The New-Jersey gazette — Burlington [N.J.], 1784-02-17 00:00:00, page 1

WHEREAS the personal and real
estates of certain fugitives and of
fenders have, by several afts of the
legislature, been forfeited to the use
of this state: And whereas the
debts and demands due from such fugitives and of
fenders have, from the fluctuating state of the curren
cy and other circumstances, been adjusted in different
modes by the judges of the several courts of common
pleas before whom they may have been exhibited for
liquidation ; on which account it hath become neces
sary that provision be made for re-adjusting the fame •
Sed. I. Be it therefore enaded by the Council and
General Assembly of this state, and it is hereby en
abled by the authority of the fame, That each and
every person, his heirs, executors or administrators,
having a demand against any estate forfeited as afore
faid, either by mortgage, specialty, note or otherwise,
which hath been heretofore prefentcd and adjusted
agreeably to the aft, intitled, " An aft for forfeiting
" to, and vesting in, the state of New-Jersey, the real
" estates of certain fugitives and offenders, and for
" directing the mode of determining and fatisfying the
" lawful debts and demands which may be due from,
" or made against, such fugitives and offenders, and
" for other purposes therein mentioned," passed the
eleventh day of December, Seventeen Hundred and
Seventy-eight, and which still remains unpaid, shall
lay the fame before two or more of the judges of the
court of common pleas of the county in which the per
son against whose estate the demand may be resided ;
or if a non-resident, before two or more of the judges
of the court of common pleas of any county in which
a part of the estate of such person, forfeited as afore
faid, may have been situated or fold, together with
the vouchers in support thereof; which judges, hav
ing ascertained the sum or balance due agreeably to
law, shall state the account and certify the fame, and
transmit a copy of the whole to the auditor of accounts
for the time being, on or before the fiift day of Sep
tember next ensuing; and shall allo endoife on tne
mortgage, specialty, note, or other document contain
ing the demand, the amount of the debt due or ba
lance ascertained ; for which the laid judges ihali be
entitled to receive from each applicant the lum of two
(hillings and fix-pence, and no more.
2. And be it enaded by the authority aforefaid,
That the auditor of accounts shall, as loon as may be
after the palling of this aft, make an accurate calcula
tion and statement of the net proceeds of each estate
personal or real forfeited as aforefaid, calculating the
value thereof in specie agreeably to law, fiom the day
the monies became payable into the ucalury, on the
several sales from time to time made, and shall deduct
therefrom the real value of the demands already paid,
to be calculated in like manner; and on receipt of
the certificates above mentioned shall, on or before the
firft day of December next ensuing, lay an account of
the then net amount of each estate, and the amount
of each several demand against the fame, before the
treasurer of the state for the time being, who fnall
make payment thereon as soon as the state of the trea
sury will admit. Provided always, That if the net
amount of any estate shall be found infuflicient to dis
charge all the said demands, the debts secured by
mortgage or judgment shall be firft paid according to
their priority, and a ratable devidend shall be made of
the residue in proportion to the adjusted demand of
each creditor.
3. And be it enaded by the authority aforefaid,
That when, and as often as the state of the treasury
will not admit of payment as aforefaid, the treasurer
shall issue notes signed by him and countersigned by
the auditor of accounts, for the balance due to each
person, observing to ascertain, in separate receipts to
be by him taken, the sums paid in money and those
for which notes are given ; and on the payment of mo
nies or issuing of notes duplicate receipts shall be
^ Aft for ascertaining the value of debts due from
the forfeited efiates of certain fugitives and of
fenders, and for directing the payment of the
fame.
NEW-JERSEY GAZETTE.
STATE of NE W-JERSE Y.
[Vol. VII.]
TRENTON: Printed by ISAAC COLLIN S, Printer to the State.
TUESDA Y, February 17, 1784.
6. And be it further enaded by the authority afore
faid, 1 hat each and every pet fun having any demand
as aforefaid against any of the said estates forfeited as
aforefaid, except as is herein after excepted, and who
hath not produced the fame for settlement within the
time limited, and in the mode prescribed by the ad
herein before mentioned, shall be forever barred from
foreclosing any such mortgage, or commencing, pro
secuting or maintaining, any adion or suit thereon, or
01 any fucn ipecialty, note or other demand, or re
ceiving payment thereof fiom the state or premises so
mortg ged or encumbered.
7. AND WHEREAS, by reason of the troubles of
the late war, or by other means, many persons hav
ing demands against sundry of the estates forfeited as
aforefaid may have been prevented and disabled from
producing the fame in the manner and within the time
defciibed and limited in the aforefaid ad, Be it en
aded by the authority aforefaid, I hat each and every
person who is not an offender in the manner described
in the arorefaid act, that shall make it appear to the
judges aforefaid by fatisfadory proof, that he was be
yond the seas, or that he was a prisoner of war, and
involuntarily detained within the lines of the enemy,
or that kis residence had been distant from this state,
or that he was in such other situation and circuniftance
as rendered it impracticable to produce his demand,
of what nature or kind soever, either mortgage, spe
cialty, note, or other document on which his demand
is founded, within the periods limited in said ad, shall
be and hereby is permitted to lay the fame before the
judges as aforefaid for settlement within the time li
mited in this ad.
8. And be it further enaded by the authority afore
faid, 1 hat any person thinking himfelf aggrieved by
the determination of the said judges in the liquidation
of any debt or demand not fettled in term time, may
appeal to the next court of common pleas to be held
in the county, who shall hear and decide the fame,
and certify accoidingly; and any person or persons
may in like manner appeal on behalf of the state.
