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appointment, to appoint the commission officers to fuch regiments, and by and with fuch advice and consent, to issue warrants, in the first instance, to such and to many persons as captains and fubalterns as he shall deem proper and neceffary, Ipeedily to inlift the men for the service aforesaid, and under such regulations and refrictions as he shall judge proper : Provided always, that the number of officers fo by him warranted as aforesaid, thall not exceed in number the continental establishment.

III. Ad be it fir!her chaced by the authority aforefaid, Gorernor to employ That it shall be lawful for the person administring the goprestatulerud ir vive inen. vernment of this state for the time being, to employ and authorize such and so many warrant officers and others, as he it all deem proper and neceflary, to muster and receive persons to be inlisted by virtue of this act; and to give to such persons certificates of their inlillments, thereby to be entitled to the bounty of land intended to be given by this act: That ifa fufficient number of men to compose a regiment as aforesaid, shall not be railed on or before the first day of August next, the person adminiitring the government shall be authorised to arrange and form the men then raised, into an independent corps, in such manner as the person adminiftring the government of this state for the time being, shall deem proper ; and that if after one regiment is completed, there shall be a number of men inlisted beyond the conpicinent of one regiment, and not futhcient to complete another regiment, they fhall be arranged, disposed of, and formed into an independent corps, in ihe inanner before prescribed.

IV. And be it further eriaćicd by the authoriiy aforesaid, That the faith of the state be, and is hereby pledged to the officers, non-commissioned officers,

Lands to be granted and privates, composing such regiments or corps, that the katta xpiration legislature of this ftate will grant unto such officers who fail e duir fervice.

be commiflionated, and to such non-commissioned officers and privates as shall inlist in the faid regimen:s, and who shall continue :o ferve during the time aforesaid, or until the time they shall respectively be dismiiled or discharged, if such disini!lion or discharge inil take place before the end of the said three years; or to the legal representatives of such oilcers, non-coinmiilioned oificers and privates as shall die while in fervice, tie following several quantities of unappropriated lands respectively, to wit: To a lieutenant-colonel and major, each four rights; a captain and surgeon, each three rights ; a lieutenant, enlign, and surgeon's mate, each two righuis; and each non-commillioned officer and private, one right; and that cach right shall confit of five hundred acres : That it shall be lawful for any per

How to be located son entitled to any quantity of lands by virtue of this act, 10 2nd grantel. locate the lands which such person shall eleet to be granted to him; and that the legislature will, as soon after the expiration of the said tiine of service as a survey of the said lands can be with safety performed, grant to such person, without fee or reward, or quit-rent reserved, the quantity of lands to which he may be entitled, out of the lands fo located: That whenever any number of persons entitled, collectively, to fixty-one rights, skall join in a location, the lands to located shall be laid out in a township oi feven miles square, and granted to the faid persons, according to their net pueri ve rights therein ; and that in each fuch township, the remaining right Ihall be relerved for the support of the gospel, and the remaining three hundred and fixty acres, shall be reserved for the use of a school in fuch township. That wherever any of the lands to be granied in pursuance of this act, nhill be located in quantities less than a township of seven miles quare, the seriun


der in chicf.

or persons locating such lands, shall defray the expence of the survey thereof; but if a township înail be located, the state shall be at the expence of running the out-lines of such township: Provided, That no locations shall be made on lands heretofore granted, or on lands belonging to the Oneida and Tuf carora Indians : And provided, That the lands to be granted by each grant, shall be laid out as nearly in a square, as the next adjacent appropriated lands will admit of: That whenever any location shall be made by any person belonging to the faid regiments or corps, a description of the lands so located, and the person's name by whom, and in whose right such location is made, fliall be filed with the surveyor-general of this state for the time being; and the person adminiftring the government of this state for the time being, by and with the advice and consent of the council of appointment, is hereby authorised and required, as soon as may be after the palling of this act, to

Council of appoint- appoint a surveyor-general for this state ; and if it shall appear ment to appoint a to the faid surveyor-general, that the lands so located are -general.

described with fufficient certainty, that the same have not His duty.

heretofore been granted, and do not belong to the Oneida

and Tuscarora Indians, the surveyor-general shall approve such location, and cause the fame to be filed in the secretary's office of this ftate; and the person making such location shall, immediately after the expiration of his time of service, be entitled to a grant of the lands so located.

