LA W S ΟΡ THE STATE OF NEW-YORK, Paffed at the first Meeting of the SEVENTEENTH SESSION of the LEGISLATURE of the faid STATE. CHAP. I. An ACT for regiftering Deeds and Conveyances, relating to the Military Bounty Lands. WHEREAS ments to be depofit May next. Paffed 8th January, 1794. THEREAS it is reprefented to the Legislature, that many frauds have been committed refpecting the titles to the lands granted by this ftate as bounty lands to the officers and troops of this state who served in the army of the United States, and to others, on account of their military fervices, in the army of the United States, by forging and antedating conveyances, and by conveying the said lands to different perfons, and by various other contrivances, fo that it has become very difficult to difcover in whom the legal title to fome of the faid lands is now vefted: For remedy whereof, and in order to detect the said frauds, and to prevent the like frauds in future, I. Be it enacted by the People of the State of New-York,repreCertain inftru- fented in Senate and Affembly, and it is hereby enacted by the ed with the clerk of authority of the fame, That all deeds and conveyances hereAlbany county, on of before the firft of tofore made and executed, or pretended fo to be, of, or concerning, or whereby any of the faid lands may be any way affected in law or equity, fhall, on or before the first day of May, one thousand feven hundred and ninety-four, be delivered to, and depofited with the clerk of the city and county of Albany, for the time being; and all deeds and conveyances (except mortgages If not fo depofit. duly registered according to law) heretofore made and exeto be deemed frau- cuted, or pretended to be, of, or concerning, or whereby dulent and void. any of the faid lands may be any way affected in law or equity, which fhall not be delivered to,and depofited with,the faid clerk, on or before the faid first day of May aforefaid, fhall be adjudged fraudulent, and void against the fubfequent purchafer or mortgagee for valuable confideration; and the faid clerk fhall, in the prefence of the perfon delivering the fame, register the names of every person whofe naine fhall be to any deed as having executed the fame, in a book to be by him expres ly provided for that purpose, and in alphabetical order, and annex to fuch name the date of the deed, and the name of the perfon to whom the fame is granted; for which fervice the faid clerk fhall receive fix-pence; and Vol. III. ed.fach inftruments every fuch deed fhall be filed in bundles, marked in alphabetical order, to the end, that perfons inclining to have recourfe thereto, may inspect the fame, paying the ufual fees for fearch and infpection. And that the said clerk fhall, on or before the first day of June, which will be in the year one thousand feven hundred and ninety-four, deliver all the faid deeds and conveyances, fo depofited in his office, to the clerk of the county of Herkemer, for the time being, there to remain for the benefit of all pet fons interefted therein; and that all deeds and conveyances hereafter to be made and executed, of, or concerning, or whereby any of the faid lands may be any way affected in law or equity, fhall be recorded by the faid clerk of the faid county of Herkemer in books to be by him provided for that particular purpofe, and in which no other matters fhall be entered; and that every deed and conveyance (except mortgages duly registered according to law) hereafter to be made and executed, of, or confraudulent and void ceming, or whereby any of the faid lands may be any way affected in law or equity, fhall be adjudged fraudulent and vold against any fubfequent purchafer or mortgagee for valuable confideration, unless the fame be recorded as by this act is directed, before the recording the deed or conveyance under which fuch fubfequent purchaser or mortgagee shall claim. Which inftruments me to be adjulged Provided always, That no fuch deed or conveyance fhall be recorded unle's the fame fhall be firft duly acknowledged, by the party who fhall execute the fame, before one of the judges of the fupreme court of the United States, or one of the judges of the fupreme court of judicature of this ftate, or a mafter in chancery, or one of the judges of the court of common pleas of the county where the lands intended to be conveyed fhall be fituated, and a certificate of fuch acknowledgment be endorfed upon the deed or conveyance, and figned by fuch judge or mafter in chancery: and no fuch judge or mafter in chancery fhall take any fuch acknowledgment, unless he fhall then know, or have fatisfactory proof, that the perfon making fuch acknowledgment is the fame perfon defcribed in fuch deed or conveyance. II. And be it further enacted by the authority aforefaid, That the faid clerk of the county of Herkemer, for the time being, fhall perfonally refide at his faid office, and fhall hold no other office at the fame time, and fhall, either in perfon, or by fome fufficient deputy, for whom he fhall be refponfible, give due attendance at his office every day in the week, except Sunday, for the dispatch of all bufinefs belonging to the faid office; and that every fuch clerk, as often as required, fhall make fearches concerning all deeds and conveyances depofited or recorded in his office, as aforefaid, and give certificates concerning the fame under his hand, if required, and make and deliver, upon request of any perfon, a true copy of any deed or conveyance depofited or recorded in his office, and fhall be entitled to have and receive for every fearch one fhilling, and no more; and for every certificate one fhilling, and no more; in cafe the fame do not exceed one hundred words, but if fuch certificate fhall exceed one hundred words, then an additional fum at the rate of fix pence an hundred for all the words contained in fuch certificate over and above the firft one hundred words; and for recording deeds and conveyances, and for every copy of any deed, conveyance, or record in his office, the like fees as the clerks of the feveral counties in this ftate are by law entitled to for the like fervices. Deeds, &c. to be confideredasrecord their