couragement to claffes railing men.

be transfered by the

Lands granted as en- twenty days next after fuch clafs fhall be notified and directed to raise a man, deliver the man to be furnished thereby, in manner aforefaid, fhall be entitled to a gratuity of two hundred acres of land, out of the unappropriated lands belonging to this fate, in like manner as claffes delivering a man to ferve in any of the faid regiments, are entitled to. IV. And be it further enacted by the authority aforefaid, Which lands may That it shall and may be lawful for any clafs, or the major claires; and to whom. part thereof, to grant or transfer for the benefit of the whole, the whole right of fuch clafs to any lands it may become entitled to by this act, to the perfon whom the clafs fhall engage to ferve in any of the corps aforelaid, or to any other perfon or perfons whatfoever, whether of the clafs or not, and to the heirs and aligns of fuch perfon or perfons; and fuch grant or transfer being made in writing, and acknowledged or proved by the oaths of one or more of the witneffes to fuch grant or transfer, before any one of the judges of the fupreme court, or before any one of the judges of the inferior court of common pleas, fhall be a fufficient voucher whereby the perfon or perfons to whom fuch grant or transfer is made, may locate and be entitled to receive a grant for fuch lands, in manner directed in and by the faid Act for raifing two regiments for the defence of this ftate, on bounties of unappropriated lands, paffed March 20th, 1781.

V. And whereas feveral of the perfons to whom warrants were iffued in pursuance of the act for raifing of the faid two regiments for the defence of this flate, on bounties of unappropriated lands, have not within the time limited, inlifted the requifite number of men, in order to entitle themselves to commissions, and have notwithstanding hitherto continued to inlift men for the faid regiments; and it hath been fuggefted that if a farther day was granted for the purpose, they would complete their inliftments; Be it therefore enacted by the authority aforesaid, That each and every perfon to whom Further time given a warrant hath been, or fhall hereafter be granted, who to ra f men on boun- fhall inlift, and caufe to be muflered into the faid regiments, ties of faid lands. on or before the first day of June next, fuch number of men for the faid regiments, as the perfon adminiftring the government hath affigned or appointed, or fhall align or appoint, fuch perfons fhall refpectively be entitled to, and receive commiffions in the faid regiments, and be entitled to, and receive the bounties by the faid act to be granted, in like manner as if they had refpectively inlifted the requifite number of men, within the time by the faid act limited. But if fuch officers fo appointed, or to be appointed, fhould not raise the men by the time laft above limited, that then and in fuch cafe, it fhall and may be lawful for the perfon adminiftring the government of this ftate for the time being, by and with the advice and confent of the council of appointment, to iffue his warrant to fuch of the officers of the levies as he fhall approve, to recruit for the faid two regiments, or the corps which may be formed out of the fame; which officers, upon railing the number of men affigned, on or before the firit day of January next, fhall be entitled to commiffions, and the bounty in lands agreeable thereto: Provided always, That if any of the faid levies fhould be inlifted, they fhall continue to ferve for the term of two years from the faid first day of January next.

VI. And be it further enacted by the authority aforefaid, That every perfon already inlifted, fince the first day of Auguft laft, or that fhall inlift on or before the first day of June next, and who fhall continue to ferve for the term

of two years, to be computed from the day on which fuch perfon fhall be muftered, or who fhall be inlifted as aforefaid, after the faid fir day of June, by fuch officers of the levies as fhall be appointed as aforefaid to recruit, to ferve from the first day of January next, and delivered to fuch perfon or perfons, as the perfon adminiftring the government of this ftate for the time being, hath appointed, or fhall appoint, to muter and receive the men for the A bounty of 500 faid two regiments, fhall be entitled to the bounty of five hundred acres of unappropriated land, in the manner as in and by the faid act pafled the 20th March, 1781, perfons inlifting before the faid first day of Auguft, are entitled to. That the perfon appointed, or hereafter to be appointed to mufter the faid two regiments, fhall be allowed at and after the rate of twelve fhillings per day, for every day he fhall be actually employed in the faid fervice, agreeable to fuch account thereof as he fall produce, audited by the auditor for this flate.

acres.

to Love three years or

for two years.

Vill. And in order more effectually to complete the faid three regiments with permanent troops, Be it further enacted by the authority aforefind, Gritty of 60 acres That every perfon who fhall engage and deliver as aforeto fa ha procuremen faid, an able-bodied man to ferve for the term of three during the war. years or during the war, in any of the faid three regiments, fhall be entitled to, and receive a gratuity of fix hundred acres of unappropriated land, in manner as by the leventh fection of the faid act, paffed on the 20th March, 1781, is directed; and that every perfon who fhall fo engage, Algonacres to fuch and deliver an able-bodied man to ferve in either of the faid as egte men to ferve two regiments, for the term of two years, fhall be in like manner entitled to, and receive a gratuity of five hundred acres of unappropriated lands. That whenever any perfons entitled to lands by virtue of this act, fhall affociate in a fufficient number to take a whole township of feven miles fquare, the fame fhall be laid out in manner directed by the faid act, paffed the 20th of March, 1784; and each perfon's lot fall contain the quantity of acres fuch perfon may be entitled to by virtue of this The lands how to act. Provided always, That in every fuch township there fhall be laid out, one lot containing four hundred acres, for the fupport of the gofel; and two other lots containing each two hundred acres, for the use of fchools; and if any number of acres lefs than the least right, shall remain, they fhall in like manner be appropriated to the use of k.ools.

be laid out.

