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persons respectively, under whom they respectively so claim, they the said Everal persons above named, will be adjudged, if in full life, guilty, or if ducealed, to have been at the time of their death respectively, guilty of the offence" or offences (as the case may be charged against them respectively; and that all and fingular the real and personal estate within this state, held or claimed by fuch of the said persons respectively who shall be in full life as arorelaid, or which were held or claimed at the time of their death respeclively, by such of the said persons as shall be deceased, will be forfeited to the people of this state. Given under my hand the in the year of the independence of the said state, A.B. Sheriff.”
The Form of a Record where Fudgment shall be entered by Default. “ New-York, Supreme Court, ss. Of the Term of (here insert the Term in
which Judgment shall be awarded) in the Year of the Independence of this state. indi&tment was preferred into court) the jurors of the people of this
, state for the body of the county of (here' insert the name of the county where the indictment was taken) did upon their oath present, that (here iniert the refidue of the indictment, as far as the same shall relate to the puron or persons against whom judgment Thall be entered) and the said here insert the name or names of the person or persons charged in the indictinent, and against whom judgment is to be entered) having according to the form of the act of the legislature, entitled, “ An act for the forfeiture and sale of the estates of persons who have adhered to the enemies of this state, and for declaring the sovereignty of the people of this state, in reffect to all property within the same," been notified to appear and traverse the said indictment, and not having appeared and traversed within the time, and in the manner, in and by the faid act limited and required, it is therefore considered, that the faid (here insert the name or names of the person or perfons charged in the indictment, and against whom judgment is to be entered) do forfeit," or if more than one person, “ severally forfeit all and singular the eflate, both real and personal, whether in pofleffion, reversion or remainder, held or claimed by him” or “her” or “ them respectively (as the case may be) within this state, to the people of this state.”
Form o; a Record where a Trial shall be had. “ NEW-YORK, Supreme Court, ss. Of the term (and so on, as in the cale of a record where judgment shall be entered by default, to the end of the indictment) and the laid (here insert the name of the person who fall appear and traverse) appearing here in court in his own proper perfon, on the (here insert the day of the month when the person shall appear in court and traverse) in this preient terin (or if of a preceding term, then) in the terın of (here insert the term) in the the independence of this state. And faith, that he is not guilty of the offence” or “offences (as the case may be) in the said indictinent, charged against him” or “ her (as the case may be) and of this he” or “the (as the case may be) puts himself” or “herself” (as the case may be) upon the country, and
who prosecutes for the people of this state in this behalf, in like manner, &c." And so on, as nearly limilar as may be, to the form of a record of a trial, at the bar of the supreme court, in a case of felony, without benefit of clergy. That the judgment in cafe of conviction, snall be the same with the forin contained in the forın of the record of a ju igalent by default.
The Form of a General Verdier. AFTER the word oath,“ do say that the faid (here insert the name of the perfon charged) is guilty of the several offences charged against him” or “ her (as the case may be) or not guilty of the several offences charged against him” or “ her as the case may be) (or if guilty only of certain of the offences charged in the indictments, and not guilty of other, or others of them, then) is not guilty of the offence” or “ the several offences as the case may be) charged in the said indictment to have been committed on (then insert the day and year when the ofence or offences (as the case may be) is or are charged to have been committed) but guilty of the offence” or “offences (as the case may be charged to have been committed on the (here insert the day and year when the offence or otiences (as the case may be) of which the person charged in the indictment shall be convicted, were committed.)
The form of the judgment shall be the same with the form of the judgment where judgment shall be entered by default.
Form of the Conveyance from the Commiffoners. "THIS indenture, made the
in the year of the independence of the state of New York, and in the year of our Lord
esquires, commiffioners of forfeitures, for the
district, appointed in pursuance of an act of the legislature of the said state, entitled, “ An act for the forfeiture and sale of the eltates of persons who have adhered to the enemies of this ftate, and for declaring the fovereignty of the people of this state, in respect to all property within the fame," of the one part, and
of the other part; witnesseth, that the said commissioners, by virtue of the power and air thority to them, in and by the faid act granted, and for, and in consideration of the sum of
by the said
paid into the treasury of the faid ftate, have granted, bargained, fold, enfeofted and confirmed; and by these presents do grant, bargain, sell, enfeoff and confirm, unto the faid
and heirs and assigns, all (here describe the lands or tenements to be conveyed) and all and singular the estate, right, title and intereit, whether in poflellion, reversion, or remainder of, in or to the said premies, which, in consequence of any conviction or attainder, is become for feited, attached, or velted in, or to the people of the said state. To have and to hold, all and fingular the said premises, hereby granted, bargained, fold, enfeoffed and confirmed, with the appurtenances, unto the faid and heirs and assigns, to the only proper use and behoof of the faid
and heirs and afligns forever. In witneis whereof, the faid parties to these presents have hereunto interchangeably set their hands and keals, the day and year first above written.” Forms of proceed
AND that all the forms of proceedings in prosecutions, ingut not lzerehy par for the offence aforesaid, to be had in pursuance of this act, En be finilar us thefe other than such as are hereby otherwise specially direéled, betales of belonging shall be as nearly as may be, fímilar to the forms of the proekry.
