« ՆախորդըՇարունակել »
Comptroller's deed shall be conclusive evidence. But the question returns, of what shall it be conclusive evidence 2 The sale was made in 1815, under the act in 26 Rev. Laws of 1813, p. 517, §17, which declares that the Comptroller's deed shall be conclusive evidence “that the sale was regular according to the provisions of this act.” This applies to the notice and other proceedings to effect a sale, and not to the assessment. Much less does it make the deed evidence that a case had arisen where a sale was authorised by law. It provides evidence of the regularity of the proceedings, and not that the case was one where any proceedings could be had to effect a sale. It would be an unheard of stretch of power, to declare that the acts of any ministerial officers should be conclusive evidence of their own jurisdiction over the subject matter. Even judgments of courts of the most extensive authority, are not evidence of their jurisdiction; that may be questioned at all times, and even consent does not confer it. Your committee can not doubt therefore, that in this case, the Comptroller's deed is no evidence whatever of the correctness of the original assessment, or if it be presumptive, that it may be repelled. The petitioner therefore has suffered no injury from the sale of his lot; his title is as perfect as it was before.
Your committee recommend to the House the adoption of the following resolution: o
Resolved, That the prayer of the petition of John Shiland be de
- - -
REPORT of the committee on claims, on the petition of Huldah Moger.
Mr. J. C. Spencer, from the committee on claims, to which was referred the petition of Huldah Moger,
The petitioner alleges that she is sister and one of the heirs of Joseph Hubbard, a revolutionary soldier, and prays for a grant of the bounty lands promised to those who enlisted to serve in the line of this State for the war. The document already so often referred to by your committee, in the office of the Secretary of State, which is a register of the muster rolls of the New-York regiments, shows that on the 1st of January, 1777, Joseph Hubbard enlisted as a corporal in Col. Livingston's regiment, and probably in Capt. Housen's company, for during the war, and that he died in service on the 16th October, 1780. These facts are also corroborated by sundry affidavits produced by the petitioner.
The evidence is not only satisfactory, but entirely conclusive, that he came within the resolutions promising bounty lands; and your committee can discover no reason why his heirs should not receive those lands or an equivalent. Perhaps they have not technically inherited a legal claim; but in the opinion of your committee, it would not comport either with the character or dignity of this State to shelter itself behind a statute of limitations, or any other mere technical exception, to avoid the extinguishment of a claim perfectly just and undeniably equitable; and in the present case, there is great
reason to doubt whether this petitioner would be precluded by any statute of limitations. But an investigation of that point is waived, because the government of the State has for the last thirty years constantly disregarded the statute which probably was intended only as a limitation on the authority of the Commissioners of the LandOffice. But the proof respecting the heirs of Joseph Hubbard is not so satisfactory as to justify your committee in determining who they are. It is proposed therefore to refer this question to the Commissioners of the Land-Office. As there is no more land to satisfy this claim, your committee is constrained to propose the payment of such a sum as, under all the circumstances, appears to be a fair equivalent. They have accordingly instructed their chairman to introduce a bill conformable to these views. .
Of the committee on the erection and division of towns and counties, on the petition of inhabitants of the town of Hinsdale, Cattaraugus county.
Mr. Knight, from the committee on the erection and division of towns and counties, to whom was referred the petition of inhabitants of the town of Hinsdale, in the county of Cattaraugus,
w That they have examined the petition of said inhabitants, from which it appears that the course of the roads, streams, ravines and hills, render it inconvenient for the inhabitants to meet at one place for the transaction of public business.
And from the accompanying map it appears that the present town of Hinsdale comprises a territory of seventy-two square miles. And that the population, by the late census of the United States, is nine hundred and nineteen.
Your committee are of opinion that the prayer of the petitioners ought to be granted, and have prepared a bill, and ask leave to introduce the same.