of Confederation and per- 1. Be it therefore evalled ly the people of the flare of New-Yach, repreferted in fenate and affembly, and it is hereby enabled by the au kirity of the jame, That it fhall and may be lawful, to and for the delegates of this ftate, in the honourable congrefs of the United States of America, or the major part of fuch of them as fhall be affembled in congre's; and they the faid delegates, or the major part of them, fo aflembled, are hereby fully authorised and empowered, for and on behalf of this ftate, and by proper and authentic acts or inftruments, to limit and reftrict the boundaries of this ftate in the western parts thereof, by fuch line or lines, and in fuchimanner and form, as they fhall judge to be expedient, either with refpect to the jurifdiction, as well as the right or pre-emption of foil; or referving the jurifdiétion in part, or in the whole, over the lands which may be ceded or relinquished, with refpect only to the right or pre-emption of the foil. II. And be it further enacted by the authority aforefaid, That the territory which may be ceded or relinquished by virtue of this act, either with refpect to the jurifdiction as well as the right or pre emption of foil, or the right or pre-emption of foil only, fhall be, and enure for the use and benefit of fuch of the United States, as shall become members of the federal alliance of the faid ftates, and for no other ufe or purpose whatsoever. III. And be it further enacted by the authority aforefaid, That all the lands to be ceded and relinquished by virtue of this act, for the benefit of the United States, with refpect to property, but which fhall nevertheless remain under the jurifdiction of this flate, fhall be difpofed of and appropriated in fuch manner only, as the congrefs of the faid States fhall direct; and that a warrant, under the authority of congrefs, for furveying and laying out any part thereof, fhall entitle the party, in whole favour it fhall flue, to caufe the fame to be furveyed, and laid out, and returned, according to the directions of fuch warrant; and thereupon, letters patent under the great feal of this state, shall pass to the grantee for the eftate fpecfied in the faid warrant; for which no other fee or reward fhall be demanded, or received, than fuch as shall be allowed by congrefs. IV. Provided always, and be it further enacted by the authority aforfaid, That the truft repofed by virtue of this act, fhall not be executed by the delegates of this flate, unlefs, at leaft, three of the faid delegates fhall be prefent in congrefs. CHA P. XLVII An ACT for raising the Sum of 5.000 000 aˆ Dollars by Tax within this Tants of perf ins f within the ene- X. mls, not to be Cole tave until further provifita. [This aft, except the 10th fection, is obfolete.] A ND in order to remove doubts refpecting the taxes charged on lands of perfons who have been removed within the enemy's lines; Be it further endtied by the authority afrejaid, and it is hereby declared, That until the legislature fn make fpecial provifion for collecting the double taxes charged on the hands of perfons who have been removed within the enemy's lines in purfuance of the " Act more effectually to prevent the mif Sect. 5. chief ariling from the influence and example of persons of equivocal and fufpefted charaters, in this flate," pafled the thirtieth day of Jine, one thousand feven Landred and eventy-eight, no lands fhall be affected at an higher than the ufail rate, by reafon that fuch lands may be deemed to belong to perfon; fo removed within the enemy's lines as aforefaid. t: fff. ch. 47. LAWS of the State of NEW-YORK, Paffed in the Fourth Seffion of the Legislature, held at the City of Albany, by Adjournment. CHAP. XXX. An ACT to alter the Place of holding Elections in the Mohawk District, in the County of Tryon. Paffed 19th March, 1781. THEREAS the houfe affigned by law, for holding the annual townmeetings and elections in the faid district, and the other dwellings in the neighbourhood thereof, hath been deftroyed by the enemy; Be it enated by the people of the state of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fume, That the annual town-meetings and elections in the faid district fhall, in future, be held at the church in the faid diftrict, inftead of the place heretofore afligned by law for the purpose. 7th fell, ch. 63. CHA P. XXXII. ther provison, An ACT for raising two Regiments for the Defence of this Preamble. WHEREAS the expofed fituation of the extensive frontiers of this ftate, renders it neceffary that mea fures fhould be adopted for their protection; fence of the fronticts. 