proved within 3 years

Enfeited.

act, shall and may locate, and be entitled to receive a grant for the fame, as if fuch perfon had actually entered, and ferved in either of the faid regiments Such lands not im- for the term aforefaid: Provided always, That the perfon after the war, to be receiving fuch grant fhall, either by himself or fome other perfon on his behalf, make an actual fettlement on, and improve fuch lands, within three years next after the conclusion of the war, or that the fame fhall be deemed as forfeited, and revert to the ufe of this state. VIII. And be it further enalled by the authority aforesaid, That the faid lands hereby directed to be granted to the faid officers, non-commiffioned officers and privates, fhall be deemed and conftrued to be in lieu of all and every bourfty, allowance of half pay, or emolument whatsoever, on the By whom the troops part of this flate. That the levies to be raised in pursuance are to be muftered." of this act, fhall be mustered by fuch perfon, and in fuch manner, as congrefs, or the commander in chief of the army of the United States fhall direct.

CHA P. XXXIII.

An ACT to enable the Perfon adminiflring the Government to exchange Ferfons applying for that Purpofe, as Prifoners of War, for the Subjects of this State, Prifoners of War with the Enemy.

BE

The governor upon application to ex. change any inhabi

war.

Paffed 20th March, 1781. Eit enacted 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 it fhall and may be lawful for the perfon adminiftring the government for the time being, as often as he fhall deem it expedient to exchange any inhabitant of this ftate whom he fhall judge a tant as a prifoner of proper object for fuch exchange, and upon the application of fuch inhabitant, as a prifoner of war, for any perfon or perfons fubjects of this ftate, prifoners of war with the enemy, in like manner as if fuch inhabitant applying for fuch exchange, was a fubject of the king of Great-Britain, and had been made a prifoner when in arms against this flate: That every fuch application fhall be made in writing; and if the perfon adminiftring the government fhall confent thereto, and approve thereof, he fhall certify fuch confent and approbation, by an endorfciment on the writing containing fuch application, and fhall caufe the faid application and certificate to be filed in the fecretary's office of this flate, there to be recordThe perfon apply. ed; and the faid inhabitant fo applying, fhall, from and iming to be treated as a mediately after the date of fuch certificate, be, and is hereby prifmer of war, declared to be, and fhall be deemed and treated as a prifoner And his real estate of war to this ftate, and a fubject of the king of Great-Britain; and all and fingular the real eftate held or claimed within this flate, by fuch perfon, on the day of the date of the faid certificate, fhall be, and hereby is declared to be forfeited to, and vefted in the people of this flate.

forfeited.

LAWS of the State of NEW-YORK,

Paffed in the Fifth Seffion of the Legislature, held at
Poughkeepfie, in Dutchefs County.

P26.

Preamble.

WE

CHAP. IV.

An ACT to remedy the Miftakes and Defells in the Proceedings for Convictionz
of Perfons who have adhered to the Enemy, grounded on an All, entuled,
An Act for Forfeiture and Sale of the Estates of Perfons who
3d feff. ch. 25. have adhered to the Enemies of this Stave, and for declaring
the Sovereignty of the People of this State, in refpect to all Property within
the fame.
Pafled 13th November, 1781.
7HEREAS divers errors, mifprifions, deviations from
the forms prefcribed by the faid act, mifdeferiptions
of juflices before whom the indictments were taken, and divers incertaintics
as to the times of charging the facts in feveral of the indictments, grounded
on the faid act, have taken place in many cafes, as well in the indictments
as in the fheriff's notices, grounded thereon; and alfo divers mistakes have
been made in not returning into the fupreme court of judicature of this flate,
the examinations whereon fome of the faid indictments have been found; And
whereas public juftice requires, that in all fuch cafes as aforefaid, as well those
in which judgment has been rendered, as thofe in which judgments fill re-
main to be rendered, all fuch mistakes, defects and deviations, from the re-
quifites of the faid act, fhould be remedied;

