claims Act relating to the Limitation of Suits. An act limiting the period of bringing claims and prosecutions against forfeited estates. Passed 28th March, 1797. Sess. 20, Chap. 52.1 WHEREAS the title deeds and other documents relative to forfeited estates were generally carried away by the former proprietors, whose conduct caused their forfeiture; and the title of the state, as resulting from such forfeitures, is thereby peculiarly liable to be obscured or defeated: Therefore, Limitation of $1. Be it enacted by the People of the State of New-York, ist for represented in Senate and Assembly, That no person or persons, fested estates. bodies politic or corporate, who now have, or shall or may hereafter have any estate, right, title, claim or demand, in or to any lands, messuages, tenements or hereditaments, supposed to have been forfeited to the people of this state, in consequence of the attainder or conviction of any person or persons for any act or crime done or committed during the late war, and which have been heretofore granted or conveyed to any person or persons, bodies politic or corporate, by the commissioners of forfeitures, or other person or persons duly authorised for that purpose on the part of this state, shall, after the expiration of five years from and after the passing of this act, and where the estate, right, title, claim or demand shall hereafter accrue, then after the expiration of five years after the same shall so accrue, have, prosecute, sue or maintain any action or suit at law for the recovery thereof, against the right or title so granted or conveyed by the people of this state, as above said. All persons wards, to be barred. $2. And be it further enacted, That if any person or persons, suing bodies politic or corporate, shall and do at any time after the said respective periods of five years, sue or prosecute any suit or action at law, or make any title or claim of, in or to any of the said lands, tenements or hereditaments so as aforesaid granted by such commissioners of forfeitures, or other person or persons duly authorised for that purpose on the part of this state, that then and in such case, such person or persons, bodies politic or corporate, their heirs and successors, so suing or prosecuting such suit or action, shall from thenceforth be utterly barred forever of all and every such suit or action, estate, right, title or claim so thereafter to be sued, prosecuted or had of, in and to the same, against the right or title so granted or conveyed by the people of this state as aforesaid. Proviso in favor of infants, persons. $3. Provided always, and be it further enacted, That if any feme coverts, person or persons who is, are or shall be entitled to sue or prosecute and insane such suit or action, or who hath, have or shall have such right or title, shall be within the age of twenty-one years, feme covert, or insane, that then such person or persons, his, her and their heirs and assigns, shall or may at any time within five years next after his, her or their coming to full age, or of sound mind, or discoverture, bring, sue and prosecute such suit or action, and at no time thereafter. (1) 1R. L. p. 128. Gr. v. 3, 428. K. & R. v. 1, 162. Act concerning Suits by the People of this State. An act relative to suits on behalf of the people of this state. Passed April 24, 1829. Chap. 252, p. 386. $1. Where any one or more of the officers or agents of this state, either by his or their name or names, or by the name of his or their office or offices, are or shall be one of the parties to, or shall have executed or shall hereafter execute, any bond, covenant, contract, promise or agreement, in a matter concerning the people of this state, and in which the said people, and not such officer or agent, are or shall be the real party in interest, it shall and may be lawful to bring and maintain actions against the other party or parties to any such bond, covenant, contract, promise or agreement, for the breach or non-performance of the same, in the name of the people of this state, in the same manner and with the like effect as though the said people, instead of such officer or agent, had been named and described as a party to, and had executed such bond, covenant, contract, promise or agreement; but no such action shall be brought, except by the attorney-general on behalf of the people. Acts respecting the Imprisonment of Female An act respecting female convicts in the state prison at MountPleasant. Passed January 27, 1829. Chap. 13, p. 82. $1. All female convicts who have been or hereafter shall be directed and commanded by a pardon issued in that behalf, to be imprisoned at hard labor in the state prison at Mount-Pleasant, shall be confined in the same manner, and be subject to the same powers and regulations of the commissioners, as other female convicts who are adjudged to be confined in the state prison in the first and second districts of the state, pursuant to the provisions of the act, entitled "An act respecting the state prison, and concerning the penitentiary in the city of New-York," passed April 12th, 1828. An act relative to the imprisonment within the city and county of New-York, of female convicts adjudged to be confined in the state prison. Passed April 23, 1829. Chap. 220, p. 347. $1. The mayor, aldermen and commonalty of the city of NewYork, may remove from the prison formerly known as the state prison at Greenwich, to such other prison or place of safe confinement within