7. Witnesses, Not bound to give any other evidence than such as required at a trial at common law.

An ACT for settling the Disputes and Controversies between the Representatives of John Van Rensselaer the elder, deceased, and the Possessors of Lands in the Town of Hillsdale, in the County of Columbia.

Paffed April 2d, 1803.

WHEREAS, a of Albany, efquire, hufband of Cath

HEREAS a controverfy has long existed between Philip

arine Schuyler, deceafed, Philip I. Schuyler, of Rhinebeck, in the county of Dutchefs, and Renffelaer Schuyler, of Saratoga, in the county of Saratoga, gentlemen, John B. Church, of the city of New-York, efquire, and Angelica his wife, Alexander Hamilton, of the fame city, counsellor at law, and Elizabeth his wife, Washington Morton, of the fame city, counsellor at law, and Cornelia his wife, Catharine Schuyler, daughter of Philip Schuyler first aforefaid, Philip Schuyler the younger, and Stephen Van Renffelaer the younger, grandfons of the fame Philip; which faid Philip, Renffelaer, Angelica, Elizabeth, Cornelia and Catharine, are children, and the faid Philip the younger and Stephen the younger, grand-children of the faid Catharine Schuyler deceased; alfo, Henry Van Renffelaer, of Claverack, in the county of Columbia, efquire, James Van Renffelaer, of Bethlehem, in the county of Albany, and John Van Renffelaer, of Greenbush, in the county of Renffelaer, gentleman, Jacob R. Van Rensselaer, of Claverack, in the county of Columbia, attorney at law, Jeremiah Van Renffelaer, Henry Van Renffelaer the younger, James Van Renffelaer the younger, Catharine Van Renffelaer, and Angelica Van Renffelaer, children of Robert Van Renffelaer, late of Claverack, in the county of Columbia, deceafed, for themfelves and the grand-children of the faid Robert Van Renffelaer, deceafed, the reprefentatives of John Van Renffelaer the elder, late of Greenbush, in the county of Albany, who are claiments of a tract of land granted by letters patent to the faid John Van Renffelaer, dated the twenty-fourth day of February, in the year one thoufand feven hundred and feventy-three, of the one part; and William Tanner, Thomas Wiltfe, Daniel Downing, Charles Truefdell, Ebener Hatch, Ezra Benedict, William Schutt, Lemuel Daniels, Simeon Rowly, Jofeph Rodman, Samuel Seelding, Hezekiah Tickner, William Chace, Andrew Adams, John Heath, James Lefter junior, John Hunt, John Cadwell, Ebenezer Soule junior, Jabez Grifwold, Afa Colkins, Samuel Pratt, Levi Vinfon, Solomon Doty, Joshua Meeker, Sabrah Heath, Oliver Mallery, John Jones, Ira Morfe, Afa Palmer, Walter L. Patchen, Ichabod Wheten, Williams Huntly, Auguftine Webster, John Hatch, Peter Woodin, James Shepard, Ebenezer Mallery, Nehemiah Spencer, David Spencer, Ezra Spencer, Luther Chace, Jobn Wells, Noah Silleck, Benjamin Tiffany, Benjamin Tiffany junior,

Major Tyler, David Crofman, Thomas Boyes, Thomas Lefter, Jared Winflow, Thaddeus Crippen, Beriah Southworth, Prudence Bagley, David Beebe junior, David Ranfom, Chloe Brafe, Peter Sturges junior, Peter Hilligofs, George Mitchell, Elnathan Heath, James Adams, George Vults, Jonathan Arnold, and Simeon Graham, who are in poffeffion of land in the town of Hillf dale, in the county of Columbia, of the other part, relative to the right and title to the faid lands fo poffeffed, and which are claimed by the faid parties of the first part, by virtue of the aforefaid patent.

And whereas, The faid controverfy cannot be finally determined without a number of lawfuits, attended with delay and great expenfe to the parties: And whereas, Divers of the claimants under the faid patent are infants, and others under coverture, by means whereof it is difficult, if not impracticable, to have a determination of the aforefaid difpute and controverfy, conclufive and binding upon all the parties interested without the aid of the legislature: And whereas, The faid parties have, by their attornies duly authorized thereto, agreed to unite in an application to the legif lature, for an act appointing commiffioners finally to determine the right and title of the faid parties to the faid land, poffeffed by the faid parties of the second part, in the faid town of Hillsdale, and claimed by the faid parties of the first part, and all disputes and controverfies, in any manner relating to the fame; and that Smith Thomson, one of the juftices of the fupreme court of judicature of this state, Robert Troup, of the city of New-York, and Jonas Platt, of Whiteflown, counfellors at law, be the commiffioners for that purpose: And whereas, The faid parties have, by their attornies, made fuch joint application to the legislature, which it appears reasonable to grant: Therefore,

I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the faid Smith Thomfon, Robert Troup and Jonas Platt, efquires, fhall be and hereby are appointed commiffioners to fettle the faid difputes and controverfies.