delivery into the clerk's office. III. And be it further enacled by the authority aforesaid,That every deed and conveyance which fhall be delivered at the ed from the time of faid office to be recorded, fhall be recorded in the order, and as of the time when the fame fhall be delivered for that purpofe, and every fuch deed and conveyancehall be confidered as recorded from the time it is fo delivered, and an entry fall be made on the margin of the record thereof of the day of the month, and the year, and the hour, or time of the day fuch deed or conveyance is fo-recorded; and a certificate fhall be endorsed on every fuch deed and ment to be evidence conveyance, mentioning the certain day, hour, and time of fuch recording in when, and the book and page in which the fame is fo recorded; and the clerk fhall fign the faid certificate, when.fo endorsed; which certificate fhall be taken and allowed as evidence of fuch recording in all courts of juftice whatsoever. Clerk's endorfe all courts. IV. And be it further enacted by the authority aforesaid, That the record of every fuch deed and conveyance, when fo recorded, as aforefaid, fhall be taken and allowed as evidence of fuch deed or conveyance in all courts whatsoever. fuch endorsements V. And be it further enailed by the authority aforesaid, That Counterfeiters of if any perfon fhall forge or counterfeit any fuch certificate to fuffer death. or endorsement herein before directed to be made, given, or figned by the faid clerk, and be thereof convicted, every fuch perfon being convicted thereof, according to the due courfe of law, fhall be deemed guilty of felony, and shall suffer death as a felon. VI. And be it further enacted by the authority aforefaid, That if the faid clerk, or any perfon entrusted by him, fhall be guilty of any neglect or mifdemeanor, or fraudulent practice, in the execution of this act, fuch clerk Thall be liable to pay treble damages, with full cost of fuit, to every perfon who shall be injured thereby, to be recovered by action of debt, bill, plaint, or information in any court of record. VII. And be it further enacted by the authority aforesaid, That this act fhall be deemed, taken, and adjudged to be a public act. CHA P. II. An ACT for raising a further Sum of Money for compleating the Court- WH to caule to be raifed gton and for what I. Be it enabled by the People of the State of New-York, reSupervitors duty prefented in Senate and Ambly, That the supervisors of Sol. &c. in Wath- the faid county, at their meeting in May next, fhall be, and purpofe, and when. they are hereby authorized and required to direct to be raised and levied on the freeholders and inhabitants of the faid county, the fum of one hundred and fifty pounds, for compleating the courthouse and goal in the faid county, with an additional fum of one fhilling in the pound for collecting the fame; which faid fums fhall be raifed, levied and collected at the fame time, and in like manner, as the other neceffary and contingent charges of the faid county are levied and collected. into the county trệa, fury. II. And be it further enacled, That the faid fum of one When to be paid hundred and fifty pounds fhall be collected and paid into the treafury of the faid county on or before the firft Tuesday of February, one thousand seven hundred and ninety-five; and the treasurer of the faid county is hereby required and directed, out of the money aforefaid, to pay to the commiffioners appointed by the act for raising money for building a court-house and goal in Washington county, or their rders, the feveral fums of money to be by them drawn for; and it is hereby made the duty of the faid commiffioners to account with the fupervifors of the faid county for the monies by them to be received and expended for the purpose aforefaid, when thereunto required. С НА Р. III. 'An ACT for raifing Monies in arrear from the late Parish of Rye, in the County of Weftchefter. Paffed 28th January, 1794. WHEREAS it hath been reprefented to the Legislature, that a judg ment of fourteen pounds damages hath been obtained by the executors of John Lawrence, deceafed, against Joshua Purdy, as one of the late church wardens of the late parifh of Rye, in the county of Weftchester, for monies in arrear to their teftator for keeping and fupporting a pauper committed to his care by the faid Jofhua Purdy, together with the cofts of fuit, and that other monies are in arrears from the faid late parish of Rye to other perfons: Therefore, certain the amount cofts, and levy the fame on the late pa. I. Be it enacted by the People of the State of New-York, re Superviforsto af- prefented in Senate and Affembly, That it fhall and may be thereof, with certain lawful for the fupervifors of the faid county of Weflchefter, or the major part of them, and they are hereby required, rish of Rye. at their next annual meeting, to examine into, and ascertain the amount of the monies fo recovered as aforefaid, as alfo the cofls of defending the faid fuit, and to afcertain alfo the amount of other monies fo due from the faid late parifh of Rye as aforefaid, and to cause the faid monies, and alfo all fuch other fum and fums of money as they fhall find to be fo due, together with one fhilling in the pound for collecting, and three pence in the pound for the fees of the county treasurer, for receiving and paying the fame, to be levied on and raised from the towns which conftitute the faid late parifh of Rye, in the fame manner as the contingent charges of the faid county are ufually ralfed; which monies, when fo raised, fhall be paid by the collectors refpectively, to the treasurer of the faid county, on or before the firft Tuesday of February, in the year one thoufand feven hundred and ninety-five, who fhall pay the fame, after deducting his fees, to the perfons to whom the monies are due: and if any collector fhall retufe or neglect to perform the duty required of him by this act, he shall forfeit and pay the fum of twenty pounds to the treasurer of the faid county, to be recovered with cofis in any court having cognizance thereof, by action of debt, in the name of the treasurer of the faid county for the time being, |