the city and county of New-York as they may designate, to be first approved under their hands, by the commissioners for building a new state prison at Mount-Pleasant; and may thereafter support, confine, govern and employ at such other prison or place, all female convicts now supported, confined, governed and employed, or who may hereafter be received for such purpose by them, under and by virtue of any contract made in behalf of the state with them, in pursuance of Sales by, and contracts for lands. the act, entitled "An act respecting the state prison, and concerning the penitentiary in the city of New-York," passed April 12, 1828, by the commissioners therein mentioned. $ 2. Such contract shall not be impaired or affected by this act, or by any thing to be done in pursuance thereof; but the terms and conditions thereof shall apply to the imprisonment of such female convicts in such other prison or place of confinement, in like manner as the same has heretofore applied to the imprisonment of such convicts in the said prison at Greenwich. Acts relating to the Indians, and the Lands An act relative to the different tribes and nations of Indians within this state. Passed 10th April, 1813. Sess. 36, Chap. 29.1 $1. Be it enacted by the People of the State of New-York, rewith Indians presented in Senate and Assembly, That if any person, without the authority and consent of the legislature of this state, shall, in any manner or form, or upon any terms whatsoever, purchase any lands within this state, of any Indian residing therein, or make any contract with any Indian for or concerning the sale of any lands within this state, or shall in any manner give, sell, demise, convey, or otherwise dispose of any such lands, or any interest therein, or offer so to do, or Possession, shall enter on or take possession of, or settle on any such lands, by &c. taken un- pretext or colour of any right or interest in the same, in consequence since the 14th of any such purchase, or contract made or to be made, since the fourwithout the teenth day of October, one thousand seven hundred and seventy-five, and not with the authority and consent of the legislature of this state, every such person shall, in every such case, be deemed guilty of a public offence, and shall, on conviction thereof before any court having cognizance of the same, forfeit and pay to the people of this state, two hundred and fifty dollars, and be further punished by fine and imprisonment, at the discretion of the court. der them Oct. 1775, consent of ture. Declared an offence. Penalty. Suits not on bond, bill, note, &c. gainst certain dians. tribes of In any $ 2. And be it further enacted, That no person shall sue or mainmaintainable tain action on any bond, bill, note, promise or other contract hereafter to be made against any of the Indians, called the Stockbridge Indians, or of the Seneca tribe or nation, nor against any Indian residing in Brothertown, or on any lands reserved to the Oneida, Onondaga, or Cayuga Indians, and every person who shall sue or prosecute any such action against any of the said Indians, shall be liable to pay treble costs to the party grieved: Provided, That this section shall On pain of not extend to any action or suit on any contract made before the first day of July, in the year one thousand seven hundred and ninety. treble costs. (1) 2 R. L. p. 153.-Br. ed. 86, 108; S. & L. 69 ; V. S. 69; J. & V. v. 1, 13; Ib. v. 2, 282, 366, 404, 446; Gr. v. 1, 13, 14; Ib. v. 2, 194, 270, 312, 346, 347, 395, 475, 478, 483; Ib. v. 3, 73, 157, 182, 207, 236, 255, 277, 310, 340, 416, 464; K. & R. v. 1, 464; W. v. 3, 368, 169, 171, 62, 478, 65, 604; W. v. 4, 601, 602, 61; W. v. 5, 132, 134, 88, 89, 410, 362, 224, 485; W. v. 6, 59, 244, 593. be sold to the Saockbridge ties. $3. And be it further enacted, That if any person shall sell to Spirituous liany Indian belonging to the Oneida or Stockbridge tribe, any rum, quors not to brandy, gin, or other ardent spirits, within the counties of Oneida, Oneida or Madison, or Chenango, he shall be deemed guilty of a public offence, Indians, in and on conviction thereof, be fined at the discretion of the court, not certain counexceeding twenty dollars for one offence, and shall also forfeit the sum of five dollars for every such offence, to be recovered in an action Penalty of debt with costs, in any court having cognizance thereof, by any one who will sue for the same, the one half of which forfeiture to be paid to the prosecutor, and the residue to the overseers of the poor of the town in which such recovery shall be had, for the use of the said poor: Provided, That on the recovery of such forfeiture, the offender shall Proviso. not be liable to any other or further prosecution for the said offence: and no Indian or other person shall sell or dispose of any spirituous No spirituous liquors or ardent spirits, in that part of the town of Paris called Bro-sold to the thertown, without first obtaining a license for the same, under the Indians hands and seals of three of the superintendents of the Brothertown In- without li dians, under the penalty of twenty dollars, to be recovered before any Penalty. three of the keepers of the peace of Brothertown, the one half of which shall be for the use of such Indian as shall sue for the same, and the other half for the use of the poor in Brothertown. liquors to be Brothertown cense. certain tract. $4. And be it further enacted, That if any person shall sell any No spirituous