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II. And be it further enacted, That it fhall and may be lawful 2 for the faid commiffioners, to hear and examine all difputes and controverfies between the faid parties, refpecting the title to the faid lands, and to settle and determine whether the faid John Van Renffelaer the elder, in his life time and at the time of his death, had or might lawfully claim right or title, as of an estate of inheritance, in poffeflion, reverfion or remainder, in or to the Jands aforefaid, now poffeffed or occupied by the faid parties of the fecond part, all or fome of them, or in or to any rents, iffues or profits thereof, and whether, (if fuch right or title did exist) the fame doth continue in the heirs or devifees of the faid John Van Reffelaer, deceased, or in the heirs and devifees of such of his heirs and devifees as may be now dead, all or any of them, or hath been barred or defeated by length of time or other means whatfoever.

III. And be it further enacted, That the faid commiffioners 3

fhall be and hereby are authorized to fummon and order any perfon or perfons within this ftate to appear before the faid commiffioners, to be examined and give evidence touching the matters in controverfy, and alfo to bring with them all fuch deeds, books, papers, records or other written evidence, as may be required in an ordinary course of law, by subpæna duces tecum. And that if any perfon summoned by writing, subscribed by the faid commiffioners, or any or either of them, to appear and teftify, or to produce any written evidence, and having reasonable time allowed him for that purpose, and being paid, or having tendered to him a reafonable compenfation for his expenses of attendance and for his lofs of time, shall neglect, refufe or delay to give fuch attendance, or to bring fuch written evidence as aforefaid, fuch perfon fhall forfeit for every fuch refusal, neglect or delay, the fum of two hundred and fifty dollars, to be recovered in any court of record having cognizance thereof, by action of debt, by and in the name of the person at whofe instance he was fummoned. 5. IV. And be it further enacted, That the faid commiffioners shall have power to administer an oath or affirmation to the witnesses to be examined before them, to declare the truth, touch6 ing the matters in queftion. And if any perfon fo to be exanıined fhall knowingly give falfe evidence on fuch examination, and fhall thereof be convicted, fuch witnefs fhall for fuch offence fuffer the pains and penalties inflicted by law for wilful 7 and corrupt perjury: Provided, That no perfon fhall be compelled to give any evidence other than fuch as he would be bound to give upon a trial at common law.

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V. And be it further enacted, That if the faid commiffioners fhall determine that fuch right or title as aforefaid did exist in the faid John Van Renffelaer, and doth continue in his heirs or : devifees, or in the heirs or devifees of fuch of his heirs and devisees as may be now dead, all or any of them, then and in fuch cafe it shall and may be lawful for the faid commiffioners, or any two of them, to estimate and fix the value or different values of the faid land or parcels of land, in respect to which they fhall have fo determined, having regard, as to them fhall feem meet and juft, to all relative circumftances, and eftimating fuch parts of the faid land as may have been at any time holden or poffeffed under leafes from the faid John Van Renffelaer, deceafed, or from his heirs or devifees, or any of them, in the fame manner as if fuch leafes had never exifted.

VI. And be it further enacted, That in cafe the faid commiffioners fhall determine and award, that fuch right or title did exift, and doth continue as aforefaid, in or to all or any of the faid lands in the poffeffion or occupation of all or any of the faid parties of the fecond part, then and in such case they, the faid parties of the first part respectively, or in cafe of the death of any of them, the heirs or devifees of the deceased fhall, within three calendar months after the date of fuch award, by good and fufficient

deeds, containing general warrantees, bargain, fell, release and confirm, or caufe to be bargained, fold, releafed and confirmed, all the right, title, eftate, intereft, claim and demand which they may refpectively have in, to or upon fuch lands, unto fuch of the faid parties of the fecond part refpectively, their heirs and affigns, or fome of them in whofe poffeffion or occupation the fame may be and according to the poffeffion or occupation of each and every of them which deeds refpectively, and the estates thereby to 10 be conveyed or released, shall be upon condition, whether therein expreffed or not, to be and become void, in cafe the parties refpectively, to or for whom they fhall be executed, fhall not, within one calendar month after notice of the execution thereof in writing, either delivered to the parties or left on the premises, make, feal and deliver, or caufe to be made, fealed and delivered to the aforefaid James Van Renffelaer, Philip I. Schuyler and Jacob R. Van Renffelaer, as joint tenants, or to the furvivors or furvivor of them their bonds or obligations refpectively, with condition in each cafe for the payment of-fuch fum as the quantity of land in the poffeffion or occupation of the obligor or obligors fhall amount to, according to the prices or values which fhall have been fo as aforefaid estimated and fixed by the faid commiffioners, in fix equal yearly instalments, with lawful intereft on the whole fum annually, from the date of the faid award or determination, together with mortgages in fee fimple, on the lands refpectively, for which, fuch bonds or obligations fhall be given, for fecuring the payment thereof.