CHAP. XXXI.

A: ACT to ftay certain Proceedings at Law against the late Commiffiorers of Sequeftration, in Uller County.

W

Paffed 8th April, 1782. HEREAS it appears to the legislature, by fufficient evidence, that Benjamin Smith, of Newburgh, in the county of Ulfter, was apprehended when attempting to join the enemy; and that his effects were feized and fold by the late commiffioners of fequeftration in the faid county, who are now threatened, by the faid Benjamin Smith, with a fuit for fuppofed damages by him fuftained;

I. Be it crated by the peple of the fate of New-York, reprefented in ferate and assembly, and it is hereby enacted by the authority of the jame, That it shall

H

The commiffioners not be lawful for the faid Benjamin Smith, or any perfon int of fequentration in his behalf, to commence or profecute any fuit or action denmined for felling effets of Benjamin again the fild late commiffioners of the faid county or either of them, for or on account of any feizure or fale by them made of his effects, as aforefaid; any law to the contrary notwithfan ling.

Smith.

II. And be it further enacted by the authority aforefaid, That the fale of the perfonal edate of the faid Benjamin Smith, made as aforefaid, by the faid commillioners, is hereby declared to be good and valid in law.

CHAP. XXXV.

da ACT to prevent the Establishment of any Bank within this State ther than the Bank of North-America, and for incorporating the fame within this State. Paffed 11th April, 1782.

WHEREAS the United States in congrefs affebied, did, on the 26th day of May, 1781, refolve in the words following, viz.

to a bank.

Reciting refolutions "That congres do approve of the plan for establishing of congref. Telative a national bank in thefe United States, fubmitted to their confideration by Mr. Robert Morris, the 17th Day of May, 1781; and that they will promote and support the fame, by fuch ways and means, from time to time, as may appear neceflary for the inftitution, and confiftent with the public good. That the fubfcribers to the faid bank shall be incorporatedagreeably to the principles and terms of the plan,under the name of, The prefident, directors, and company of the bank of North-America, fo foon as the fubfcription all be filled, the directors and prefident chofen, and application for that purpofe made to congrefs, by the prefident and directors elected.

“Refolved, That it be recommended to the feveral fiates, by proper laws for that purpofe, to provide, that no other bank or bankers fhall be establifhed or permitted within the faid States refpectively, during the war. That the notes hereafter to be itfued by the faid bank, payable on demand, fhall be receivable in payment of all taxes, duties and debts due, or that may become due or payable to the United States.

"Refolved, That congrefs will recommend to the feveral legiflatures to pafs laws, making it felony without benefit of clergy, for any perfon to counterfeit bank notes, or to pafs fuch notes knowing them to be counterfeit; alfo making it felony without benefit of clergy,for any prefident,infpector, director, officer, or fervant of the bank, to convert any of the property, money, or credit of the faid bank, to his own ufe, or in any other way, to be guilty of fraud or embezzlement as an officer or fervant of the bank."

And whereas the congress of the United States did, on the thirty-first day of December, 1781, pafs an ordinance to incorporate the fubfcribers to the bank of North-America, in the words following, viz.

"Whereas congrefs, on the twenty-fixth day of May laf, did, from a conviction of the fupport which the finances of the United States would receive from the efablishment of a national bank, approve a plan for fuch an infüitution, fubmitted to their confideration by Robert Morris, Efq. and now olged among the archives of congreß; and did engage to promote the fame by the mot effectual means; And whereas the fubfcription thereto is now filled from an expectation of a chatter of incorporation from congrefs,

the directors and prefident are chofen, and application hath been made to congrefs by the faid prefident and directors for an act of incorporation; And whereas the exigencies of the United States render it indifpenfably necefiary, that fuch an act be immediately pafled;

"Be it therefore ordained, and it is hereby ordained by the United States in congrefs affembled, That thofe who are, and those who frail become Stile of the corpora- fubfcribers to the faid bank, be, and for ever atter fhall be a corporation and body politic, to all intents and purposes, by the name and file of, The prefident, directors, and company of the bank of North-America.

tion.

the amount of ten mil

no more.

"And be it further ordained, That the faid corporation To hold property to are hereby declared, and made able and capable in law, to Lons of dollars, and have, purchase, receive, poffefs, enjoy and retain lands, rents, tenements hereditaments, goods, chattels and effects, of what kind, nature, or quality foever, to the amount of ten millions of Spanish filver milled dollars, and no more; and alfo to fell, grant, demife, alien, or difpofe of the fame lands, rents, tenements, hereditaments, goods, chattels and effects.

