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Notes to Schedule of Repeals

L. 1909, ch. 50

NOTES TO SCHEDULE OF REPEALS. Preparaed by the Board of Statutory Consolidation and printed in their report of 1907, at page 4384.

R. S., Pt. 1, Ch. 9, Tit. 5. This title is all repealed, as appears in the schedule, except $ 76, which refers to the collection of penalties for trespass upon public land. Section 76 is consolidated in Public Lands Law, § 9.

R. S., Pt. 1, Ch. 9, Tit. 5, $ 47. The amending statute, L. 1875, Ch. 572, § 4, in terms amends" section sixty" of said part, chapter and title of the Revised Statutes. The reference is to some "edition" so-called, but from the subject-matter of both the amending statute and the section of the Revised Statutes amended, there is no doubt but that title 5, § 47, of the original Revised Statutes, is affected.

R. S., Pt. 1, Ch. 9, Tit. 5, § 51. The amending statute, L. 1841, Ch. 92, § 1, in terms amends" the fifty-fifth section" of said part, chapter and title of the Revised Statutes. The reference is to some "edition," so-called, but from the subject-matter of both the amending statute and the section of the Revised Statutes amended, there is no doubt but that title 5, § 51, of the original Revised Statutes, is affected.

L. 1779, Ch. 25 (3d session). Declares forfeited and directs sale of estates of certain persons aiding the enemy in the War of Independence. Repealing statute enacts that such acts and parts of acts as are repugnant to the treaty of peace between the United States and Great Britain are repealed. In treaty of 1783, article 5, congress agrees to recommend to State legislatures: 1. Restitution of all confiscated estates belonging to real British subjects. 2. Restitution of property of persons who have not borne arms against the colonies and are now residents in British territory. 3. Restitution of property of all other persons. Section 14 consolidated in Public Lands Law, § 4.

L. 1780, Ch. 51, §§ 3, 4 (3d session). Directs commissioners of forfeitures to record in county clerks' offices abstracts of estates conveyed by them and to make report to Legislature. Temporary and obsolete.

L. 1780, Ch. 52, §§ 2, 3 (3d session). Forbids leasing of forfeited estates except in certain localities and fixes compensation of commissioners of sequestration. Temporary and obsolete.

L. 1780, Ch. 11, § 8 (4th session). Relates to sale of forfeited estates, except in cases of land already advertised for sale, and sale of sufficient lands to raise funds to pay certificates directed to be given to the army. Temporary and obsolete.

L. 1780, Ch. 13 (4th session). Statute repealed amends act directing sale of forfeited estates. See note 12.

L. 1781, Ch. 35, § 1 (4th session). Authorizes the granting of licenses for families to temporarily occupy abandoned houses and

L. 1909, ch. 50

Notes to Schedule of Repeals

lands; and the fortifying of houses on the frontier. Temporary and obsolete.

L. 1781, Ch. 51, §§ 1-7, 13 (4th session). Repealed act amends act directing sale of forfeited estates. See note 12.

L. 1781, Ch. 4, § 1 (5th session). Repeated act was passed to remedy defect in sales of forfeited estates. See note 12.

L. 1781, Ch. 15, § 2 (5th session). Extends time for completion of certificates of tenants, entitling them to right of pre-emption in forfeited estates. Temporary and obsolete.

L. 1782, Ch. 45, §§ 1-4 (5th session). Repealed act relates to disposal of forfeited estates. See note 12.

L. 1783, Ch. 21. Authorizes the granting of licenses to expire March 1, 1785, to cut from confiscated estates sufficient timber to re-erect buildings burned by the enemy. Temporary and obsolete.

L. 1784, Ch. 63, §§ 1-3, 5-17. Appoints commissioners to convey bounty lands to revolutionary soldiers, and directs surveyorgeneral to lay out lands for Canadian and Nova Scotia refugees. Section 8 was superseded by L. 1785, Ch. 23, § 2. Temporary and obsolete.

L. 1784, Ch. 64, $$ 1-30, 37, 44, 46-49. Provides for appointment of commissioners of forfeitures, and prescribes their duties in leasing and selling real estate, forfeited by conviction or attainder of owner, directs the disposal of the funds coming into their hands, and empowers them to make partition of land thus owned by the State and private persons. It directs them to make provision from sale of forfeited estates for dependent slaves thereon, stays the collection of a moiety of rent from tenants on such estates, and provides for compensation of commissioners and conveyances by them. Temporary and obsolete.

L. 1785, Ch. 23, $ 2. Suspends operation of L. 1784, Ch. 63, $8, which provides that surveyor-general after resignation from office shall perform all acts required by said law, except locating new lots. Temporary and obsolete.

L. 1785, Ch. 33. Provides for indemnifying former commissioners of sequestration and present commissioners of forfeitures and authorizes the latter to lease lands not sold. Temporary and obsolete.

L. 1785, Ch. 49. Regulates the payment of the purchase price on the sale of confiscated and forfeited estates; and the sale to and payments by tenants on such confiscated estates of the preemptive right to the soil thereof. Temporary and obsolete.

L. 1785, Ch. 80, $$ 15, 17. Provides that Quakers may affirm instead of taking oath, when taking advantage of the law providing for sale of confiscated and forfeited estates; and that commissioners of forfeitures and commissioners of sequestration may receive rent in certain certificates. Temporary and obsolete.

