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LAWS of the State of NEW-YORK,

Paffed in the Sixth Seffion of the Legiflature, held at
Poughkeepfie, in Dutchefs County.

CHAP. I.

Explained and amends An ACT relative to Debts due to Perfons within the

ed difti. ch. 12.---
Joch ff. ch. 94.

Enemy's Lines.
Became a law 12th July, 1782.

WHEREAS many of the inhabitants of this flate, who have not

remained within the enemy's power, and who were indebted to others who did fo remain, are now threatened with fuits, and have it not in their power to recover from those who are indebted to them, and remained within the power of the enemy;

provifion by the le

gilature.

*

1. Be it therefore enacted by the people of the ftate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, Certain faits for debt That all fuits and profecutions for any debt, arifing on fimple discher ed till further contract, bills fingle or penal, or any other obligation, mortgage, fecurity or demand whatfoever, due by or from any perfon not within the enemy's power or lines, to any perfon that has remained with, gone into, or has in confequence of any law of this ftate, been fent within the enemy's power or lines, already cominenced, or which hereafter be commenced, fhall be ftayed until the legiflature * See 7th fer. ch. fhall make further + provifion in the premises, any law to the contrary notwithstanding.

54. fec. 6.

Preamble,

Reciting the juftice of giving relief to certain debtors.

II. And whereas it is alfo juft and reafonable, that provifion fhould be made for the relief of fuch citizens of this flate, who, having received in payment of debts due to them, paper currency, which at the time of fuch payment, was a legal tender, and which they might of right have paid in difcharge of any debts due by them, but which it was not in their power to pay to fuch of their creditors as have remained with, gone into, or were fo fent within the enemy's lines; and which money has, fince the receipt thereof, depreciated in their hands: And whereas it is impoflible to apply one general rule, to all the variety of cafes, which do or may arife; Be therefore further enacted by the authority aforesaid, That in every fuit or profecution which fhall be commenced after the legiflature fhall by law have declared, that the receffity offtayin g'fuch fuits or profe cutions as aforefaid, does no longer exif, by any perfon who may have remained with the enemy, gone in to them, fent or to be fent as aforefaid unto them, against any person who has remained without the power of the enc my, it fhalland may be lawful for the court in which fuch fuit fall be commenced or profecu.ed, and the court is hereby required, on motion of the defendant or his attorney, to appoint three or five referees, at the option of the court, to try the matter in controverfy; and the defendant fhall, and here

Not in the original, but inferted by virtue of an aft paffed 4th of May, 1784, feff. 7. ch. 54.Séc. 1,

by is allowed to plead before fuch referees, any fpecial matter; and if it fhal appear to the faid referees, or the major part of them, that the special matter alledged and proved by the defendant, is of fuch a nature, that in equity and good confcience, abatement ought to be made from any fum or fums, due by fuch defendant, the referees fhall, by majority of voices, determine the quantum of fuch abatement; and having made their report and award, in writing, fhall return the fame into court; and the court fhall thereupon give judgment, and order execution to iffue in favour of the plaintiff, for the jum fo awarded to be due to the plaintiff: Provided, That fuch execution fhall not be levied until the expiration of three years, next after the enemy shall be expelled from, or fhall have abandoned the city of New-York.

payable in difcharge

III. And be it further enacted by the authority aforefaid, Certain certificates That it fhall and may be lawful for every defendant, to pay of certain debts. in difcharge of any debts fo found due as aforefaid, to fuch plaintiff as aforefaid, certificates or notes figned by any commiflioner of loans of the United States, according to the value thereof as fettled by the continental fcale of depreciation, or certificates for money due on loan by this flate, according to the value thercof, afcertained by law.

ors may cite their cre

court to have a fettlement.

IV. And be it further enacted by the authority aforesaid, When certain debt. That it fhall and may be lawful for any perfon, now withditors before any out the power of the enemy, being a debtor to any person now within the power of the enemy, at any time after the enemy fhall be expelled from, or fhall have abandoned the city of New-York, and that the legislature fhall have by law, declared that fuch fuits as aforefaid fhall be no longer flayed, to cite his creditors before any court of law in this state, to have a fettlement, and make payment agreeCreditors refufing able to the mode prefcribed by this act; and if the creditors mappe, barred from hall refufe to appear and come to trial, within two terms next after fuch citation, he fhall be, and hereby is declared precluded from recovering his faid debt, due or demand, or

recovering their debts.

to be barred and any part thereof.