ceedings in cases of felony without benefit of clergy, except, tha: the word or words “ofence” or “ offences" (as the case may be fall be ued instead of the word or words “ felony” or “felones;” and timt where a traverle shall be put in by any person or persons, claiming any ella:e or interest under a person deceased as aforesaid, all and fingular tic proceedings and processes, shall, notwithitanding, te of the une form, as if ile refpectite persons, charged in the several indictments, had been severally in full lie,
and had in their own respective proper persons, appeared and traversed; and for want of such traverse, as if such person had made default in full life.
Representatives on XXVI. And be it further ended by the authrily aforefaid, affidavit of intereft, That each and every person or perions, claiming an estate
or interest under any person decvated, shall and may, upon. affidavit of such c'aim, and of the death of the person, under whom fuch claim shall be made, to be read and filed in court, be admitted :0 traverse the indictments againit the persons under whom they so respectively claim. That in every case of such traverse as lafi aforesaid, no trial shall be had thereon, until afier the expiration of the time herein before limited for putting in such traverse. That where two or more persons !hall appear at one and the same time, and produce such affidavit, and thereupon apply to be admitted to traverse, the court may compel such persons to join in the traverse ; and that where any person or perlons, so claiming as aforesaid, Mall have been admitted to traverie, and shall have traversed accordingly, and any
After travet fe any other person or perions shall afterwards apply to be admitother perfom applying ted to traverse, the person or perfons so afterwards applyadmitted to join in ing, having respectively produced such affidavit of a claim as the defence.
aforesaid, shall upon the trial of such traverse, be permitied to employ counsel, produce witneilės, sue forth subpænas, for the attendance of witnelles, cross examine the witnesses on the part of the state, and do every other act and thing, in and about a defence, in like manner, and as fully as the person or persons by whom the traverse hall have been pur in.
LAWS of the State of NEW-YORK,
the City of Albany, by Adjournment.
CH A P. XXXVIII. An ACT to facilitate the Completion of the Articles of Confederation and ferpetual Union among the United States of America.
Palled 19th February, 1780. WHILE
THEREAS nothing under divine providence, can morc effccrually
contribute to the tranquility and fafety of the United States of America, than a federal alliance on such liberal principles as will give satisfaction to its respective members ; And whereas the articles of confederation and perpetual union, recommended by the honorable congress of the United States of America, have not proved acceptable to all the lates, it having been conceived, that a portion of the wafte and uncultivated territory withiin the limi:s or claims of certain fates, ought to be appropriated, as a common fund for the expences of the war: And the people of this Nate of New-York, being on all occations, di posed to mantent their regerd for their fifter states, and their earnett desire to promote the generalne eft and security, and more especially to accelerate the federal alliance, by removins, as far as it depends upon them, the before mentioned impediment to its fual acconiplhment;
I. Be it therefore e "afled!y the people of the side of NP-31, reprerriu? infonate and alenli', uni is Hrely 4.2.xed by Thu anh ruly of the joy
That it shall and may be lawful, to and for the delegates of this state, in the honourable congress of the United States of America, or the major part of such of them as shall be assembled in congres; and they the said delegates, or the major part of them, so afiembled, are hereby fully authorised and empowered, for and on behalf of this state, and by proper and authentic acts or instruments, to limit and restrict the boundaries of this state in the western paris thereof, by such line or lines, and in suchemanner and form, as they shall judge to be expedient, either with respect to the jurisd ction, as well as the right or pre-emption of foil; or refeiving the jurifdiction in part, or in the whole, over the lands which may be ceded or relinquished, with respect only to the right or pre-emption of the foil.