1. Be it therefore emalied by the people of the fate of New-York, represented
in fenate and affembly, and u is hereby enacted by the authority of the fame,
That all fuch errors, mifprifions, mifdefcriptions and devia-
Errors remedied. tions; and alfo all fuch incertainties as aforefaid, as to the
times of charging the facts in any of the faid indictments, and in the fheriff's
notices thereon, be, and each and every of them are hereby fully and abfolute-
ly remedied; and that the proceedings in ali fuch cafes refpectively, fhali be
deemed as effectual in the law, to all intents, conftructions and purposes
whatfoever, as if the faid act had been fully and flrictly pursued in every in-
flance and particular in fuch proceedings; and as if no fuch errors, mifpritions,
mifdefcriptions, or deviations in any of the faid proceedings had taken place.
Prean ble as to fhe- II. And whereas doubts have arifen, whether between
riff of Albany. the first day of April laft, and the twenty-ninth day of Sep-
tember laft, Henry I. Wendell or John Ten Broeck, was the lawful fherif
of the county of Albany, the faid perfons having both officiated in the fad
office between the faid days; and the faid Henry I. Wendell having publifh-
ed all the notices on fuch indictments aforefaid, as have been found in the
Notices by Henry I. County of Albany: In order therefore to remove all doubts
Wendell, declared to with respect to fuch notices as lafl aforefaid, the fame, and
be duly published. each and every of them are hereby enacted and declared to
have been duly publifhed to all intents, conftructions, and purpotes in the
Jaw whatfoever, as if he was, during the time aforefaid, lawful Theriff of the
fed county.

CHA P. IX.

An ACT declaring the Rates at which French Crowns and Guineas fhall be received in Payment of Taxes, and other Public Monies due to this State; and making it Felony to counterfeit any Silver French Coins.

Paffed 20th November, 1781.

BE it enacted by the people of the Rate of New-York, reprefented in fenate

and affembly, and i is hereby enacted by the authority of the fame, That it fhall be lawful for the treasurer of this ftate, and all other public officers concerned in the receipt of taxes, or other public monies on account of this flate, to receive in payment of fuch taxes or other public monies, the filver coins commonly called French crowns, at the rate of nine French crowns, at fhillings lawful money of this state, for each crown; and the gold coins commonly called French guineas, weighing five French guineas at penny-weight and four grains, at the rate of thirty-fix fhillings and four pence, of like money, for each guinea. [The remaining part of this act, concerning counterfeiting, is repealed, 11th feff. ch. 20. fec. 5.]

9. each, and

36s. 44. each.

LAWS of the State of NEW-YORK,

Paffed in the Fifth Seffion of the Legiflature, held at Poughkeepfie, in Dutchefs County, by Adjournment.

mended 7th feil. ch. 14. 9th feff. ch. 20.

CHA P. XXI.

Continued and a- An ACT for the Appointment of an Auditor, and the Settlement of the public Accounts of this State. Paffed 23d March, 1782. THEREAS Comfort Sands, Efquire, auditor-general of this itate, hath, by his letter to the legiflature, made his refignation of the faid

WH

office;

1. Be it therefore enacted by the people of the fate of New-York, reprefented infende and affembly, and it is hereby crated by the authority of the fine, That the faid refignation of Comfort Sands, Efq. be, and is hereby accepted.

II. And whereas it is neceflary that the office of an auditor fhould be effaBied in this ftate, to exift for and during the time by this act appointed; Be it therefore enacted by the authority aforesaid, That the office of an auditor, to fettle and adjust the public accounts of this ftate, fhall be and is hereby eablished, and fhall and may exift within this ftate, for the term of two years from and after the paffing of this act.

the go

III. And bei further enaffed by the au riy af refaid, The council of ap- That it fhall be lawful for the perion adminiflring Koment to appoint auditor. vernment of this flate for the time being, by and with the advice and confent of the council of appointment, and he is hereby requir ed, forthwith after the pafting of this aft, to nominate and appoint an auditor

His duty.

for this ftate; and that it fhall be the duty of the faid auditor to audit, liquidate and fettle all accounts now fubfifting, or which hereafter may arife, fubfift, or be between this ftate and any perfon or perfons acting, or having acted under the authority of the fame, or between this ftate and every other perfon or perfons whatsoever: And alfo to ftate all accounts heretofore fubfifting and now depending, or hereafter to fubfift or depend, between this flate and the United States of America.

IV. And whereas it is indifpenfably neceflary, that the accounts of this flate with the faid United States, fhould be ftated as speedily as poffible; Be Accounts of this flate it therefore further enacted by the authority aforesaid, That with the United States the faid auditor fhall, with all convenient speed, proceed to ftate the accounts of this state with the United States, in fuch manner, and on fuch principles as fhall from time to time be directed by the legiflature.

to be stated.

to require vouchers

the faid accounts.

V. And be it further enadied by the authority aforefaid, That the faid auAnditor antho-fed ditor be, and he is hereby authorised to require from fuch to enable him to state perfons who were formerly, are now, or hereafter fhall be officers, either civil or military, in the fervice of this ftate, fuch returns, abftracts or accounts, or vouchers by them officially taken or received, or in poffeffion of fuch officers, as fhall be neceflary to enable the faid auditor to fettle and ftate the faid accounts, or any of them; and to require any perfons who have received any monies for which they are, or hereafter may become accountable to this ftate, to account with him for the expenditures of fuch monies by fuch perfons refpectively received; and fuch perfons are hereby refpectively required, on the requifition of the faid auditor, to make fuch returns, and deliver fuch abftracts or vouchers as aforefaid, and to account with the faid auditor with all convenient speed.