without the power of

V. Be it further enacted by the authority aforesaid, Debts from fubjects. That any fubject or fubjects of this ftate, not in the power or the enemy, &c. lines of the enemy, who are indebted by fimple contract, bill, fingle or penal, or any other obligation, mortgage, fecurity or demand whatfoever, to any perfon or perfons that have cither remained with, gone into, or have in confequence of any law of this ftate, been fent within the enemy's power or lines, for fuch fubjects of this fate, not in the power or lines of the enemy, fo indebted, fhall be, and hereby are discharged from any intereft which may have become due on fuch contract, bill, obligation, mortgage or fecurities, fince the first day of January, one thoufand feven hundred and feventy-fix, to the first day of Jamiary, which fhall follow next after the conclufion of the prefent war; any law, ufage or cuflom, to the contrary Debts contracted notwithflanding: Provided, That nothing in this claufe confince the tracary, tained, fall be deemed to operate a difcharge of any intereft fiom interelt. which may have accrued on any fuch bill, obligation, mortgage, or other fecurity,executed fince the faid firi: day of Janu Wint chargersare ary, one thousand feven hundred and feventy-fix: Provided a word the telt of nevertheles, That no perion or perfons fall be allowed the benefit of this act, unless he, fhe or they fall fr have taken the oath of abjuration, and the oath of allegiance to this flate, and hall bain a courfeate figned by twelve reputable and well-affected felolders

177), not 1 harged

See 12th feff. ch.49.

of this state, one whereof fhall be a judge of the inferior court of common pleas of the county in which the perfon named in fuch certificate fhall refide, certifying that he or she is well attached to the freedom and independence of the United States of America, and have taken an active and decided part therein: And provided further, That this aft shall not extend to any debt or debts, contracted or made, or hereafter to be made, for the ufe of the flate, for the payment of which the faith thereof is pledged: And alfo provided further, That nothing in this act contained, fhall be conftrued to extend to any perfon that heretofore Explained 7th feff. hath been, now is, or hereafter fhall be a ‡ prifoner with the

54. fec. 8.

enemy.

С НА Р. XI.

An ACT to prevent Grants or Locations of the Lands therein mentiored. Pafled 25th July, 1782.

Preamble.

WHEREAS congrefs have, by feveral of their acts,

declared, that certain quantities of land should, at the termination of the prefent war with Great-Britain, be granted to the perfons refpectively defcribed in fuch acts, officers and foldiers in the army of the United States; And whereas the legislature of this flate are inclined to make provifion to carry into effect the faid acts of congrefs at a future day, fo far as they refpect officers and foldiers in the army of the United States, who have a right to fuch grants from this flate;

the troops.

11th ff. ch. 89. Sec.

I. Be it therefore enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, Certain lands et That all the lands, fituate, lying and being in the county of apart for the use of Tryon, bounded on the north by lake Ontario, the Onondago river, and the Oneida lake; on the weft by a line drawn from the mouth of the Great Sodus or Afforodus creek, through the most wefterly inclination of the Seneca lake; on the fourth by an eat and weft line drawn through the mott foutherly inclination of the Seneca lake ; and on the eaft by a line drawn from the most wefterly boundary of the Oneida or Tufcarora country, on the Oneida lake, through the most wefterly inclination of the weit bounds of the Oneida or Tulcarora country; Repealed 9th for fhall be, and the fame is hereby declared to be fet apart, and h. 5. fec. 36.---Se aligned for the purpofe of making grants to major-generals 4- and 12th feff.ch.44. and brigadier-generals, who at the time of their entering into the fervire, were inhabitants of this ftate, and to the troops of this flate, ferv ing in the army of the United States, and their legal reprefentatives, agreeable to any acts ofcongrefs heretofore published and declared, or any law or laws hereafter to be palled by the legislature of this flate; and to fuch other perfons as the leg flature may hereafter deem it neceflary to provide for, by gratuities in land, on account of their military fervices in the army of the United States. And the furveyor-general for the time being, fhall be, and he is Surveyor-general hereby ftriétly inhibited from receiving and accepting of any oltromar cep - locations on any part of the lands fo fet apart, except for flande, except for certificates lodged in his office, before the palling of this aft; certas.certificates, and excepting out of the faid tract folet apart, a certain tract of land within the bounds following, to wit; Beginning at the mouth of a brook or fall river which empties into the eall fide of the river proceeding

ing locations on the

from the Cayuga lake, being known by the name of Teyagokaryen, and running thence foutherly along the north-eafterly bank thereof, to a ford at the north end of the pond or lake, called and known by the name of Wafko; thence fouth-well to the Cayuga lake; thence northerly along the bank of faid lake, to Teyagokaryen, the stream firft above-mentioned: And the furveyor-general is hereby alfo firictly inhibited from receiving and accepting of any locations on any part of the lands contained in the tract laft defcribed. 1. Ad be it further ented by the authority aforesaid, Toreceive locations That it fhall and inay be lawful for the furveyor-general to townships even miles receive locations in that part of the tract by this act fet apart, Repealed 9th ff. for the ufe of the troops of this ftate, ferving in the army of the United States, for a quantity of land equivalent to two townships of feven miles fquare each, in that part of the tract fo fet apart, which lies between the Seneca and Cayuga lakes, and adjoining to any locations heretofore made.

for land equal to 2

fquare each,

ch. 67. fec. 36.

for lands located un

stances.

