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having the proper and legal qualifications of jurors, to attend the said commissioners on the premises, at a day to be appointed in the said precept, not exceeding thirty days after the date thereof, to assess the value of such improvements: At which day and place, the said commissioners shall swear the said freeholders, well and truly to inquire into, and assess the value of the said improvements; and then shall proceed, with their assistance, in a summary manner, to inquire into and assess the same, and make duplicates of such their inquisitions and assessments, under their hands and seals, and the hands and seals of the said freeholders; one of which said duplicates shall be delivered to each of the parties. And in case the possessor or possessors of such improved lands shall not, within thirty days next after a tender to him or them made of the assessed value, by the person or persons to whom the said improved lands shall, upon such partition as aforesaid, belong, peaceably and quietly deliver up to him or them the possession of the same; the said commissioners, or any or either of them, shall, upon proof of such tender made before him or them, or any or either of them, by the oath of one or more credible witness, issue a precept in writing, under the hands and seals of them the said commissioners, or the hand and seal of any or either of them, to the sheriff of the county in which such improved lands respectively lie, commanding him to put the person or persons to whom such improved lands shall, upon such partition, belong, into full and peaceable possession of the same. Provided always, That the costs, charges and expenses attending, as well on such assessment as aforesaid, as on the putting the party or parties into the possession of such improved lands, shall be estimated according to the regulations herein after prescribed, and shall be paid by the respective possessor or possessors of such improved lands; and on his, her, or their refusal to pay the same, shall be levied on his, her, or their goods and chattels, by warrant under the hands and seals of the said commissioners, or the hand and seal of any one or more of them, directed to the said sheriff of the county wherein such improved lands respectively lie, who is hereby required to perform that service.

§ 16. And be it also enacted, That if any of the commissioners so to be In case of the appointed to make any partition by virtue of this act, shall die before the death of a same is completed, their powers shall vest in, and be exercised by the survivors or survivor of them.

commissioner

Allowances.

§ 17. And be it also enacted by the authority aforesaid, That the sur- Surveyor's veyor appointed by the commissioners shall be sworn, previous to the oath. said survey, to perform the same truly and impartially; which said oath they are hereby empowered to administer, and which oath shall be entered in the minutes of their proceedings, and certified by the commissioners. And the said commissioners and surveyor shall have twenty shillings a day each, while actually employed in the said service; and each of the chain-bearers, six shillings a day; and the persons who audit the account, twenty shillings for that service; and to the commissioners' clerk, whom they are authorised to appoint, to take minutes of their proceedings, there shall be paid ten shillings a day; and for such other charges as may accrue on the partition, the said auditors may allow a reasonable sum. And all persons who shall be employed in surveying and dividing the lands, shall likewise be provided at the expense of the patentees, with all necessaries usually provided on such occasions.

Rights of the

§ 18. And be it also enacted by the same authority, That nothing in this act shall be construed to defeat, prejudice, or destroy the rights of the crown. crown; nor of any bodies corporate and politic; nor to extend or relate to any of the common and undivided lands of any of the said bodies corporate and politic; nor of any township on Nassau Island, the township of

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Who to perform survey.

If the limits are doubtful, how to be

run.

Duration of this act.

Preamble.

Schenectady, in the county of Albany, or of Kingston, Hurly, Marbletown and Rochester, in Ulster county, and the borough of Westchester; any thing herein to the contrary notwithstanding.

§ 19. And be it also enacted by the same authority, That the outlines of every patent so to be divided shall be surveyed, previous to the division, by the surveyor-general or his deputy, provided he do attend and perform such service, upon six weeks' notice of the time and place when the commissioners are to meet for the performing the survey, being given to him in writing, under the hands of the said commissioners; for which service he shall be allowed at the rate of twenty shillings a day, and shall be provided with chain-bearers and necessaries, in the same manner as other surveyors and commissioners are to be by this act, in coming to, attending on, and returning home from such survey: But if he shall neglect to attend in manner aforesaid, then it shall be lawful for the surveyor to be appointed by the commissioners to perform the whole survey of the patent so to be divided.

20. And whereas there may doubts arise on the survey, concerning the limits of the tract so to be divided, as well on objections made by those holding under other patents, as by the surveyor-general, and his deputy, on the part of the crown: Be it therefore also enacted by the same authority, That the said commissioners may, in such case, run the limits in such manner as the said surveyor-general, or his deputy shall direct, and also in the manner directed by the party or parties first suing out a partition of the lands so to be divided, and attending such survey for the partition thereof; and shall make a separate division of the lands so in dispute; and shall proceed for the complete partition of the same, in the manner before directed: and the lines run by the surveyor-general, or his deputy, for the limits of the bounds of the patent, shall always be laid down on the map on which the division is made, and which is to be filed in the secretary's and clerk's office.

§ 21. And be it further enacted by the authority aforesaid, That this act shall be in force from the publication hereof, until the first day of January, which will be in the year of our Lord one thousand seven hundred and seventy, and no longer: Provided always, That the same shall continue, and be in full force, as to any proceeding commenced by virtue hereof, relating either to the collecting of quit-rents, or to the partition of lands, until a full and final settlement be made, according to the true intent and meaning of this act.