VII. Provided nevertheless, and be it further enacted, That the 11 faid parties of the second part refpectively, fhall, within one calendar month after notice of the faid execution of the faid deeds of bargain, fale and releafe, make, feal and deliver, or cause to be made, fealed and delivered as aforefaid, the bonds or obligations and mortgages aforefaid; and in default thereof, fuch deeds of bargain, fale and releafe fhall be and become abfolutely null and void, and the parties making default fhall forthwith furrender and deliver up to the faid parties of the first part, the said lands in their poffeffion, or occupation refpectively.

VIII. And be it further enacted, That if the faid commiffion- 12 ers fhall award and determine, that the said right or title did not exift, or doth not continue as aforefaid, as to all or any part or parts of the lands aforefaid, then they, the faid parties of the first part, fhall refpectively, and within the aforefaid term of three calendar months, well and fufficiently releafe to fuch of the faid parties of the fecond part refpectively, who fhall be poffeffors or occupants of the lands in refpect whereof it thall have been fo determined and awarded, all right, title, eftate, intereft, claim and demand, in, to or upon fuch lands.

IX. And be it further enacted, That if the faid arbitrators fhall 13 determine and award, that fuch right or title did exift and doth continue as aforefaid, in refpect to all or any of the faid lands in the poffeffion or occupation of the faid parties of the fecond part,

all or any of them; and in cafe the faid parties of the first part refpectively, whom it may or fhall concern, fhall, within the faid term of three calendar months, make and execute, or caufe to be made and executed the deeds of bargain, fale and release aforefaid, in respect to fuch lands; and in cafe the faid parties of the fecond part, or any of them, fhall refuse or neglect to make and execute, or caufe to be made and executed fuch bonds and mortgages as aforefaid, then, and in every fuch cafe, it shall and may be lawful for the faid parties of the firft part, all or any of them, to fue out original writs of right against fuch of the faid parties of the fecond part as fhall have fo refufed or neglected, and to cause the fame to be returned as ferved and executed, though the fame may not have been fo ferved and executed, and to cause such other proceedings to be had thereupon as are ufual in cafes of writs of right, and accordingly to count thereupon, and to enter or cause to be entered, final or other judgment or judgments thereupon, by default, difclaimer, confeffion or otherwife, and thereupon to fue out and caufe to be executed writs of habere facias seisinam : 14 And for facilitating thefe purposes, it fhall and may be lawful for the faid parties of the first part, all or any of them, to nominate an attorney or attornies of the fupreme court of this ftate, to appear on behalf of the tenant or tenants named in fuch writ or writs of right, and to do and fuffer all needful acts, proceedings, matters and things, whereby fuch judgments and executions may be obtained, had and perfected, and be made valid and effectual, and to release all errors therein, and in the procefs and proceedings relating thereto.

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X. And be it further enacted, That the attorney or attornies, so to be nominated, fhall by virtue of this act, be ipso facto the attorney or attornies of fuch of the faid parties of the fecond part, for whom they fhall have been fo nominated as aforefaid, vefted with and poffeffing full power and authority to do and fuffer all acts, matters and things aforefaid, for the purpofes laft aforefaid mentioned.

XI. And be it further enacted, That in cafe the faid arbitrators fhall determine, that fuch right or title did not exift and doth not continue as aforesaid, in respect to all or any of the faid lands, in the poffeffion or occupation of all or any of the faid parties of the fecond part; and in cafe the faid parties of the first part refpectively fhall not within the faid term of three calendar months, by good and fufficient deed or deeds, releafe to fuch of the faid parties of the fecond part, who are the poffeffors or ocupants of the faid lands, all right, title, intereft, claim or demand, in, to or upon the fame, then and in every fuch case it shall be lawful for them refpectively to levy or caufe to be levied a fine or fines of the faid lands refpectively, thereby making all or any of the faid parties of the first part cognizors, and to enter or caufe to be entered their appearances in their proper perfons refpectively, whether they fhall fo appear or not, and to caufe to be had and done all fuch other and further acts, proceedings, matters and things, as are