V. And be it further cnačled by the authority aforesaid, That the said regiments corps to be raised in pursuance of this ad, shall be subject to the Troops subject to

rules and articles of war, established for the regulation of the direction of courmand army of the United States, and be under the command of

the commander in chief of their army: Provided always, That none of the said regiments, or any part or detachment thereof, shall serve out of this state, without the order or consent of the person administing the government of this state for the time being.

VI. And be it further enacted by the authority aforesaid, Owner of a lave That any person who shall deliver one or more of his or the laid troops, enti- her able-bodied male slaves, to any warrant officer as aforeriflır, and discharged said, to serve in either of the said regiments or independent froin inaintaining corps, and produce a certificate thereof, ligned by any officer such ilave.

or person authorised to muster and receive the men, to be raised by virtue of this act, and produce such certificate to the surveyor-general, shall

, for every male slave so entered or mustered as aforesaid, be entitled to the location and grant ofone right, in manner as in and by this act is directed; and shall be, and hereby is difcharged from any future mainte

Such tlave after fer. nance of fuch Nave; any law to the contrary notwithstandvice to be a free man. ing : And such llave, fo entered as aforesaid, who shall serve for the term of three years, or until regularly discharged, shall, immediately after such service or discharge, be, and is hereby declared to be a free man of this state.

VII. And to encourage as far as posible, the speedy completing of the said regiments; Be it firther enalled by the authurity afurefaid, That every

Any per fon furnish. person who shall engage an able bodied man, to en:er into ng aman, may take a either of the said two regiments, to serve for the term of transter of his right three years, shall and may take a transfer of the right of such man's right to the bounty of lands intended to be given by this act; and on producing to the surveyor-general a certificate signed by any officer or person authorized to mufter and receive the men to be raised by virtue of this

24, shall and may locate, and be entitled to receive a grant for the same, as if such person had actually entered, and served in either of the said regiments

Sadı lands not im. for the term aforesaid: Provided always, That the person after the war, wo be receiving such grant shall, either by himself or some other Enfiied. person on his behalf, make an actual settlement on, and improve such lands, within three years next after the conclusion of the war, or that the same shall be deemed as forfeited, and revert to the use of this state.

VIII. And be it further enated by the authority aforesaid, That the said lands hereby directed to be granted to the faid officers, non-commissioned officers and privates, shall be deemed and construed to be in lieu of all and every bouilty, allowance of half pay, or emolument whatsoever, on the

By shorn tire troops part of this state. That the levies to be raised in pursuance ze's be muttered." of this act, shall be mustered by such person, and in such manner, as congress, or the commander in chief of the army of the United States shall direct.

CH A P. XXXIII. AN ACT to enable the Person administring the Government to exchange fer

funs applying for that Purpose, as Prisoners of War, for the Subjects of this State, Prisoners of War with the Enemy.

Passed 20th March, 1781.

E it enačied by the people of the flute of New York, represented in fenate

and assembly, and it is hereby enabled by the au: hority of the fume, That it shall and may be lawful for the person administring the government

Tize gwernor upon for the time being, as often as he shall deem it expedient to application to ex exchange any inhabitant of this state whom he shall judge a sange any inhabitant as a prisoner of proper object for such exchange, and upon the application

of such inhabitant, as a prisoner of war, for any person or persons subjects of this state, prisoners of war with the enemy, in like manner as if such in habitant applying for such exchange, was a subject of the king of Great-Britain, and had been made a prisoner when in arms againit this ftare : That every such application shall be made in writing; and if the person administring the government shall consent thereto, and approve thereof, he shall certify such consent and approbation, by an endorseinent on the writing containing such application, and shall cause the said application and certificate to be filed in the secretary's office of this state, there to be record

The perfon apply. ed; and the said inhabitant so applying, Mall, from and iminternet be treated as a mediately after the date of such certificate, be, and is hereby prif ner of war,

declared to be, and shall be deemed and treated as a prisoner An' lris real estate of war to this state, and a subject of the king of Great-Britain;

and all and singular the real estate held orclaimed within this flate, by such person, on the day of the date of the said certificate, shall be, and hereby is declared to be forfeited to, and vested in the people of this state,


LAWS of the State of NEW-YORK,

Passed in the Fifth Session of the Legislature, held at

Poughkeepsie, in Dutchess County.

1 26.

the fame.


CH A P. IV. An ACT 10 remedy the Miftakes and De Els in the Proceedings for Corition 0;" Perfons who have adhered to ihe Enemy', grouided on an Adl, eniiled,

An Act for Firsciture and Sale of the Eftales of Perfons wio $3d feff. ch. 25.

hare adhered to the Enemies of this Sine, and for dechwing the Sorereignty of the People of this Sate, in refpeâ in all Property within

Palled 13th November, 1781. Preamble.