1. Be it therefore enacted by the people of the fate of New-York, reprefented in fenate and offenbly, and it is hereby enacted by the authority of the fame, Two regiments to two regiments upon the prefent continental establishment, hera fed for the de- as to the number of officers and men compofing fuch regiments, be raised for the defence of the frontiers, whenever the congrefs of the United States Dhall give affurances that the regiments aforefaid fhall be armed, accoutered, cloathed, fubfifted, and paid at the expence of the United States; and that the troops fhall continue in fervice for three years from their refpective in liflment, unless fooner discharged. II. And be it further enated by the authority aforefaid, That it fhall and may be lawful to and for the perfon adminifiring the government for the Council of appoint. time being, by and with the advice and confent of the most to appoint ofi- council of appointment, to appoint the officers to fuch regiments; and as often as vacancies fhall happen, to appoint others: That a lieutenant-colonel and a major fhall not be committioned until a number of men equal to two thirds of the regiment, shall be mustered: That it fhall be lawful for the perfon adminiftring the government of this fate for the time being, by and with the advice and confent of the council of appointment, to appoint the commiflion officers to fuch regiments, and by and with fuch advice and confent, to iffue warrants, in the firft inftance, to fuch and to many perfons as captains and fubalterns as he fhall deem proper and necefiary, ipeedily to inlift the men for the ferviçe aforefaid, "and under fuch regulations and reftrictions as he fhall judge proper: Provided always, that the number of officers fo by him warranted as aforefaid, fhall not exceed in number the continental establishment. Pas to Lauter and III. And be it further enacted by the authority aforesaid, Governor to employ That it fhall be lawful for the perfon adminiftring the gorecive inca. vernment of this ftate for the time being, to employ and authorize fuch and fo many warrant officers and others, as he frall deem proper and neceflary, to mufler and receive perfons to be inlifted by virtue of this act; and to give to fuch perfons certificates of their inliftments, thereby to be entitled to the bounty of land intended to be given by this act: That if a fufficient number of men to compofe a regiment as aforefaid, fhall not be raised on or before the first day of Auguft next, the perfon adminiftring the government shall be authorised to arrange and form the men then raifed, into an independent corps, in fuch manner as the perfon adminifiring the government of this ftate for the time being, fhall deem proper; and that if after one regiment is completed, there fhall be a number of men inlifted beyond the conpictment of one regiment, and not fufficient to complete another regiment, they fhall be arranged, difpofed of, and formed into an independent corps, in the manner before prefcribed. IV. And be it further enacted by the authority aforesaid, That the faith of the flate be, and is hereby pledged to the officers, non-commiffioned officers, Lands to be granted and privates, compofing fuch regiments or corps, that the them at the xpiration legiflature of this ftate will grant unto fuch officers who fhail of their fervice. be commitlionated, and to fuch non-commiffioned officers and privates as fhall inlift in the faid regimens, and who fhall continue to ferve during the time aforefaid, or until the time they fhall respectively be difmilled or difcharged, if fuch difimifiion or discharge frail take place before the end of the faid three years; or to the legal reprefentatives of fuch ofcers, non-commitlioned officers and privates as fhail die while in fervice, the following feveral quantities of unappropriated lands refpectively, to wit: To a lieutenant-colonel and major, each four rights; a captain and furgeon, each three rights; a lieutenant, enfign, and furgeon's mate, each two rights; and each non-commiflioned officer and private, one right; and that cach right fhall confift of five hundred acres: That it fhall be lawful for any perHow to be located fon entitled to any quantity of lands by virtue of this act, to and grantel. locate the lands which fuch perfon fhall elect to be granted to him; and that the legislature will, as foon after the expiration of the faid time of fervice as a furvey of the faid lands can be with fafety performed, grant to fuch perfon, without fee or reward, or quit-rent referved, the quantity of lands to which