"And be it further ordained, That the faid corporation To fue and be fied. be, and fhall be for ever hereafter able and capable in law, to fue and be fucd, plead and be impleaded, anfwer and be answered unto, defend and be defended in courts of record, or any other place whatfoover ; and to do and execute all and fingular other matters and things, that to them fall or may appertain to do.

●ficers.

"And be it further ordained, That for the well-governTo choose their own ing the faid corporation, and the ordering of their affairs, they fhall have fuch officers as they fhall hereafter direct or appoint: Provided nevertheless, That twelve directors, one of whom shall be the prefident of the corporation, be of the number of their officers.

"And be it further ordained, That Thomas Willing be The prefent prefi- the prefent prefident; and that the faid Thomas Willing, dent and direct rs. and Thomas Fitzfiminons, John Maxwell Nefbit, James Wilson, Henry Hill, Samuel Ofgood, Cadwallader Morris, Andrew Caldwell, Samuel Inglis, Samuel Meredith, William Bingham and Timothy Matlack, be the prefent directors of the faid corporation; and shall fo continue until another president and other directors fhall be clofen, according to the laws and regulations of the faid corporation.

for ordering their afLairs.

And be it further ordained, That the prefident and diTo exercife powers rectors of the faid corporation, fhall be capable of excrcing fuch power, for the well-governing and ordering of the affairs of the faid corporation, and of holding fuch occafional meetings for that purpofe, as fhall be defcribed, fixed, and determined by the laws, iegu lations and ordinances of the faid corporation.

"And be it further ordained, That the faid corporation To make laws for may make, ordain, efablin, and put in execution fuch ier grennent. laws, ordinances and regulations, as fhall feem neceffary and convenient to the government of the faid cor; oration: Provided afyays, That nothing herein before contained, fall be confrued to authorize the fad corporation, to excrcife any powers in any of the United States, repugnant to the laws or conflitution of fuch flate,

To have a common feal.

"And be it further ordained, That the faid corporation fhall have full power and authority, to make, have, and ule a common feal, with fuch device and infcription as they fhall think proper; and the fame to break, alter and renew at their pleafure, "And be it further ordained, That this ordinance fhall be conflrued and taken moft favourably and beneficial for the faid corporation."

And whereas the United States in congrefs aflembled, did, on the gift day of December, 1781, refolve, That it be recommended to the legislature of each ftate, to pass fuch laws as they may judge neceffary for giving the foregoing ordinance its full operation, agreeably to the true intent and meaning thereof, and according to the recommendations contained in the refolutions of the 26th May laft ;

fta e.

1. Be it therefore enacted by the people of the flate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, The faid bank in. That the faid bank mentioned in the faid ordinance, fhall corporated within this be, and is hereby incorporated and made a body politic within this ftate, by the name and file of, The prefident, directors, and company of the bank of North-America, with all and fingular the powers, privileges, and immunities in the faid ordinance fpecified; and And no other bank that no other bank, public or private, fhall be eftablished to be eftabl hed dur- within this ftate, during the prefent war with Great-Britain, ing the prefent war. on pain of the forfeiture of one hundred pounds for every o Tence, by every perfon concerned in fuch bank or banks, being thereof convicted in the fupreme court of judicature of this ftate; which forfeiture fhail go one half to the complainant, and the other half to the treafury of this flate.

fit of clergy, to coun

II. And be it further enailed by the authority aforefaid, Felony without bene- That if any perfon fhall forge or counterfeit any bank note te: feit dheir notes. or notes, iffued or emitted, or to be iffued or emitted by the faid bank hereby incorporated, or fhall alter any fuch bank note, fo that the fame fhall appear to be of greater value than the fame was at the time of the iling or emitting thereof, intended to pass for; or fhall pafs or give in payment, or procure to be paid or given in payment, any fuch counterfeit or This claufe repeal altered bill, knowing the fame to be counterfeit or altered; ed 11th fa, ch. 20. the perfon fo of ending, fhall be deemed guilty of felony, and fhall, on conviction, fuffer the pains, penalties and forfeitures, prefcribed by law in cafes of felony without benefit of clergy. III. And be it further enaced by the authority aforefaid, Or for any of their That if any prefident, infpector, director, or fervant of the officers or fervants to faid bank, fhall fraudulently convert any of the of the bank to their money, or credit of the faid bank, to his own ufe, he fhall be deemed guilty of felony; and fhall, on conviction, suffer pains, penalties and forfeitures, prefcribed by law in cafes of felony, without benefit of clergy: Provided always, and it is further enacted, That nothing Th's act not to it in this act contained, fit all be conflrued to imply any right Elfs to create bodies or power in the United States in congrefs atiembled, to create bodies politic, or grant letters of incorporation in

Convert any property

ply any right in con

any cafe whatfoever.

property,