II. And be it further enaEted by the authority aforesaid, That the territoTy which may be ceded or reiinquished by virtue of this act, ei her with refpect to the jarisdiction as well as the right or pre einption of foil, or the right or pre-emption of foil only, shall be, and enure for the use and benefit or such of the United States, as hall become members of the federal alliance of the faid states, and for no other use or purpose whatsoever.
III. And be it further enacted by the authority aforefaid, That all the lands to be ceded and relinquished by virtue of this act, for the benefit of the United States, with respect to property, but which shall nevertheless remain under the jurisdiction of this ftate, shall be disposed of and appropriated in fuch manner only, as the congress of the said States shall direct; and that a Farrant, under the authority of congress, for surveying and laying out any part thereof, shali entitle the party, in whole favour it shall illue, to cause the fame to be surveyed, and laid out, and returned, according to the directions of such warrant; and thereupon, letters patent under the great seal of this state, shall país to the grantee for the estate speclied in the faid warrant; for which no other fee or reward hall be demanded, or received, than such as shall be allowed by congress.
IV. Provided always, and be it further enacted by the authority afar fad, That the trust reposed by virtue of this act, shall nor be executed by the delegates of this state, unless, at least, three of the said delegates shall be present in congress.
m:'lis, not to be erile tal uncil
CH A P. XLVII. Ar ACT for raifing the sum of 5,009.000 " Dollars by Tax within this State, and for other Pipojes ihercin mentioned.
Pa Ted 6th March, 1780. 12's of perfons
[This act, except the 10th section, is obsolete.] it'un dic cne. X. ND in order to remove doub:s respecting the
taxes charged on lands of persons who have been futur prurili.
removel within tlie enemy's lines; Be il further chacd by the authority afirelaid, and i is herely declared, That until the legiflature fhill make special provision for collecting the double taxes charged on ihe lands of persons who have been removed with'n the enemy's lines in pur
suince of the “ | Act more effectually to prevent the mil
c ief arising from the influence and example of serions of caurocal and sufrafted charaffers, in this fia'e,” rafted the thirte:h day of Jire, one ifouland leven landredand eventy-eight, no linds hall beatered at ant gher than the uu rale, by realon that fürlılar av be deemed to belong to perion ; fu removed wiihin the enemy's lines as aforelaid.
LAWS of the State of NEW-YORK,
Passed in the Fourth Session of the Legislature, held at
the City of Albany, by Adjournment.
CH A P. XXX. AT ACT to alier the Place of holding Elections in the Mohawk Diftrial, in the
County of Tryon.
Passed 19th March, 1781. W
THEREAS the house assigned by law, for holding the annual town
meetings and elections in the said district, and the other dwellings in the neighbourhood thereof, hath been destroyed by the enemy;
Be it cnailed by the people of the fate of New-York, represented in senate and assembly, and it is hereby enaĉied by the authority of the same, That the annual town-meetings and elections in the said district shall, in future, be held at the church in the faid district, instead of the place heretofore alligned by law for the purpose.
Cnce of the fiunitiers.
CH A P. XXXII. trtier provifion, An ACT fur railing two Regimen's for the Desence of this tri. c. 63.
Slale, on Bounties of unappropriated Lands.
Pafled zoth March, 1781. Preamble. WHEREAS the exposed situation of the extensive
frontiers of this state, renders it necessary that meafures thould be adopted for their protection;
1. Be it therefore endeled by ihe people of the state of New-York,' represented 2.7 crude and oftenbly, and it is hereby enacted by the authority of the fame,
Two regiments to two regiments upon the present continental establishment, be rased to the ce- as 10 the number of officers and men composing such
regimenis, be raised for the defence of the frontiers, whenever the congress of the United States Diall give assurances that the regiments aforesaid shall be arined, accoutered, cloathed, sublifted, and paid at the expence of the United Stries; and that the troops shall continue in service for ihree years from their respective inliilment, unless sooner discharged.
II. Ad be it further enas'ed by the authority aforesaid, 'That it shall and may be lawful to and for the person adminiftring the government for the
Council of appoint. time being, by and with the advice and consent of the Port to appoint orti- council of appointment, to appoint the officers to such regi
ments; and as often as vacancies shall happen, to appoint others : That a lieutenant-colonel and a major shall not be commilioned until a number of men equal to two thirds of the regiment, shall be mustered: That it shall be lawful for the person adminiftring the government of this Race for the time being, by and with the advice and consent of the council of