he may be entitled, out of the lands fo located: That whenever any number of perfons entitled, collectively, to fixty-one rights, fall join in a location, the lands fo located fhall be laid out in a township of feven miles fquare, and granted to the faid perfons, according to their refpective rights therein; and that in each fuch township, the remaining right fhall be referved for the fupport of the gospel, and the remaining three hundred and fixty acres, fhall be referved for the ufe of a school in fuch township. That wherever any of the lands to be granted in pursuance of this act, frall be located in quantities less than a township of feven mies fquare, the perfon G or perfons locating fuch lands, fhall defray the expence of the furvey thereof; but if a township fhall be located, the ftate fhall be at the expence of running the out-lines of fuch township: Provided, That no locations fhall be made on lands heretofore granted, or on lands belonging to the Oneida and Tufcarora Indians: And provided, That the lands to be granted by each grant, fhall be laid out as nearly in a fquare, as the next adjacent appropriated lands will admit of: That whenever any location fhall be made by any perfon belonging to the faid regiments or corps, a defcription of the lands fo located, and the perfon's name by whom, and in whofe right fuch location is made, fhall be filed with the furveyor-general of this ftate for the time being; and the perfon adminiflring the government of this ftate for the time being, by and with the advice and confent of the council of appointment, is hereby authorised and required, as foon as may be after the paffing of this act, to Council of appoint appoint a furveyor-general for this ftate; and if it fhall appear ment to appoint a to the faid furveyor-general, that the lands fo located are 1urveyor-general. defcribed with fufficient certainty, that the fame have not heretofore been granted, and do not belong to the Oneida and Tufcarora Indians, the furveyor-general fhall approve fuch location, and caufe the fame to be filed in the fecretary's office of this ftate; and the perfon making fuch location fhall, immediately after the expiration of his time of fervice, be entitled to a grant of the lands fo located. His duty. articles of war, and V. And be it further enacted by the authority aforesaid, That the faid regiments corps to be raised in pursuance of this act, fhall be fubject to the Troops fubject to rules and articles of war, established for the regulation of the direction of comman army of the United States, and be under the command of the commander in chief of their army: Provided always, That none of the faid regiments, or any part or detachment thereof, fhall serve out of this state, without the order or confent of the perfon adminiftring the government of this ftate for the time being. der in chief. delivered to ferve in fuch flave. VI. And be it further enacted by the authority aforefaid, Owner of a flave That any perfon who fhall deliver one or more of his or the faid troops, enti- her able-bodied male flaves, to any warrant officer as aforetled to a grant of one right, and discharged faid, to serve in either of the faid regiments or independent from maintaining corps, and produce a certificate thereof, figned by any officer or perfon authorised to muster and receive the men, to be raised by virtue of this act, and produce fuch certificate to the furveyor-general, fhall, for every male flave fo entered or mustered as aforefaid, be entitled to the location and grant of one right, in manner as in and by this act is directed; and fhall be, and hereby is discharged from any future mainteSuch flave after fer- nance of fuch flave; any law to the contrary notwithstandvice to be a free man. ing: And fuch flave, fo entered as aforefaid, who fhall ferve for the term of three years, or until regularly discharged, fhall, immediately after fuch fervice or difcharge, be, and is hereby declared to be free man of this state. Any perfon furnish VII. And to encourage as far as poffible, the fpeedy completing of the faid regiments; Be it further enacted by the authority aforefaid, That every person who shall engage an able bodied man, to enter into ngaman, may take a either of the faid two regiments, to ferve for the term of transfer of his right. three years, fhall and may take a transfer of the right of fuch man's right to the bounty of lands intended to be given by this act; and on producing to the furveyor-general a certificate figned by any officer or perfon authorized to mufter and receive the men to be raised by virtue of this |