9. And be it enaded by the authority aforefaid,
That the agents of forfeited estates in each refpedive
county shall, as soon as may be after the publication
of this ad, by advertisements inserted in either of the
newfpapeis printed in this state, and also by the like
advertisements set up in §hree of the most publick
places of the county, give notice to all persons having
demands as aforefaid, to produce the fame as in and
by this ad is directed.
4. Provided always, and it is hereby further enad
ed by the authority aforefaid, I hat no certificate shall
be signed by the judges of the relpedive courts of
common pleas as aforefaid,or any of them, or account
dated, or payment made, or notes issued as aforefaid
for an) ueot due on judgment, or due on mortgage or
secured thereby, unlels fufficient proof be made before
them by the oath or affirmation of the commifoners,
agents or others, who fold or who may fell the estate
ig a m* which the demand may be brought, or other le
gal evidence, that fuclieftate was not fold lubjed to
encumbrances, and lo declared or published at the
time of file.
5. And be it further enabled by the authority afore
faid, (hat each and every person having any demand
against any of the said estates forfeited as aforefaid,
by mortgage, Ipecialty, note or otherwise, and who
shall not produce the fame to be re-adjuded as herein
before is directed, and within the time herein before
limited, shall forever after be barred from foreclofing
such mortgage, or commencing, prosecuting or maintain
ing, any action or suit thereon, or on any such spe
cialty, note or other demand, or receiving payment
thereof from the state or premises so mortgaged or en
cumbered.
signed on the mortgages, specialties, notes, or other
vouchers; and the fame shall be filed in the treafury
office, to be afterwards cancelled or destroyed, as the
legislature may direct ; and the said notes so to be is
sued by the treasurer shall be payable at any time after
from any unappropriated monies in his hands, to the
order of the refpedive persons in whose names they
may be given, their executors or administrators, and
shall bear an interest of fix per centum per annum from
their date.
THE
10. AND WHEREAS, under several acts of for
feiture from time to time puffed in this state, divers
inquisitions have been taken and found, and judgment
entered thereon; which inquisitions having, in many
instances, been drawn or filled up by persons less ver
fant in tlre forms of law, may be liable to be quashed,
the judgments entered thereon reversed, and the sub
sequent proceedings vacated on writs of error or cer
tiorari, by reason of informality, or other causes not
material to the issue or merits of the several causes-
Be it enaded by the authority aforefaid, That no in
quisition taken or found, or judgment entered thereon,
or proceedings had in consequence thereof as aforefaid,
shall be liable to be qualhed, reversed or vacated, for
or on account of any informality, or other cause what
ever not material to the charge or issue, or against
the right or merits thereof, and which shall not go di
realy to the proof that the person charged was not an
offender within the meaning of the said ads, or of any
of them ; neither shall any file of forfeited estates
made by any commissioner or agent be liable to be va
cated or set aside, for or on account of any informality
or omiflion of taking out regular procels as direded
in said ads.
A. Faffed at Trenton, December 23, 1783.
A true copy /row the original,
MASKELL EWING, jun. Clerk
of the General Assembly.
THE late belligerent powers, in concluding the
treaty of pacification, shew all the politeness
imaginable. A silver Box is handed round to the
different parties, in order that they may takw Inuff
and pause a little, before they throw aside the fworl
France takes a cordial pinch, and laughs at the rest
of Europe; Spain sneezes a little, and curfts the fa
mily compad; Holland refutes to take Guff, but chews
and blows the tobacco of repentance; America takes
a most exhilarating fiiuff, and after exulting at her
fuccels, returns the silver box to France; Great-Bri
tain is then invited to take fnuff, by the silver box be
ing sent from Paris to London; she tastes the con
tents of the box, freezes till the tears trickle down
her cheeks, repines at her misfortunes, reprobates
those who nave brought her to the said dilemma, and
returns the compliment to France, without telling her
mind openly; but as the latter expressed a very Itiong
defiie to know how the contents of her silver box
agreed with the organs of Great-Britain, it is thought
that this secret will transpire in a short time.'
A Caution. —as the walnut season is now present,
and there are numbers of persons who conceive fruit
to be one of the daily luxuries, we would caution all
persons against putting them in red port, as two ladies
at the welt end of the town have died of a disorder in
the bowels, after only two days illness, from the ef
feds of the above, as they were both apparently in
perfed health before.— Vertumfab— mountain whey
is a more fafe beverage, but the operation of the tar
tar, which prevails in the red wine, irritates the coats
of the stomach, and prevents the digestion of the nut,
which, by being so steeped, is put into a state of the
highest indigestive matter.
OR. 6. As the emperor embraces every opportu
nity of improving the welfare of his fubjeds, the fol
lowing edid, however extraordinary it may appear in
itfclf, cannot fail, from its objed, of securing the ap
probation of our readers.'
" Whereas the dangerous consequences arising from
the use of stays, are universally acknowledged to im
pair the health, and impede the growth of the fair fex
when on the contrary the suppression of that part of
their dress cannot but be effedual in (Lengthening
their constitution, and above all in rendering them
more fruitful in the marriage state: we hereby ftridly
enjoin, that in al! orphan-houses, nunneries, and other
places set apart for the publick education of young
girls, no stays of any kind whatever be made use of or
encouraged henceforth and from this instant; and it
is further hinted to ail matters and miftufa of aca-
Foreign Intelligence.
L 0 N D 0 N, Odober 4.
[Numb. 301.]