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MILITARY LAN DS.
CHA P. XLIV. .
Passed 27th March, 1794.
deeds and conveyances relating to the military bounty lands, which became a law on the eighth day of January last, it is enacted, That all deeds and conveyances theretofore made and executed, or pretended so to be, of, or concerning, or whereby any of the said lands may be any way affected in law or equity, shall on or before the first day of May one thousand seven hundred and ninety-four, be delivered to, and deposited with the clerk of the city and county of Albany for the time being ; and the said clerk shall on or before the first day of June, which will be in the year of our Lord one thousand seven hundred and ninety-four, deliver all the said deeds and conveyances, so desposited in his office, to the clerk of the county of Herkimer for the time being, there to remain for the benefit of all persons interested therein ; And whereas the said lands have been since erected into a separate county by the name of Onondaga ; And whereas the time limited for depositing the said deeds and conveyances is too short; Therefore,
I. Be it enacted by the People of the State of New York, re. Time for de. presented in Senate and Asso* g, and it is hereby enacted
pofiting mili. by the authority of the saint, That the time limited in and by extended. the said act for delivering the said deeds and conveyances to the clerk of the city and county of Albany for the time being, and depositing the same with him, shall be and hereby is prolonged until the first day of May which will be in the year of our Lord one thousand seven hundred and ninety-five, and that the clerk of the said city and county of Albany for the time being shall, on or before the first day of June which will be in the said year of our Lord one thousand seven hundred and ninety-five, deliver all the said deeds and conveyances which have been or shall be so deposited in his office, to the clerk of the county of Onondaga for the time being, there to remain for the benefit of all persons interested therein ; any thing in the said act to the contrary notwithstanding.
II. And be it further enqcied by the authority aforesaid, Clerk.of HerThat the clerk of the courty of Herkimer for the time liver to the being shall upon demand, deliver to the clerk of the coun
daga certain ty of Onondaga for the time being, all the books in which deeds, &c. he shall have recorded since the eighth day of January last, in conformity to the said act, any deed or deeds, conveyance or conveyances, of or concerning, or whereby any of the said lands may be any way affected in law or equity, FOL. II.
clerk of Onon.
together with all deeds and conveyances, of or concerning the same lands then in his possession, taking a receipt for the same ; and that thereupon the operation of the said act,
as to the said clerk of the said county of Herkimer shall And the clerk cease ; and that the said clerk of the county of Onondaof Onondaga ga, for the time being, shall thereafter do, execute aná to execute the daties re- perform all and every the duties and services required by this act of the the said act to be done, executed or performed by the clerk of Her clerk of the county of Herkimer for the time being, and
in the same manner and form, and shall be entitled to the like rewards, and subject to the like penalties, as such clerk of the said county of Herkimer is entitled and subject to by the said act; and every thing to be done in the premi. ses by the clerk of the county of Onondaga for the tinie being, shall be of the same validity and effect as if done by the clerk of the county of Herkimer before the passing of this act ; any thing herein contained to the contrary notwithstanding.
TWENTIETH SESSION. CHAP. LI. An ACT to settle Disputes concerning the Titles to Lands
in the County of Onondaga. Kl.126.96.36.199.266.
Passed the 24th March, 1797. Preamblo. T THEREAS a convention of delegates from a num
VV ber of towns in the county of Onondaga, have by their petition presented to the legislature, prayed that a
law may be passed, authorizing a speedy and equitable 5 John.139. mode of settling disputes relative to the titles of land in
that county : Therefore, Róbert Yates 1. Be it enacted by the People of the State of New York, and others represented in Senate and Assembly, That Robert Yates, appointed commission. James Kent, and Vincent Matthews shall be, and they are to lands in hereby appointed commissioners, with full power to hear, the county of examine, award, and determine according to law and
equity all disputes and controversies respecting the titles, and all claims whatsoever to any lands in the county of Onondaga, and to examine any party or parties submitting to their examination and witnesses on oath, and to commit any witness refusing to be sworn or to answer any question or questions touching the premises, to the gaol of the county in which they may then sit, there to remain until he or she shall submit to be sworn, and to answer such question or questions ; Provided always, That no person shall be obliged to answer any question which may tend to charge himself or herself with any crime, nor shall any witness be compelled to answer any question
or questions wherein he or she shall be interested.
rs to alem
dice; whereby the public or any private person may be ina füred ; upon report or complaint made ihereof to any
wo or more of the judges aforesaid of the county for which he is loản-officer, the said judges are hereby requited and commanded by summons to conivene the judges and supervisors of the same county, to meet at such time and place as in the said précept shall be appointed, to hear and determine summarily upon the said report or complaint ; and upon sufficient proof made to any one or more of the said judges, with a major part of the said supervisors; of any death, removal, neglect or refusat in the said office as aforesaid, then and in that case, the said majority of the supervisors, with concurrence of one or more of the judges aforesaid, shall proceed in manner as herein before directed, to elect, and are hereby required and commanded to efect å loan-officer in the rooin and stead of suchi deceased or absent person, or such person who shall have neglected or refused as aforesaid ; which Toan-officer só elècted ás aforesaid, having entered into bond and heèn qualified in like thanner, as other loati-officers are by this act directed, shall then have all the powers, privileges and advantages, and shall be subject to all the penalties and forfeitures which any of the loan-officers of the county as aforesaid are vésted of charged With, entitled or subject to by virtue of this act:
XVI. And be it further enacted by the duthority aforesali, Loan #cets That if any of the loan officers hereafter to be elected, hout shall desire to be disclrárged of and from the said office, any one or more of the judges aforesaid shall and may, upon the application of such loan-officer for that purpose, issue his or their précept to summor the judges aforesaid and supervisors, to meet at a day and place in the said precept mentioned; to whom, when met, the said loan-offi. cer shall.produce or render an account of his proceedings in his said office ; and if it appeat upon examination, to à majority of the said judges and supervisors, that the said loan-officer hath faithfully demeaned himself in the discharge of his said office, according to the true intent and · meaning of this act, then and in such case, such loan-officer shall be discharged of and from his said office, and another fit person shall by them be elected to supply his place, who shall take the same oath or affirmation, give the like security, be subject to the like penalties, restric's tions and regulations, and receive the same salaries and advantages as the other loan-officers for that county, by yirtue of this act are liable, subject or entitled unto.