III. And be it further enaded by the authority aforefaid, To refufe certificates That it fhall and may be lawful to and for the furveyor-geder certain circum- neral, and he is hereby required to refufe certificates to any Repealed 9th ff. perfon or perfons, who already have, or hereafter fhall ch. 67. f. 36. See locate any lands, which, at the time of fuch location, were 11th feff. ch. 89. fec.2. actually occupied and poffeffed by any perfon or perfons, fubjects of this state; or which have been in the actual poffeffion and improvement of any perfon or perions, fubjects of this ftate, fince the commencement of the prefent war with Great-Britain; or which were heretofore, when this ftate was a colony, referved and applied for public ufes; any thing in any law of this ftate, to the contrary notwithstanding: Provided always, Provifo, That nothing in this claufe contained, fhall be taken or Allowing furveyor deemed to inhibit the faid furveyor-general, from pafling ficates for any dands certificates for any lands located, or to be located, and of the fix nations of which now are, or heretofore were poffeffed and occupied and Tufcarora ex- by any of the Six Nations of Indians, the Oneida and TufProvifo, in favor of Caroras excepted: Provided alfo, That the furveyor-genercertain prior locati al fhall not refufe any certificates to perions who have located lands, which they were authorifed by law to locate, and which they themselves occupy and poffets, except for fuch lands before mentioned, which were heretofore referved and applied for public ufes.

general to pafs certi

Indians, the Oneida

cepted.

ons, with an excep

tion.

and uneafinefs in

42. fec. 11.

Preamble, IV. And whereas it has been reprefented to the legislature, Setting forth fears that fears and uneafinefs prevail among the inhabitants of King's diftrict, with King's district, in the county of Albany, by reafon of fugthe cause thereof. geftions and pretences by other perfons, that the whole or part of the lands comprised within the faid diftrict, are fill vacant, as having never been granted: For removing fuch fears and uneafinefs, Be it enacted See 14th ff. ch. by the authority aforefaid, That the eftate, right, title, or interefl of any perfon or perfons, of, in, or to any lands within the said district, and not within any grant or patent, made or iflued under the great deal of this ftate, while the fame, as the colony of New-York, was fubject to the crown of Great-Britain, fhall not in any wife be impeached, queftioned or injured, by reafon or colour that fuch lands were not heretofore in due form of law, granted in fee fimple by the government of this ftate, while the fame was a colony of New-York; or fince the declaration of the independence thereof.

V. And whereas the wardens and veftry of the two churches at the HighLands and Peek's-Kill, with fundry inhabitants of Cortlandt's Manor, by their memorial prefented to the legislature of this ftate, reprefented, That in the year one thousand feven hundred and feventy-two, Beverly Robinfon and Sufannah, his wife, tendered to convey to the faid wardens and veftry, the farm then in poffeflion of Ebenezer Jones, near Continental Village, containing two hundred acres, for the purpose of a parfonage and glebe: That the memorialifts, in confequence of fuch tender, purchated the improvements of the faid Ebenezer Jones, and proceeded to build the houfe now on faid farm, called the Yellow-Houfe; that they were in poffeffion of the faid farm and house, until the fervice of the country demanded them to yi ld the fame for public ufe; Be it enacted by the authority aforefaid, That it fhall not be lawful for the commiflioners of forfeitures, of the middle diftrict of this flate, to fell or difpofe of the faid houfe and farm; nor the commiffioners of fequeftration to let or demife the fame, until the legiflature fhall specially order the fame; and that the faid wardens and veftry fhall and may occupy, poffefs, and enjoy the faid premifes, until fuch further order fhall be made.

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LAWS of the State of NEW-YORK,

Paffed in the Sixth Seffion of the Legiflature, held at Kingston, in Ulfter County, by Adjournment.

CHAP. XII.

An ACT to prevent private Lotteries, to remit certain Penalties, and to repeal

Preamble.

the Acts therein mentioned.

Pafled 14th February, 1783.

WHEREAS experience has proved, that private lot

teries occafion idleness and diflipation, and have been

productive of frauds and impofitions;

nu Lince,

1. Be it therefore enacted by the people of the flate of New-York, reprefented in fenate and affembly, and it is hereby enalled by the authority of the fame, Loteries deemed a That each and every lottery, other than fuch as fall be authorised by the legiflature, fhall be deemed a common and public nuifance; and the juftices of the fupreme court, and all other julices of the courts of oyer and terminer or gaol delivery, and the juttces of the courts of general or quarter feffions of the peace, at their feveral courts, within any of the refpective counties in this ftate, fhall have cognizance of fuch offence, and are hereby enjoined and required, in all and every of their charges hereafter to be made or given by them to the grand jurors in their refpective courts, ftrictly to charge fuch grand jurors diligently to enqu're And indictable. of, and to prefent or indict all offences against this act; and the court to which an indictment or prefentment fhall be preferred for fuch offence, fhall be, and are hereby empowered and enjoined,

I

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