HEREAS divers errors, misprilions, deviations from

the forms prescribed by the said act, misdescriptions of justices before whoin the indictments were taken, and divers incertainties as to the times of charging the facts in feveral of the indictments, grounded on the said act, have taken place in many cases, as well in the indictments as in the sheriff's notices, grounded thereon; and also divers mistakes have been made in not returning into the supreme court of judicature of this fare, the examinations whereon some of the said indictments have been found; And whereas public justice regaires, that in all such cafes as aforesaid, as well those in which judgment has been rendered, as those in which judgments fill remain to be rendered, all such mistakes, defects and deviations, from the requifites of the frid act, should be remedied;

1. Be it therefire eruied by the people w the fate of New-York, represented in fericite wird es.bly, and it is hereby enacted by ihe authoriiy of the frame, Errors remedied

That all such errors, misprisions, misdescriptions and devia

tions; and also all such incertainties as aforesaid, as to the times of charging the facts in any of the said indictments, and in the sheriff's notices thereon, be, and each and every of them are hereby fully and abfoluely remedied; and that the proceedings in all such cases respectively, shall be deemed as effectual in the law, to all intents, constructions and purposes whatsoever, as if the said act had been fully and strictly pursued in every inAtance and particular in such proceedings; and as if no such errors, mifprisions, mildescriptions, or deviations in any of the said proceedings had taken place,

Prean.ble as to the II. And whereas doubis have arisen, whether between riff of Albany.

the first day of April laft, and the twenty-ninth day of September last, Henry I. Wendell or John Ten Broeck, was the lawful herit of the county of Albany, the faid persons having both officiated in the faid office between the faid days; and the faid Henry I. Wendell having publithed all the notices on such indićiments aforesaid, as have been found in the

Notices by Henry I. county of Albany: In order therefore to remove all doubts Well, declared to with respect to such notices as las aforesaid, the fame, and be duly published.

each and every of them are her by enacted and declared to have been duly published to all intents, confructions, and purposes in the law whatsoever, as if he was, during the time afvienaid, lawful f:criit of the

Ind counry.

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IX. An ACT declaring the Rates at which French Crowns and Guineas fhall be

Teceived in Payment of Taxes, and other Public Monies due to this State ; and making it Felony to counterfeit any Silver French Coins.

Passed 20th November, 1781. E it enabled by the people of ihe fate of New-York, represented in fenale

and allembly, and is is hercby enacted by the authority of the fame, That it shall be lawful for the treasurer of this state, and all other public officers concerned in the receipt of taxes, or other public monies on account of this ftate, to receive in payment of such taxes or other public monies, the filver

coins commonly called French crowns, at the rate of nine French crowns, at shillings lawful money of this stare, for each crown; and the 4. Each, and

gold coins commonly called French guineas, weighing five Trench quincas at penny-weight and four grains, at the rate of thirty-six shils. 4d. each.

lings and four pence, of like money, for each guinea. (The remaining part of this act, concerning counterfeiting, is repealer, 11th tefl. ch. 20. fec. 5.]

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Passed in the Fifth Session of the Legislature, held at

Poughkeepsie, in Dutchess County, by Adjournment.

CH A P. XXI. Singers and coi An ACT for the Appoininient of an Ar:ditor, and the Setlle14. goh lei, ch. 20.

meiit of the jublic Accounts of this Stae.

l'afled 230 March, 1782. HEREAS Comfort Sands, Esquire, auditor-general of this state,

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1. Be it therefore crafted by the pcople of the fate of New-York, represented in jende and assembly,arid il is herchi crocied by the diutworiiy oj tief, That the said refignation of Comfort Sands, Esq. bc, and is hereby accepted.

11. And whereas it is neceflary that the office of an auditor should be effatihed in this state, to exist for and during the time by this act appointed; Be it therefire eracled by the authority ciftrepid, That the office of an auditor, to fettle and adjust the public accounts of this state, na be and is hereby € ablished, and all and may exist within this state, for the term of two years from and aficr thc pafing of this act.

ill. And bei partner ended by the attiriy as tead, The conc] of ar- That it fall he lawful for the perion admin'tlring the go

vernment of this flate for the time being, by and with the advice and consent of the council of appointment, and he is hereby required, fortii with after the pafing of this adt, to nominate and apjoint an auditor

ki, mne to appoint

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