An act to explain part of an act, entitled "An act for the more effectual collecting of his Majesty's quit-rents in the colony of New-York, and for partition of lands in order thereto." Passed the 20th March, 1762.1

WHEREAS persons holding undivided rights in such tracts of land within this colony remaining to be divided, as are parcel of such large tract or tracts, part whereof have been heretofore divided, taken up, surveyed or located, in virtue of covenants made and entered into by and between all the owners and proprietors thereof, in writing, under their hands and seals, may have heretofore, over and above such division, survey and location, taken up, surveyed and located to themselves, without the consent of the other owners and proprietors of the undivided parts of such tract or tracts, divers other parcels of such tract or tracts, and conveyed the same to other persons in severalty, who may have made great im

(1) 1 Van Schaack, p. 416; 2 Smith & L. 256.

provements thereon; which improved parcels, or some of them, may, upon the further division of such tract or tracts to be made in virtue of a certain act of the lieutenant-governor, the council, and the general assembly of this colony, passed the eighth day of January, in the second year of his present majesty's reign, entitled "An act for the more effectual collecting of his majesty's quit-rents in the colony of New-York, and for partition of lands in order thereto," happen to fall to the share of some other person or persons, and the purchaser or purchasers thereby lose his or their improvements; which mischief was intended to be prevented by the said act, as fully, and in such manner as the loss of such improvements on the undivided parts of such tracts, parcels whereof have heretofore been divided by act or acts of the governor, council, and general assembly of this colony, is provided against by the fifteenth clause or section of the above mentioned act, as being within the same reason.

clared to ex

parts whereof

§ 1. Be it therefore enacted by His Honor the Lieutenant-Governor, the The fifteenth Council, and the General Assembly, and it is hereby enacted by the authority section deof the same, That the said fifteenth clause or section of the above men- tend to tracts, tioned act, and every article, matter, provision and thing in the same con- have been di tained, shall and do extend to, and the same is and are hereby declared to vided. extend to, and to have been intended to extend to all such tract or tracts of land, parts whereof have been divided, taken up, surveyed and located, in virtue of such covenants as aforesaid, in like manner as the same does extend to such tract or tracts, parts whereof have been divided, by act or acts; and that as fully, to all intents, constructions and purposes, whatsoever, as if such tract or tracts so in part divided, taken up, surveyed or located, in virtue of such covenants as aforesaid, had been therein mentioned. And that the commissioners appointed, or to be appointed, in virtue of the above mentioned act, to make partition of the undivided parts of such tract or tracts as are last mentioned, shall have, exercise and enjoy, such and the same power and authority, as well for the assessing of the value of such improvements as aforesaid on the same, as for putting the party or parties to whom, on a partition, the same shall belong, into the possession of such improved lands as the commissioners are vested with by the said act, for assessing the improvements on the undivided parts of such tract or tracts as have been divided by act or acts as aforesaid, and for putting the party or parties to whom the same, on a partition, shall belong, into possession of such improved lands; any thing in the said act contained to the contrary thereof in any wise notwithstanding: Provided always, That nothing in this act contained shall obstruct, or in proviso. any wise interfere, or be construed to obstruct or interfere with the steps or proceedings, that have already been had and taken by virtue of the above mentioned act, for and towards the partition of any tract or tracts of land.

An act to continue an act, entitled "An act for the more effectual collecting of his majesty's quit-rents in the colony of NewYork, and for partition of lands in order thereto;" and also to continue one other act, entitled “An act to explain part of an act, entitled An act for the more effectual collecting of his majesty's quit-rents in the colony of New-York, and for partition of lands in order thereto.'" Passed the 31st December, 1768.1 WHEREAS the said act, entitled "An act for the more effectual collect- Preamble. ing of his majesty's quit-rents in the colony of New-York, and for partition of lands in order thereto," passed in the second year of his present

(1) 2 Van Schaack, p. 515.

Acts continu

majesty's reign, and also the said act, passed in the same year, entitled "An act to explain part of an act, entitled 'An act for the more effectual collecting of his majesty's quit-rents in the colony of New-York, and for partition of lands in order thereto,"" will expire by their own limitation, on the last day of December, which will be in the year of our Lord one thousand seven hundred and sixty-nine: And whereas, it has been evinced by experience, that the said acts have greatly facilitated the collecting of his majesty's quit-rents in this colony, and also relieved many coparceners and proprietors of tracts of lands in this colony, from the almost insuperable difficulties they labored under in order to obtain a legal division of their property:

1. Be it therefore enacted by his Excellency the Governor, the Council, ed till 1780. and the General Assembly, and it is hereby enacted by the authority of the same, That the above mentioned acts, and each of them, shall be, and hereby are continued and enacted to be and remain of full force and virtue, from and after the said last day of December, which will be in the year of our Lord one thousand seven hundred and sixty-nine, until the first day of January, which will be in the year of our Lord one thousand seven hundred and eighty: Provided always, That the same shall continue and be in full force, as to any proceeding commenced by virtue of the said act or acts, relating either to the collecting of quit-rents, or to the partition of lands, before the said first day of January, which will be in the year of our Lord one thousand seven hundred and eighty, until a full and final settlement be made, according to the true intent and meaning of the said act or acts.