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Notes to Schedule of Repeals

L. 1909, ch. 50

L. 1786, Ch. 23. Relates to the collection and commutation of quit rents. L. 1801, Ch. 193, repeals all acts that come within the purview or operation of the revised acts. Section 1 is within. purview and operation of L. 1801, Ch. 187, §§ 1, 2. Sections 2 and 4 are within purview and operation of L. 1801, Ch. 187, § 4. Section 3 is within purview and operation of L. 1801, Ch. 187, § 5. Sections 5, 6, 13 are within purview and operation of L. 1801, Ch. 187, § 1. Section 7 is within purview and operation of L. 1801, Ch. 187, § 8. Section 8 is within purview and operation of L. 1801, Ch. 187, § 10. Section 9 is within purview and operation of L. 1801, Ch. 187, § 12. Section 12 is within

purview and operation of L. 1801, Ch. 187, § 2.

L. 1786, Ch. 58, §§ 1-15, 22, 28-31. Provides that commissioners of forfeiture shall receive certain certificates on sales, that persons indebted to attainted persons may pay same to state, that commissioners may resell estates when purchasers neglect to complete purchase, that rent paid by tenants to attainted landlords be remitted, provided real estate was occupied by troops of Great Britain; that commissioners shall insert in advertisement description of certificates receivable by them on sale of land; that if location is not made in three months after passage of this act by persons entitled to bounty lands, same shall be forfeited to state, that purchaser of forfeited estate evicted by superior title shall receive compensation for improvements made. Act provides for sale and payment of forfeited estates in southern district and provides terms of payment on all future sales of forfeited estates, and that purchasers on such sales evicted by superior title may locate any other forfeited estate to the amount of the first estate, that commissioners shall settle their accounts within three months and proceed with sale of forfeited estates. The treasurer is directed to redeem new emission of certificates. Commissioners are directed to manumit all slaves in their possession and to provide for maintenance of all infirm slaves in their possession. Section 9 was repealed by the Laws of 1787, Ch. 73, § 3, so far only that no commissioner of forfeiture should thereafter be appointed unless a commissioner should die or become incapacitated. Temporary and obsolete.

L. 1786, Ch. 67, §§ 1-2, 29-31, 34-36. Provides for the speedy sale of the unappropriated lands within this state and for other purposes therein mentioned. L. 1801, Ch. 193, repeals all acts that come within purview or operation of revised acts. Section 1 is within purview and operation of L. 1801, Ch. 69, § 1. Sections 2-4 are within purview and operation of L. 1801, Ch. 69, $ 3. Section 5 is within purview and operation of L. 1801, Ch. 69, SS 3, 4. Section 6 is within purview and operation of L. 1801, Ch. 69, § 5. Section 7 is within purview and operation of L. 1801, Ch. 69, § 6. Sections 8, 9, are within purview and operation of L. 1801, Ch. 69, § 7. Section 10 is within purview

L. 1909, ch. 50

Notes to Schedule of Repeals

Section 11 is within

and operation of L. 1801, Ch. 69, §§ 2, 5. purview and operation of L. 1801, Ch. 69, § 9. Section 12 is within purview and operation of L. 1801, Ch. 69, § 10. Section 13 is within purview and operation of L. 1801, Ch. 69, § 8. Section 18 is within purview and operation of L. 1801, Ch. 69, § 11. Section 23 is within purview and operation of L. 1801, Ch. 69, § 12. Section 29 is within purview and operation of L. 1801, Ch. 69, § 13. Also defines on what lands locations may be made and provides for withdrawals made on Indian lands, makes provision for certain persons who have made unauthorized locations, provides for sufferers from pretended claims of Vermont and bounty land for soldiers, limits time within which persons granted equitable relief may sue out patents, and exempts all grants under great seal of State from taxes for seven years from date of grant. Temporary and obsolete.

L. 1787, Ch. 73, 1. Authorizes commissioners of forfeitures to receive in payment of bonds given on the sale of lands, the same certificates receivable on the sale of land itself. Temporary and obsolete.

L. 1787, Ch. 76. Relates to the collection and commutation of quit rents. L. 1801, Ch. 193, repeals all acts which come within the purview or operation of the revised acts. Section 1 is within

Section 2 is
See-

the purview and operation of L. 1801, Ch. 187, § 1. within purview and operation of L. 1801, Ch. 187, §§ 4, 5. tion 3 is within purview and operation of L. 1801. Ch. 187, §§ 5, 6. Section 4 remits all past and future quit rents to inhabitants driven from their homes by incursions of the enemy during the War of Independence. Temporary and obsolete.

As the statutes covered by express repealing acts have been repealed by the Consolidated Laws, the repealing statutes have been recommended for repeal.

L. 1787, Ch. 102, § 6. Provides method for ascertaining whether certificates issued by any continental office, other than that of this State, are properly receivable by commissioners of forfeitures and state treasurer. Temporary and obsolete.

L. 1787, Ch. 103, § 2. Relates to survey of lands sold before survey is made. Superseded by Public Lands Law, § 31.

L. 1788, Ch. 30, $ 13. Provides for payment of mortgage debt and costs of forclosure in action brought by loan officers, when made before sale of mortgaged premises. Code of Civil Procedure, $$ 3251, 8252, covers same ground.

L. 1788, Ch. 89, $$ 1-5. Provides for certain location of unappropriated lands within time named in act, and for survey of patented lands. Temporary and obsolete.

L. 1788, Ch. 90. Relates to forfeited estates. L. 1801, Ch. 193, repeals all acts that come within the purview or operation of the revised acts. Sections 1, 2 are re-enacted in L. 1801, Ch. 72, § 1. Sections 3-10 provide what securities may be received on sale of

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