VI. And be it further enacted by the authority aforesaid, That it fhall and may be lawful for fuch auditor to employ fuch clerk or clerks, and at fuch wages as he fhall from time to time judge neceffary, and moft beneficial to the ftate, to be paid by the treasurer of this ftate, out of any monies which fhall be in his hands unappropriated, on the certificates of the faid auditor; and that the faid treasurer fhall be, and he is hereby authorised to pay to the faid auditor, fuch fum or fums (not exceeding, in the whole, the fum of To receive money for one hundred pounds) as the faid auditor fhall from time to time require, to defray the expence of office hire, and other incidental charges, which he may be put to in difcharging the duties of his faid office.

incidental carges.

VII. And be it further enacted by the authority aforesaid, Ha filary 2501. That the faid auditor fall be allowed for his fervices in that Altered 7th felf, ch. 19th feff. ch. 20. ftation, for the year next enfuing the time of his taking the oath of office, at and after the rate of two hundred and fifty pounds, in fpecie,

per annum.

VIII. And be it further enucled ly the authority aforefid, That the fa'd auditor fhall from time to time make report to the legislature, of the progres he hall have made, and of any difficulties or impediments which he may meet with in the exccution of the duties prefcribed to him, in and by this act.

IX. And be it further enadied by the authority aforefaid, Treditor vented That all the powers and authority vefed in the auditor-geer as the auditor-general of th's flate, by virtue of any act for the recovery of debts due to, and the fettlement of accounts with this flate,

with the

or for any other purpose whatsoever, fhall and may be exercised by the audoor of this ftate, hereafter to be appointed in pursuance of this act.

X. And be it further enacted by the authority aforefaid, That the treafurer of this ftate, fhall pay any demands on account due from this flate, and audited by the auditor to be appointed by this act, in like manner as by law he was heretofore directed to pay fuch debts, audited by the auditor-general of the flate.

CHA P. XXII.

As ACT for raifing Troops to complete the Line of this State, in the Service of the United States, and the two Regiments to be raifed on Bounties of appropriated Lands, and for the further Defence of the Frontiers of this State.

Preamble.

15th feff, ch. 8.

W

Paffed 23d March, 1782. WHEREAS by a law of this flate, paffed on the 17th day of November, 1781, entitled, ‡ An act for the further defence of the frontiers of this ftate, the perfon adminiftring the govemment of this flate for the time being, was authorised to direct the raifing of fifteen hundred men, in the manner in the faid law directed, to ferve to the first day of January, in the year of our Lord one thousand seven hundred and eighty-three: And whereas there is a deficiency in the three regiments of this flate, ferving in the army of the United States, and it is neceffary to complete the faid regiments to their full eftablishment;

1. Be it therefore enacted by the people of the state of New-York, represented in fenate and affembly, and it is hereby enacted by the authority of the jame, That every clafs within the limits of every regiment of militia in this ftate, which may, by virtue of the before recited law, be required to furnifh a man to ferve to the first day of January, one thoufand feven hundred and eightythree, and which fhall engage fuch man, being able bodied, to ferve for the term of three years, or during the war, in any of the faid three regiments, and fhall obtain a certificate of the delivery of füch man to any perfon auEvery class procu- thorifed to receive the fame, by the perfon adminiftring the ring men to ferve government of this ftate for the time being, fuch clafs fhall three years, are enti ted to 600 acres of be entitled to a gratuity of fix hundred acres of land, out of the unappropriated lands belonging to this ftate, in like 4th feff. ch. 32. manner as by the feventh fection of an act, entitled, ‡ An act for raifing two regiments for the defence of this flate, on bounties of unappropriated lands, paffed March 20th, 1781; perfons were entitled to fuch Lands who fhould engage an able-bodied man to enter into either of the faid And for two years two regiments; and that every clafs who fhall fo deliver an able-bodied man to ferve for the time of two years, in either of the faid two regiments, fhall, in like manner as aforefaid, be entitled to a gratuity of three hundred and fifty acres of land as aforefaid.

50 acres.

[The reft of this act, except the 3d, 4th, 5th, 6th and 8th claufes, is obfolete.] III. And whereas the inhabitants of this ftate, are fo greatly diftreffed for the want of fpecie, that it is become indifpenfably neceflary that further aid fhould be afforded them to raife fuch of the faid fifteen hundred men as may not enter into any of the regiments aforefaid; Be it therefore enacted by the authority aforefaid, That every class which fhall before the expiration of