XVFF. And be it further enacted by the authority aforesaid, to deliver That when a loan-officer shall be chosen and qualified as books, &c. € herein is directed, in the place of a former loan officer, fors. such' former loan-officer, his executors or administrators, shall upon demand deliver to the new loan-officer choten VOL. II.
in his place and qualified as aforesaid, all the monies, books and papers that were in such former loan-officer's custody, belonging to his office, upon oath, or if of the people called Quakers, on affirmation, before any justice of the peace ; and in case any such former loan-officer, or his executors or administrators, shall delay or refuse to make such delivery on oath or affirmation when demanded as aforesaid, the bond of such former loan-officer shall
be forfeited. Mortgagors
XVIII. And be it further enacted by the authority aforesaid, when barred. That if any borrower shall neglect to bring in and pay, or
cause to be brought in and paid, yearly and every year, on the third Tuesday in June, or within twenty-two days thereafter, on one of the days which the loan-officers aforesaid are by this act directed to attend the respective loanoffices, the yearly interset due by his mortgage, and also the part of the principal, as it becomes payable, then and in either of these cases, the loan-officers to whom such mortgage was granted, shall be seised of an absolute, indefeasible estate in the lands, houses, tenements and hereditaments thereby mortgaged to them, their successors and assigns, to the uses in this act mentioned ; and the mortgagor, his or her heirs and assigns, shall be utterly foreclosed and barred of all equity of redemption of the mortgaged premises, any law, usage or custom, or prac
tice in courts of equity to the contrary notwithstanding. Times of at. XIX. And be it further enacted by the authority aforesaid,
That the loan-officers shall respectively attend the loanoffice every year, to receive the monies by this act directed to be paid to them upon the third Tuesday of June, and thereafter on the Tuesday in each week, for the term of three weeks.
XX. And be it further enacted by the authority aforesaid, That the loan-officers shall within eight days after the last of the Tuesdays aforesaid, yearly and every year, cause advertisements to be fixed at not less than three of the most public places, in three or more towns, precincts or districts of the county where the premises are situated, de. .scribing the quantity and situation of the lands mentioned in the said mortgage, and giving notice, that on the third Tuesday in September in the same year, they are to be sold, at the court-house of the respective counties where the lands lie, by way of public vendue to the highest bid
der. Effect of such XXI. And be it further enacted by the authority aforesaid, fales.
That the loan-officers of the respective counties aforesaid, shall on the said third Tuesday of September yearly, expose the lands in the mortgages foreclosed as aforesaid, to sale at public vendue, and upon such sale, shall convey the said lands to the highest bidder or bidders ; and the purchaser or purchasers shall and may hold and enjoy the
Lands when to be sold..
same lands for such estate as was conveyed to the said ** loan-officers by the mortgage executed by such mortgagors, clearly discharged and freed from all benefit and equity of redemption, and all other incumbrances made and suffered after the execution of such mortgage by the mortgagor, his or her heirs or assigns, and such purchaser or purchasers shall pay the loan-officers for drawing and executing such conveyance the sum of five shillings. · XXII. And be it further enacted by the authority aforesaid, Monies arifThat the money for which the premises are sold, shall i
ing from sales upon the sale thereof be paid to the said loan-officers, out of. of which they shall retain in their hands the amount of the principal then due, together with the interest which would have been due thereon on the third Tuesday of June next thereafter, if such saie had not been made, as also the expense of the advertisements and of the sale, such expense not exceeding fifteen shillings, and the remainder, if any be, the loan-officers shall pay to the niortgagor, his or her heirs or assigns ; Provided always, That. if any person or persons offer at the time of the sale to borrow on sufficient security, within this act, the whole principal that is to be retained out of the price, and.. lent out again, then and in that case the loan-officers shall not retain interest beyond the day of sale ; Provided also, That if the purchaser incline to borrow the principal sum of sums that is or are to be paid by him, and lent . out again, and if the loan-officers be satisfied with the se-curity to be given by such purchaser in manner aforesaid; such purchaser shall be preferred to any other borrower ; Provided likewise, That the loan-officers shall not be obliged to take notice of any assigns of the mortgagor, unless. they enter a notice of their right with the said loan-offi.. cers, at or before the time of sale ; which notice the loan-! officers shall enter on the mortgage and minute thereof, on demand, the assignee paying one shilling for the same; and assignees shall be preferred according to the priority: of their entries of such notices.
XXIII. And be it further enacted by the authority aforesaid, Fraudulent That after any lands, houses, tenements or hereditaments mortgagors are mortgaged, according to the directions of this act, if cuted." it shall appear to the loan-officers, upon good and suffi-cient grounds (which they shall insert in the minute book of their proceedings) that the mortgagor had no good: right or title to the premises mortgaged, or has otherwise broken the covenant of his mortgage, so that the public may be in danger of losing the monies, or any part thereof, advanced in loan upon the credit of the premises, it shall and may be lawful to and for the said loan-officers, and they are hereby empowered and required to commence an action or actions of debt or covenant upon the said mortgage, against the said mortgagor, his or her heirs,