liquors to be rum, brandy, gin, or other ardent spirits, within the limits of the tract sold to Indiof land owned by the Muheconnuck or Stockbridge Indians, or within and within a the reservation lands of the Oneida or Brothertown Indians, he shall forfeit twenty dollars for every such offence, to be recovered with costs in manner aforesaid, before any justice of the peace; one half thereof to be paid to the prosecutor, and the residue to the district attorney of the district within which the said tribes of Indians reside, to be by him paid into the treasury of this state, for the use of the tribes of Indians where such offence shall happen. be taken of $5. And be it further enacted, That no pawn taken of any Indian No pawn to within this state, for any spirituous liquor, shall be retained by the Indians for person to whom such pawn shall be delivered; but the thing so liquor. pawned may be sued for and recovered, with costs of suit, by the Indian who may have deposited the same, before any court having cognizance thereof. expenses of $6. And be it further enacted, That it shall be lawful for the Incidental comptroller, on the order of the person administering the government indian affairs. of this state, to draw his warrant on the treasurer, for the payment of such sums of money as shall from time to time be necessary for incidental charges attending on Indian affairs, not exceeding five hundred dollars in any one year; and it shall also be lawful for the person administering the government of this state, to appoint such persons as he shall see fit, to provide for and entertain all Indians who may visit the seat of government on any business, and to order the comptroller to draw his warrant on the treasurer for such sum or sums of money, to defray the expense of entertaining such Indians, in favor of such persons as he shall direct, not exceeding in any one year the sum of one thousand dollars. 352 Certain agreements, dians con firmed. $7. And be it further enacted, That all the agreements and &c. with In stipulations heretofore made by agents appointed on the behalf of this state, with the Oneida, Onondaga, and Cayuga tribes of Indians, and the Indians called the St. Regis Indians, respectively, as contained in certain articles of agreement, bearing date respectively on the twenty-seventh and twenty-eighth days of July and the fifteenth day of September, in the year one thousand seven hundred and ninetyfive, and in a treaty made with the said Oneida Indians on the first day of June, in the year one thousand seven hundred and ninety-eight, and in the treaty made with the Oneida nation on the fourth day of June, one thousand eight hundred and two, and in the treaty with the Seneca nation on the twentienth day of August in the said year; and also in the purchase made of the christian party of the Oneida nation, of all that part of their reservation, not heretofore ceded to this state, beginning at a point which is one mile and a half north of the twenty-fourth mile stone on the Seneca turnpike road, between the Oneida and Cowasselon creeks, and running thence with a straight line to a point of the shore of the Oneida lake, which is a half a mile on a straight line westerly from the mouth of the Oneida creek; thence along the shore of the said Oneida lake westerly, to the lands belonging to the people of this state; then along the same southeasterly and southerly to the land of Myndert Wemple; then along the same easterly to the northeast corner thereof; then north to the distance of one mile and a half from said turnpike road, and then easterly to the place of beginning; and also of another tract of land bounded as follows: beginning on the west side of the Oneida creek opposite to the mouth of the said creek, which empties into it near the Oneida Castle, and running thence south to the line of the lands belonging to the pagan party of the said Indians; then along the same east to the said Oneida creek, and then down along the middle thereof to the place of beginning: And also, in the purchase made by the governor of this state from the christian party of the Oneida nation of Indians, of all that part of their reservation land not heretofore ceded by them to the people of this state, lying on each side of the Fish creek, and of the pagan party of the said nation of their reservation land lying east of the Oneida creek, as designated in the said purchases: And also the purchase made by the governor from the Seneca Indians of the islands in the Niagara river, between Lake Erie and the falls in the said river within this state; and the treaty made with the St. Regis Indians on the twenty-third day of May, in the year one thousand seven hundred and ninety-six, and which are filed in the office of the secretary of this state; and also the treaty made with said Indians for the extinguishment of their claims to the mile square and meadows in Grass river; and also the contract made by the governor with the agents of the Cayuga nation of Indians for the purchase of their reservation of lands, on the east side of the Cayuga lake, containing three thousand two hundred acres, for the sum of four thousand eight hundred dollars, and all deeds executed, or to be executed, in pursuance thereof; and also all other purchases of land as shall have been heretofore made by the governor from the Onondaga Indians, or from the christian or pagan party of the Oneida nation of Indians, or from any other nation or tribe of Indians; and |