Proviso.

Recital.

Balloting for lands may be

sioners shall appoint.

And be it also provided, That whereas, in the eleventh clause or section of the said act, entitled "An act for the more effectual collecting of his majesty's quit-rents in the colony of New-York, and for partition of lands in order thereto," it is enacted, that the balloting for all such lands or allotments of lands whereof partition shall be made by virtue of the said act, is to be in the city of New-York, before one or more of the judges of the supreme court, or one or more of his majesty's council, in the manner therein directed: And whereas most of the lands in this colony that remain still undivided, are situated very remote from the city of New-York, and as the commissioners for making partition of lands by virtue of said act, are in general appointed from amongst the inhabitants residing in the vicinity of such lands; in order therefore to save the great expense, and to remedy the inconveniency occasioned by their being obliged to attend at the city of New-York, for the sole purpose of balloting,

2. Be it enacted by the authority aforesaid, That from and after the in any place publication of this act, all balloting for lands or allotments of lands, of the commis- which partition hath or henceforth shall be made by virtue of the said act, shall, and may be before any one or more of the judges of the supreme court, or any one or more of his majesty's council, in any of the cities or counties in this colony where the lands lay, or in any other of the cities or counties in this colony where the commissioners, or the majority of them, shall judge the balloting to be attended with the least expense to the proprietors of the lands by them divided: And whereas it is also enacted in the seventh clause or section of the said first mentioned act, that three commissioners shall be appointed to make partition of lands intended to be divided by virtue of the said act; and in the seventeenth clause or section thereof, the commissioners so appointed are directed and empowered to administer an oath to the surveyor, requiring him truly and impartially to perform the survey: And whereas nevertheless, in the partition of some lands made by virtue of said act, one of the commissioners hath acted as surveyor, and the oath hath been administered unto him by the other

two: And whereas disputes may hereafter arise, whether such partitions so made, wherein one of the commissioners hath acted in the double capacity of commissioner and surveyor, hath been legally performed; to prevent which,

a commis

§3. Be it also enacted by the authority aforesaid, That all and every Partition conpartition of land so made, wherein one of the commissioners hath acted in firmed where the double capacity of commissioner and surveyor, shall, to all intents and sioner actod purposes, be, and is hereby declared and enacted to be, as legal, effectual, as surveyor. and valid, as if such partition or partitions had been made by three commissioners and a surveyor distinct from them; any thing in the said act or acts to the contrary thereof notwithstanding: Provided nevertheless, That Proviso. in every other part of such partition or partitions, the commmissioners, and all others concerned, have demeaned themselves in every respect, conformable to the directions contained in the said act: Provided also, That nothing in this act shall be taken or construed to warrant, empower or enable any one of the commissioners hereafter to be appointed by virtue of said act, to be employed as the surveyor, to make survey of the lands, of which they are directed to make partition.

An act to enable all persons who are his majesty's liege subjects, either by birth or naturalization, to inherit and hold real estates, notwithstanding any defect of purchases made before naturalization within this colony. Passed the 27th January, 1770.1

WHEREAS it was enacted by a law of this colony, passed on the fifth Preamble. day of July, in the year of our Lord one thousand seven hundred and fifteen, that all foreign protestants then inhabiting this colony, should upon the terms therein mentioned, enjoy the rights, privileges and advantages of natural-born subjects: And whereas divers persons have since come into this colony, and purchased or acquired by patent, real estates here, some of whom were before naturalized only in other colonies, and others became afterwards naturalized in this colony; and such estates are now held and claimed under such grants or purchases by his majesty's natural-born subjects, or such as are naturalized; and as the greater number of these are poor persons, and will be utterly ruined if advantage is taken of the alienism of any such purchaser or patentee; wherefore in tender commiseration of all persons holding or claiming by such defective title, and confiding in his majesty's great bounty, the general assembly humbly pray, that it may be enacted:

tain aliens declared valid

§ 1. And be it enacted by His Honor the Lieutenant-Governor, the Coun- Titles of cercil, and the General Assembly, and it is hereby enacted by the authority of t the same, That the title and claim of every inhabitant of this colony, who is now his majesty's natural-born subject, under patent or purchase of lands, tenements and real estate granted to, or made by an alien at any time inhabiting this colony, since the fifth day of July, in the year of our Lord one thousand seven hundred and fifteen, shall not be defeated merely upon the pretence of alienism in the grantee or purchaser, or any person holding as by descent or otherwise since such grant or purchase; but that such title shall be adjudged to be good, the plea or pretence of alienism in such case notwithstanding: Provided always, That nothing herein con- Proviso. tained shall be construed to extend to any lands or tenements, heretofore vested in the crown by office found, or which after such finding, have been re-granted to any of his majesty's natural-born subjects, nor shall this act be in force, until the same shall be approved of by his majesty.

(1) 2 Van Schaack, p. 561.

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